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Immigration Daily

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Immigration Daily October 22, 2008
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ID Knowledge

The Los Angeles Times reports "The Supreme Court said Monday that it will decide whether the government can use new identity theft laws to send illegal immigrants using fake identification cards to prison or to force them to leave the country." For the full story, see here.

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


All 50 states + 4 territories (Guam, District of Columbia, US Virgin Islands, and Puerto Rico)


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.


A Bad Boss Can Send You To An Early Grave
Travis Bradberry writes " If you havent had a boss like this, you should consider buying a lottery ticket-and I mean soon. You are that lucky."

Separating Fact From Fiction: Refugees, Immigrants And Public Benefits
Andrea Nill for the Immigration Policy Center writes "In no case can an immigrant get more SSI or Social Security than a U.S. citizen who is eligible for the same program."

Immigrants Of The Week: John Davison, Elias Zerhouni, and Madeleine Albright
Greg Siskind honors immigrants of the week.

To submit an Article for consideration, write to


DOS Final Rule Eliminates Board Of Appellate Review For Nationality
The Department of State published notice of a final rule, effective October 20, 2008, 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.

President Bush Says Bulgaria, Cyprus, Greece, Malta, Poland, and Romania On Road To Visa Waiver Program
President Bush in discussing the visa waiver program said, "A number of America's other close friends are participating in a process called the "visa waiver road map" that is helping them qualify for the Visa Waiver Program. I welcome the ambassadors from these "road map" countries -- Bulgaria, Cyprus, Greece, Malta, Poland, and Romania."


Help Wanted: Immigration Paralegal
St. Louis, MO - Stinson Morrison Hecker LLP seeks an experienced paralegal to assist in case management and preparation of a wide range of employment-based immigrant and non-immigrant petitions, PERM applications and Adjustment of Status applications. Stinson Morrison Hecker LLP is one of the nation's largest law firms, with 335 attorneys in eight offices with experience in more than 45 practice areas, and represents clients in a full range of corporate, transaction and litigation matters. For more information see: Please send resume with salary requirement to Lisa K. Lange at:

Help Wanted: Immigration Paralegal
New York, NY - Klasko, Rulon, Stock & Seltzer, LLP, a nationally-known immigration law firm, seeks 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 1-3 years of employment-based immigration experience. Fax resume and salary history/requirements to (215)-825-8699 or E-mail:

Help Wanted: Immigration Attorney
El Paso, TX - USCIS Office of Chief Counsel (OCC) seeks experienced attorney for the position of Associate Regional Counsel. Responsibilities include 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, and providing litigation support to U.S. Attorneys' Offices on cases arising from local District adjudications. Applicants must possess a JD degree, be an active member of the bar (any jusrisdiction) and have 2+ years of post JD experience. For more info, key in Job Announcement Number: COU-CIS-2008-0012 at Submit a resume, cover letter + writing sample to: Must be received by close of business Friday, October 24, 2008. Position is at the GS-13-GS-15 levels, open until filled. No relocation reimbursement available.

Help Wanted: Immigration Attorney
Atlanta, Georgia (Midtown/Buckhead) - Boutique international corporate firm seeks experienced (5-10 years) attorney to maintain the firm's immigration practice. This of counsel position will primarily focus on investment and employment based visas for the firm's corporate clients, as well as some LPR and naturalization. Must have sustainable book of business, be willing to promote firm's practice, and familiarity with dual citizenship and expatriation. Please send CV to:

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;

EB-5 Business For Sale
US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt or inventory included. To view pictures and an appraisal report, see here. To discuss further, contact Thomas Barnes at: or call 434-955-0595 (after 10 am EST). All inquiries will be kept confidential.

Website Services
Gain the competitive edge with your new website from INSZoom, the world's largest immigration software company. Choose from a range of template websites, complete with customized logos and images, 60-70 pps. of professionally written immigration law content including news articles, processing dates, and priority times posted directly on your site. Our search engine optimization tools will increase your web traffic and prioritize your site in the major search engines. Our content management tool lets you update your site in real time. Customized intake sheets let you integrate your case management software directly into your site. Biweekly newsletters and email blast tools enable you to stay in constant touch with current clients and strengthen your potential client base. Build leads and maintain a professional presence at a reasonable cost with websites from INSZoom. Learn more online at or contact a sales representative at (925) 244-0600 to start the process of launching your new website today.


Florida Will Try Out System To Save Immigrants From Scams
Florida will serve as the test state for a campaign aimed at helping newcomers avoid scams during the immigration process.

Hitting A Wall On Immigration
As the presidential election heads into its final days, the issue of immigration remains largely unaddressed.

Alliance Says It's Registered Half-Million Immmigrant Voters
Voter mobilization groups from across the country said Monday they had attained their collective goal to register 500,000 new immigrant voters in time for the presidential election and would shift their efforts to turning out 1 million immigrant voters in battleground states.

For A Jane Doe, Seeking An Identity And Immigration Status
But since 2006, federal regulations have required that Medicaid recipients provide proof of citizenship or legal residency to receive long-term coverage, and some illegal immigrants in grave conditions have been returned to their homelands, not by the government but by hospitals


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
The Migration Policy Institute is pleased to invite you to: Uneven Progress: The Employment Pathways of Skilled Immigrants in the United States Date: Wednesday, October 22, 2008, 10:30 am to 12:00 pm. Location: MPI Conference Room, 1400 16th Street, NW, Suite 300, Washington, DC. To RSVP, see: For questions, please contact or 202-266-1929.


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 believe that the Constitution should be amended such that persons not born on the U.S. soil (and who have consicously elected to be Americans) can also become president of the country. Apart from fostering xenophobia and second-rated citizens, the provision is antiquated. The factors that may have informed such a provision no longer exist. Besides, the U.S. loses. There are very talented Americans who have much to offer America but who are eliminated from even trying by this provision. It does not make much sense that you can be a governor or even a Supreme Court justice but not the president. What harm can you possibly do as president that you cannot do as governor? The presidency is touted as the highest office in the land but the impact of a Supreme Court justice, in many respects, is farther-reaching and longer lasting than that of a lot of presidents. George Bush was not his own creation don't forget. What is more? A "non-natural-born citizen" can be vice president. If, in disability, the VP can succeed the president, there is a real argument that Clause 5 of Article II was an imperative expediency of a time that is past. In any event, there no longer exist any good reason that I can find to exclude talents from which America should ordinarily benefit. What do you think?

Joseph St. Daniel, Esq.
Atlanta, GA

Dear Editor:
Paul Good's letter (10/21/08 ID) asks why the USCIS citizenship test is so unfair, with its high percentage of ridiculously incorrect answers. Hasan's letter (10/21/08 ID) wants to know why so many visa applicants are stuck in the "black hole" of "administrative processing". Marcia F. Kupferberg's letter (10/21/08 ID) questions why visitor visa applications at the US embassy in Romania are denied for absurd reasons, and the denials are then used as an excuse to keep that country off the recently expanded visa waiver list. Hundreds of other letters pointing out the irrationality and injustices in America's treatment of immigrants and asking for explanations have been written and will, no doubt, continue to be written in the future. Fortunately, we have a clear and comprehensive answer to these questions in the final October 21 letter, from Sharon McElroy, recommending simply: "No immigrants". That says virtually everything we need to know about America's current immigration policies.

Roger Algase, Esq.
New York, NY

Dear Editor:
I agree with Marcia S. Kupferberg's letter (10/21/2008 ID); it is a travesty that US Consulates around the world deny Visitor Visas to the parents of US permanent residents and citizens on the basis that they believe they will not return to their home country. So what if they don't. Parents of US citizens are eligible for permanent residence and it is only a procedural boondoggle of the archaic prohibition against "dual intent" that keeps candidates locked in their home country for years waiting for the approval process that should be allowed to occur in the US. I have had several clients for whom we have had to obtain permanent residence for their parents just so they could come to the US to visit their grand children for a couple of months a year. There is no reason for that strictness - to hold that we will not give you a visitor visa because you will not return, but we will issue you a permanent residence visa so that you can stay, is ludicrous. Is anyone from Congress or the government listening? Apparently not. As to Sharon McElroy's 10/21/2008 ID letter's myopic and simplistic solution to US immigration woes: "No more immigrants" - Nobody wants to "... send more illegals here to take the jobs," but those of us who have been tuned to the immigration system for decades do understand reality. Reality is that there are jobs Americans won't do, like doing stoop labor in agricultural fields, mundane unskilled factory work, gardening, cleaning houses and offices, washing dishes and unskilled construction labor. No, we don't want illegals to fill those jobs, we want laws that address the realities of life so that foreigners can come to the US to fill those jobs on a temporary basis. But the former "comprehensive immigration" bills that would lead to a "path to citizenship" is bunk. Amnesty did not work in 1986 and it won't work now. Let's see some good legislation legalizing temporary employment. The time has come.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I really appreciate ID's information. Please let the people that don't want immigrants in the US know that this was an immigrant country before. Tell them to read history careful and recognize that we are all Gods children and deserve a chance to be happy and safe. If we come to the US to work and go to school for our families, what is the difference for the ones that were born in the US and doing nothing but living off the government. Answer that immigrant haters.

Luzdenny Fernandez

Dear Editor:
Thank you for switching my email [deleted] to [deleted]. I am writing because I don't seem to be getting all your emails. In the past, when ID sent my email to [deleted] I used to get daily updates. Now, I received one update on Oct. 17th, and this second one on Oct. 20th. Am I missing emails? Please advise.

Eva Hefter

Editor's note: Immigration Daily remains a daily publication and is published every business day. It appears that you are receiving all our issues since Immigration Daily doesn't publish on the weekends. There was no October 18th or October 19th Immigration Daily issue. All issues can be accessed at our archives. We are available to work with our readers on delivery issues, please contact us at

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