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Immigration Daily January 28, 2011
Previous Issues
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Comment: Government Times - Visa Wait Times from the State Department and Border Wait Times from CBP are among the various government times you can find from our Processing Times page. Of course, you can also get the latest Priority Dates, and both Service Center and District Office Processing Times. Bookmark this useful page and have the information available at your fingertips!

Article: Plaintiff Lawyers in Demand for Corporate Commercial Cases by Larry Bodine

Blogging: DHS Plans Crackdown Against Smugglers In Central American by Jason Dzubow

News: USCIS Reaches FY 2011 H-1B Cap

News: CBP Issues Final Rule On Airports Of Entry Or Departure For Flights To And From Cuba

Focus: PERM For Experts
ILW.COM is pleased to announce “PERM For Experts” a 3-part telephone seminar series. Tuesday, February 1 is the deadline to sign up, the curriculum is as follows:
FIRST Phone Session on February 2: Pre-Recruitment Issues

  • Employer Registration with PERM (Legal name of company vs. d/b/a)
  • Prevailing Wages and the economy (As process driver and important considerations - soc code, job zone, level; Drafting the job description with the wage, job zone, and employment category in mind; Timing of PW [wrt to start of recruitment or filing for PERM]; Ability to pay; Private wage survey Towers Watson [f/k/a WW], Radford, collective bargaining agreement, etc.; Validity of PW [Matter of Apollo Consulting]; Appeal of PW - is it worth it;
  • Layoffs in company, industry, geographic region
  • Business Necessity (Readiness to defend necessity; Documentation required; Tips to avoid audit; Business necessity for "cook" position - excessive experience, Matter of Robertos Mexican Food; Business necessity for BA + 3 for a "Senior Software Engineer" position, Matter of Wissen, Inc.
  • Drafting the 9089 Form to avoid denials (Employee skill section and job requirements - must they mirror each other?; Everything must be included in the form, Matter of Moreta and Associates, Int.; Drafting form so that all required skills can be shown on job experience section; Ensuring that all employment verification letters, licenses, etc. are in the file prior to filing; No appeal for failure to follow direct instructions - the form requires all prior jobs that support the application; Alternative requirements - what is substantially equivalent [Global Net, Amendment of H-1B if "Dissimilar"])
SECOND Phone Session on February 10: Recruitment Issues
  • Professional or not (what to do in borderline cases; is Schedule A determinative?)
  • Advertising media - Internal consistency - NOF, PERM, PW, Recruitment (Letter to publisher asking for ad to be placed and proof suggesting payment for ad, insufficient, Matter of Natural Nature, Inc.; BALCA Affirms Denial Finding Requirement in Ad Less Favorable Than ETA 9089; Ads listing requirement of background check not in notice or PERM form, less favorable, Matter of Noll Pallet & Lumber Co.; All additional advertisements must comply with 20 CFR 656.17(f) content requirements, Matter of Credit Suisse Securities
  • Documenting recruitment (Job Order; Matter of Mandy Donuts; Screenshot of the SWA job posting, Matter of American Airlines; Internal Recruitment Program, Matter of Sanmina-Sci; Website posting (dated copies); Matter of Hawthorne Suites; Matter of EZChip; Signed recruitment report insufficient as proof that employer placed ads on its website or job search websites. Screenshots are required, Matter of Transatlantic Systems, Inc.; Professional journals; The ten options)
  • Notice of Filing ("Offered wage" Matter of O'Brien & Van Stiphout; Matter of Alum-A-Lift; Timing - Ten business days, document that company is open during holidays/weekends. "Business days" for purposes of the notice requirement under 20 CFR 656.10(d)(1)(ii), Matter of Il Cortile Restaurant; Name of business - fatal to application in Matter of Robert Venuti Landscaping
  • Job applicants (Documentation; Contacting; Interviews; Results of Recruitment)
  • Recruitment Report (Content and backup documents)
THIRD Phone Session on March 10: Post-Recruitment Issues
  • Audits (Increase in audits; what to do if the beneficiary was laid off; Response to audit when the beneficiary was laid off; Deadlines; DOL indication about debarment)
  • Supervised Recruitment (Will be stepping up; Matter of Ola Miami - opportunity to provide evidence of previous work experience)
  • Request for Review/Reconsideration or Appeal (Matter of CVS RX Services; New evidence on reconsideration evidence that existed at the time the application was filed, but was not submitted in response to the CO's audit is barred from a reconsideration request by 20 CFR 656.24(g)(2)(i), Matter of Techdemocracy)
  • Further Strategies (Possibe BALCA appeal; Re-filing)
Tuesday, February 1 is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.

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Headline: Lawmaker Dials Down Rhetoric in Immigration Talks
Headline: Immigration Voice: President's Vision on Immigration "in the Right Direction"
Headline: Ariz. bill takes on birthright citizenship
Headline: Arizona Drops the Anchor on 'AnchorBabies'
Headline: USCIS: H1B cap is hit! immigration
Headline: Don't be left out Get listed! Sign up for ILW.COM Attorney Yellow Pages at
Headline: Anti-business GOP wants to hound employers immigration
Headline: BREAKING: Immigrant youth to be banned from colleges
Headline: Tax Compliance for Immigrants and Employers: The Lawyer's Complete Guide. Don't wait! Get your copy today
Headline: Akin Gump Partner Strays Off Reservation
Headline: RT @msecimmigration: An interesting take on the IMAGE program: ICE Employer immigration enforcement

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Help Wanted: Immigration Attorney
Washington, DC - Immigration law firm in the K Street area of Downtown Washington seeks associate attorney. Ideal candidate will have 2-3 years experience in business/family immigration law, with an emphasis on AOS, H1B, L1 and PERM filings. Interesting work and clientele; no timesheets; latest technology; competitive salary and benefits (401K w/employer match, health insurance, paid vacation, etc). Successful applicants will have broad knowledge of immigration law and procedures; be detail-oriented; able to handle volume; highly organized and strong communicators. Please email resume, cover letter, writing sample and salary requirements, in confidence, to No calls please. EOE.

Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo,P.C. seeks immigration legal assistant who will report to immigration section manager and supports immigration attorneys. Prepare H-1B, L-1, O-1, TN, and E-1/E-2 visas and PERM application; file business and employment-related immigration documentation under supervision of attorneys; extensive communication with clients and government agencies; assist on special projects as assigned. Bachelor's degree and 3+ years business immigration experience required; excellent customer service skills; strong communication skills; must be organized, detail oriented, responsive and have excellent follow through skills; multi-task and work independently; strong sense of accountability and ownership of projects; ability to prioritize workload effectively; flexibility to work overtime when necessary. Please send resume to

Help Wanted: Immigration Paralegal
New York, NY - Midtown Manhattan Immigration Law Firm seeks experienced paralegal. Must have 2+ years of experience with non-immigrant visas (primarily O & P, H/L/E visas) as well as other business immigration matters. Please e-mail resume, references and writing sample

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ReadersWrite: Yesterday's Discussion

ReadersWrite: Today's Discussion

ComingsNGoings: Immigration Event
February 3 - The USCIS Office of Citizenship and Office of Public Engagement invites any interested individuals to participate in a teleconference meeting regarding the Fiscal Year 2011 Citizenship and Integration Grant Program. If you plan to participate, please email the Office of Public Engagement no later than Wednesday, February 2, 2011. Emails can be sent to Please reference the following in the subject line of your email: "Grants – Phone."

Readers can share professional announcements (up to 100-words at no charge), email:

An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2010 American Immigration LLC, ILW.COM. Send correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X

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