Americans Support Immigration
An ABC News-Washington Post nationwide poll conducted on January 12-16, 2005 indicates that support for a guestworker program and legalization among Americans exists, by nearly a 2-1 margin. 61% of those polled responded that undocumented immigrants should be able to keep their jobs and apply for legal status, compared to 36% who thought they should be deported. The anti-immigrationists are particularly fond of claiming that their misguided views enjoy overwhelming support of the American public. In reality, American views on immigration are both contradictory and nuanced. We believe that properly conducted and balanced polls will show a result not unlike the ABC News-Washington Post poll.
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PERM Books Hot Off The Press
ILW.COM is proud to present books on PERM, incorporating both reference material and analyses.
Fully-Indexed PERM Rule. This is a free soft-bound supplement to 20/22/28 CFR Plus, a part of Patel's Immigration Law Library. This book includes: (a) A comprehensive and easy-to-use 12 page topical index to the PERM Rule by P.J. Patel, author of Patel's Immigration Law Library; (b) 10 Key Questions on PERM by Gary Endelman; (c) The PERM World: A Temporary Answer to a Permanent Immigration Problem by David Nachman; and (d) DOL Memorandum: Technical Instructions Regarding Unprocessed Permanent Foreign Labor Certification Cases. This free soft-bound supplement is hot off the press and ready for shipment now! For more info on this essential reference resource, and to order, see here.
THE PERM BOOK - Labor Certification by Joel Stewart. This book is a detailed, in-depth, section-by-section analysis of the PERM rule by noted labor certification expert Joel Stewart, and will include additional essays by Gary Endelman and other distinguished attorneys. This book is being written for labor certification practitioners, and is not intended to decorate shelves, it will instead be a practical reference tool that we anticipate will be frequently consulted in preparing cases under the new PERM regime. Orders for this book will be shipped according to the principle first ordered, first shipped (the expected publication date is March 2005). For more info, and to order, see here.
Seven Ways Law Firms Lose Money
Dustin Cole writes "My purpose today is to give you some different ways to look at your firm - ways that can not only save you some very significant dollars, but if you take them seriously, can help you make your firm even better at taking care of clients and delivering superb legal services."
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EOIR Announces Latest Disciplinary Actions
The Executive Office For Immigration Review announced its latest disciplinary actions: 3 attorneys were immediately suspended and 2 received final orders.
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Help Wanted: Immigration Attorney
The Law Offices of Brian D. Lerner in Long Beach, CA, seeks an associate attorney with 2+ years deportation/removal immigration experience in a high volume, fast paced environment. Experience in the following is required: written motions to reopen, opening briefs to the BIA and other appellate agencies; Immigration Court experience (both master and individual hearings); familiarity with cancellation of removal, AOS, asylum, and CAT applications.; familiarity with law on aggravated felonies. Should know how to do bond redetermination hearings. Candidates must: make court appearances, handle large caseload with multiple deadlines, work hard, possess excellent research and writing skills. Duties include drafting points and authorities, briefs, appellate motions, appeals, attorney cover letters, etc. Must be aggressive and thrive in deadline driven environment. We offer competitive pay and benefits. Send resume + cover letter to: Brian D. Lerner at firstname.lastname@example.org.
Help Wanted: Immigration Paralegal
Small mid-town NYC Immigration law firm seeks an enthusiastic, ambitious, multi-tasker, team player with strong writing and verbal skills and experience and interest in immigration law who will "hit the ground running" to handle day-to-day operations, that includes administrative and legal functions. Candidate must be detail-oriented, manage case load independently, possess good organizational and computer skills and is tech savvy. We offer a competitive salary, casual environment, flex/full time and a chance to play a key role in an expanding practice. Send resume + salary requirements in confidence to Virginia Fling: email@example.com.
Help Wanted: Immigration Paralegals
The Law Offices of Darren B. Silver, a medium sized established law firm in Los Angeles, CA seeks full time paralegals. Experience must be in business/employment petitions, such as H's, L's and E's. Please forward detailed resume regarding your specific experience. Ideal candidate will have two years of experience, is hard working, self-motivating, organized and enjoys a pleasant team work environment. E-mail resumes to Darren Silver at: firstname.lastname@example.org or fax to: 213-384-8285.
Help Wanted: Immigration Paralegal
Kapoor & Associates, a boutique immigration law firm with offices in mid-town Atlanta and downtown Orlando, is looking for an immigration paralegal for our Atlanta office. We are a high-paced firm with a diverse mix of corporate and individual clients handling all types of employment-and family-based immigration cases. The ideal candidate will have 1-2 years of employment-based immigration experience. But most importantly, s/he will have a true passion for helping our clients achieve their dreams in the US. We offer a competitive salary and benefits. Please forward your resume to Romy Kapoor email@example.com for consideration.
Help Wanted: Immigration Attorney
Quan, Burdette & Perez, P.C., a leading immigration law firm in Houston,
Texas seeks an associate attorney with 3+ years business immigration
practice in a high volume, fast paced environment. Experience must include
preparation of non-immigrant visa petitions, labor certification applications, EB-1 and NIW petitions, adjustment of status and consular processing. Strong communication skills and case management skills required. E-mail your resume with subject: Immigration Attorney Position to: firstname.lastname@example.org.
Labor Certification Advertising
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We are enjoined under PERM to give notice either to a bargaining representative or, in the absence of same, by posted notice at the place of employment for 10 consecutive business days and by any and all in-house media normally used by the employer to advertise job openings to its employees. We are also told who is supposed to get such notice, namely the "appropriate Certifying Officer (CO)." In fact, 20 CFR 656.10(d)(3)(iii) requires that the notice contain the address of the CO. This is fine until 3/28th but what then? Who gets notice once PERM kicks in? At this point, there is no regional CO any longer, and, except for a job order and the task of rendering a prevailing wage determination, no SWA involvement of any kind in the process. Cases filed after 3/28th are being prepared now. They must comply with the notice requirements at the time the posting is made and, since the case will not be filed until after PERM, since the sufficiency of the notice will not be considered until then, such notice should also comply with the PERM version of notice. The problem is that the PERM reg gives us very little idea of who the "appropriate CO" is. Perhaps some insight can be gained through an examination of 20 CFR 656.3 which, inter alia, defines "CO" as "a DOL official who makes determinations about whether or not to grant applications for labor certifications." Well, the regional CO will not do that so do we give notice to them now for a post-PERM decision? Perhaps, the two CO's at the National PERM Processing Centers in Atlanta and Chicago. Out of an abundance of caution, I would provide notice that would satisfy the DOL both before and after March 28th. Tell interested parties to notify the SWA and your regional CO since this complies with the notice standard in effect when the notice is actually posted + also give them the address of the PERM Processing Center who will decide your case. Look at Vol.70, No. 25 of the Federal Register, February 8th pps. 6734-6735.
Gary E. Endelman, Esq.
Referring to Mehta and Reichard's Featured Article 2/10/05 ID, it seems to me that the reasoning allowing the use of a foreign language as a hiring requirement (safety of workers, preponderance of customers, etc.) would also be applicable in another setting: the requirement that employees speak English on the job. After all, if the preponderance of a company's workers or customers speak English, then why shouldn't it be able to require that the company's employees speak English?
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Armando J. Tirado has been appointed General Counsel for the Latin America and Caribbean operations of Tyco International, Ltd. Mr. Tirado shall oversee legal and regulatory affairs for the company throughout Latin America. With 2004 revenue of $40 billion, Tyco employs approximately 260,000 people worldwide. Mr. Tirado has been actively practicing law since 1988, in law firms and in-house environments. Previously, Mr. Tirado held the position of Director and Regional Counsel in the Latin America Division of Ingram Micro.
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