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Immigration Daily

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Immigration Daily November 29, 2007
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PERM Audit Wave

The sheer number of PERM audits has gone through the roof recently. In 2005, Immigration Daily predicted the period of "easy" PERM approvals would eventually end; after approximately three years of quickly approved PERM applications, a time of increased DOL scrutiny has finally come. DOL audits currently focus on business necessity connected to SVP, we believe that DOL will in coming months expand to other audit areas such as combination of occupations, restrictive requirements, etc. Attorneys who have coasted on DOL's easy standards and fail to thoroughly prepare their PERM cases, find themselves facing not only audits, but also prolonged post-audit processing delays and, at worst, denials. Attorneys are beginning to increase their PERM fees in order to compensate for the increased time required for PERM work (with some choosing to increase their flat fee rate and others choosing to bifurcate fees and charge an additional fee if an audit is required). We note that attorneys who have extensive labor certification experience (pre-RIR) now find this experience invaluable in providing the necessary edge for their PERM practice.

We welcome readers to share their opinion and ideas with us by writing to


Relief From Removal: A Definitive Manual For Winning Cases - Now Shipping

The following is the table of contents for this definitive work which is now being shipped:

  • Chapters: Removal proceedings; Grounds of deportability; Grounds of inadmissibility; Contesting removability; Adjustment of status; Waivers of inadmissibility and deportability in Removal proceedings; Section 212(c) and Cancellation of Removal for Lawful Permanent Residents; Cancellation and Suspension for Non-Permanent Resident Aliens; Asylum, Withholding of Removal and protection under the Convention Against Torture; Voluntary departure; Naturalization as a defense to Removal; Administrative review of Removal Orders; Judicial review of Removal Orders
  • 23 Appendices include: Sample cover letter and instructions for requesting a FBI criminal record check; Sample Motion to Suppress; Sample Motion to Dismiss; Sample Brief in Support of Motion to Terminate Removal Proceedings; Sample Motion to Terminate to Proceed on an Application for Naturalization Pursuant to 8 CFR 1239.2; Sample Notice of Appeal from a decision of an Immigration Judge; Sample Motion for Extension of Time to File Brief to BIA
  • CD-ROM has 600+ important documents including: key BIA & Federal cases, selected USCIS/ICE memos and DOS cables, forms from USCIS & EOIR, relevant regulatory sections from 8 CFR & 42 CFR, significant statutory provisions from the INA, 18 USC & 28 USC, Links to informative internet resources, etc.
For more info, and to order, please see here. For the fax order form, see here.


Consular Corner - November 2007
Liam Schwartz, Esq. presents the latest news from Consuls the world over.

Bloggings: November 29, 2007
Greg Siskind shares the latest entries to his blog.

To submit an Article for consideration, write to


USCIS Application And Receipting Update
USCIS issued a "Application and Receipting Update" reflecting data as of November 23, 2007


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Readers can share their professional announcements (100-words or fewer at no charge), email: Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Event - Washington, DC
"Guestworkers from Policy and Field Perspectives: Problems with the Solution". 8:30-10:00 a.m., Friday, November 30, 2007, Georgetown University Law Center, 600 New Jersey Ave., N.W., Washington, DC. Sponsored by the Institute for the Study of International Migration (ISIM). RSVP: Contact: Marwa Alkhairo,


Readers are welcome to share their comments, email: (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
I agree completely with Robert Gittelson's letter (11/29/07 ID), except for one detail. His letter states that the anti-illegal immigrant coalition is in favor of a pardon for border agents Ramos and Compean because its supporters regard shooting a Mexican drug dealer as a "victimless crime". I believe that Mr. Gittelson's letter's would have been more accurate as a description of the mentality of the pro-pardon lobby if the words "drug dealer" had been omitted. The same people who are screaming against "amnesty" for Mexican immigrants are only too willing to give "amnesty" to those who try to kill them. A pardon for the two border guards who were convicted of shooting an unarmed Mexican would send a powerful message that America is the land of open season on all Mexican immigrants, whether are not they sell drugs, and even whether or not they are here illegally.

Roger Algase, Esq.
New York, NY

Dear Editor:
"Permanent Protective Status" sounds like a good idea (see Good letter 11/28/07 ID). But we must overhaul our immigration laws by ending chain family immigration and replace it by more sensible skill based immigration, and we must put strict requirement that immigrants should be self sufficient without any welfare entitlements, young, healthy, speak English and of good moral characters. 10-20 millions undocumented immigrants can apply for 15 years legal status with reasonable fine and background check, adjustment to PR status is by merits and skills, no welfare entitlements. We need to have reasonable hassle free market based "guest worker" program. Foreign workers should be temporary and immediate relatives may be sponsored if they can guaratee them financially, adjustment to PR status is based on higher merits and skills.

Robert Yang

Dear Editor:
Semakweli's letter (ID 11/26/07) takes issue with my letter (ID 11/21/07) which critiqued "anti-immigrationist" and "homophobia" and opines my lettter's use of the "American Creed" is a euphemism for "the white race" used by Samuel Huntington whose "measured immigration" would allow "no Hispanics" legal or otherwise. Neither did my letter refer to Huntington nor any reference intended. It's a well established term connoting our founding principles defined by the Declaration of Independence and refined by our history. G.K. Chesterton (1874-1936) said, "America is the only nation in the world founded on a creed. One set forth "with theological lucidity in the Declaration of Independence" and he called America "a nation with the soul of a church." Martin Luther King's intoned in his I have a dream speech: "When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir." Lincoln also referred to the Declaration in his Gettysburg Address, "Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal." The ideas of the Declaration are the bedrock of the American Creed. It takes time and a process to inculcate future citizens in not only the civil and civic processes but in the essence of the Creed with its rule of law. That creed steeped in American history is quite unlike the neologisms "homophobia" and "anti-immigrationist." These two postmodern, politically correct flags seek political outcomes and have virtually no basis in American history. In fact, one of them is totally out of sync with the Natural Law foundation of the Declaration.

Bill Dillon
Shalimar, Fl

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 1995-2007 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