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Immigration Daily

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Immigration Daily January 5, 2009
Previous Issues
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Happy New Year

Immigration Daily wishes you a joyous New Year.

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


PERM For Beginners

ILW.COM is pleased to announce a new 3-part telephone seminar series "PERM For Beginners" with discussion leader Sofia Zneimer and speaker Ellen Freeman, with other speakers to be announced. The curriculum is as follows:

FIRST Phone Session on January 21: Understanding the PERM Process

  • Statutory background and agencies involved
  • Who is the client and payment of fees
  • Purpose of the PERM process - willing, able, qualified, and available
  • Timing of the process - counting the days and periods
  • Considerations - alien ownership and control, ability to pay, layoffs, internal and external consistency, job zones, SVP, combination of duties, educational requirements, restrictive requirements, job requirements for current status of alien, internal and external consistency
  • SVP, Job Zones, and what is normal
  • Business necessity issues
  • Job description and minimal requirements
  • Filing options for form ETA 9089
  • Document Retention requirements

SECOND Phone Session on February 18: Preparation of the PERM Application

  • Employer registration and attorney sub-account
  • Prevailing Wage
  • Recruitment Plan
  • Job Order
  • Mandatory Printed Ads - elements, placement, considerations
  • Additional steps for professional jobs - what is a professional job anyway?
  • Recruitment Report - elements and considerations
  • Qualified US workers
  • Audit preparedness
  • Discussion of best practices to manage the process
  • Schedule A and Special Handling

THIRD Phone Session on March 18: PERM Sticky Issues

  • Prevailing Wage issues - private wage survey, wrong classification, wrong salary, and other wrongs
  • Notice issues
  • Roving employees and layoffs
  • Occupation, Job Zones, and SVP, and OES changes
  • Business Necessity and Normal Requirements - Magic Language
  • On the job training
  • Typos and other errors in submitted and approved labor certifications
  • Attorney-Client relationship in PERM applications
  • Attorney consideration of applicants - do's and don'ts
  • Reconsideration and Appeal
  • Summary of best practices
The deadline to sign up is Tuesday, January 20th. For more info, including speaker bios, detailed curriculum, and registration information, please see: Fax version:


Seeing Green In US Immigration Policy
Cyrus D. Mehta writes "Yet, it is time now to recognize that one of the ways for the U.S. to breakout from this economic meltdown is to be the world's greatest innovator in green technology."

Immigrants Of The Day: Fernando Espuelas of Uruguay, Rumeal Robinson of Jamaica, and Arjinderpal Singh Sekhon of India
Kevin R. Johnson recounts the stories of notable immigrants.

Bloggings on Dysfunctional Government
Angelo Paparelli writes "Tossing cynicism to the wind, I hereby offer a few New Year resolutions for immigration officials to consider adopting ..."

To submit an Article for consideration, write to


Presidential Determination On Humanitarian Funding To Congolese Refugees
President Bush authorized the funding of up to $6 million for the unexpected urgent humanitarian needs related to the Democratic Republic of Congo, Rwanda, and Uganda nationals.

Data Privacy Committee Shares Recommendations On Employer Verification In E-Verify Program
The Data Privacy & Integrity Advisory Committee issued recommendations to the Secretary and the Chief Privacy Officer of the DHS on options for verifying the EIN or otherwise authenticating the employer in the E-Verify program.


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.

Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.


Employer Enters Agreement on Immigration Compliance
Republic Services, Inc., a Texas waste management and collection firm, has agreed to cooperate with the federal government in its ongoing criminal investigation of immigration violations at the companys Wilson Road facility in Houston.

Sessions Scheduled On State's New Immigration Law
Steps to curb illegal immigration are among South Carolinas new laws going into effect Thursday.

Immigration Law Makes Deportations Easy - But Life Hard
It has hit hard in the Cambodian-American community in Long Beach since 2002, when Cambodia began accepting deportees.

Local, National News Intertwine
The immigration raid at Howard Industries made state and national headlines, while all of us in the Pine Belt were impacted by the struggling national economy and witnessed a historic Presidential election.


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.

Appointment - Austin, TX
Thomas Esparza, Board Certified Immigration Specialist is please to announce his reappointment to the Austin Commission on Immigrant Affair. At the December meeting of this city commission he was elected vice chair. The ACIA recently sponsored a seminar on Immigration Law and Crimes for all Travis County Magistrates. Thomas Esparza, Jr. Attorney at Law, 512-441-0062,


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:
Mario Apuzzo's latest letter (12/31/08 ID) criticizes David D Murray's letter (12/15/08 ID) for allegedly not showing respect for the argument that Barack Obama may not be a "natural born" citizen of the US. But in order to demand respect, one must have an argument worthy of respect. The argument that there is no proof that Barack Obama was born in the US is not worthy of respect. The President-elect has produced a Hawaiian birth certificate which no one has shown any reason to doubt. The last time I checked, Hawaii was just a much a state as Mr. Apuzzo's own presumed state of New Jersey. Moreover, Mr. Apuzzo's constitutional arguments are so vague and confused that it is hard to tell what they are, let alone accord them any respect. What is at issue here is not whether there is a distinction between a US citizen and a citizen by birth in the US, as Mr. Apuzzo's letter argues. Everybody agree that there is such a distinction. But scratching our heads over the status of citizens born outside the US is not relevant to Mr. Obama's case, because, Mr. Apuzzo's letters notwithstanding, President-elect Obama was indeed born right here in the US. The real issue is whether there is a distinction between a citizen by birth in the US and a "natural born" US citizen. To argue that there is any such distinction is the height of absurdity. Is there a difference between the number of US citizens by birth and the number of "natural born" US citizens who can stand on the head of a pin? Perhaps a future letter from Mr. Apuzzo will provide an answer.

Roger Algase, Esq.
New York, NY

Dear Editor:
In response to Dave Chapman's letter (12/31/08 ID), I don't know where this information about politicians accepting bribes from India comes from, but I and every other immigration attorney who handle non-Indian H-1Bs can testify that without H-1Bs, many of their employer clients could not survive. The vast majority of H-1B visas are legitimate and are required by American employers. Until America trains more engineers and scientists, there will continue to be a shortage in these occupations, no matter how high unemployment rates go in the general employment population. Likewise as to nurses, which nobody will deny are in short supply, yet we can't get them what were formerly H-1A's. Go figure. These are just small examples of why America needs to immediately reform its legal immigration system, separate and apart from what is commonly referred to as "CIR". We all know the system is broken and we need to fix each break one at a time, not in a "comprehensive" package designed to appease all. Let's stop complaining about how terrible it is to have illegals, or that we should just let them in, because we need them and love them. Let's fix the present system first and concentrate on what to do with the illegals after we have a workable system that addresses employer's needs. If we do it that way, I believe the plight of the millions of illegals will be resolved - perhaps not totally to the liking of those who view immigration as an emotional issue, but by pure and simple economics. Let's see, pi squared equals one half the circumference of corporate jet, as reflected in fraudulent corporate balance sheet that provides a golden parachute . . . oh well, I give up! But this ain't rocket science.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
ID carried an interesting news link article complaining about the treatment of Poles by CBP and ICE. The major contention of this piece was that Poland, as a close ally of the U.S. in the War on Terror, should have its citizens treated differently from citizens of those countries that do not support the War on Terror. Is it the Article's contention then that citizens of countries that oppose the War on Terror, like Mexico, be treated worse than citizens of those countries that support the War on Terror. Since Mexico does nothing to support the War on Terror, refuses to send troops to either Iraq or Afghanistan, and refuses to increase its production of oil, should we discriminate against Mexican citizens? So, therefore one supports discrimination based on nationality? Also, I always thought ID supported illegal immgration by Mexican citizens and that Mexican citizens were victims of American racism, but based on this news link article, ID seems to be supporting Poles over Mexicans. Interestingly the complaints of the Polish citizens, who are white, seems to show that American law is enforced evenhandedly against all nationalities.

John Henderson

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