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Comment
DOL Statement On PERM
The U.S. Department of Labor issued its "FY 2004 Performance and
Accountability Report" on November 15, 2004. There are several points here which deserve close
attention from labor certification practitioners. A section of that report
is titled "Management and Performance Challenges" and includes a statement
from the DOL's Office of Inspector General and a response from DOL
Management on labor cert matters. We believe that the language here bears
scrutiny since it may point to the real reasons why PERM has so far been
delayed and offers pointers to the provisions of PERM when it is finally
published.
Here is the OIG statement: "The OIG is also concerned about regulations
that allow employers to obtain permission to hire a specific foreign
worker cleared by immigration officials to fill the job. Since entering the
U.S. as a substitute worker on an
approved labor certification is quicker than starting at the beginning of
the application process, alien workers are
willing to pay for approved certifications. The practice of allowing
substitutions therefore provides incentive for
filing fraudulent applications. One attorney filed 1,000 applications using
false worker names and then sold the
certifications to others. The OIG is also concerned that approved labor
certifications do not have an expiration
date, and can therefore be used indefinitely. ETA is working to address the
problem of substitution, prohibit the
Inspector General’s Statement
sale or purchase of certifications, and shorten the period a certification
is valid in coordination with the OIG and
the Departments of Justice and Homeland Security."
Here is the management's response: "Regarding automation of the Permanent
Labor Certification Program, ETA has developed a fraud
detection/prevention module for use in the new Program Electronic Review
Management (PERM) system. This
module is being designed to quickly validate applicant information and
highlight signs of risk or fraud using a
public record database to be supplied and updated by a third party vendor.
ETA is considering the use of
additional safeguards to authenticate the identity of an employer and to
maintain the integrity of the process.
Once the new system is implemented, the re-engineered PERM system will mark
a significant change to the labor
certification process in helping to validate information. The program will
identify ineligible employers using
automated system edit checks ... ETA is working with representatives from
interested Federal agencies on the issue of fraud in the Permanent
Labor Certification Program ... ETA meets quarterly with CIS and Department
of State to discuss ways to reduce
fraud in the foreign labor certification programs. ETA and CIS have formed
a subgroup that meets monthly to
improve information sharing on employers that are currently being
investigated for fraud. ETA’s Foreign Labor
Certification program has filled a policy analyst position whose sole focus
will be on quality control and fraudrelated
issues."
We believe that DOJ and DHS expressed objections in May/June of this year
to the PERM rule on the grounds that more security safeguards against fraud
were needed, and that DOL created new language over the summer to meet
those objections. The current delay in publishing PERM has to do with
political considerations which were present during the May/June timeframe
and which will likely cease to be obstacles once the 108th Congress finally
adjourns.
We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.
Focus
State Licensure Will Be Focus Of December 13th Session Of "Nurse Immigration (In Cooperation With CGFNS)"
State Licensure issues will be the focus of discussion in the December 13th
panel of "Nurse Immigration (In Cooperation With CGFNS)". The distinguished
panelists are as follows:
Judith Pendergast is currently the Director of Planning, Marketing and
Communications for the Commission on Graduates of Foreign Nursing Schools
(CGFNS). Prior to holding this position, Ms. Pendergast served as the
Director of Government Affairs for the Michigan Nurses Association and as
the Executive Administrator for the Wisconsin Nurses Association. In
addition, Ms. Pendergast has twenty years of clinical nursing experience in
emergency services. Ms. Pendergast holds a diploma in nursing from Mercy
Medical Center School of Nursing in Oshkosh, Wisconsin, a baccalaureate
degree from Marian College in Fond du Lac, Wisconsin, and a juris doctor
degree from Marquette University School of Law in Milwaukee, Wisconsin.
Winifred Carson-Smith has been the nurse practice counsel for the American
Nurses Association for over ten years. In this role, she is responsible for
assisting and supporting the association in the development of standards,
policy and other tools related to nursing practice. Windy also litigates
nursing cases, provides legal opinions on nursing practice and clinical
issues, and responds to legal inquiries related to nursing. Prior to
joining the ANA, she worked in legal, legislative and regulatory positions
with the District of Columbia government, the Maryland General Assembly and
the U.S. Senate. Windy writes and lectures on nursing practice. She has
written on legal issues related to nursing for numerous academic and
professional journals. Windy is a regular contributor to the American
Nurse, Nurse Practitioner and magazines. Windy published a chapter on
advanced practice nursing in the 2002 edition of the Health Law Handbook.
She authors a regular column on legal and practice issues for NP World
News; and she recently completed an articles on nurse practitioner
malpractice for Nurse Practitioner magazine and the legal implications of
genetics and genome research on nursing practice for the Genome Information
Project , Zeta Phi Beta Sorority. Windy was the only nonnurse recognized
for her advocacy on advanced practice nursing issues by Nurse Practitioner
magazine (2000). She sits on the Editorial Advisory Boards of Health Law
Week and The American Journal for Nurse Practitioners. She speaks
nationally and internationally on the legal issues related to nursing.
Windy has been an active member of the American Bar Association, and serves
as one of the co-chairs of the Medicine and Law subcommittee, TIPS
Committee.
Amy L. Jerdee is an associate in Reinhart Boerner Van Deuren, S.C.'s Health
Care Department. Her practice includes regulatory and transactional health
law issues. Ms. Jerdee received her Bachelor of Science degree in Nursing,
with honors, from Michigan State University. Prior to law school, Ms.
Jerdee was a Cardiac Surgical Intensive Care Unit Nurse at Mayo Medical
Center in Rochester, Minnesota. Ms. Jerdee is currently licensed as a
Registered Nurse in Minnesota and Wisconsin. Ms. Jerdee obtained her law
degree, cum laude, from the University of Minnesota in 2001, where she was
an Articles Editor for the Minnesota Law Review. She was also the 2001
recipient of the Elaine Osborne Jacobsen Award for Women working in Health
Care Law. This is a national award given by the Roscoe Pound Foundation in
Washington, D.C. She was also the recipient of the 2002 Cynthia Ellen
Northrop New Advocate Award given by The American Association of Nurse
Attorneys. Ms. Jerdee authored "Heparin-Associated Thrombocytopenia:
Nursing Implications" published in Critical Care Nurse in 1998; and
"Breaking Through the Silence: The Minnesota Pregnancy Presumption and the
Right to Refuse Medical Treatment," published in the Minnesota Law Review
in 2000. Ms. Jerdee is a member of the State Bar of Wisconsin, the American
Bar Association, the Milwaukee Bar Association, the American Health Lawyers
Association and The American Association of Nurse Attorneys.
Bobbi Pierce is currently the lead analyst in the Licensing Program for the
California Board of Registered Nursing. For the past 18 years, Ms. Pierce
has served as the Board's expert analyst for international nursing
education and she oversees the evaluation of RN applications from over
6,000 nursing schools worldwide. In addition, she is the lead staff member
for advanced practice nursing evaluation and certification. In her
capacity, Ms. Pierce has made numerous presentations to college nursing
directors, nursing students, and nursing recruiters, and she has consulted
with dignitaries from Japan, the Philippines, Norway, Great Britain, and
Russia. She has assisted the Board in developing its resource and reference
library, educated numerous new Board staff, and been instrumental in
reviewing and developing new policies and regulations. In her legislative
liaison capacity, Ms. Pierce has had the opportunity to become familiar
with many of the challenges and unique situations that face international
applicants in their efforts to seek RN licensure in the United States.
Rae Ramsdell is Licensing Manager at the Bureau of Health Professions at
the Department of Community Health in the state of Michigan.
Klari B. Tedrow practices in the area of immigration and naturalization in
Birmingham, Alabama. She has extensive experience with physician waivers,
nurses, therapists, and other healthcare professionals. She is an adjunct
professor at Cumberland School of Law. She came to the United States as a
refugee from Hungary, whose parents escaped the violent Revolution of 1956
by swimming a large canal into Austria with two small children.
The deadline to register is Thursday, December 9th. For more info,
detailed curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/november2004.shtm. (Fax version: http://www.ilw.com/seminars/november2004.pdf.)
Article
212(c) Barred By Non-Drug Aggravated Felonies: Contrary Cases
Kathy Brady writes "In the final rule for 212(c) relief published September 28, 2004, the government appears to state that aggravated felonies unrelated to controlled substances may not be waivable under 212(c), because there is no specific "aggravated felony" ground of inadmissibility."
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News
DOL Issues FY 2004 Performance And Accountability Report
The Department of Labor issued its FY 2004 Performance and Accountability Report on November 15, 2004, with relevant labor certification-related provisions excerpted here.
President Bush Nominates Bernard Kerik as DHS Secretary
President Bush nominated Bernard Kerik, who was New York City police commissioner at the time that Rudy Guilliani was Mayor, to lead as DHS Secretary.
USCIS On TPS Designated Countries And Issues TPS Reminder
The USCIS released a list of designated Temporary Protected Status (TPS) countries and issued a reminder to those eligible Hondurans and Nicaraguans to re-register for the 18-month extension of Temporary Protected Status (TPS) by January 3, 2005. For the designated TPS countries list, see here. For the Honduran and Nicaraguan TPS reminder, see here.
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Classifieds
Help Wanted: Immigration Attorney
Anthony Olson, P.A., an immigration law firm in Sarasota, FL, specializing in employment- and family-based immigration law seeks experienced immigration attorney.
Preferably 2+ years of experience in employment-based immigration, particularly with labor certs, EB-1, E, H, L, O, P visas. Foreign language skills preferred, especially Spanish or German. Friendly and
flexible working conditions with a competitive benefits package. Applicants must be conscientious, self-reliant, detail-oriented, and well-organized. Salary is commensurate with experience. Submit resume to Tony by fax at
941-362-7107 or by email to tony@immigrationvisausa.com.
Help Wanted: Immigration Attorney
Ronald W. Freeman, P.C. is an employment-based immigration law
firm located in downtown New York City with a diverse corporate client base, including numerous Japanese companies. We are looking for an experienced attorney fluent in both Japanese and English to join our team. Must have experience in nonimmigrant business visas and other business-related immigration matters. Strong communication (written & verbal) and case management skills required. Email resume & salary requirements in confidence to jobposting@rwfpc.com.
Help Wanted: Immigration Attorney
Tired of the cold? Why not join us in sunny Arizona, 20 minutes from downtown Phoenix? Employment-based firm with
Fortune 500 clientele seeks a full-time lawyer to join our team. Must have at least two years employment immigration experience, excellent research and writing skills, and an exceptional client service approach. Experience with J-1 waiver/NIW physician cases a plus. Excellent salary and benefits including health, dental, vision, long and short term disability, retirement
benefits, and paid AILA conferences. Arizona offers year-round hiking, camping, boating, professional sports and the Grand Canyon.
Email cover letter with resume + salary requirements to Theresa M. Talbert: ttalbert@breljelaw.com.
Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity to join our dynamic team in the law and corporate affairs department in Redmond, Washington. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your response in Word format to resume@microsoft.com. Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.
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Letters
Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred).
Dear Editor:
Ms. Morrigan's letter expressed concern over the requirement in the compromise intelligence bill that states shared information, citing the case of a woman detained and deported three days after applying for a driver's license renewal. The woman involved, as I recall, was not some random illegal alien (she actually had a valid SSN by the way), but had been ordered deported not once, but twice, and had ignored both orders. It's for precisely that reason - the apprehension of criminal aliens - that information sharing is desirable.
Ali Alexander
Dear Editor:
Another Immigration Daily attorney subscriber requested research assistance on the issue of approval of the adjustment of a petition for a transsexual in a family petition. One part of the strategy appears to be the sex for purposes of section 7 of the Defense of Marriage Act. If the transsexual beneficiary was a male and the petitoner was a male at the time of filing (or issuance of the benefit) the K-1 fiance or I-130 spouse, that could be critical if denied. The timing of the operation completed, and the timing of the filing, and processing of an adjustment may be critical to strategy and approval. The AILA Info Net (for AILA American Immigration Law Association) members... has several documents on this issue. i.e. AILA Doc. 04092760. BIA ruled in favor of the beneficiary of completed surgery, and the case was remanded. AILA Doc. 04080367 (looks to the gender when document is issued).
Elaine Schneider, Esq.
Minneapolis, MN
comingsNgoings
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comingsNgoings To Date
comingsNgoings was launched in late summer. So far, we have received announcements for the following: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. If you have a professional announcement (not limited to the above), that you wish to share with the Immigration Daily community, send your professional announcement to: editor@ilw.com. comingsNgoings announcements is a free service.
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