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Immigration Daily

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Immigration Daily October 28, 2009
Previous Issues
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EAD Applications Decline

The Lincoln Journal Star reports "But the numbers for the fiscal year that ended Sept. 30 show, for example, that applications for employment authorization dropped to 250,000 from 376,000 in fiscal 2008." For the full story, see here.

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


Today Is Deadline For PERM For Experts

Tuesday, October 27th is the deadline for ILW.COMs new seminar series "PERM For Experts" with speakers Joel Stewart (discussion leader), Christian Allen, Robert Banta, Lorna Burgess, Christina LaBrie, Michael Piston, Careen Shannon, Rohit Turkhud, David Ware and Nathan Waxman. The curriculum is as follows:

FIRST Phone Session on October 28: Mechanics of a PERM Case

  • Introduction of New PERM Form 9089
  • OMB Certification of Form 9089
  • Step by Step Preparation of PERM Application
    • O'Net ABC's: Job Titles, Duties, & Occupations, SVP & Job Zones
    • Prevailing wage: Calculating Using Step-by Step and Competency Levels, Wage Ranges, Schedule D Professionals and Educational Ratings
    • How to File at SWA & Prevailing Wage Appeals to DOL
  • Schedule A
    • Group I: Nurses, Physical Therapists
    • Group II
      • Exceptional Workers in the Sciences or Arts
      • Performing Artists
  • Special Filing
    • College & University Teachers
    • Live-In Domestic Workers
    • Sheepherders
SECOND Phone Session on November 25: Recruitment Process
  • Notice of Filing: 10 Day Posting and Internal Media
  • Regular Recruitment: 30-Day Job Orders and Two Sunday Ads
  • Recruitment Requirements for Professional Jobs
    • PERM Professions under Schedule D
    • Select 3 Types of Professional Recruitment
  • US Workers: Ethical Issues Regarding Methods of Contact, Review of Resumes, and Interview
  • Preparing the Record File: Recruitment Report, Summary of Job Interview and Supporting Documents
  • PERM From Start to Finish in 61 Days
  • 2nd Preference Issues: Advanced Degree v. Exceptional Ability
  • 3rd Preference Issues: Bachelor's Degree, Post-Secondary Education, Training, and Paid
THIRD Phone Session on December 16: Special Problems with PERM
  • Restrictive Requirements:
    • Actual Minimum Requirements
    • Special Requirements, Foreign Languages
    • Combination of Occupations
    • Alternative Requirements
    • Combinations of Education, Experience, and Training
    • Layoffs
    • Alien Influence and Control
  • Anti-Fraud Rule
  • Audit Letters and Final Determinations
  • Post Denial Practice:
    • Motions to Reconsider to Certifying Officer
    • Requests for Appeal to BALCA
    • Federal Court Litigation
  • BALCA Case Summaries:
    • Harmless Error
    • Challenging the Zero Tolerance Policy
    • Defining the Record File
    • Remands from BALCA
Tuesday, October 27th is the deadline to sign up. For more info, including speaker bios, detailed curriculum, and registration information, please see: Online: Fax form: Don't delay, sign up today.


Worse Than It Seems: Broader Measure Of Unemployment Shows Bleak Picture
Steven A. Camarota and Karen Jensenius for the Center for Immigration Studies write "This report examines the U-6 measure and finds that things are much worse than the official unemployment numbers imply."

Law Library Of Congress Global Legal Monitor: Immigration And Nationality Law: April 2008 Issue 4 G.L.M. 2008
Rubens Medina, Law Librarian of Congress tracks recent immigration-related legal developments around the world.

Immigrants Of The Week: Charles Wesley Mumbere, and Gustavo Dudamel
Greg Siskind celebrates the achievements of these recent immigrants.

To submit an Article for consideration, write to


EOIR Announces Latest Disciplinary Actions
Four attorneys were immediately suspended; eight received final orders; two are reinstated.


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.

E-3 Treaty Visa
Job Expo Australia - Sydney in March 2010 - Melbourne in October 2010. Hire Australians using the E-3 Treaty Visa. It is good business to hire Australia's robust, educated and English-speaking job seekers. Employers happily find that Australians do not have the cultural assimilation or English language challenges of many workers from other countries. Can't make the Expo - utilize our Rsum Service. The Icon Group of Poulsbo, Washington USA produces Job Expo Australia. Icon has been producing world class international job expos for 12-years. Excellent, high profile, Sponsorship opportunities are available that will bring you to the attention of job seekers before and during the Expo! Outstanding hotel and airline discounts welcome you. Visit our website at Contact us at Australia(at) with your questions and requirements. Now is the time to plan and reserve your 2010 job fair participation. A portion of the Expo proceeds will benefit The Steve Irwin Wildlife Reserve - Australia Zoo. Review the National Press Release -

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.


San Francisco Mayor Battles City Hall on Illegal Immigrants
The mayor of San Francisco is waging war against his own city hall over its decision to protect juvenile illegal immigrants from being deported -- even when they stand accused of felonies.

Over 100 Democrats Push Obama on Immigration Reform
Hoping to jump-start a major legislative drive on immigration reform in the U.S. Congress, more than 100 pro-reform House Democrats signed a letter reminding President Obama of his administration's commitment to overhaul immigration.

The LAPD fights crime, not illegal immigration
A person reporting a crime should never fear being deported, but such fears are real and palpable for many of our immigrant neighbors.

Senator Gillibrand's Alert Passing Immigration Reform ... Poltical Hot Potato
The bottom lines is we must push very hard for Uniting American Families Act now - to ensure that it will be included in CIR and that this time line is adhered to.


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

Share Your Professional News
Send your professional announcement to: Examples include: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. This is a free service.


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

Dear Editor:
There is no "Exclusion Policy against Americans," as In response to Mr. Roberts' numerous past letters' references to the Bible as support for his immigration views, yes, God's word is eternal and unchanging, and is often directly applicable to immigration issues. So, let's see now, the Bible speaks: Leviticus 25:44 states that I may indeed possess slaves, both male and female, provided they are purchased from neighboring nations. Can I own a Mexican? I have a neighbor who insists on working on the Sabbath. Exodus 35:2 clearly states he should be put to death. Am I morally obligated to kill him myself? The Bible seems unclear on this. But more importantly in the immigration debate, should we allow aliens who have broken, or prospectively intend, on arrival in the US, to break the Sabbath, to enter the US as either nonimmigrants or immigrants? For they have broken the law of God and therefore cannot be of good moral character. You see, the Bible really does not contain all the answers, does it? Robert Yang's letter (10/22/09 ID) is "right on" ... restrictionism doesn't work. The world is a global marketplace. The market for human talent is imperative, especially in view of the recent dismal performance of US students in the areas of math and science.

David D. Murray, Esq.
Newport Beach, CA

Dear Editor:
I read Paul Szeto's article (10/27/09 ID) with interest. When it comes to the USCIS and DOS, it seems as if they don't know what they are doing. My suspicion goes back all the way to the sudden retrogression of October 2005. Up until that time, retrogression of any kind was a rare event. But starting then and up until now, the DOS and the USCIS, have made a mess of managing priority date movement, the most egregious one being the visa gate commotion of FY 2007, a close second being FY2006 when they were so stingy with the already insufficient visa numbers that they ended up wasting about 10% of the allocation. All the while, they have simply cited the important but separate issue of insufficient immigrant visas, as if it somehow excuses their ineptness at projecting and managing visa demand. Even now, things don't add up. Let's just look at one case - EB3 India. The minimum allocation for EB3 India in FY2009 is 140000*28.6%*7%, which works out to 2802 visas. Allowing for USCIS's own working assumption that 15% of immigrant visa demand comes from cases processed at consular posts, it should allow for a minimum of 2802*85/100 = 2382 green cards. Going by the inventory, even if the cutoff date for EB3 India were advanced to February 1, 2002 there would be enough and more visa numbers available to address the demand. And yet, the DOS has inexplicably kept the cutoff date for this category in the last two visa bulletins at April 2001. I find USCIS's suggestion that people waiting in line can now use this inventory to predict their waittimes laughable. If they want to lend any measure of transparency to the process, each visa bulletin must come with a comprehensive explanation from the DOS.

Trivikram Krishnamurthy

Dear Editor:
Many innovators and scientists coming to Western nations are actually immigrants, particularly highly educated Chinese, Indians and Russians. It's Western nations that are "stealing" the best brains from developing nations by imposing unfair and apartheid global financial system. To those who support what Mr. Roberts has written in his past letters and future ones, I have very good suggestion for all, stop buying imports and shopping at dollar stores laden with Chinese "junks" and start buying real made in USA and be happy to pay any extras without fuss. I am tired with so many Bible quoting hypocrites who love to condemn their fellow human beings and restrict their rights for survival and better live in this planet just because they're born on the "wrong sides" of this planet. If "fair trade" means imposing import duties and all other trade barriers, then be ready for international trade wars. Mr. Roberts et. al got to understand the ugly consequence of protectionism. Chinese will switch to Euro and gold, buy more French wines while slapping retaliation import duties on Californian wines to make them so expensive and uncompetitive to be bought by Chinese consumers. The global terrorism has its deep root on theocracies worldwide, no nations can be safe from religious ignorant and bigots that are trying to impose their holier than thou values by force and violence. The entire humanity should say enough is enough. We can't have the Koran and Bible quoting hypocrites, extremists and ignorants writing and enforcing the sexist, apartheid, barbaric religious laws in many nations. This is the way to solve this problem, not more $$$ for endless wars in Iraq or Afghanistan and more troops that should be sacrificed. Enough is enough for hatred, violence, ignorance, hypocrisy in the name of God and faiths. Period.

Robert Yang

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. 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