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Immigration Daily April 17, 2009
Previous Issues
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Undocumented Portrait

A report released by the Pew Hispanic Center paints a detailed demographic portrait of the undocumented immigrants in the US. "Unauthorized immigrants living in the United States are more geographically dispersed than in the past and are more likely than either U.S. born residents or legal immigrants to live in a household with a spouse and children. In addition, a growing share of the children of unauthorized immigrant parents--73%--were born in this country and are U.S. citizens."

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



THE PERM 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

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Bloggings on Updates in Immigration Law
Carl Shusterman writes "Congress should stop trying to micro-manage the program, and return to a simple market-based system."

Bloggings on Nurse Immigration
Christopher T. Musillo of the Hammond Law Group writes "With the continued retrogression, the international staffing and recruiting industry is disappearing."

Immigrants Of The Day: NY Times Scholars and Immigrant Parents (Russia, Ghana, Nigeria, Vietnam, China, Guyana, Dominican Republic, Mexico and Israel)
Kevin R. Johnson writes "The 2008 NY Times Scholars include a group of immigrant students, and children of immigrants, who are pursuing the American Dream."

To submit an Article for consideration, write to


DOL Publishes H-2A Interim Final Rule
The Department of Labor published an interim final rule amending its regulations to extend the transition period of the application filing procedures currently in effect for all H-2A employers with a date of need on or before July 1, 2009. The transition period is extended to include all employers with a date of need on or before January 1, 2010.

USCIS Reminds About Termination Of Burundi TPS
USCIS reminded the public that Temporary Protected Status (TPS) for Burundian nationals terminates on May 2, 2009.


Help Wanted: Immigration Paralegal
NYC - Established boutique law firm seeks experienced paralegal who desires to work from home, part-time. We specialize in O-1 and EB-1A in the arts and entertainment, with a selection of H-1, L-1 and family cases. The ideal candidate will: 1) have experience in our practice area, 2) have an interest and talent for organizing, excerpting and summarizing evidence in a lengthy submission letter (for O-1 and EB-1 cases), 3) be self-motivating, and will 4) work efficiently, timely and in an organized fashion. We communicate via emails and couriers. The candidate will augment our current team of telecommuting paralegals. We project 5-15 cases per month. The candidate must have necessary computer equipment, software and skills for this position. We pay by the hour or per case. Please forward detailed resume, writing sample for EB-1A case, and two references to:

Case Management Technology
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Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and translations, American Evaluation and Translation Service, Inc. (AETS) provides the most competitive rates in the industry $50 educational evaluations, as well as $200 'expert opinion' work experience and position evaluations completed by PhD university professors who have the "authority to grant college level credit for work experience and/or training." AETS offers a variety of turn-around times, including same-day service for educational, work experience, and position evaluations. For list of rates and times, see: AETS also provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. For a copy of the Application for Credential Evaluation and Translation Services, please contact AETS at (786) 276-8190, visit, or email:


Hispanic Groups Call For Census Boycott
Some Hispanic advocacy groups are calling for illegal immigrants to boycott the 2010 Census unless immigration laws are changed.

Obama: Immigration Reform Key
President Obama said immigration reform will be part of his administrations efforts to tackle issues plaguing the US-Mexico border.

Conservative Law Group Watching Day Worker Center
A conservative legal organization is making a visit to Mountain View this week, observing the practices of the Mountain View Day Worker Center.

Students Disrupt Tancredo Speech
A speech by former US Rep. Tom Tancredo, R-Colo., was disrupted by hundreds of student protesters at the University of North Carolina.


Readers can share professional announcements (up to 100-words at no charge), email: To announce your event, see here

Immigration Event
April 28, 2009, 2:00pm ET - ILW.COM is pleased to invite you to attend a 30 minute Webinar presentation entitled "How To Survive The Immigration Law Downturn" at no charge. Speakers include Greg Siskind, Boris Palanov, and Sam Udani. Discussion topics include how immigration law firms can effectively use technology to increase efficiency, a detailed analysis of the state of the immigration law field (by practice area and region), how web conferencing can save you money, including a feature web conferencing demo. The call will consist of 20 minutes of presentation, followed by a Q&A. Immigration attorneys are invited to register. Participation is limited and is first come, first served. To register, see here. This event is sponsored by Intercall, the world's largest audio, web and video conferencing provider.


Readers can share comments, email: (up to 300-words). Past correspondence is available in our archives

Dear Editor:
A letter that ID published yesterday (04/16/09 ID) said that "---politicians want the illegal aliens here for votes. They spend our tax dollars to buy the votes and dis-infranchise (sic) Americans and legal immigrants." The letter apparently ignores that only citizens can vote. Aliens, whether legal or illegal and regardless of their numbers, cannot, so the quoted statement is quite mistaken.

Sid Lachter, Esq.

Dear Editor:
Regarding ID Editorial (04/14/2009 ID), to me, the most troublesome aspect of the press reporting on immigration matters is the reference to "citizenship" when they mean "permanent residence," as is the case here. Even George Bush mixed his metaphors. This misnomer shows journalistic ignorance, as is the rest of the article, which is unclear as to the actual facts of the case and whether the alien had ever adjusted and was a conditional permanent resident, or whether she had not yet adjusted. The "widow's penalty" attaches to spouses of citizens who have filed, but not yet adusted to permanent residence. A liberal interpretation is found in Freeman vs. Gonzales, 444 F.3d 1031 (9th Circuit 2006), but because of the weird federal system a circuit court case is not binding on other circuits and leads to an irational application of law. Many cases have muddied the waters; some are still pending and in an instance where the citizen spouse dies before the alien's adjustment of status can lead to a harsh and inconsistent result. An alien whose citizen spouse passes away after adjustment, but before removal of conditions on residence, can simply check Item d in Part 2 of the I-751 Petition for Removal of Conditions on Residence, which says, "My spouse is deceased," present documentation of a joint marital relationship, the conditions are removed and the alien becomes a full permanent resident. There is no "widow's penalty" in the instance of condition removal. I agree that the widow's penalty is harsh and believe cases should be adjudicated similarly to the removal of conditions on residence. But that is not the law and the law should change. More fodder for immigration reform and makes my point about CIR taking away from issues of true reform, instead dwelling on the controversial Amnesty.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
Paula James' letter (04/16/09 ID) told us yesterday that the "Politicians want the illegal aliens here for the votes". That is certainly an interesting assertion given that illegal aliens by definition cannot vote. If the letter refers to the family members of the aproximately 15 million aliens who live with US Citizen spouses, children or parents, then perhaps these Citizens are voting for family reunification. The letter tells us that US immigration law is not "broken". I'm not sure what you would call a that law separates a US Citizen spouse from thier alien spouse, or forces the family into a foreign country in exhile. What about aliens dying in detention centers? what about US citizens are being deported, and local police are using it as an excuse for profiling and harrassing people of color, and workers who were recruited by corporations are being prosecuted while white collar managment gets off with a slap on the wrist? Thomas Jefferson said, "A democracy is nothing more than mob rule, where fifty-one percent of the people may take away the rights of the other forty-nine." I think this sums up the immigration reform debate, shame on those so opposed to the concept we as a nation were founded under, the "inaliable right to self sustenance" which many would so readily deny our foreign neighbors. The source of the right to self sustain derives not from government but from nature. Certainly we have a right to legislate immigration policy, but the problem comes in when the government attempts to create laws that conflict with the reality of the human condition. Many have contempt for immigration laws because they run contrary to the natural and societal norms that preceeded them. Its unreasonable to expect nuclear family members to have to live in different countries.

Sergi Sheplov

Dear Editor:
Ms. James' letter (04/16/09 ID) said that "our" tax dollars are being spent to buy votes and disenfranchise Americans and legal immigrants, in what forms? Amnesty will likely come with heavy fine, requirement to pay back taxes owed, to learn English and to meet certain merits and objectives before the beneficiaries can adjust status to real permanent residency. If Ms. James's letter was talking about welfare state for all, it's more urgent to write our representatives to show our utmost outrage that we didn't elect them to bailout greedy bankers and lousy CEOs of the Wall St. who have no shame for doing lousy job performance, asking public welfare on our expenses and still dare to justify handsome amount of bonus and on top of the insult, they spent our money to decorate their office, then secretly they still fly private corporate plane to party in 5 star hotel and resort on our tab. Politicians may promise us the "change" we can believe in but believe me, Washington never changes, faces may change but it's always the business as usual, pay to play and cronic corruption, collusion and cronyism between our politicians and their rich donors and lobbyists. Being Americans and legal immigrants come with certain rights and entitlements off course, but there is no such entitlement like "Americans' jobs only" and foreigners need not apply. Americans compete with other Americans, Americans compete with foreigners like or not, be them come here legally or illegally, or jobs being ship overseas, and don't forget Americans compete with robots, automated machineries and computers who have taken so many manual jobs for greater output and more efficiency with less attitudes, whining and bogus sick call offs. I hate competition as much as all of us here, but c'est la vie.

Robert Yang

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Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X