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Immigration Daily

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Immigration Daily July 22, 2008
Previous Issues
The unmatched news resource for legal professionals. Free! Join 17,000+ readers


32000 Subscribers

We are pleased to report that the number of subscribers to Immigration Daily has crossed 32,000. This is pursuant to our series of reports to our readers after our merger with Immigrants Weekly. These reports will shortly conclude.

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.


An Open Letter To USCIS On Ability Of TPS Grantees To Adjust Status In The US
Barbara J. Brandes writes "I am writing to you to obtain an advisory opinion or clarification regarding the ability of those in valid TPS status to adjust their status in the US."

A Property Rights Parable For City Dwellers
Richard Pombo and Joseph Farah for the Foundation for Economic Education write "While admittedly a composite of government abuses and environmental horror stories, misfortunes very similar to those sketched above have actually happened to residents of western states."

To submit an Article for consideration, write to


DOS Interim Final Rule Eliminates Board Of Appellate Review
DOS published an interim final rule eliminating the Department's Board of Appellate Review (L/BAR), which had been authorized to review certain Department determinations, in particular those related to loss of citizenship and passport denials.

USCIS Ombudsman Recommendation Chart
The office of USCIS Ombudsman released a chart summarizing Ombudsman's formal recommendations and USCIS reponses.


Help Wanted: Immigration Paralegals
Washington, DC - Maggio & Kattar, P.C. , a fast-paced nationally recognized immigration law firm seeks highly motivated, detail-oriented individuals for entry-level paralegal positions. Strong organizational, writing & interpersonal skills a must. Great opportunity for individual interested in challenging, exciting work with international clientele; excellent career advancement possibilities and work environment. Competitive salary and benefits. Send: resume, writing sample, salary history and references to:, reference: Paralegal position.

Help Wanted: Immigration Attorney
New York, NY - Pollack, Pollack, Isaac & DeCicco, LLP., a small downtown firm seeks experienced immigration attorney in litigation and/or corporate immigration law. E-mail resume, and salary requirements to legal administrator at

Help Wanted: Immigration Paralegal
New York, NY - Klasko, Rulon, Stock & Seltzer, LLP, a nationally-known immigration law firm, has an opening for an experienced immigration paralegal. This position will handle employment-based immigration matters for universities, hospitals, research organizations and corporations. Our firm provides paralegals with a collegial atmosphere with high professional standards. Excellent academic credentials at a minimum of a Bachelor's degree level; strong verbal, written and organizational skills; and computer literacy required for this position. Successful paralegal candidates should have at least 3 years of employment-based immigration experience. Fax resume and salary history/requirements to (215)-825-8699 or E-mail:

Help Wanted: Immigration Paralegals
Reston, VA - Law Offices of Rakesh Mehrotra has immediate openings for senior and junior immigration paralegals/adminitrative assistants for busy Immigration practice. Candidates must have experience in business immigration law, including preparation of H-1B, L-1, TN, O-1 and E-1/E-2 visa petitions and labor certification cases. Responsibilities include the preparation and filing of business and employment-related immigration documentation. Senior paralegals will supervise and mentor junior paralegals. Qualified candidates must have excellent organizational skills, attention to detail, accuracy and consistency. Excellent written and oral communication skills and bachelor's degree required. Junior paralegal position requires 2+ years of experience and Senior paralegal position requires 5+ years of experience. Competitive salary and benefits offered. Very congenial work environment with opportunity for professional growth. Send cover letter, resume and salary requirements to

Position Sought
Experienced immigration specialist/paralegal seeks immigration contract work for law firms on a telecommute basis. Possess 10+ years experience in law firm environment and corporate environment managing the immigration department with primary responsibility for all phases of immigration processing and administration. Provides a wide range of immigration support services to immigration attorneys including, but not limited to: preparation of all IV and NIV documents and support letters (B, H, E, L, TN, O, P, PERM and PR), article and newsletter drafting, onsite I-9 and Public Access File auditing services to arrange corporate compliance with labor and immigration regulations, and coordinating visa applications requiring host-country filings. Resume, writing sample, and references available upon request. Email:

Help Wanted: Immigration Attorney
Salt Lake City, UT - Alcala Immigration Law Firm seeks an immigration attorney. Two years experience in immigration law preferred. Candidate must possess strong writing, analytical, organizational, and case management skills. Applicant must be fluent in Spanish. We offer an excellent compensation and benefits package. Please e-mail cover letter, resume, references, writing sample, and salary history to:

Credential Evaluation
Specializing in difficult cases NOIDs, Denials, RFEs. Foreign credential education evaluation for I140 / H1b / Green Card etc. Career Consulting International ( Free detailed review of all NOIDS, Denials, RFEs. No charge rush service for readers of ILW.COM on all evaluations - standard or difficult cases. Read what our clients say. Here is just one: " ... Hi Sheila Danzig, At last we succeeded! My I140 was approved today. I really appreciate you on this. You did an Excellent Job. Your Evaluation did magic (with 3 year degree). You are great. I appreciate your Help. Thank you very much Sheila. You are the best." No case too small. For a free consultation or detailed review call today: 1.800.771.4723.

Border And Consular Assistance
For visa application processing at US-Canada border or at US Consulate in Montreal, Toronto, Ottawa and/or Quebec, please contact Charles J. Leamy at Ogilvy Renault LLP. Mr. Leamy is a Montreal-based AILA member with more than 15 years experience in U.S. immigration law. Ogilvy Renault s Business Immigration team will accompany your client and provide representation at border/consular posts. We have wide-ranging expertise with border/consular issues including all TN visas, L visas and waiver of inadmissibility cases. For more information: Charles J. Leamy at Ogilvy Renault LLP; Montreal, QC; (514) 847-6103;


The US Conference Of Mayors: Adopted Resolution On Comprehensive Immigration Reform
Calling for comprehensive immigration reform which promotes the reunification of families, provides legal status with a path to earned citizenship, and a plan for current and future immigrant workers.

Out Of Public Limelight, US War On Immigrants Intensifies
These ongoing war on immigrants explains why Obama already has nearly a forty point lead on McCain among Latinos, and why he and fellow Democrats will likely get an historic 70% of the Latino vote in November.


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.

New Appointment
Migration Policy Institute is pleased to announce that James W. Ziglar, who served as the last Commissioner of the Immigration and Naturalization Service and has had a distinguished career in the private and public sectors, is joining the Migration Policy Institute as a Senior Fellow. Mr. Ziglar, who has more than 40 years experience in management, finance, law, and public policy, will join MPI next month. For more info, see here:


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:
Ken Roberts' letter (07/21/2008 ID) claims that Missouri having their driver's license test only in English will "Among other things protect their citizens." Will someone please explain what "other things" and how a driver's license test in English protects anyone? Driver's license tests test knowledge of driving rules and procedures, not the ability to read and comprehend English. I often drive in Mexico and Germany, but I don't speak Spanish or German. Foreign tourists drive in the US on their foreign licenses and may not speak English. America is a melting pot of ethnicities and languages. As such, it is natural some newly arrived immigrants may not be fluent in English. Although they may be able to speak well enough conversationally, to read and interpret test questions, especially the nonsense on drivers license tests, may be very difficult, even if they have studied and know the answers. There simply is no nexus between English language driver license tests and the protection of American citizens, in Missouri or elsewhere. Ken Roberts' letter also belittles Roger Algase letter (07/15/2008 ID) for mentioning that Barak Obama had suggested that American children should learn Spanish. Just why should not Americans learn other languages? Especially Spanish, the language of our adjacent southern neighbor, whose culture is inextricably interwoven into ours. The United States does not have a national language mandated by law, as do some countries like Philippines and India whose statutory official language is English. The last I heard, only 28 states in the US had a state law mandating English the official state language. But language should not be the key to accepting immigrants. Understanding and tolerance go a lot further in protecting the citizenry than do discrimination and loathing, and laws that pit "us against them," only harms the homogeneous society.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
How does one go about applying for these jobs? (07/18/08 ID Comment) What is the USCIS looking for in it's hires?


Dear Editor:
Taking up where my letter (07/21/08 ID) left off, someone may point out that the early 1990's AA-1 visa lottery that gave away green cards to so many Irish and other European illegal aliens only lasted a couple of years. Then it was replaced by a more equitable lottery, still with us, known as DV-1. This lottery is open to everyone from a low immigration country and is closed to people from high immigration countries. Therefore "No Way, Jose" and "No Irish Need Apply" are both now in effect, but a lot of people from Africa, Southeast Asia, etc., have received green cards from this program over the years. So where is the pro-European discrimination that my last letter complained about? The difference is that in the mainly white AA-1 lottery, there were automatic waivers of the bars for immigration fraud and for having been deported. Also, in those days, there was no bar for "unlawful presence". Therefore, no matter how big a lie someone had told to get into the US, no matter how often someone had been deported, and no matter how long someone had been here illegally, anyone whose name was picked was still handed a green card on a silver platter. In the current DV-1 lottery, all of these bars apply, so, unlike the AA-1, it cannot be called an amnesty in any sense. Still, restrictionists want to abolish even this much tougher, but fairer program (no pun intended). This is why my last letter mentioned the "luck" of the Irish.


Dear Editor:
Who must pay Americans who can't compete with "illegals" and foreigners in general, Mr. Utterback's letter (07/21/08 ID) asked. My answer is nobody. Why any Americans must expect others and governments to be their nannies? Ones must empower themselves to win the competition not asking their politicians to create protectionist and unfair laws to prevent any kind of competition, establishing monopolies and limiting consumers choices in general. Everybody live here in the USA, including illegal immigrants pay taxes in some forms through consumption, property, gas, tolls, income, lotteries, cigarettes and alcohol etc taxes and fees, and those who benefit and pardon me, abuse the welfare system paid by tax payers are absolutely those who posses legal immigration statuses and US citizens, real valid state IDs plus genuine social security numbers not Diego or Jose who just jumped over the border fence. Period. Restrictionists must stop this shameful baseless absurd propaganda on immigrants and start to get a life, go to schools, learn new skills and more foreign languages to survive the global competition. Zero immigration and complete US isolation don't mean there won't be any competition at all. These loser folks may keep dreaming on an on, and I will never be tired to show them these blunt and pardon me, hurtful inconvenient truth over and over again.

Robert Yang

Dear Editor:
Regarding Robert Yang's letter (07/21/08 ID): All men being created equal is true, but that does not apply to illegals. That means among Americans we're all equal under the law, by race, but that does not supersede the law. Illegal means illegal, against the law. The United States believes in competition, not illegal competition. That's not competition. The rights to survive, pursue happiness, prosperity and freedom are for Americans in America. Illegals take away these rights. You will find thru elections, that Americans own America. The rich now are losing their banks, their businesses, their profits. They have historically done this before to their dismay. Wait until another 40 million illegals come in a take your jobs. What you have stolen from Americans you will repay for heavily. Your kids in our schools will pay the taxes for the Americans who lost their ability to work, to save, as they will become a public burden thru no fault of their own. Your children, your grandchildren will have to repays thru low wages and high taxes the public burdens you have incurred upon Americans. Your grandchildren, you children, who watched you steal America, will yell at you as it is they, who shall have to pay back thru high taxes the aging Americans who strived honestly under the American work ethic to care for themselves, but were cheated by having to pay the illegals way. Its just plain, common sense economics. If you think you're competing against Americans who pay taxes to uphold a welfare state, then when they're gone, retired, too old to work, you shall care for them wheter you like it or not. Your income checks will have taxes withheld before you get it and the damage you've done will cause you to work 9 of 12 months for taxes. You lose.

David Utterback

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