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Immigration Daily June 30, 2008
Previous Issues
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Doug Stump Wins, Pro Bono Attorneys And Mentors Needed

T. Douglas Stump, who ran by petition, was elected to the position of Secretary on the Executive Committee of AILA. This election to the highest elective body of AILA was contested, with two candidates nominated, and one running by petition.

Today, we have a special message for attorneys across the country, and especially those in Vancouver right now. The National Center for Refugee & Immigrant Children assists unaccompanied children in immigration proceedings. The Center is seeking pro bono attorneys at all levels of experience, and especially pro bono mentors. The Center provides pro bono attorneys an opportunity to make a difference at a critical juncture in a childs life, while also developing client advocacy, litigation, research and writing skills. See here to read about the pro bono experiences of attorneys who volunteered for the Center. Attorneys in Vancouver may want to stop by the ILW.COM booth to pick up a brochure about the Center's pro bono opportunities, a staff member from the Center will be at our booth to answer questions. For those not in Vancouver today, please see here to volunteer online.

(Disclosure: The Publisher of Immigration Daily and ILW.COM serves on the Board of Directors of the parent organization of the Center. Founded many years before WWII, the parent organization is the oldest non-profit in immigration in the United States, it is the US Committee for Refugees and Immigrants, formerly known as Immigration and Refugee Services of America, and before that as the American Committee for Nationalities Services.)

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


THE PERM BOOK, 2008-2009 Edition, Shipping Now

ILW.COM is pleased to announce THE PERM BOOK, 2008-2009 Edition is shipping now. The book outline is as follows:


A.  PERM Regulation
B.  Articles by PERM Writers

  • 656.1 Preparing PERM for 2nd and 3rd Preference by David Nachman and Ludmila Zimovcak
  • 656.3 SVP: Discrepancies between the O*Net and the DOT by Lori S. Melton
  • 656.3 The Method By Which the Bureau of Labor Statistics Converted the DOT Occupations into the OES Occupational Units or "Here's Another Nice Mess You've Got Us Into by Barbara Brandes
  • 656.10(a)-(c) The Basics of Labor Certification Under PERM : What You Need to Know Before You Start by Jeffrey Devore
  • 656.10(b) Rights and Obligations of Attorney and Agents Under PERM by Nancy-Jo Merritt
  • 656.10(c) Dangers in the Attestation Process by Ramon Carrion
  • 656.10(c)(10) What is "Permanent" and "Full-Time" Employment by Timothy Spridgeon
  • 656.10(d), (e) Deconstructing PERM Notice Requirements by Susan J. Cohen
  • 656.10(f) Preparation of PERM Recruitment Report and Supporting Documentation by Carl Shusterman and Alison Walters
  • 656.11 Is Employer "Substitution" Under PERM Dead? by Christian Allen
  • 656.12 Prohibition on Payment of Attorney's Fees by Paull Hejinian
  • 656.15(a)-(c) Step-by-Step for Schedule-A Applications by Sherry Neal
  • 656.15(d) Aliens of Exceptional Ability in the Performing Arts by Howard Kushner
  • 656.17(a)-(d) Filing, Withdrawing, Refiling, and Tracking PERM Cases by Katherine Lopez Ley and Davis Bae
  • 656.17(e)(1)(B)(1)(4) Professional and Trade Journals Under PERM by Nathan Waxman
  • 656.17(e)(1)(I) Regular Recruitment by Nancy-Jo Merritt
  • 656.17(e)(ii) PERM Labor Certification Professional Recruitment Steps by Edwin R. Rubin
  • 656.17(e)(l)(ii)(A) Note on Online Job Fairs by David Nachman
  • 656.17(g)(1) Regarding Recruitment Reports by Leon Wildes and David Lazaar
  • 656.17(g)(2) Ethics: What Do you Do When A Qualified US Worker Applies? by Blake Chisam
  • 656.17(h)(1) Business Necessity: "Necessary Arguments" by Sofia Zneimer
  • 656.17(h)(3) Combination of Occupations under PERM by Nathan Waxman
  • 656.17(h)(4)(ii) The Impact of PERM On Experience Gained on the Job and Alternative Experience by Nathan A. Waxman
  • 656.17(h) Requiring a Foreign Language under PERM by Cyrus D. Mehta
  • 656.17(i) Nuts & Bolts: Actual Minimum Requirements & Experience Gained on the Job by Rohit Turkhud
  • 656.17(i)(3) In-Job Experience: Why we Need it and How We Can Still Get it by Gary Endelman
  • 656.17(k) How Do Layoffs Affect PERM? by Margaret McCormick and Patricia Luna
  • 656.17(l) As If You Owned the PlaceAlien Influence and Control Over the Labor Certification Process by Robert E. Banta and Benjamin M. Lowe
  • 656.18 College and University Professors: A Hybrid Between Special Handling and PERM by Victoria Donoghue
  • 656.19 Domestic Workers: At Home and on the Range by Susan L. Brady
  • 656.20 How PERM Cases are Selected for Audit by Christina B. LaBrie
  • 656.20(c) Requesting Extensions of Time to Respond to Audit Requests by Jonathan Amdur and Susan Anderson
  • 656.24 The Who What When Where of Labor Certification Determination by Rebecca Sigmund
  • 656.24(b)(2)(i) What You Do After the Ads Have Been Run? Resumes, Interviews, and Results by Edwin R. Litwin
  • 656.26 Appeals/Requests For Review Under PERM by Joan Mathieu
  • 656.27 Preparing Requests for Review with BALCA by Mitchell L. Wexler and J. Ira Burkemper
  • 656.30-31 Fraud, Misrepresentation, Validity, Invalidation and Revocation by Richard Tasoff
  • 656.32 Revocation of Labor Certification by Michael Piston
  • 656.40-41 Prevailing Wage Determinations Under PERM by Lawrence Rudnick

C.  Editor's Comments to the PERM Rule


A.  Frequently Asked Questions (FAQ) by Lawrence Rudnick
B.  Summary of DOL PERM Stakeholders Meetings by Lorna Rogers Burgess
C.  Frequently Asked Questions


A.  The New 9089 PERM Form by Linda Rose
B.  What DOL told OMB about PERM by Jay Solomon
C.  New ETA Form 9089 and Instructions, Application for Permanent
     Employment Certification
D.  Old ETA Form 9089, Application for Permanent Employment Certification
E.  Old ETA Form 9089, Instructions
F.  Old ETA Form 9089 Electronic Filing Instructions
G.  ETA Form 750A
H.  ETA Form 750B
I.    ETA Form 750 A and B, Instructions
J.   ETA Form 9127, Foreign Labor Certification (FLC) Quarterly Activity Report


A.  Overview of PERM Cases
B.  Overall PERM Flow Chart
C.  Employer Checklist
D.  Alien Checklist
E.  Job Offer Checklist
F.  Attorney/Agent Checklist
G.  Prevailing Wage Preparation Checklist
H.  Prevailing Wage Quick Guide
I.   Recruitment Checklist
J.  Express SVP Checklist
K.  PERM Audit Checklist: 10 Important Points
L.  Real and Virtual PERM Addresses
M.  What do PERM and H-1B Visas Have in Common?
N.  Attorney Competency Self-Test
O.  Sample PERM Cases
  1. Job Zone Five, IT Director
  2. Job Zone Five, Economist
  3. Job Zone Four, Consultant, Foreign Law
  4. Job Zone Four, Accounting Coordinator
  5. Job Zone Three, Tile Installers Coordinator


A.  Introduction to BALCA by Joel Stewart
B.  BALCA PERM Quick Reference Guide by Joel Stewart
C.  BALCA En Banc Quick Reference Guide by Joel Stewart
D.  BALCA Hearing Procedures


A.  Introduction to Federal Court Litigation by Sam Udani
B.  Exhaustion of Administrative Review by Michael E. Piston
C.  Federal Court Litigation-PERM by David B. Pakula
D.  Sample Pleading by Michael E. Piston


A.  Prevailing Wage Survey & Overview by Jane Goldblum
B.  Wage Worksheet Simple Systems 1 by Jane Goldblum
C.  Wage Worksheet Simple Systems 2 by Jane Goldblum
D.  656.40 Perm Reg. Determination of PW
E.  656.41 Perm Reg. Certifying Officer Review of PW
F.  Prevailing Wage FAQ
G.  Appendix A By Alphabetical Order
H.  Appendix A By SOC Classification Order


A.  Alabama
B.  Alaska
C.  Arizona
D.  Arkansas
E.  California
F.  Colorado
G.  Connecticut
H.  Delaware
I.   District of Columbia
J.  Florida
K.  Georgia
L.  Guam
M.  Hawaii
N.  Idaho
O.  Illinois
P.  Indiana
Q.  Iowa
R.  Kansas
S.  Kentucky
T.  Louisiana
U.  Maine
V.  Maryland
W. Massachusetts
X.  Michigan
Y.  Minnesota
Z.  Mississippi
AA.  Missouri
BB.  Montana
CC.  Nebraska
DD.  Nevada
EE.  New Hampshire
FF.   New Jersey
GG.  New Mexico
HH.  New York
II.     North Carolina
JJ.    North Dakota
KK.  Ohio
LL.   Oklahoma
MM. Oregon
NN.  Pennsylvania
OO.  Puerto Rico
PP.  Rhode Island
QQ.  South Carolina
RR.  South Dakota
SS.  Tennessee
TT.   Texas
UU.  Utah
VV.  Vermont
WW. Virgin Islands
XX.    Virginia
YY.   Washington
ZZ.    West Virginia
AAA. Wisconsin
BBB. Wyoming


A.  SOC Structure
B.  SOC Definitions
C.  SOC 2006 Changes
D.  Background On Development Of Appendix A
E.  Stratifying Occupational Units By SVP
F.  NAICS 2002 Codes And Titles
G.  NAICS Codes And Titles - 2007 Revisions
H.  Latest OES Wage Data - MDB file
I.   2008 OES Wage Data Structure
J.  Latest OES Wage Data - Statistical Area Definitions
K.  Appendix A By Alphabetical Order
L.  Appendix A By SOC Classification Order
M.  Darby v. Cisneros
N.  Lawyers Guide To 212(a)(5)(A) By Gary Endelman
O.  BALCA Hearing Procedures
P.  BALCA En Banc Cases From 1987
Q.  Occupational Projections And Training Data
R.  Occupational Outlook Handbook
S.  Federal Register Notices On PERM
T.  Prevailing Wage Determination Policy Guidance
U.  What DOL Told OMB About PERM By Jay Solomon
V.  ETA Forms Old And New
  1. New ETA Form 9089 and Instructions, Application for Permanent Employment Certification
  2. Old ETA Form 9089, Application for Permanent Employment Certification
  3. Old ETA Form 9089, Instructions
  4. Old ETA Form 9089 Electronic Filing Instructions
  5. ETA Form 750A
  6. ETA Form 750B
  7. ETA Form 750 A and B, Instructions

For more info or to place your order, please see here. For the fax document, see here.


Fragomen Statement On DOL Audit
Fragomen, Del Rey, Bernsen and Loewy issued an Update on DOL Audits saying "Fragomen is in active discussions with the Department regarding an agreement to release cases from audit and have cases return to the normal processing queue."


Help Wanted: Immigration Paralegals
Ridgewood, NJ - Nachman & Associates, PC seeks Senior Immigration Paralegals and a U.S. Office Manager. For the Senior Immigration Paralegal position qualified candidates must have 3+ years of heavy business immigration experience. Senior Paralegal position requires direct client contact, strong communication skills, detail orientation, organizational skills, ability to meet deadlines, interpersonal skills, team-mindedness, customer service skills, PC skills, multi-tasking, and work under pressure. The U.S. Office Manager position will manage the paralegal staff and be responsible for running the U.S. offices. Candidate must possess 2+ yrs of management experience in a law firm and handle: employee orientation, vendors, compliance with firm policies, employee relations, organizing team meetings, and management of work flow and assignments, preparation of engagement letters, A/R and A/P, respond to clients, manage calendar of events. BA preferred. E-mail resume and salary requirement to specifying position in subject line. EOE.

Help Wanted: Immigration Professional
Secaucus, NJ - Ernst & Young LLP seeks Inbound Visa & Immigration Coordinator who will be responsible for the firm's J-1 exchange training program. This process includes reviewing and assessing all incoming requests, ensuring all participants meet Department of State requirements, processing visa forms and fees, ensuring all proper documents are collected in each file, monitor all J-1 cases from start to finish, updating SEVIS system on a weekly basis, follow-up with J-1 participants on work location changes and address changes. Coordinate H-1B, L-1, TN, E-3 and green cards processes with outside immigration counsel, counsel international business travelers on work permit/visa requirements, assist HR/Recruiting community that involves immigration sponsorship, and assess impact emerging legislation on our business. Bachelor's degree, equivalent work experience, 2+ years of business immigration experience, international exposure & cultural awareness a plus, experience working with government agencies, foreign embassies and outside counsel, knowledge of HR issues, strong verbal and written communication skills, organizational skills, attention to detail and sensitivity to timing, ability to work in a fast pace environment and support client-vendor relationships, good judgment and analytical skills. For more info and to apply online enter the job number 00IX6 here or email resume with cover letter to

Help Wanted: Immigration Paralegal
Madison, WI - Quarles & Brady LLP, a national law firm, seeks experienced immigration legal assistant/paralegal. Candidates should have a Bachelor's degree and experience preparing H-1B, L-1, TN & Labor Certification cases. Additional experience a plus. Must have good writing skills, strong academic background, and appreciation for other cultures and peoples. Quarles & Brady LLP offers a competitive salary and benefit package, in a congenial work environment located in downtown Madison. For immediate, confidential consideration, please fax or email a cover letter including a resume to: Quarles & Brady LLP (414) 277-5239 or

Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom has a 99% customer retention rate. Use our forms with peace of mind - 800+ updated within 24 hours of any new release, no patches or downloads. E-File 20+ forms. Access your firm's online database anywhere you have internet access. Client relationship management tools, practice management tools, group calendaring, emails, notes, reports, invoices, auto email alerts and reminders, document storage and assembly. A library of customizable questionnaires, letters and email templates included. Online access for clients to check case status included. Compliancy modules: I9, LCA, AR 11, PERM. Optional services: credit card processing, Outlook & QuickBooks integration. One-time data entry and auto population into all documents will save you time and reduce errors. Customizable to support solo practitioners, mid-large law firms & corporations. We teach you how to customize the software to fit your processes and communication needs. Founded in 1999, INSZoom is a profitable, financially sound company, employing 80+ engineers and 11 sales and support staff. INSZoom is the "world's largest immigration software company", built with flexible modules that allow you to manage and control technology. To schedule a complimentary online demo, call 925-244-0600 or email

Expert Witness Services
Are you involved in litigation requiring an expert witness with a sophisticated knowledge of immigration law and agency practice? Look no further. Angelo Paparelli offers his services as expert witness. His litigation experience includes business, tax, employment, personal injury and family disputes as well as criminal-defense. Angelo has twice been named by his peers as the world's leading authority on corporate immigration and received the AILA President's Award for his work in mergers and acquisitions. Offices in CA, NY & MD; Services: worldwide. To discuss how we can assist you with your case, contact Angelo Paparelli at 949-955-5555 or


Latino leaders hear Senate Democrat blast John McCain on immigration
"Sen. McCain has gone so far as to announce in the Republican debates that he would vote against his own bill. His new position on immigration is so divisive and wrongheaded that it has won him the endorsement of Tom Tancredo."

Labor Audit Frustrates Companies
Some of the nation's biggest companies are expected to face delays in securing green cards for some foreign workers due to a Labor Department audit that has sparked anger in legal and business circles.


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:
The letter of Gregory Pesho (06/27/08 ID) unfairly criticizes Immigration Daily's (ID) recent editorials about the mess DOL has created with the new PERM form and approach. Mr. Pesho seems to take the position that since ID is an employer, and since ID takes the position that, "It would be a great surprise to find a US employer who can evaluate the applications at all without competent attorney guidance at every stage of the evaluation (if there exists a US employer who understands what "minimally qualified" means without benefit of counsel, please step forward for your applause).", therefore, as an employer, ID is incapable of having expert knowledge about the PERM system. That's nothing but pure convoluted self-aggrandizing poppycock, which carried to its extreme would mean my law firm, as an employer, would be unable to make a cogent decision as to the interpretation of the confusing language of PERM. Notwithstanding Mr. Pesho's accusation that ID is "wildly out of touch", much to the contrary, from PERM's inception through the latest developments ID has shown and delivered top-notch analysis and information about the PERM process and has accurately commented on the current DOL fiasco. Thanks to ID for keeping immigration practitioners informed and up-to-date about issues concerning the immigration system and for providing a convenient vehicle for sharing opinions and intelligent immigration debate.

David D. Murray, Esq.,
Newport Beach, CA

Dear Editor:
Ruth Stadnick's letter's proposal (ID 06/27/08) to put a 7 year "statute of limitations" on illegal immigration, looks, smells and sounds a great deal like the 1986 amnesty. For many ID readers, this would be the kiss of death, as so much of America has been brainwashed by Lou Dobbs to equate amnesty with genocide, terrorism, global warming, peak oil, tsunamis, meteor strikes or a bird flu epidemic. More than a few ID letters have been so opposed to amnesty that they give the impression that all of the above events put together would do less harm than allowing one single illegal Mexican to gain legal status, let alone, even worse, letting anyone who speaks Spanish come here legally. However, having represented a few 1986 amnesty applicants, I can report that not a single one whom I met had the slightest wish to break up America, destroy western culture, denigrate the white race, "take back" the Southwest, commit a crime, live off welfare, or do any of the other things that the fevered imaginations of the Patrick Buchanans, Tom Tancredos, Samuel Huntingtons, Lou Dobbs's or numerous other demagogues who have achieved fame and fortune by peddling hate would attribute to them. Instead, all they wanted to do was work hard and live normal lives, something that, once upon a time, when most immigrants were white, was not only considered acceptable, but praiseworthy, by the American public. We need another 1986 amnesty, and we need it right away.

Roger Algase, Esq.
New York NY

Dear Editor:
Re Ruth Stadnik' letter (o6/27/08), entire industries of carpenters, electricians, plumbers of u.s. citizenship were replaced by competing with illegals. So, it is now that an honest days work equates to the pay scale of a third world country, a county in poverty. The unity America had in 1941 was a unit that is unparalled in human history. If a war broke out similair as it did in 1941, the u.s. could not win that war because of lack of public confidence. Those whom the letter refers never did compete on an equal level. Businessmen in the u.s. have eliminated their employees because they cannot pay the high taxes that those the letter niavely presupposes are competing on equal footing. There never was any competetion on equal footing and there never will be. Once the plan of making illegals become citizens by being here seven years, will trigger a mass invasion by hundreds of millions of like persons. No civilization has ever made law and order from choas, disunity, division and strife. What, rather, one must have historically is civil war where there are no rights or wrongs. The great contributions of universitites, parks, libraries, hospitals, by those who prospered and shared in the American dream, stopped when Federal Income tax became greater than 2% as it was initially. America will never be great again. During the 1940's before the outbreak of WW2, all Americans were united and behind our own people. Today is a day of calamity, division and strife and letter's dream cannot take vision in the scope of reality. The suggestion is a political joke. The historians that write our history would entitle todays senerio as 'the fall of the great nation.'

david utterback

Dear Editor:
I have never personally met a "openly radical Atzlaner", but lately I run into "mouth frothers" with disturbing frequency. Without ability to form opinions based on facts, they swallow Dobb's, Buchanan and Numbers USA propaganda. "Xeno's" lack the ability to identify the underlying cause's of this wave of economic migrants. Without the ability to absorb the complex and multiple causes of the current immigration problems, Xeno's offer nothing but simplistic ineffective solutions. Consumed and driven by fear of "ethnic diversity" openly radical Xeno's support an extreme, expensive and unwarranted expansion of government. These fanatics are so easily confused they cannot discern a middle eastern terrorist from a Mexican gardner. (hint the guys who speaks Spanish and is carrying the rake is not the terrorist. If that doesn't convince you hold off on the torture, a quick game of baseball should clear up any further suspicions) Call me crazy, but I revere the Constitution which I swore to support and defend therefore I take issue with extreme Police tactics like raiding work places. I prefer not to live in a modern day recreation of nazi Germany. It is in fact a Gestapo tactic to line everyone up against the wall by race or family orgin. 287g "checkpoints" demanding to "see the papers", wiretapping calls placed by US Citizens to overseas, and local "hotlines" to report an alien sighting should be warning signs to anyone with even a cursory knowledge of world history. Enforcement only "fanatics" are turning America into an ugly place to be.

Janet Fitzgerald

Dear Editor:
Ref all the letters about aliens having a negative effect on our economy. Various sources, such as the Texas Comptroller, various economists, newspaper articles, etc. have done exhaustive studies proving that the aliens have a very positive effect on our economy. Almost every day, you read articles where farmers and many employers will be negatively affected because they can't get workers. Everyone warns that prices on farm products will increase because of the labor shortage. Yet, Immigration Daily posters keep on complaining how aliens are using up our resources over and over. Hello someone! Would you alien haters please come up with something else? How 'bout something just as ignorant like 'using up our air'?


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- 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