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Immigration Daily

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Immigration Daily October 26, 2009
Previous Issues
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Child In Need

CNN reports "Her case is typical of the 7,211 children known to have entered the US illegally in 2008 by themselves, according to the federal Office of Refugee Resettlement, which runs the shelters where the children are detained." For the full story, see here.

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



THE PERM BOOK, 2nd 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.


Bloggings On Dysfunctional Government
Angelo A. Paparelli discusses how "Congress gives immigration agency's E-Verify program three more years to fail".

Bloggings on Deportation And Removal
Matthew Kolken writes "Opponents of 287(g) argue that the law results in racial profiling and violations of due process, and lacks sufficient oversight."

Bloggings On The H-1B Visa
Anthony F. Siliato and Scott R. Malyk ask "Has the time come for the demise of the H-1B quota?"

To submit an Article for consideration, write to


USCIS Revises I-601 Form
Applicants may now select from a list of grounds of inadmissibility on the form itself and mark all which apply to them in order to request a waiver.

CRS On Sanctuary Cities
The Congressional Research Service released a report discussing the legal issues surrounding sanctuary cities.


Help Wanted - Immigration Attorneys
Owings Mills, MD - The Murthy Law Firm seeks attorneys with 3+ years of experience in business immigration law. Our practice is dynamic and fast-paced with high standards of integrity, work ethic, and quality. Successful candidates will have the ability to work both as members of a team and as team leaders. They will bring in-depth understanding and knowledge of the breadth of immigration procedures, and are expected to supervise paralegals and support staff. Good writing and analytical skills are required. They will join more than a dozen high-caliber colleagues and have quality support in the way of legal and administrative staff, as well as technology. Visit for details regarding the unique benefits of working at the Murthy Law Firm. Send Resume + cover letter to All communication will be treated in confidence. Salary and benefits are commensurate with experience and abilities. Final interviews of candidates are at our office a few minutes from downtown Baltimore, MD. EOE.

Translation Services
Certified translations by Legal Language Services in 157 languages have helped immigration attorneys throughout the United States for more than 25 years. Legal Language translates birth and marriage certificates, academic degrees, health records, employment information and other documents needed for immigration proceedings. Legal Language meets all USCIS translation requirements. Legal Language also offers consecutive and simultaneous interpreting, as well as certified transcription, in support of immigration proceedings. Rush service, including same day service, is available for a slight additional fee. For a free consultation or for more info: call 1-800-788-0450 or email or visit us at In addition, Legal Language seeks experienced immigration attorneys to contribute to our blog and respond to questions from visitors to our site. Contact us at to discuss further.

Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160. The Forensic Psychology Group provides nationwide expert witness services in all areas of immigration law. It is led by Stephen Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical psychologists and attorneys, and also AILA members. The Group's experts - all licensed psychologists or psychiatrists - have extensive experience in working collaboratively with immigration lawyers on a wide range of forensic psychological issues. We offer nationwide service in the following areas: psychological consultation, psychodiagnostic evaluation, psychological reports, expert witness services, courtroom testimony, political asylum evaluation, extreme and exceptional hardship evaluations, spousal abuse, citizenship waivers. Dr. Stephen Reich, the Group's founder and director, is a nationally known forensic psychologist who holds a BA, JD, and MBA from Columbia University, and an MA and PhD in Clinical Psychology from Fordham University. He has been on the faculty of Weill Cornell Medical College and on the Attending Staff of New York Presbyterian Hospital for 30+ years. Visit The Forensic Psychology Group. The right experts make a real difference.


Law Enforcement Officials Call For Immigration Reform
Several mentioned that current immigration policy makes community policing, a strategy of the police and public working together to root out various criminal elements, almost impossible.

Growing Calls for Immigration Reform That Leaves No Family Behind
As Congress begins to debate immigration reform, all of our families -- gay and straight -- can stand together to ensure that none of us are left behind.

Lawyer Disputes Mexican Rights Official's Arrest
Supporters of a Mexican human rights investigator whom immigration authorities detained for nearly a week as an asylum seeker even though he never asked for U.S. protection are calling for a congressional probe into his arrest.

Phoenix's Sheriff Joe Squares Off Against ACLU
The ACLU claims Arpaio is creating unconstitutional obstacles to timely abortions by requiring inmates to prepay $300 to $600 for security and transport costs to take take them to abortion clinics.


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

Honors And Awards
Maged & Rost, PC is pleased to announce that Kristina Rost and Bradley Maged have been selected for inclusion in New England Super Lawyers - Rising Stars Edition 2009.


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

Dear Editor:
Jim Roberts' letter (10/23/09 ID) claims Biblical authority for limiting populations, but this depends on whose population is to be limited. I am no Biblical scholar, but I have always understood that the Five Books of Moses strongly support expanding the population of those who believe in the God of Israel, as opposed to implementing often drastic measures to limit the population of those who do not. In the same way, Mr. Roberts' letters have rarely left any doubt about which particular populations he would like to see limited in the US. Robert Yang's letter (10/23/09 ID) points out the hypocrisy of those who want to punish and throw out illegals, except when it is convenient to look the other way. Does CNN's anti-Latino immigrant rabble-rouser, Lou Dobbs, screen his advertisers to make sure that none of them sell their products to illegals before accepting their sponsorship, or does he insist that CNN do so? Does he check his sponsors to make sure that they are all signed on to E-Vilify and that none of them are employing any illegals? Of course not. If he did so, he would have no sponsors left and would be off the air in no time. Come to think of it, this might be the best possible argument for draconian immigration enforcement, at least as far as Dobbs' sponsors are concerned. On this subject, it is also amazing that spokespeople and immigration supporters in the Latino community agreed to take part in CNN's special program on Latinos, or that its Spanish-language channel still has an audience, while Dobbs is still allowed to rant against minority immigrants. Latino and Asian immigrants have considerable economic power, as the Immigration Policy Center has been pointing out in recent reports. Why don't they use it to drive the bigots off the air? What could be more American?

Roger Algase, Esq.

Dear Editor:
What a plethora of Letters on (10/23/09 ID). The R. Algase letter brands the restrictionists as "anti-immigrant bigots" and "hate mongers" who advocate a prudent return to lower entry rates. Yes, "hate has terrible human consequences", so when are liberals going to stop their hate towards citizens who want less entry? I am reminded of immature babies who when not getting their way, lash out at parents who are trying to make them responsible adults, calling them bad names and charging them with hate. Think what God has to put up with, being the Ultimate Restrictionist (Matt: 7:13,14), whose last name is not Damn. I doubt one illegal will get past this gate, nor those who mislead. DHS Sec'y. Janet N. was actually very soft on illegals as AZ Gov. It doesn't look like the D. Murray letter is getting any takers with his invitation to visit CA by the letters of H. Prchal and John F. The DM letter also errs with "CIR seems the only way to resolve" the illegal problem by applying more "lipstick on the pig" of CIR amnesty. The letter even agrees it won't work as previous promises and efforts haven't. What will work is an end to birth citizenship, illegal presence a felony, allow local police to make arrests, fully secure borders, sanction employers and end all benefits to illegals. This is not hate, but prudent policy. The Name W. letter admits that illegals are hired as they are more desparate and can be abused. If the R. Yang letter believes the "brown people" are the "true owners" of this land, why don't all who agree transfer their land titles to them? Entry abuses are seen far more than welfare abuses that the letters complain including entrants on welfare. Trashing US is getting old.

Jim Roberts

Dear Editor:
I feel that Mr. Roberts' letters are getting more ridiculous each time we read them. Why fences, why boundaries on countries' borders ? Well, if xenophobes are so afraid and dismayed on new influx of new residents who will compete for jobs from other states and even counties in the Union, I bet they will demand their local lawmakers to make it illegal for other states or counties residents to move into their localities and taking up employments then. We need to overhaul our welfare system, immigration laws, health care, education to reflect more fairness and common sense, we need to lead the world to eradicate terrorism and ignorance by getting rid theocracy worldwide, $ 3 trillion dollar has been wasted so far on Afghanistan, Iraq and war on terrorism without any positive result because we ignore the fact that it's theocracy dictatorships worldwide that support, bless, finance the movement and brainwashing of ignorance, hatred, apartheid, violence and intolerance in the name of religion and God. Imposing import tariffs is not a solution for America, but lower taxes, attracting foreign investors to invest in industries Export Processing Zones in the US that manufacture proudly made in USA goods to be exported back to foreign markets, opening our borders to more commerce and tourism by enacting friendly, welcoming yet smart immigration system that ensure our visitors will comply with the terms of their visits by cooperating and outsourcing visas applications to reputable local travel agencies in those countries to pre screen the applicants and act as guarantors. We need more tourists from China, Brazil, India, Russia etc. to shop here to ease and reverse our trade deficits and these tourists need real Made in USA gifts made by real Americans to be brought homes with pride. Protectionism and trade wars won't serve anyone good.

Robert Yang

Dear Editor:
Responding to the end of the widow penalty (10/22/09 ID comment), this is good news for many family, because the old law was once petitioner dies, application dies, so families were separated. My only hope is if immigration will obey such legislation, or continue to deny and deport families without any heart or consideration, I applaud this breakthrough, and hope that the same will be done for the many age out children that did not benefit from CSPA, and be allowed to be converted to the appropriate category and retain their old priority numbers under the F4 and F3 category as derivative beneficiaries editor I am hoping and praying that this will reach the ears of those in authority and that they will address this as soon as possible.


Dear Editor:
In response to a letter accusing one of his letters of praising the infamous Chinese exclusion laws enacted around the turn of the last century, Jim Roberts' letter (10/22/09 ID) denies that he is praising them. Instead, his letter tries to justify them with the insulting fiction that these openly racist measures were a legitimate response to greedy US businessmen who were trying to take advantage of cheap foreign labor by bringing in immigrants who could not "assimilate" to American culture (i.e. had the wrong skin color). If Confucius were alive today, he would no doubt be able to suggest the most appropriate word to describe this bigoted nonsense: "chutzpah".

S. L.

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