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Immigration Daily October 3, 2003
Previous Issues
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Editor's Comments

PERM Will Federalize Labor Certification

A BALCA decision today (see item below) discusses a situation in California which highlights the unique labor certification practices of that state's SWA. The SWA, which goes by the moniker of "EDD" appears to have in place a process where applicants' resumes will not be forwarded to employer for follow up unless employer has provided tearsheets to the EDD. If such is the case, and we have some reason to believe that it is, the rationale defies common sense and the regulations. The regulations simply look to the tearsheets as proof that the ad actually appeared. Most SWAs across the country routinely send resumes for follow up to employers, and wait for the proof of publication to be submitted along with the recruitment report. Pressuring employers to produce documentation instead of focusing on good faith recruitment appears to put the cart before the horse. As the largest SWA in the country, EDD has over time developed a number of unique idiosyncracies, as have many other SWAs, Colorado's refusal for many years in the late 1990s to entertain RIRs being another example. DOL's soon to come PERM program has to be understood in part as a response to these quirks and pecularities with which the labor certification program is rife. PERM is a federalization of labor certification, albeit a partial one, with Prevailing Wages retaining an important SWA participation. PERM will likely make possible a corresponding federalization of labor certification practice.


ILW.COM Focus

Greg Siskind, Rodney Barker And Jacqueline Baronian Will Speak At Religious Workers Seminar

Distinguished practitioners Greg Siskind (who serves on the Board of Directors of the Hebrew Immigrant Aid Society), Rodney Barker and Jacqueline Baronian will speak on R-1s and EB-4s in the October 9th session of ILW.COM's seminar: "Immigration For The Spirit, Body, And Soul: Entertainers/Artists/Athletes, Chefs/Cooks, Religious Workers"

The deadline to register is Tuesday, October 7th. For more info, including detailed curriculum, speaker bios, and registration information, please see: http://www.ilw.com/seminars/august2003.shtm. For the fax version, please see: http://www.ilw.com/seminars/august2003.pdf


Featured Article

How To Charge More Than Other Lawyers And Attract Better Clients
Trey Ryder writes "Here is how to increase your fees and attract better clients."


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Immigration Law News

GAO Says Legal Status Of Unemployed H-1Bs In US Should Be Addressed
The Government Accounting Office of Congress issued a report on H-1B foreign workers saying "In order to improve program management, we also recommend that the Secretary of DHS issue regulations that address the extent to which unemployed H-1B workers are allowed to remain in the United States while seeking other employment."

DHS Seeks Comments
The Bureau of Customs and Enforcement sought comments on the Alternative Inspection Services Application and FAST Commercial Driver Application, Forms I-823 and 823F. The Bureau of Citizenship and Immigration Services sought comments on the Student and Exchange Visitor Information System (SEVIS) and the application for authorization to issue health care certificates, Form I-905.

DOS Redesignates Foreign Terrorist Organizations
The Department of State provided a list of organizations have been redesignated as foreign terrorist organizations, effective October 2, 2003.

BALCA Denies Request For Review Based On Employer's Hardship
In the Matter of Bedrock Development, Inc., No. 2002-INA-11 (BALCA, Sep. 4, 2003), the Board of Alien Labor Certification Appeals responded to the Employer's argument "[the Alien] has ... become a valued and trusted member of my staff. It would be a hardship to lose him now" and decided that this argument "fails to set forth specific grounds for review."

BALCA Says CO's Denial Based On Employer's Failure To Sign Rebuttal Is In Error
In the Matter of Cleanmore Building Maintenance Co., No. 2002-INA-173 (BALCA, Sep. 3, 2003), the Board of Alien Labor Certification Appeals said that the Certifying Officer's denial of labor certification based on Employer's failure to address the lack of Employer's signature in its rebuttal was in error.

Oral Notice Given At Deportation Hearing Must Explicitly List Types Of Relief Lost
In Ordonez v. INS, No. 01-71752 (9th Cir. Oct. 2, 2003), the court said that oral notice under INa 242B(e)(2)(B) must be explicit.

House Judiciary Subcommittee Members Clash Over Criminal Alien Immigration Proposal
The Daily Sentinel of Grand Junction, Colorado reports "Members of a congressional subcommittee clashed Wednesday over legislation to mobilize the nation's 600,000 local law enforcement officers in finding, detaining and deporting illegal criminal immigrants."

Orphaned Undocumented Child To Be Indefinitely Held
The Miami Herald reports "An orphaned Haitian teenager won't be deported today because the DHS has agreed to delay his return for 30 days."


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Letters to the Editor

Dear Editor:
Here is the correct link for the CIS Asylum Division Affirmative Asylum Procedures Manual: http://www.immigration.gov/graphics/lawsregs/handbook/AffrmAsyManFNL.pdf

Name Not Provided

Editor's Note: Thank you for your letter. The item has been corrected on our website. Please see yesterday's Editor's Comments.

Dear Editor:
In response to RL Ranger's letter, I have to laugh at the premise that a civil war will erupt due to immigration. I also hope that RL's letter is not attempting to portray his views as those of regular Americans. If he were, then he wouldn't call himself the real lone ranger. Lone means by yourself amigo. The Ku Klux Klan wasnít mainstream either. They also predicted a civil war due to the evils of miscegenation. The Klanís views are substantially similar to RL's views. The only difference is the target.

Justin Randolph
Chicago, IL

Dear Editor:
From the Northern District of IL, here's a decision denying a 242(g) motion to dismiss a class action complaint which challeges policies of the Chicago District Office INS relating to the processing of applications for 245(i) adjustment of status.

Chuck Roth
Midwest Immigrant & Human Rights Center (MIHRC)


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 editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Editorial Advisory Board
Marc Ellis, Gary Endelman

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