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Immigration Daily June 23, 2008
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Comment

Anti-Immigrant Democrats

A recent news report from Politico.com says "House and Senate Democrats are outbidding the White House on spending for immigration enforcement". While decrying ICE abuses and other less-noticed abuses under the excuse of "law enforcement" by other federal agencies, Democrats are adding fuel to the flames by appropriating greater and greater funds for enforcement. That abuses and enforcement go hand in hand when funding is raised at extremely fast rates is forgotten (properly training large numbers of new agents is always a challenge). Furthermore, increasing enforcement without increasing benefits is not good policy for the country, Democrats are pandering to bigotry here. While it is true that Republicans are pandering to bigots, at least the Republicans cannot be accused of hypocrisy too. The Hispanic Caucus and other immigrant-friendly representatives in Congress should take a close look at these enforcement appropriations and target them for benefits amendments. Even if these amendments do not get enacted, just voting on them sends a strong message to the immigrant community that at least some in Congress remember that America is a country of immigrants. We urge the Hispanic Caucus to adopt the motto "no enforcement without benefits".

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


Focus

Talk To Joel

If you will be at Vancouver, come stop by our booth to talk to Joel Stewart on all matters PERM. He will be at our booth throughout the conference. We are pleased to announce that Mr. Stewart's book, THE PERM BOOK, 2008-2009 Edition is shipping now. The book outline is as follows:

PART I. PERM RULE, ANALYSIS, AND COMMENTS

A.  PERM Regulation
B.  Articles by PERM Writers

  • 656.1 Preparing PERM for 2nd and 3rd Preference by David Nachman and Ludmila Zimovcak
  • 656.3 SVP: Discrepancies between the O*Net and the DOT by Lori S. Melton
  • 656.3 The Method By Which the Bureau of Labor Statistics Converted the DOT Occupations into the OES Occupational Units or "Here's Another Nice Mess You've Got Us Into by Barbara Brandes
  • 656.10(a)-(c) The Basics of Labor Certification Under PERM : What You Need to Know Before You Start by Jeffrey Devore
  • 656.10(b) Rights and Obligations of Attorney and Agents Under PERM by Nancy-Jo Merritt
  • 656.10(c) Dangers in the Attestation Process by Ramon Carrion
  • 656.10(c)(10) What is "Permanent" and "Full-Time" Employment by Timothy Spridgeon
  • 656.10(d), (e) Deconstructing PERM Notice Requirements by Susan J. Cohen
  • 656.10(f) Preparation of PERM Recruitment Report and Supporting Documentation by Carl Shusterman and Alison Walters
  • 656.11 Is Employer "Substitution" Under PERM Dead? by Christian Allen
  • 656.12 Prohibition on Payment of Attorney's Fees by Paull Hejinian
  • 656.15(a)-(c) Step-by-Step for Schedule-A Applications by Sherry Neal
  • 656.15(d) Aliens of Exceptional Ability in the Performing Arts by Howard Kushner
  • 656.17(a)-(d) Filing, Withdrawing, Refiling, and Tracking PERM Cases by Katherine Lopez Ley and Davis Bae
  • 656.17(e)(1)(B)(1)(4) Professional and Trade Journals Under PERM by Nathan Waxman
  • 656.17(e)(1)(I) Regular Recruitment by Nancy-Jo Merritt
  • 656.17(e)(ii) PERM Labor Certification Professional Recruitment Steps by Edwin R. Rubin
  • 656.17(e)(l)(ii)(A) Note on Online Job Fairs by David Nachman
  • 656.17(g)(1) Regarding Recruitment Reports by Leon Wildes and David Lazaar
  • 656.17(g)(2) Ethics: What Do you Do When A Qualified US Worker Applies? by Blake Chisam
  • 656.17(h)(1) Business Necessity: "Necessary Arguments" by Sofia Zneimer
  • 656.17(h)(3) Combination of Occupations under PERM by Nathan Waxman
  • 656.17(h)(4)(ii) The Impact of PERM On Experience Gained on the Job and Alternative Experience by Nathan A. Waxman
  • 656.17(h) Requiring a Foreign Language under PERM by Cyrus D. Mehta
  • 656.17(i) Nuts & Bolts: Actual Minimum Requirements & Experience Gained on the Job by Rohit Turkhud
  • 656.17(i)(3) In-Job Experience: Why we Need it and How We Can Still Get it by Gary Endelman
  • 656.17(k) How Do Layoffs Affect PERM? by Margaret McCormick and Patricia Luna
  • 656.17(l) As If You Owned the Place…Alien Influence and Control Over the Labor Certification Process by Robert E. Banta and Benjamin M. Lowe
  • 656.18 College and University Professors: A Hybrid Between Special Handling and PERM by Victoria Donoghue
  • 656.19 Domestic Workers: At Home and on the Range by Susan L. Brady
  • 656.20 How PERM Cases are Selected for Audit by Christina B. LaBrie
  • 656.20(c) Requesting Extensions of Time to Respond to Audit Requests by Jonathan Amdur and Susan Anderson
  • 656.24 The Who What When Where of Labor Certification Determination by Rebecca Sigmund
  • 656.24(b)(2)(i) What You Do After the Ads Have Been Run? Resumes, Interviews, and Results by Edwin R. Litwin
  • 656.26 Appeals/Requests For Review Under PERM by Joan Mathieu
  • 656.27 Preparing Requests for Review with BALCA by Mitchell L. Wexler and J. Ira Burkemper
  • 656.30-31 Fraud, Misrepresentation, Validity, Invalidation and Revocation by Richard Tasoff
  • 656.32 Revocation of Labor Certification by Michael Piston
  • 656.40-41 Prevailing Wage Determinations Under PERM by Lawrence Rudnick

C.  Editor's Comments to the PERM Rule

PART II. FAQ, STAKEHOLDER & LIAISON MEMORANDA

A.  Frequently Asked Questions (FAQ) by Lawrence Rudnick
B.  Summary of DOL PERM Stakeholders Meetings by Lorna Rogers Burgess
C.  Frequently Asked Questions

PART III. ETA FORMS, OLD AND NEW

A.  The New 9089 PERM Form by Linda Rose
B.  What DOL told OMB about PERM by Jay Solomon
C.  New ETA Form 9089 and Instructions, Application for Permanent
     Employment Certification
D.  Old ETA Form 9089, Application for Permanent Employment Certification
E.  Old ETA Form 9089, Instructions
F.  Old ETA Form 9089 Electronic Filing Instructions
G.  ETA Form 750A
H.  ETA Form 750B
I.    ETA Form 750 A and B, Instructions
J.   ETA Form 9127, Foreign Labor Certification (FLC) Quarterly Activity Report

PART IV. ROADMAPS AND CHECKLISTS

A.  Overview of PERM Cases
B.  Overall PERM Flow Chart
C.  Employer Checklist
D.  Alien Checklist
E.  Job Offer Checklist
F.  Attorney/Agent Checklist
G.  Prevailing Wage Preparation Checklist
H.  Prevailing Wage Quick Guide
I.   Recruitment Checklist
J.  Express SVP Checklist
K.  PERM Audit Checklist: 10 Important Points
L.  Real and Virtual PERM Addresses
M.  What do PERM and H-1B Visas Have in Common?
N.  Attorney Competency Self-Test
O.  Sample PERM Cases
  1. Job Zone Five, IT Director
  2. Job Zone Five, Economist
  3. Job Zone Four, Consultant, Foreign Law
  4. Job Zone Four, Accounting Coordinator
  5. Job Zone Three, Tile Installers Coordinator

PART V. BALCA HANDBOOK

A.  Introduction to BALCA by Joel Stewart
B.  BALCA PERM Quick Reference Guide by Joel Stewart
C.  BALCA En Banc Quick Reference Guide by Joel Stewart
D.  BALCA Hearing Procedures

PART VI. FEDERAL LITIGATION GUIDE

A.  Introduction to Federal Court Litigation by Sam Udani
B.  Exhaustion of Administrative Review by Michael E. Piston
C.  Federal Court Litigation-PERM by David B. Pakula
D.  Sample Pleading by Michael E. Piston

PART VII: PREVAILING WAGE REVIEW

A.  Prevailing Wage Survey & Overview by Jane Goldblum
B.  Wage Worksheet Simple Systems 1 by Jane Goldblum
C.  Wage Worksheet Simple Systems 2 by Jane Goldblum
D.  656.40 Perm Reg. Determination of PW
E.  656.41 Perm Reg. Certifying Officer Review of PW
F.  Prevailing Wage FAQ
G.  Appendix A By Alphabetical Order
H.  Appendix A By SOC Classification Order

PART VIII: SWA SUMMARY STATE BY STATE

A.  Alabama
B.  Alaska
C.  Arizona
D.  Arkansas
E.  California
F.  Colorado
G.  Connecticut
H.  Delaware
I.   District of Columbia
J.  Florida
K.  Georgia
L.  Guam
M.  Hawaii
N.  Idaho
O.  Illinois
P.  Indiana
Q.  Iowa
R.  Kansas
S.  Kentucky
T.  Louisiana
U.  Maine
V.  Maryland
W. Massachusetts
X.  Michigan
Y.  Minnesota
Z.  Mississippi
AA.  Missouri
BB.  Montana
CC.  Nebraska
DD.  Nevada
EE.  New Hampshire
FF.   New Jersey
GG.  New Mexico
HH.  New York
II.     North Carolina
JJ.    North Dakota
KK.  Ohio
LL.   Oklahoma
MM. Oregon
NN.  Pennsylvania
OO.  Puerto Rico
PP.  Rhode Island
QQ.  South Carolina
RR.  South Dakota
SS.  Tennessee
TT.   Texas
UU.  Utah
VV.  Vermont
WW. Virgin Islands
XX.    Virginia
YY.   Washington
ZZ.    West Virginia
AAA. Wisconsin
BBB. Wyoming

PART IX: PERM RESOURCES ON CD-ROM

A.  SOC Structure
B.  SOC Definitions
C.  SOC 2006 Changes
D.  Background On Development Of Appendix A
E.  Stratifying Occupational Units By SVP
F.  NAICS 2002 Codes And Titles
G.  NAICS Codes And Titles - 2007 Revisions
H.  Latest OES Wage Data - MDB file
I.   2008 OES Wage Data Structure
J.  Latest OES Wage Data - Statistical Area Definitions
K.  Appendix A By Alphabetical Order
L.  Appendix A By SOC Classification Order
M.  Darby v. Cisneros
N.  Lawyers Guide To 212(a)(5)(A) By Gary Endelman
O.  BALCA Hearing Procedures
P.  BALCA En Banc Cases From 1987
Q.  Occupational Projections And Training Data
R.  Occupational Outlook Handbook
S.  Federal Register Notices On PERM
T.  Prevailing Wage Determination Policy Guidance
U.  What DOL Told OMB About PERM By Jay Solomon
V.  ETA Forms Old And New
  1. New ETA Form 9089 and Instructions, Application for Permanent Employment Certification
  2. Old ETA Form 9089, Application for Permanent Employment Certification
  3. Old ETA Form 9089, Instructions
  4. Old ETA Form 9089 Electronic Filing Instructions
  5. ETA Form 750A
  6. ETA Form 750B
  7. ETA Form 750 A and B, Instructions

For more info or to place your order, please see here. For the fax document, see here.


Article

Mexican Immigrants In The United States
Jeanne Batalova for the Migration Information Source writes " In 2006, more than 11.5 million Mexican immigrants resided in the United States, accounting for 30.7 percent of all US immigrants and one-tenth of the entire population born in Mexico. "

Immigrants Of The Week: Mark Rylance, Paolo Szot, and Cassian Yee
Greg Siskind celebrates contributions of these outstanding immigrants to America.

To submit an Article for consideration, write to editor@ilw.com.


News

DOS Publishes Final Rule On Student Interns
DOS published a final rule creating a new subcategory of the College and University Student category called "Student Interns."


Classifieds

Help Wanted: Immigration Professional
Secaucus, NJ - Ernst & Young LLP seeks Inbound Visa & Immigration Coordinator who will be responsible for the firm's J-1 exchange training program. This process includes reviewing and assessing all incoming requests, ensuring all participants meet Department of State requirements, processing visa forms and fees, ensuring all proper documents are collected in each file, monitor all J-1 cases from start to finish, updating SEVIS system on a weekly basis, follow-up with J-1 participants on work location changes and address changes. Coordinate H-1B, L-1, TN, E-3 and green cards processes with outside immigration counsel, counsel international business travelers on work permit/visa requirements, assist HR/Recruiting community that involves immigration sponsorship, and assess impact emerging legislation on our business. Bachelor's degree, equivalent work experience, 2+ years of business immigration experience, international exposure & cultural awareness a plus, experience working with government agencies, foreign embassies and outside counsel, knowledge of HR issues, strong verbal and written communication skills, organizational skills, attention to detail and sensitivity to timing, ability to work in a fast pace environment and support client-vendor relationships, good judgment and analytical skills. For more info and to apply online enter the job number 00IX6 here or email resume with cover letter to donna.shaw@ey.com.

Help Wanted: Immigration Paralegal
Madison, WI - Quarles & Brady LLP, a national law firm, seeks experienced immigration legal assistant/paralegal. Candidates should have a Bachelor's degree and experience preparing H-1B, L-1, TN & Labor Certification cases. Additional experience a plus. Must have good writing skills, strong academic background, and appreciation for other cultures and peoples. Quarles & Brady LLP offers a competitive salary and benefit package, in a congenial work environment located in downtown Madison. For immediate, confidential consideration, please fax or email a cover letter including a resume to: Quarles & Brady LLP (414) 277-5239 or staffrecruiting@quarles.com.

Help Wanted: Immigration Paralegal
New York, NY - Levitt & Needleman, P.C., a 13 person midtown immigration law firm, seeks immigration paralegal with 2+ years of experience with business applications: nonimmigrant and immigrant. Experience with family based, naturalization, and other applications a plus. Ideal candidate has BA degree, is detail oriented, organized, and conscientious. Candidate must also possess excellent writing, communication, and case management skills. Competitive compensation package offered. Email resume and cover letter in MS Word format to: mneedleman@levittandneedleman.com.

Help Wanted: Immigration Paralegal
Pittsburgh, PA - Fujitsu Consulting, an international IT services and consulting company, seeks an immigration paralegal for its in-house immigration department. The paralegal will participate in all aspects of the department's employment-based immigration practice. Candidates must be detail-oriented, possess solid writing skills, and be capable of working in a fast-paced and deadline-driven environment. A bachelor's or higher degree is required. Experience as an immigration paralegal is preferred, though not required. Salary is competitive. All qualified applicants are invited to apply. Please email your resume to Joseph.Kranyak@us.fujitsu.com. EOE.

Help Wanted: Immigration Paralegal
New York, NY - Bretz & Coven, LLP, a fast-paced Manhattan immigration law firm, seeks experienced paralegal able to speak English and at least one other foreign language (Hindi, Spanish, Creole French, etc.). Qualified candidates must have 2+ years of diverse immigration experience. The position requires heavy contact with clients. Requirements for this position include strong written and oral communication skills, attention to detail, organizational skills, ability to meet deadlines, interpersonal skills, team-mindedness, customer service skills, PC skills, ability to handle multiple tasks at the same time, and ability to work under pressure. Please e-mail your resume, salary requirements & writing sample to jobs@bretzlaw.com.

J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with AIESEC United States. For 50 years, AIESEC U.S. has offered foreign nationals the opportunity to grow both personally and professionally by sponsoring exchange visitor traineeships. Enjoy unparalleled customer service, including in-depth guidance on J-1 Trainee visa regulations and the changes effective July 2007. We also offer logistical and cultural reception services in locations nationwide. Expect a 24-48 hr. application processing time. The J-1 Trainee visa can be used for individuals to participate in training programs in the following fields: information media and communications, education, social sciences, library science, counseling and social services, management, business, commerce and finance, the sciences, engineering, architecture, mathematics and industrial occupations, public administration, and law. Attorneys interested in learning more about AIESEC United States and the J-1 Trainee visa, please email Melany Hamner: MelanyH@aiesecus.org.

Immigration Law Certificate
Master the complex and ever changing maze of immigration policies and regulations with the Immigration Law Studies Certificate Program offered by CUNY's School of Professional Studies. This graduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensive understanding of the laws, regulations, and processes surrounding the status of immigrants in the US, including family and employment-based immigration and deportation defense. It is designed for individuals working in law firms, companies, government agencies and nonprofit organizations where they interact with immigrants and immigrant legal concerns on a regular basis and would therefore benefit from greater knowledge of the laws and regulations surrounding immigration. Beginning this spring, the program is also being offered online. For more information on class schedules, tuition and fees, course applications and to register, see here.


Headlines

West Coast mayors Decry Immigration Raids
Three West Coast mayors are asking the leaders of other cities to take a stand against workplace immigration raids that they say hurt local economies and may force companies to relocate.

McCain Double-Talk On Immigration?
Sen. John McCain, R-Ariz., met Wednesday evening with Hispanic Republicans in Chicago.


comingsNgoings

Readers can share their professional announcements (100-words or fewer at no charge), email: editor@ilw.com. Readers interested in learning about featuring your event or conference in Immigration Daily, see here. To feature your newsletter in Immigration Daily, see here.

Immigration Book
"Opening the Borders: Solving the Mexico/U.S. Immigration Problem for Our Sake and Mexico's" by Larry Blasko, Level 4 Press, 211 pp. Hardcover, ISBN: 1933769181, $24.95, www.amazon.com/Opening-Borders-Solving-Immigration-Problem/dp/1933769181/


Letters

Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.

Dear Editor:
I would like to clarify one sentence in my letter (06/20/08 ID), which stated: "This was always our policy when most immigrants were white". This did not mean to imply that the immigration laws 50 or 100 years ago were similar to those in effect from 1965 up to the present. There were, of course, many differences. But the point of my letter was that America traditionally had a relatively open and tolerant policy toward immigrants when most were white, or at least perceived as being white (since Jews, Southern Europeans and, at one time, even the Irish were often regarded by anti-immigrant nativists as "non-white"). Now that most immigrants today are not considered to be white, attitudes among the white majority are turning restrictionist. Mr. Roberts' letters (06/20/08 ID etc.) are prime examples.

Roger Algase, Esq.
New York, NY

Dear Editor:
Can you direct me to the short questionnaire to fill out for the book raffle (06/19/08 ID Comment). I didn’t see any link provided, or does this work only in person at the Convention?

Leslie Davis

Editor's Note: The raffle is available to those attending the AILA Conference next week in Vancouver. If you will be there, please be sure to stop by our booth #204.

Dear Editor:
Regarding Mr. Utterback's and Roberts' letters (ID 6/19/08): Jesus and his parents Joseph and Mary were once refugees and immigrants themselves when King Herod wanted to kill all babies under 2 years old in Israel. They fled to Egypt. And God himself reminded ancient Israelis to treat strangers well as they're once refugees and strangers on others' lands. Jesus also gave an example to be a good Samaritan, when a Jewish man got injured and no other Jewish passing by trying to help this poor guy but a Samaritan who was considered by Israelis as second class human being for not being a "pure" Jewish. This Samaritan man helped the injured Jewish man and took care of him until he recovered well. Many anti immigrationists here confess themselves as conservatives and Christians but what we see is nothing but a parade of selfishness and hypocrisy. Cherry picking parts of the Holy Book to justify their selfish interests while ignoring God's commands of love and compassion. Try to put those punitive, restrictive, protectionist and selfish immigration laws on their ancestors back then and let see if these folks will support them as fiercely as their position now.

Robert Yang

Dear Editor:
Regarding Jim Roberts letters (06/20/08 ID) opinion "Jesus seems to be "a fan of Attrition through Enforcement by honoring the law that would not allow mercy to rob justice in supreme sacrifice to save sinners who believed." There are several examples of Jesus' healing people on the Sabbath in deliberate opposition to the law prohibiting such activity. In each case, it is Jesus' non-exigent compassion for the sick person that motivates his actions. (mercy?) It seems that in light of Jesus' activities the Pharisees decided to define all healing, natural or supernatural, as work, thereby modiying their halakah. In much the same way late generation sons and daughters of previous Immigrants have now redefined the founders intentions to protect our rights and liberties such as freedom of association, movement, and survival to a criminal act if done in certain geographic locations. This rag tag group had illegally siezed the land from the native people then quickly moved to create legislation to outlaw their own behavior. Jefferson spoke of rights that were not given by man but derived from the Creator, (and we all know Jesus is in pretty tight with the creator) I can only conclude there has been a misunderstanding on the part of those who would endeavor to interfere with those God given rights. I believe it is a false and erroneous conclusion to assume God is pleased with this behavior.

Janet Fitzgerald

Dear Editor:
I repudiate the charge of the letter of R. Algase's (6/20/08 ID) that the premise my letter (06/18/08 ID) was for the purpose of defining Americanism by merely pointing out the obvious perspective of the four letters (6/17/08 ID). None of these mentioned the CIR issue which R. Gittelson (6/19/08 ID) made an issue of. But why let facts get in the way of an open borders agenda and demagoguery with phony "hate propaganda" charges? Borrowing from Shakespeare, the letters of RA and RG "doth protest too much" as both support CIR amnesty of millions of illegals which would invite tens of millions more costing US billions. That most of these are brown is a racial fact, not a racist comment. The Great Seal of the US has the motto: E Pluribus Unum" -- Out of Many, One. But, open borders results in "Out of One, Many" and as Theodore Roosevelt said: "A polyglot boarding house for the world". See Pat Buchanan articles: "Can Diversity Destroy Us? and "The Dark Side of Diversity" Perception is reality. If open border advocates wish to avoid the unAmerican and irresponsible labels, they need to repent and adopt a more responsible, restrictionist and enforced position as the alcohol and tobacco industries have done. W. Gheen (ALI) whom I mentioned yesterday, further stated in his article: "Any lawmaker, candidate, reporter, activist, or organization that supports the current lack of enforcement of the existing laws, or supports the overthrow of these laws by passage of new legislation, which a majority of Americans oppose, is a traitor to the American Republic and an enemy of the citizens of the U.S. We The People of the U.S. will hold each of you accountable for the lost American jobs, tax monies, and lives suffered because of your agenda. We will hold you accountable for attempting to overthrow our Republic"

Jim Roberts


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. Copyright 1995- American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim                        ISSN:   1930-062X


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