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Immigration Daily July 9, 2008
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Comment

Submit Your Announcement

If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: editor@ilw.com. comingsNgoings announcements is a free service.

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


Focus

THE PERM BOOK, 2008-2009 Edition, Shipping Now

ILW.COM is pleased to announce 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

Fear And Loathing In Prime Time
Paul Waldman, Elbert Ventura, Robert Savillo, Susan Lin, and Greg Lewis for Media Matters Action Network write "When it comes to this issue, cable news overflows not just with vitriol, but also with a series of myths that feed viewers’ resentment and fears, seemingly geared toward creating anti-immigrant hysteria."

Bloggings: July 9, 2008
Joel Stewart shares the latest entries to his blog.

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


News

USCIS Memo On Special Immigrant Visas For Certain Iraqis
Donald Neufeld, Acting Associate Director, Domestic Operations at USCIS revised the Adjudicator’s Field Manual (AFM) by adding new guidance on adjudicating Form I-360, petition for special Immigrant status, for certain Iraqi nationals.


Classifieds

Position Sought
Experienced immigration specialist/paralegal seeks immigration contract work for law firms on a telecommute basis. Possess 10+ years experience in law firm environment and corporate environment managing the immigration department with primary responsibility for all phases of immigration processing and administration. Provides a wide range of immigration support services to immigration attorneys including, but not limited to: preparation of all IV and NIV documents and support letters (B, H, E, L, TN, O, P, PERM and PR), article and newsletter drafting, onsite I-9 and Public Access File auditing services to arrange corporate compliance with labor and immigration regulations, and coordinating visa applications requiring host-country filings. Resume, writing sample, and references available upon request. Email: imm.specialist@gmail.com.

Help Wanted: Immigration Attorney
Salt Lake City, UT - Alcala Immigration Law Firm seeks an immigration attorney. Two years experience in immigration law preferred. Candidate must possess strong writing, analytical, organizational, and case management skills. Applicant must be fluent in Spanish. We offer an excellent compensation and benefits package. Please e-mail cover letter, resume, references, writing sample, and salary history to: james@VisasUSA.com.

Help Wanted: Immigration Professional
Washington, DC - Maggio & Kattar, P.C. , a fast-paced nationally recognized immigration law firm, seeks highly motivated, detail-oriented receptionist. Excellent interpersonal skills and computer literacy required. Great opportunity for individual interested in working with international clientele and/or legal field; career advancement possibilities. Salary range: $27,000-$31,000. Competitive benefits. Please email resume to: jobs@maggio-kattar.com or fax (202) 483-6801, Attn: Amal Talhame. No calls please.

Help Wanted: Immigration Paralegal
Knoxville, TN - Kramer Rayson LLP seeks an immigration paralegal with experience in the immigration field. Job responsibilities include the preparation and filing of business and employment-related immigration documentation and communications with government agencies and clients. Qualified candidates must have excellent writing, technical, communication and organizational skills with an attention to detail. BA or MA preferred. Please e-mail your confidential resume with your specific experience, salary requirements and writing sample to Marc Upchurch, Executive Director at mupchurch@kramer-rayson.com or fax number (865) 522-5723.

Help Wanted: Immigration Paralegal
Dallas, TX - Law Offices of Richard A. Gump, Jr. P.C., an immigration law firm located in the Galleria area, seeks a full time immigration paralegal. Ideal candidate has a BA degree and a minimum of three years experience preparing employment-based and family-based cases. Please fax resume to: 972-386-9547 or email to: rickgump@rickgump.com.

Help Wanted: Immigration Paralegals
Ridgewood, NJ - Nachman & Associates, PC seeks Senior Immigration Paralegals and a U.S. Office Manager. For the Senior Immigration Paralegal position qualified candidates must have 3+ years of heavy business immigration experience. Senior Paralegal position requires direct client contact, strong communication skills, detail orientation, organizational skills, ability to meet deadlines, interpersonal skills, team-mindedness, customer service skills, PC skills, multi-tasking, and work under pressure. The U.S. Office Manager position will manage the paralegal staff and be responsible for running the U.S. offices. Candidate must possess 2+ yrs of management experience in a law firm and handle: employee orientation, vendors, compliance with firm policies, employee relations, organizing team meetings, and management of work flow and assignments, preparation of engagement letters, A/R and A/P, respond to clients, manage calendar of events. BA preferred. E-mail resume and salary requirement to david_nachman@visaserve.com specifying position in subject line. EOE.

EB-5 Business For Sale
US EB-5 opportunity - Lumber manufacturing, Barnes Manufacturing Co., Kenbridge, VA, Lunenburg County. $2.7 million USD. No debt or inventory included. To view pictures and an appraisal report, see here. To discuss further, contact Thomas Barnes at: barnestb@earthlink.net or call 434-955-0595 (after 10 am EST). All inquiries will be kept confidential.


Headlines

Employers Fight Tough Measures On Immigration
Under pressure from the toughest crackdown on illegal immigration in two decades, employers across the country are fighting back in state legislatures, the federal courts and city halls.

New Missouri Law Goes After Illegal Immigrants
Gov. Matt Blunt was signing legislation Monday that creates new restrictions on illegal immigrants and new requirements for businesses that employ them.


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 Event - Tucson, AZ
July 10 - The Tucson Metropolitan Chamber of Commerce will hold an E-Verify roundtable for employers. For more info, contact Robert Medler at rmedler@tucsonchamber.org or call 792-2250 Ext. 129.


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:
Thanks for all your hard work and dedication. First time I've written you, but thought you might like to note this recent decision for our readers. It's about time. I've practiced immigration for over 30 years and know how vital this is for the very future of our country. We are "all" immigrants. (excluding native americans) "9th Circuit Rules In Favor of Egyptian Copts Seeking Asylum: In Morgan v. Mukasey, (9th Cir., June 25, 2008), the U.S. 9th Circuit Court of Appeals reversed a decision by the Board of Immigration Appeals that had denied asylum to an Egyptian Coptic Christian couple and their three children. The immigration judge in the case found that the couple's testimony about their mistreatment in Egypt lacked credibility. The 9th Circuit concluded, however, that "the immigration judge’s negative credibility determination is fatally marred by the errors we have noted." The court also found due process denials as a result of the immigration judge's refusal to permit two of the couple's children to testify and his ignoring of a psychological report. The court also found significant problems with the fact that the government had lost its copy of the record in the case. The court remanded the case and suggested that it be assigned to a different immigration judge. Yesterday's Los Angeles Metropolitan News-Enterprise reports on the decision."

John Walker, Esq.
Orlando, FL

Dear Editor:
Regarding Mr. Algase's letter (07/08/2008 ID): As usual nativists play from their book of evil false accusations, ultimate hypocrisy and complete ignorance regarding illegal immigrants, welfare abuses and their impact on the environment. It's wealthy Americans that pollute and waste the most in this planet. Driving gass guzzling big SUVs, living in huge McMansions with swimming pools and need massive landscaping and play golf which needs gazzilions gallon of water not the average poor "illegal" Jose or Diego who struggle and work very hard to save money for himself and family back home in Mexico. Illegal "Diego or Jose" don't fly on their private jets as well. It's only African, Asian, Hispanic or White Americans or legal immigrants that can absolutely abuse our welfare system because they're the ones that have their own valid SS numbers, IDs, and proof of citizenships or immigration statuses to obtain those welfare benefits not the undocumented ones. We're sick and tired of these selfish hypocrites who try to preach on and judge others while they sin the most. Closet gays who preach against gay marriage, adulterers and having multiple divorces and preaching about "sanctity of marriage", confessing being conservatives faithful Christians but ignoring the fact that Jesus ask them to be good Samaritans not the selfish Jews as in the Gospel parable. Talking about preserving and protecting our environment let start with looking at the mirror first then we can judge how's "Jose" the illegal doing

Robert Yang

Dear Editor:
The letter of R. Algase (07/08/08 ID) seems to have a problem with the free market and speech with respected, responsible restrictionists running ads. The letter of D. Murray (07/08/08 ID) was very thoughtful. Not all were celebrating our Nation's history over the July 4th holiday. Growing numbers of Aztlaners at public high schools across the Southwest are teaching a radically ethno-centric agenda with a core message that holds the U.S. is a racist police-state that is bent on the oppression of Latinos and other ethnic minorities. John Ward, a former history teacher in Tucson, AZ, who is Latino, resigned due to coursework that was steeped in hard, anti-American rhetoric. "They declared students were living in an occupied, colonized land," Mr. Ward recalled. A central tenet of the instruction was that white Americans oppress Latinos, and that the education system is a tool of white oppression. The impact on students, Mr. Ward said, was dramatic. "They were convinced that anyone who isn't brown is out to get them, to oppress them." When Mr. Ward challenged the angry, one-dimensional instruction, "They called me a racist, a tool of the oppressor, a 'Vendido', which means 'sellout,'" he said. Texts includes titles such as "Occupied America" and "The Pedagogy of Oppression" and the curriculum is known as "Raza Studies" whose focus is that Mexican-Americans are victims of a racist American society driven by the interests of whites and paints American history as a series of lamentable and dishonorable events, that divides students by their ethnicities and then attempts to instill in them a defiant stance toward authority and country which is a noxious form of educational malpractice. The Aztlan movement is not a myth or confined to a few obscure websites.

Jim Roberts

Dear Editor:
Regarding David D. Murray's letter (07/08/08 ID): Americans do want immigation laws be respected. Thats why we oppose illegal immigration. The leter speaks of groups outmaneuvering immigrant rights supporters in the arena of public opinion. Letter mean illegals as the U.S. Bureau of Census clearly show the Latino being the largest group of legal immigrants in the last four decades. This is not racism. It would be racism to favor one race for immigration, as it has been for 4 decades favoring those from Mexico. That is racism against those races of persons from 168 other countries in the world other than Mexico. What the letter wants is racism favoring Mexicans. America is one country where the people established their own physical and social infrastructure and we will continue to pursue fairness to U.S. citizens and our country which we established, suffered for, and have the legal rights to occupy Mr. Yang letter (07/07/08 ID) says illegals are competing with American occupations when the American must pay the taxes, the business requirements by law. So the American businessman must abide by the law and the illegal does not pay his financial responsibilities, but rather utilizes a century of schools, medical hospitals that communities paid for and private individuals gave fortunes to establish only to be bankrupted by the costs of illegals. That is not competition. Lastly, of interest that millions of the worlds third world citizens work as overseas workers. The contention of invading the U.S. because of poverty does not address the lack of seeking income for your families by being overseas workers. Many people work on ships, in the mid east for very good wages. Invading the U.S. is not mandatory to escape poverty.

David Utterback


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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