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Immigration Daily January 4, 2004
Previous Issues
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Comment

PERM Conundrums Continue

As we continue to study and try to fathom the newly published PERM rule, we continue to run into more and more conundrums. A case in point is the new requirement at the new 20 CFR 656.10(d)(1)(ii) that notice of the job opportunity for which labor certification is sought must be published "in any and all in-house media, whether electronic or printed" the proof of which is "by providing copies of all the in-house media, whether electronic or print". The key issue here is the word "media". As all readers of Immigration Daily (itself an electronic newspaper) probably know, the word "media" is in the process of a fundamental transformation, and even the most knowledgeable commentators on media publishing (i.e. experts on newspapers, music etc) have only an approximate and in-exact understanding of what "media" means today. Take for example an intranet database of job opportunities maintained by many of the larger companies - posting the job opportunity here would be required under the new section referenced above to comply with the requirement that the posting be in a location "in accordance with the normal procedures used for the recruitment of similar positions in the employer's organization". The problem is - is a database "media". If so, how does one provide a copy of a database to prove the posting? While it might appear that the easy answer is to give a print-out of the listing, printing a database listing is not the same as the regulatory requirement, for printing does not capture many of the data elements of a database (for example how would the employer document the duration of the posting?). DOL will assuredly need to provide guidance on these other data elements not captured in a print-out, making the new requirments more cumbersome than they already are.

Another example of the DOL's misuse of a term of art is the word "edition" at the new 20 CFR 656.17(e)(1)(i)(B)(2) and the new 20 CFR 656.17(e)(2)(ii)(B). The issue, which we will not discuss at length today, is that "edition" can mean not one, but many different things in general publishing usage - and DOL may have opened up a can of worms here without even intending to.

To prepare for PERM, we recommend the following:

Erratum: Immigration Daily will continue to remain on the cutting-edge of PERM matters. However, the cutting-edge is sometimes the bleeding-edge, in other words, we make mistakes from time to time. If we do, you can count on us to timely correct our mistake. In our Comment in our December 29, 2004 issue, we erred in saying that revocations of certifications under the new PERM rule are not appealable to BALCA. In fact, they are.

We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.


Focus

Deadline For PERM Seminar Is Thursday, January 6th

The deadline to sign up for our PERM seminar led by Angelo Paparelli is Thursday, January 6th. 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!


Article

Third Open Letter To CIS Ombudsman
Angelo A. Paparelli shares his third open letter written to Mr. Prakash Khatri, Ombudsman, USCIS on how the administration of our immigration laws can be improved.


Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here: http://www.ilw.com/seminars/

News

Injunction For AZ Prop 200 Denied
In Friendly House, et al. v. Napolitano, et. al, CV 04-649 TUC DCB (US District Court of Arizona, Dec. 22, 2004), the court denied Petitioner's application for an injunction (courtesy of Mike Hethmon of FAIR).


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Classifieds

Help Wanted: Immigration Paralegal
The Law Office of Nina Fantl in Austin, Texas seeks a highly motivated, hard-working paralegal with interest in stable, long term employment at a small firm. Must have 1+ years of experience in business immigration, including the preparation of all types of nonimmigrant visa petitions (H-1B, L-1, E-1/2, O-1, TN), and immigrant visa petitions. Highly desirable: Spanish fluency and knowledge of IT. Excellent writing, communication, case management and technology skills. Send your resume + cover letter describing your interest, qualifications, financial requirements and career goals in strict confidence to Nina Fantl at attorneyfantl@yahoo.com.

Help Wanted: Immigration Paralegal
Vorys, Sater, Seymour and Pease LLP, based in Columbus, Ohio, seeks a paralegal with 2+ years experience in employment-based non-immigrant and immigrant categories, including labor certs. Opportunity to play a key role in supporting a mature and expanding practice. Bachelor's degree and ABA certificate preferred. Must be detail-oriented with excellent writing, organizational and computer skills. Good benefits. Salary commensurate with experience. Send resume by mail to: Donna Prehm, Vorys, Sater, Seymour and Pease LLP, PO Box 1008, Columbus, Ohio 43216, by fax: 614-719-4913, or by email: dfprehm@vssp.com.

Credential Translation And Evaluation Service
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Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred).

Dear Editor:
In my letter to the Editor on 12/29/04, I was wrong when it said that the Certifying Officer's decision on revocation of the labor certification would not be subject to appeal. Had I read 20 CFR 656.32(b)(3) more carefully, as I should have, the ability to take an appeal to the BALCA on this would have been evident. Ability to appeal denial or revocation of a labor cert is also provided for at 20 CFR 656.26(a)(1), labelled "BALCA Review of denials of labor certification".

Gary Endelman

Dear Editor:
A new year is upon us and a new way exists for foreigners to fraudulenty obtain green cards via an insecure system called PERM which replaces the old method of employer-based sponsorship. Why not just give the green cards away?

O. Sanchez

Dear Editor:
On December 22nd Tucson District Judge David Bury sent a wonderful 'Christmas gift' to FAIR and the immigration reform movement, a slam dunk victory against MALDEF and the other opponents of Proposition 200. This is a significant legal victory for our movement. The reasoning in the Order on federal preemption doctrine and on the constitutional and statutory basis for state restrictions on 'state and local public benefits' is identical to that advocated by FAIR and included in our brief to the court prepared in partnership with Mountain States Legal Foundation. In addition, the Order directly attacks the LULAC v. Wilson I & II decisions that nullified Proposition 187 in California. If Judge Bury's reasoning is upheld in the Ninth Circuit, I believe it will be possible for California activists to revive significant parts of that initiative as valid law. The Order also cites as authority the Merten case, decided earlier this year in Virginia, another important victory in which FAIR played an active supporting role, and the Vasquez-Alvarez case in the 10th Circuit, whose significance FAIR was the first organization to identify and promote. The Order acknowledges our pending Arizona state court suit challenging the narrow interpretation of Proposition 200 by the Arizona Attorney General. Although the Order says in dicta that the Attorney General's opinion was well-reasoned, the federal court did not address our arguments, and I believe the analysis of the 1996 federal welfare reform act in Judge Bury's opinion significantly strengthens our case for an interpretation that is identical with federal law. It also will energize upcoming Arizona state legislation to override the Attorney General. Finally, the Order represents a green light for other states to enact similar (although perhaps more tightly drafted) measures.

Michael M. Hethmon, Staff Attorney
FAIR

Dear Editor:
Well, it looks like the pro-immigration lobby has won another battle by having a new labor certification system called PERM become a reality to the dismay of many Americans looking to get off the unemployment line. This new system will allow foreigners to obtain labor certification approvals wihtin 1-2 months versus the 1-2 years it previously took. This in turn will allow them to apply for green cards and work permits almost immediately and take away even more jobs from qualified and available Americans. This can all be done during the time they are here on just a tourist visa. Why push for a new amnesty when this sham is now available?

Chucky


comingsNgoings

Readers can share their professional announcements (100-words or less at no charge), email: editor@ilw.com.

New Offices
The Law Office of Scott A. Mossman is pleased to announce its new office in Oakland, CA. We will continue to focus on BIA appeals, federal court petitions, asylum, and family-based immigration. The Law Office of Scott A. Mossman is located at 1305 Franklin Street, Suite 201, Oakland, CA 94612. Tel (510) 835-1115. Fax (510) 835-1116.


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.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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