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Immigration Daily

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Immigration Daily December 4, 2009
Previous Issues
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The Immigrant's Way

ILW.COM is pleased to announce the publication of The Immigrant's Way by Margaret Wong. From in-depth immigration histories of different immigrant groups to simple tips to real-life stories and scenarios, readers will learn about the immigration process including adoption, asylum, deportation, and visas for students, workers, family members, etc. Ms. Wong peppers the guide with stories about her own journey, which began when she and her sister came to the U.S. on scholarships "...and had to work in the school cafeteria as part of the package somehow, breakfast for the nuns, college kids and staff was always ready at 7 a.m. Even now, 40 years later, I still remember the early morning freezing weather, getting up and putting on clothes, getting ready for school and the days testing, and that breakfast for 500 people." She has represented many universities, corporations and high-profile individuals, including President Obama's aunt. To contact Ms. Wong 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 Updates in Immigration Law
Carl Shusterman writes "Immigration attorneys are all too aware that U.S. immigration laws are so overly strict our last three Presidents would all be ineligible to even visit our country, much less to qualify for green cards."

Bloggings On Nurse And Allied Health Immigration
Christopher T. Musillo writes "CGFNS was reauthorized by the Department of Homeland Security to issue Visa Screens and Healthcare Worker Certificates, effective November 19, 2009."

Immigrant Of The Day: Caitlin Rebekah Kiernan of Ireland
Kevin R. Johnson writes "Caitlin Rebekah Kiernan is the author of many science fiction and dark fantasy works, including six novels, many comic books, more than one hundred published short stories, novellas, and vignettes."

To submit an Article for consideration, write to


EOIR Announces Disciplinary Actions
The Executive Office for Immigration Review (EOIR)recently took disciplinary action against 18 attorneys for violations of the Rules of Professional Conduct for immigration practitioners.


Help Wanted: Immigration Professional
Washington, DC - The American Council on International Personnel seeks a director of agency liaison. Work with ACIP members and federal immigration agencies to improve immigration policies/procedures for large multinational employers. Maintain relationships with policymakers and report on agency activities, organize and report on liaison meetings, identify emerging global mobility trends and explore best practices, draf Fed Register comments and amicus briefs as needed, analyze new policies and procedures, and communicate changes to members through weekly email bulletins, website updates, webcasts, and other venues. Involved in planning ACIP's Annual Symposium in June. Public speaking and travel required. Ideal candidate has law degree, detailed knowledge of business immigration laws + procedures, understanding of global mobility best practices, experience filing immigration applications on behalf of large employers, liaison experience, ability to juggle shifting priorities, excellent writing skills + ideas for improving immigration system. Send resume, cover letter, references + writing sample to

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. Email us to discuss further.

BIA Delivery Service
Have you missed the deadline for overnight delivery to the Board of Immigration Appeals? We offer same day service to the BIA. We are conveniently located only a block away. Fax us your Notice to Appeal or brief by 2pm ET on the due date to: (703) 845-5991 and we will personally file it for you, obtain a stamped date copy and mail/fax it back to you. We offer competitive rates and unparallelled service. For information, contact us: Brief-X-Press, Falls Church, VA Fax: (703) 845-5991.


Immigrants Get The Runaround
Immigration and Customs Enforcement's growing practice of shipping immigrants to jails across the country during the deportation process limits their ability to challenge deportation, two new studies claim.

Court: Mass Criminal Immigration Hearings Unlawful
Immigrants who have been arrested in zero-tolerance zones along the Mexican border must not be tried at mass criminal immigration hearings because the proceedings violate federal rules, an appeals court ruled Wednesday.

Hard-line Immigration Group Pulls Backing From Dobbs
But now a leading group on the issue is withdrawing its support -- including taking down websites urging Dobbs to run for president in 2012 -- because it says he has changed its tune.

Immigration Detention Facility Population Doubles In Decade
The number of people held in hundreds of different detention facilities by the federal Immigration and Customs Enforcement agency (ICE) in the just-ended federal fiscal year is estimated to have reached 369,483, more than twice what it was 10 years ago, says the Transactional Records Action Clearinghouse (TRAC).


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

Immigration Event - Washington, DC
December 9 - Senate Judiciary Committee will be conducting a hearing on "Oversight of the Department of Homeland Security" Witnesses: Janet Napolitano, Secretary, Department of Homeland Security. for more info see:


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

Dear Editor:
Up until now, immigration benefits and immigration enforcement have always been considered as two sides of the same coin. However, under the Obama administration and its DHS secretary, Janet Napolitano, the coin has become a two-headed one, or, more accurately, a case of heads, restrictionistas win, and tails, immigrants lose. Immigration enforcement has become a dragon that is swallowing up the benefits, as anyone trying to answer a typical paranoid USCIS Service Center RFE can attest. One of the favorite excuses of apologistas for one of the most anti-immigration administrations in modern US history, with its current enforcement mania, based on Secretary Napolitano's promise that not one single unauthorized person will be allowed to live or work in this nation of immigrants (just as Cotton Mather once promised to rid Salem of witches), is that the thousands of projected USCIS and ICE visits looking for technical I-9 violations are only intended to bolster President Obama's enforcement credentials in order to make it easier for him to accomplish his "real" goal of comprehensive immigration reform. This is a little like saying that the Iranian tyrants were only shooting demonstrators against their stolen election in the streets, or the Chinese were only locking up Tibetans, Uighurs and Tienanmen anniversary protesters, in order to pave the way for democracy. The tsunami of USCIS and ICE investigations will only produce more employer fines, and even criminal charges, over trivial violations of the I-9, which has grown from a simple record-keeping document into a hydra-headed monster. To regard this shameless pandering by the administration to anti-immigrant Know-Nothingism as the prelude to a fairer and more rational immigration system is nothing more than a childish fantasy that would make even Pollyanna blush - if she has not already been served with a subpoena or a Notice to Appear.

Roger Algase, Esq.
New York, NY

Dear Editor:
I think the Roberts letter (12/03/09 ID) again misses the point of my question. A "deportation only" strategy simply kicks a can down the road for future generations to deal with. Again what of the "cheapened birth citizens" Roberts expresses disdain and dismisses? You cannot unring the bell and the fact remains they gained their citizenship the same way most of us did by having the forsight to be born on US soil. Will forcing US Citizen children into exile until adulthood serve the greater good? What lesson will these future voters learn about our "resolve and sovereignty"? These children are the future of America, that is undeniable. Is it really in our best interest to educate them in 3rd world enviornments to return to our workforce when they are 18? I think again an extremely complex problem is being oversimplified by a head in the sand attitude by the "haves". I sometimes think of it as a global king of the hill game.

Sergi Sheplov

Dear Editor:
Hypocrites believe and brag about "compassion" and "family value" yet they cheer up on families got separated because cruel deportation because of their mix immigration statuses. They balk on the costs of health care, welfare and illegal immigration while they always think they can have global crusades and wars anywhere on this planet and think wars don't cost a penny and they don't want to pay any extra tax to pay these wars at all. They gave thump up and blessed on East Germans "illegally" crossing the Berlin wall toward freedom and prosperity to the West and also provide red carpet to Cubans fleeing communism but they want to erect the "Great Wall of North America" along border with Mexico and want to shoot any Haitians and Mexicans trying to reach US lands by boats. They urge us to forgive any cheating conservative politicians or gay in the closet conservative talk show hosts, preachers or lawmakers and ask for prayers for them and yet condemn any "liberals" for doing the same and demanding President Clinton to resign over his personal scandal. They believe in different sets of rules and laws written or unwritten, verses from Holly Books to justify of why their ancestors had right to move in, immigrate, trespass and annex others' territories and properties and to seek better opportunities and life while trying to restrict other human beings for looking for their own survival and trade their honest skills and labor for better wage out of fear of competition and being so selfish. And finally, they are so stubborn to believe in global warming and the facts that Anglo Europeans were illegal immigrants to many lands on this planet despite mounting credible evidence that can be found in many libraries and universities on this planet.

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