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Comment
PW To Delay PERM? RIR Out The Window?
Section 423 of the recently enacted H-1B visa relief legislation says in
part "Where the Secretary of Labor uses, or makes available to employers, a
governmental survey to determine the prevailing wage, such survey shall
provide at least 4 levels of wages commensurate with experience, education,
and the level of supervision. Where an existing government survey has only
2 levels, 2 intermediate levels may be created by dividing by 3, the
difference between the 2 levels offered, adding the quotient thus obtained
to the first level and subtracting that quotient from the second level."
Some have suggested that since this provision applies equally to H-1Bs and
Labor Certs, the DOL needs to amend the PERM regulation's language to
incorporate the new statutorily mandated Prevailing Wage standards. We look
at this as establishing an outer limit for PERM publication - early March -
since that is when this provision of law goes into effect. However, there
is nothing to prevent DOL from getting PERM published first, and then work
on an amendment on Prevailing Wage that would apply equally to H-1Bs and
Labor Cert cases. That may in fact be a more efficient use of DOL's limited
regulation writing resources.
Of more pressing concern are recent reports out of California and other
SWAs that DOL's First-in, First-out ("FIFO") concept in processing the
labor cert backlog is effectively non-operational in view of DOL's 12/3/04
Carlson Memo as its terms confront budgetary reality and other ugly truths
at the SWAs. What may alarm practitioners the most is that RIR cases will
in most instances not reach the Backlog Centers at all in the first round
of backlog elimination under the terms of DOL's 12/3/04 Carlson Memo. Since
this is happening under the spectre of the SWAs' shut-down of their labor
cert processing functions, including RIR cases in later rounds of backlog
elimination may be cold comfort to practitioners since the RIR system is
headed for hibernation over the next few months. Stay on top of fast-moving
events in labor certs by signing up for ILW.COM's latest labor cert seminar
(discussion led by Angelo Paparelli). The deadline to sign up is Tuesday,
December 14th. For more info, detailed
curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/december2004.shtm. (Fax version: http://www.ilw.com/seminars/december2004.pdf
We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.
Focus
Deadline For Labor Cert Seminar Is Tuesday, December 14th
The deadline to sign up for our most current seminar on Labor Certification
led by Angelo Paparelli is Tuesday, December 14th. For more info, detailed
curriculum, speaker bios, and registration information, see: http://www.ilw.com/seminars/december2004.shtm. (Fax version: http://www.ilw.com/seminars/december2004.pdf.) Attorneys with significant labor cert practices should remain on top of all labor cert matters at this time of rapid change! Don't delay, sign up today!
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Letters
Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred).
Dear Editor:
In response to the comment (12/13/04) in ID concerning the contradiction in the TG memo, there's no contradiction if they intend that cases filed after 1/1/05 get a fresh start - seems unfair to previous filers.
Jim J. Liu, Esq.
Philadelphia, PA
Dear Editor:
Illegal aliens have no right to a driver's license or any other benefit in the US. Giving amnesty or even a driver license to an illegal alien who snuck across the border is akin to letting a bank robber keep the money just because he got away with it. Please end the insanity and halt all illegal immigration before this nation turns to anarchy.
O. Sanchez
Dear Editor:
I don't agree with Mr. Steve Carman's comments (12/13/04 ID issue) on the
view of conservatives on immigration. I am a staunch
conservative, far more conservative in my views than
the President or Mr. Cheney. I want a complete ban on
abortions, laws that reflect the values of the
Christian western civilization, a dramatic downsizing
of the federal government, zero welfare and free
trade. However, I believe that true traditional
conservatives have a positive stance on immigration.
This is because the conservative principles of free
trade, less government regulation, self-determination,
and religious compassion, all point in the direction
of an efficient and fairly open legal immigration
system. I think that some who claim to be
conservatives are, in reality, proponents of a
wasteful federal bureaucratic and military machinery
that intervenes in every aspect of our lives. This
resembles more Mussolini's Italy with a nativist
flavor than core traditional US values. Likewise,
many "liberals" stand up against immigration and free
trade based on phony environmental and worker
protection claims. In sum, I do not believe that the
"liberal" and "conservative" labels as currently used
are correctly reflected on the person's stance on many
issues such as immigration.
Sebastian
Washington DC
Dear Editor:
Once again it appears that the immigration problem is causing an individual to submit the withdrawal of his consideration for appointment to a vital government position for which he is apparently most qualified, i.e., to protect our homeland against terrorism.
This is not the first time, nor will it probably be the last time, that a most competent candidate must withdraw his/her consideration for an important position just because at some time or other he/she had employed a nanny, a gardener or some other menial employee who lacked a proper paper to work in this country.
There are millions in this country who are working here and who lack that necessary paper slip because it is impossible for them to obtain it. Should the millions of Americans who have employed such workers directly or indirectly in the past, no matter how temporarily, be denied participation in the government process no matter how highly qualified these Americans' credentials may be?
Instead of being so over concerned about such trivialities, let us concern ourselves with appointing to office the best qualified citizens we can find for good government.
Richard E. Baer
Dear Editor:
The news of DHS nominee Kerik exiting indicates history is repeating itself and will always do as long as the legislatores do not understand that our country can not live without the immigrant labor. I hope this will bring awereness of the urgent need to legalize those that we so desperately cannot live without. The movie "One Day without a Mexican" depicts it clearly.
Living the "Do what I say don't do what I do" does not work in terms of immigration also, and if we dig deep into the lives of most Government official workers today, we will find a vast majority one way or the other needed the immigrant labor, illegal or legal.
J. Schwartz
comingsNgoings
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