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Immigration Daily January 31, 2011
Previous Issues
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Comment: Search Us - Are you looking for specific information, like an article, a memo, or a regulatory provision? The familiar power of Google search is at your fingertips when you search ILW.COM. The Google Custom Search box appears at the bottom of every page and at the top of the blue left menu strip. Give our new search a try, and see for yourself.

Article: H1B And H-4 Visa Applications In India Plagued By 221(g) Refusals: Part 2 by Sheela Murthy, et al.

Article: Leading Vacuum Cleaner Manufacturer Reaches Settlement For Unfair I-9 Practices by John Fay

Bloggings: PERM: Wage Offered V. Wage Paid by Joel Stewart

Bloggings: The Nine Best Immigration Practices For U.S.-Inbound Businesses, Entrepreneurs And Investors by Angelo Paparelli

Bloggings: And From President Obama's Other Face, Another Honor Student Faces Deportation by Matthew Kolken

Bloggings: Book Review: The Struggle To Save Soviet Jewry by Jason Dzubow

Bloggings: Tea Party Senators Introduce Birthright Citizenship Bill by Greg Siskind

Bloggings: H-1B Cap Has Been Reached by Chris Musillo

News: USCIS Publishes Memo On Increase Of Certain H-1B And L-1 Fees

News: USCIS Publishes Interim Memo For Comment On Motions To Reopen Or Reconsider

News: USCIS Announces Beta-testing Of VIBE Tool

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: http://www.ilw.com/seminars/201101.shtm. Fax form: http://www.ilw.com/seminars/201101.pdf. Don't delay, sign up today.

Headline: Business Immigration Forms and Strategies. A handy resource for immigration law practitioners. Get your copy at http://ow.ly/3z08N
Headline: Alfonso Aguilar: Obama’s Empty Words on Immigration http://ow.ly/3Nn5h
Headline: Why undocumented workers are good for the economy http://ow.ly/3Nmth immigration
Headline: Racist rascal faces recall http://ow.ly/3MjVF immigration AZ
Headline: Republican traitors in Senate want to re-fight Civil War http://ow.ly/3MisU immigration
Headline: Looking for the best candidate? Carry your help wanted ad on Immigration Daily. Find out more details at http://ow.ly/3z02s
Headline: Sign up today for ILW.COM's PERM for Experts Seminar! Deadline for Registration is February 1st! FIRST Phone Session on February 2

To submit an article or a news item to Immigration Daily, write to editor@ilw.com. Follow ILW.COM on Twitter.

Help Wanted: Immigration Attorneys
Lees Summit, MO - U.S. Citizenship and Immigration Services (USCIS) Office of the Chief Counsel, Department of Homeland Security (DHS), seeks an experienced attorney with demonstrated experience in the Freedom of Information Act, Privacy Act, and other laws related to federal records. The selectee will work at USCIS. National Records Center (NRC) located in Lees Summit, MO. The selectee for this vacancy will serve as a senior attorney providing advice to the Chief of the Commercial and Administrative Law Division, the Chief Counsel, and USCIS officials located at the NRC on issues related to federal disclosure laws and other forms of general administrative law in support of USCIS. mission. The attorney would report to the Deputy Chief of the Commercial and Administrative Law Division in Washington, D.C. The attorney must have five or more years of professional legal experience, acquired after being admitted to the bar. For more info, key in Job Announcement Number: COU-CIS-2011-0001 at http://www.usajobs.com/. Submit cover letter, resume, and writing sample (max. 10 pps.) to: Lakisha.Richardson1@dhs.gov. Must be received by close of business, Tuesday, February 15, 2011. Position is at the GS-12/GS-13/14/15 level.

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 jobs@immigrationgroup.com. 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 mlhr@mintz.com.

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 to:jgabel@law-immigration.com

Immigrant Tax Services
Are you worried that your clients' tax returns might hurt their adjustment, cancellation or consular processing case? Did you know that clients making less than $46,000 qualify to obtain retroactive refunds after they obtain Social Security Numbers via any immigration process? Did you know that taxpayers can claim an exemption for dependents residing in Mexico or Canada? Sam Rock, principal of the Rock Law Group, specializes in taxes for immigrants. He is an immigration lawyer, national speaker and has published several AILA articles on the intersection of immigration and income tax law. Contributor to tax section, Kurzban's Immigration Law Sourcebook, 2010-11. With 10 years experience preparing tax returns for immigrants, we can help you understand your client's eligibility to file as head of household and make dependent claims. Get your legal fees paid from your clients' unclaimed tax refunds. Rush service in 48 hours. Educating Haitian nationals about retroactive tax credits available to Haitian recipients of TPS. Services: original 1040s, amended returns, expert letters, testimony, resolution of IRS tax debt, audits/exam from all states and U.S. taxpayers living abroad. Competitive fees. Get tax knowledge on your side. Contact: sam@rocklawgroup.com, 866-243-8178, www.rocklawgroup.com This is an advertisement by an attorney.

J1 Visa Program
Fast, easy application process; 48-hour processing; $995 processing fee. Welcome to HTP's world of international exchanges. We are a Department of State designated sponsor of the intern and trainee programs. We are the go-to sponsor for numerous immigration attorneys. Email mario@htp-usa.com, call 404.843.0688 or find us on the web at www.htp-usa.com.

To place a classifieds ad in Immigration Daily, see here

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ComingsNGoings: Immigration Event
February 8, Teleconference - USCIS International Operations Division invites you to participate in a teleconference concerning the processing procedures for Refugee and Asylee Follow to Join cases. If you have any questions concerning this teleconference, please contact the Office of Public Engagement at public.engagement@dhs.gov.

Readers can share professional announcements (up to 100-words at no charge), email: editor@ilw.com.


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 editor@ilw.com. 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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