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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
- Job Zone Five, IT Director
- Job Zone Five, Economist
- Job Zone Four, Consultant, Foreign Law
- Job Zone Four, Accounting Coordinator
- 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
- New ETA Form 9089 and Instructions, Application for Permanent Employment Certification
- Old ETA Form 9089, Application for Permanent Employment Certification
- Old ETA Form 9089, Instructions
- Old ETA Form 9089 Electronic Filing Instructions
- ETA Form 750A
- ETA Form 750B
- 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.
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