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Immigration Daily

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Immigration Daily August 6, 2008
Previous Issues
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Glaring Error

Seattle Times reports "A University of Idaho researcher who worked on bioterrorism defenses faces deportation to Poland after being denied residency by U.S. immigration officials. Katarzyna Dziewanowska was recruited by the university and worked 14 years but was told to stop in the spring of 2005 because of the immigration mess... In the fall of 2004 her application for a permit was rejected because she had submitted a profile photo rather than a face-forward one as required under new rules. She sent a face-forward photo, but that was rejected because officials said it included glare on one lens of her glasses. In a letter in September 2004, immigration officials wrote, 'There is no appeal to this decision.' "

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.


What's In A Surname? Plenty, If You're Planning An Amnesty
Allan Wall writes "In a short time, the government would attempt to legalize millions of Hispanic illegal aliens, from various countries, utilizing a dual surname system that most Americans, including many journalists and bureaucrats, don't even understand. "

To submit an Article for consideration, write to


CRS On Mexico-US Relations
The Congressional Research Service issued a report examining Congressional issues on the bilateral relationship between Mexico-US.


Help Wanted: Immigration Paralegals
Reston, VA - Feeling undervalued? Goel & Anderson, LLC, seeks experienced business immigration paralegals to provide professional services to its clientele, composed of Fortune 1000 corporations and leading multinational firms. Our compensation and benefits package is commensurate with top-tier law firms, with no billable hour requirement. We offer family-friendly work hours (with little/no OT required), attorneys who are easy to work with, business-casual dress policy, fully paid health/dental/vision insurance premiums, 401(K) plan with generous match, free parking, and occasional additional perks (this year, our entire staff, along with spouses/significant others, was treated to a paid vacation at the Atlantis resort in the Bahamas). Ideal candidates will have 4-6 years of experience as a business immigration paralegal with a top tier law firm or in-house corporate immigration team, coupled with undergraduate degree, excellent organizational and communication skills (both written and oral), and ability to work independently. Please apply with resume, cover letter, + salary req. to or fax to (703) 796-9232. All submissions kept confidential. No phone calls please.

Help Wanted: Immigration Paralegal
New York, NY - A downtown Manhattan immigration law office seeks associate/senior paralegal. Prepare NIV & IV/consular applications. Experience with O-1 visas for artists preferred. Handle billing, calendar deadlines, client queries. Good writing skills essential. Use ImmPro, Access, Excel. Must be able to multi-task. Own office. P/T possible. Japanese language skills a plus. Email resume to

Help Wanted: Immigration Paralegal
Los Angeles, CA - Stone & Grzegorek LLP, an immigration law firm in downtown LA, seeks an experienced Paralegal. Candidates should have 5+ years experience in immigration practice. The position requires attention to detail and a team work ethic. Stone & Grzegorek LLP offers work in a pleasant environment with a supportive team and excellent compensation and benefits plan. Please submit your resume to

Help Wanted: Immigration Attorney
San Bernardino, CA - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney for the position of Associate Regional Counsel, USCIS OCC, Western Region. Responsibilities include, but are not limited to, serving as an attorney providing on-site legal advice to the local District Office USCIS personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security, providing litigation support to U.S. Attorneys' Offices on cases arising from local District adjudications, consulting with USCIS; responding to inquiries from the private sector; providing legal opinions on cases involving criminal aliens; and preparing USCIS' brief to the BIA on visa petition appeals. J.D. degree, active bar membership, and 2+ years of post J.D. experience required. Immigration law experience, background in federal litigation, excellent academic record, and strong writing skills preferred. For full details enter COU-CIS-2008-0008 here. Applicants must submit (1) resume , (2) writing sample (10 pps. max), (3) references, (4) cover letter to All submissions must be received by close of business on August 8, 2008. GS-13/14/15, position open until filled. No relocation allowance offered.

Help Wanted: Immigration Attorney
Dallas, TX - USCIS Office of the Chief Counsel (OCC) seeks an experienced attorney for the position of Service Center Counsel at the Texas Service Center. Responsibilities include, but are not limited to, providing legal advice to the TSC personnel on issues involving immigration related adjudications, inadmissibility and deportability grounds, and national security, writing visa appeal briefs and providing litigation support to the U.S. Attorney's office on cases arising from Service Center adjudications. Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction) and have at least one year of post J.D. experience and be a US citizen. Need to complete a background security investigation before being appointed. For full details enter COU-CIS-2008-0007 here. Applicants must submit (1) resume , (2) writing sample (10 pps. max), (3) references, (4) cover letter to All submissions must be received by close of business on August 8, 2008. GS-13-15, position open until filled. No relocation allowance offered.

Help Wanted: Immigration Paralegal
San Francisco, CA - Weaver Schlenger & Mazel, a nationally respected immigration law firm, seeks senior immigration paralegal. 4+ years of employment based immigration experience and excellent verbal, written and organizational skills required. Collegial atmosphere, 401k, health and dental. Opportunity to work directly with partners and train junior paralegal staff on sophisticated corporate and research institution cases. Send cover letter and resume to: or fax to: (415) 395-9372. No phone calls please.

Case Management Technology
What do Robert Banta, Ron Gotcher, Angelo Paparelli, Wolfsdorf Law Group and dozens of others have in common? They tried our online competitors but switched to ImmigrationTracker. With easy screens, reliable immigration content, helpful US-based support teams -- Tracker has what you need, including the only proven choice of in-office or web-based product lines. Even our prices make us a better value. Contact us today to see why everyone is switching. Reserve your private demo: Call 1-888-466-8757 ext. 278 or email

PERM Services
At Jon Byk Advertising, Inc., we provide a wide range of services that will help fulfill your PERM recruitment requirements quickly, cost-effectively, and efficiently. With 15+ years of experience working with one of the nation's largest immigration law firms, our customer service is unparalleled. We understand the importance of meeting DOL requirements with regards to ad content, media selection, ad documentation (tear-sheets), and deadlines. We will locate publications that meet DOL and EDD requirements by geographic region, provide upfront pricing, and timely deliver original tear-sheets for all ads (print, online or broadcast). Our experience in recruitment solutions means valuable time saved for you. For more info and a free quote, contact Mya Le at 310-476-3012 or


Justice Denied In Postville Immigrant Raid
Pray that you never need an advocate as much as those caught up in the Agriprocessors immigration raid in Postville, Iowa.

The Three Amigos
Both Republican Party Presidential candidate John McCain and Democrat Party Presidential candidate Barack Obama recently spoke at the annual convention of the National Council of La Raza.

Illegal Immigrants, Please Go Away
The federal government has tried almost everything in its various bids to get undocumented immigrants out of the country.

Immigration: No Match, No Justice
The Bush Administration is forcing government contractors to verify the status of their work force with the flawed system.


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 Book
"Citizenship: The Rise and Fall of a Modern Concept " by Andreas Fahrmeir, Yale University Press, 320 pp., ISBN: 0300118481, $60.00


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:
Since Jim Roberts' letters have devoted so much space recently to warning about the alleged danger America faces of being taken over by Aztlan, I decided to follow his latest letter's suggestion (08/05/08 ID) and I visited Aztlan's website. I scrolled down through a number of articles on the site, but I did not find anything remotely connected with the idea of "taking back" even a single inch of US territory to return to Mexico. What I did find, however, were a number of virulently anti-Semitic articles, including one that purported to be a quote from the French foreign minister alleging that all the world's troubles were due to Israel. I would have thought that Mexican immigrants in this country, especially those here illegally, might have had more immediate problems to worry about, such as being rounded up, jailed in inhuman conditions, summarily deported, having their families broken up, or being shot at the border. However, it seems that Aztlan's website is equally worried about whether the Palestinians are getting a fair shake or whether the "Zionist police" in Jerusalem are using too much force against ultra-orthodox, anti-Israel Jews. At this rate, it would be no surprise if Aztlan one day decided to run an article purporting to show that the notorious anti-Semitic "Protocols" forgery is really "genuine". If so, Aztlan would be in good company - together with Jim Roberts' many letters upholding the same myth.

Roger Algase, Esq.
New York, NY

Dear Editor:
Regarding John Kelly's letter (08/05/08 ID): Malkin and Edward are the first passports we should throw in the shredder and make them try to "prove" citizenship. These programs that create monumental government agencies at taxpayer expense are not "conservative", nor are they practical, but true to form they are mean spirited. I certainly do not wish to hand over the decision of if my children are bestowed with citizenship to a poorly trained civil servant. What if I needed to get my kids passport and take him on vacation with me before he was 8 years old? The State Department can't keep up with the current demand of a mere 3% of the American traveling public. The letter argues for creating an entire new way for the government to intervene in our lives. Or is this is another one of those programs "private industry" might handle better than government could? Don't tell me let me guess what company might get the contract... does it begin with an H? By the way I am writing a new book it should be out any now, I just have to think up a title, maybe..... "big brother = big government = big deficit, the tyranny of GOP lobbyists".

Frank Walters

Dear Editor:
Jim Roberts' latest letter (08/05/08 ID) about the fascist Aztlan movement is factually accurate, but needs some perspective. Simply because people claim to have many supporters and worm their way into teachers' lounges does not mean they are a real threat. The Aztlaners did have some minor success at influencing high school curricula and ensconcing themselves at some trendy liberal arts and social science faculties. That's about it. Given Hispanics' even lesser attachments to the various nations they or their recent ancestors happily abandoned, a serious secessionist threat by the Aztlaners is even less likely than a black nationalist takeover of anything of significance, East St. Louis, Oakland and Jersey City included. We should treat the Aztlaners as just another bad hang-over from the 1960s, seriously dated and rapidly dissipating even as it's views become better propagated in the Internet age. Stateside fundraising for even the IRA, the Tamil Tigers and Hizb'Allah remains tiny and is dwindling - and those guys actually commit the occasional vicious act and electoral victory in their homelands that tends to attract international support from revolutionaries with return air tickets. One will be happier and more correct ridiculing them instead of fearing them. And, since some writers seem to care and for the record, no, I am not a member of any protected group unless you want to consider some genes left behind by Medieval Asiatic rapists pillaging their way across Central Europe - no doubt merely "acting out" against "Western imperialist oppression", "racist immigration policies" or some such progressive grievance, but I am an immigrant married to a legal alien and I share the preference for a lot more legal immigration by PhD.s and engineers, spread more evenly across the globe than the de facto preference for Mexico.

Honza Prchal

Dear Editor:
Regarding Roger Algase, Esq.'s letter: Enough already with ancient history recounts of previous waves of immigrants who happened to have arrived in a legal, orderly fashion. One should be proud of that fact, and should be indignantly offended by those who now feel it their "human right" to leave their countries, pay unknown amounts of money to people they know are not US government officials responsible for approving their entry, then get into the country and demand their "human and Constitutional rights" to even petition the US government for "redress of their grievances" of being arrested and removed from the country for being illegal aliens. I am married to a citizen of Mexico whose siblings are now on a waiting list for legal permanent residency, and all of whom are consciously remaining in Mexico, studiously avoiding any temptation to risk entering the US illegally, or remaining beyond any lawful period of stay granted by competent US authorities at a Port-of-Entry, as they agreed to do upon being granted visas for "temporary stays in the US for business or pleasure". I will always refer to myself as a true "law-abiding US citizen", lawful immigrant, US military veteran who simply expects that anyone wanted to participate in this grand experiment in this "Nation of Immigrants" do so in a lawful manner. Those who feel the present immigration system is "broken" should petition, pressure, demand that Congress change the system before you encourage the unlawful behavior of those who decided that they could not wait for Congress to perform its Constitutional duty to "fix the broken system". Using the system is the way we distinguish the US from the various lawless, banana republics.

Jimmy Smith
Brunswick, GA

Dear Editor:
Regarding yesterdays Comment and Letters (8/5/08 ID): While ID's Comment may seem to be Double Jeopardy, referencing a previous crime in relation to entry law is a separate crime, thus the 5th Amd. preclusion of being tried twice for the same offense would not apply. The problem with the R. Algase letter denial of not being "anti-white" is that the letter is not defending non-whites when making frequent, disparaging and direct comments against whites and is not immune to the prejudice charge. The letters' continual, myopic comments on restrictionists of "prejudice" are wrong as many other valid motives exist to limit entry to which even the letter now pays "lip service", the sincerity of which is in doubt as the letter states that the "waves" will continue and can't be stopped. Unlike King Canute who was demonstrating the superior forces of nature, restrictionists do not believe entry can't be limited with a resolve of firm enforcement which is not "persecution". It is clear that the F. Walters letter accepts the orchestrated outcome of the Border Patrol agents appeal. But, it is not "emotional manipulation" to be able to address the veracity of a witness, but a right as is precluded jury nullification. A legal expert who attended concluded: "It should shock every citizen to find that the 5th Circuit finds no fault with perjury, suborning perjury, denial of the 6th amd. rights to confront an accuser, and the 6th amd. rights to a public trial". The only "vigilante justice" here was by the judges and the prosecution. King George commutes Scooter Libbey, but not Ramos and Compean.

Jim Roberts

Dear Editor:
Regarding Semakweli's letter (08/-05/08 ID): The children of illegals are illegal because their parents are illegal. Being born in the U.S. is inteneded for U.S. citizens children, because illegal parents are not supposed to be in the U.S. This is a misconfiguration of a constitution that says only legal immigrants, legal citizens have a right to be in the U.S. One felony does not extend to make another legal.

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