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Immigration Daily October 22, 2004
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Earthquake In Labor Certs

On September 29, 2004, the Assistant Secretary of the Employment and Training Administration of the Department of Labor issued "FY 2005 Transition Guidance" (the TG). This document marks the biggest change in labor certification practice and policy in a quarter century. This will have much bigger impact than GAL 1-97. We reproduce below key excerpts with our brief comments.

  • "We are proceeding with plans that assume the final PERM regulation will be published before the end of calendar year 2004 and the new program will be operational within 60 days of publication." (TG at page 1) Comment: Note the change in operational time for PERM from 120 days to 60 days.
  • "In the event the PERM regulation is not published, we have developed [a] contingency plan ... [The Atlanta and Chicago] national centers are expected to operational by the end of this calendar year." (TG at page 1-2) Comment: Note that ETA intends to centralize and federalize labor certification processing within the next few months, regardless of whether PERM is published or not.
  • "[S]tates should adjust their staffing levels." (TG at page 4) Comment: Most SWA labor cert employees will be out of a job within the next several months.
  • "ETA believes that the national processsing of backlogged permanent labor certifcation cases using the first-in, first-out (FIFO) principle, regardless of the location where the case was originally filed, is an equitable and fair approach to all applicants." (TG Attachment 1 at page 1) Comment: What this means is that early next year, the only labor certification applications that will be actively processed will be those from the severely backlogged states such as California, New York, and New Jersey. Labor certification application processing for the majority of states, especially the smaller states, will likely come to a halt for a one or two-year period beginning early next year while the backlogs of the larger states are worked down according to the FIFO rule.
Labor certification issues will be discussed at the final session of "Preparing for PERM with Joel Stewart" on November 4th. More information can be found be here. To read the entire text of the TG and all its attachments, see here.


Immigration Law Books - Latest Editions Shipping Now

No immigration attorney should be without a complete, up-to-date reference library for all his/her primary resource needs. The 2004 edition of The Whole Act INA, provides annotations, footnotes, editorial notes, updated Topical Index with a separate Index of Appendices, and 49 Appendices, to help both novice and experienced practitioners alike efficiently navigate the complex labryinth of immigration statutes. The 2004 edition of regulations in 2 volumes (both immigration regulations 8 CFR and all immigration-related regulations of the DOL, DOS, and DOJ) includes the latest changes in the regulations + handy and most detailed Topical Indices for each. The 2004 edition of Patel's Citations, covering the history and treatment of all reported administrative precedent decisions under immigration and nationality law, keeps you abreast of the status and standing of all such immigration citations (e.g., reversed, affirmed, modified, followed or not followed, criticized, distinguished, etc.). This entire reference library consisting of the Act, Regulations, and Citations, is an indispensable reference tool that you will reach for day after day. We offer a 30-day money-back guarantee. If you're not satisfied with your purchase within 30 days of receipt, you can request a full refund - no questions asked. For more information see here.


Comma Sense
Diane Sandford writes "The comma is the least emphatic, most humble, and yet most utilitarian of punctuation marks."

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CRS Report On HR 10 And S2845
The Congressional Research Service issued a comparative analysis of H.R. 10 (9/11 Recommendations Implementation Act) and S. 2845 (National Intelligence Reform Act of 2004).

CRS Report On TPS Option For Haitians
The Congressional Research Service issued a memorandum of an analysis of the option of Temporary Protected Status (TPS) for Haitians affected by Tropical Storm Jeanne, as compared to other instances in which TPS has been granted as a result of natural disasters.

Attorney listings on ILW.COM are searched 200,000 times/year! Each attorney listed is searched an average of once each day! Just one new client will pay for the entire year's fee! Click here for more info:


Help Wanted: Immigration Paralegal
Bernard P. Wolfsdorf, a Prof Law Corp. seeks experienced paralegal for its South Bay, Southern CA (Torrance) office. Ideal candidates should have bachelor's degree, experience with all aspects of business immigration, including all types of immigrant visa petitions, labor certifications, adjustment of status and consular processing, and nonimmigrant visa petitions (particularly Hs, Ls, TNs, and Os). Will manage caseload with large degree of independence, communicate with clients regarding procedural and case processing issues, update and maintain client status reports, prepare bills, and serve as a team resource. Submit resume and cover letter to Ms. Michele A. Buchanan, Esq. at Bernard P. Wolfsdorf, P.L.C. is an equal opportunity employer.

Help Wanted: Immigration Attorneys
Berry Appleman & Leiden LLP, a global corporate immigration law firm, seeks Associate Attorneys with 3+ (Senior Associates with 5+) years of business immigration experience for our San Francisco Office. Our attorneys work in a fast-paced, high volume practice with advanced practice tools and a state-of-the-art case management system. Experience in a range of business immigration matters, ability to provide exceptional client service, experience managing legal assistants, and superb analytical, organizational and case management skills are expected. We strive for excellence in legal practice in a collegial environment, promoting cooperation and learning from each other. We offer competitive salary and benefits. Please submit your resume via email to or by fax to 415-391-1642.

J-1 Training Visa Sponsor
Discover the ease and flexibility of the J-1 training visa with Aiesec United States. At Aiesec, we provide an unparalleled commitment to customer service, offering 24 to 48 hour turnaround on approved J-1 training visa applications, free consultation on potential training programs and a wealth of information about J-1 training visa regulations. We also offer logistical and cultural reception services in several locations across the country. Our J-1 training 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. You can learn more about Aiesec and the J-1 training visa at or by calling Jim Kelly at (212) 757-3774 ext.222.

Help Wanted: Immigration Attorney
Rifkin & Fox-Isicoff, P.A., an A-V rated Miami-based immigration law firm seeks bilingual (English/Spanish) attorney with 2-5 years experience in areas of immigration litigation and family based and employment based immigrant visa processing. Salary commensurate with experience. Excellent benefits. Send your resume only by e-mail/fax to Caridad Anton, Administrator, Rifkin & Fox-Isicoff, P.A. 1110 Brickell Avenue, #210, Miami, FL 33131 Fax (305) 375-9517 e-mail

Credential Evaluation And Translation Service
Do you need a free initial consultation regarding an educational evaluation? American Evaluation and Translation Service, Inc. (AETS) provides free reviews of educational documentation. AETS will review the educational documentation submitted and call/email to update you on the exact U.S. educational equivalency. AETS' competitive prices for educational evaluations are: ($50 - 10 business days), ($70 - 5 business days), ($90 - 3 business days), ($100 - 24-hrs), ($125 - same-day) turn-around. AETS also provides 'Expert Opinion' Work Experience and Position Evaluations completed by PhD university professors that start at ($200 - 10 business days) service. For a complete list of prices and turn-around times, see: In addition, AETS provides certified translations in 100+ languages, with translators that are specialists in 80+ fields. To receive a copy of the Application for Credential Evaluation and Translation Services, contact AETS at (786) 276-8190,, or

Help Wanted: Immigration Attorney
Small NYC downtown firm seeks experienced immigration attorney. Litigation and N.I.V. experience a must. Management and organizational skills preferred. Fax resume to 212-766-4380 or e-mail Please provide cover letter and salary requirements.

Help Wanted: Immigration Attorney
San Diego-Based Larrabee & Zimmerman LLC is seeking the right individual to fill an associate attorney position. The successful candidate will have a minimum of 3-5 years of business immigration experience in a high volume, busy immigration office. Excellent writing and verbal communication skills required. Demonstrated ability to handle a large number of corporate clients with overall responsibility for all aspects of their immigration legal needs. Strong substantive knowledge of labor certifications, all nonimmigrant categories, adjustment of status, consular processing as well as NIW, and all EB-1 petitions required. Those with less than 3 years of such experience will not be considered. Experience with family-based, asylum and removal defense not relevant to this position. Salary commensurate with experience. Excellent benefits offered. CA bar membership a plus and will be required for any long term employment. Send your resume and salary requirements to (no calls please).

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
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Readers are welcome to share their comments, email: (300-words or fewer preferred).

Dear Editor:
I would have to agree with Mr. Murray, Esq. on the subject. There is such a thing as having 2 jobs and keeping them seperate. I would have no problems hiring a CIS contracted employee as a paralegal. If "Name Withheld by Request" has a serious problem with ethics, "Name Withheld by Request" should not to be a chicken and say so. Dont hide behind it. This is a country were we do have the freedom of speech. Opinions are opinions.

San Bernardino, CA

Dear Editor:
I am paying attention to the PERM regulation. Could you give me update information about PERM from OMB, DOL or AILA? Could you confirm whether or not OMB has completed its review of PERM? When DOL will publicate PERM regulation on Federal Register?


Dear Editor:
We are looking for any info on how to locate documentation on a specific lawyer who was found to be guilty of taking 100's of illegal Mexican's dollars and fraudulant practices.

Ken and Jan Stottler

Dear Editor:
Americans are not able to compete on a level playing field, be it advanced degree holders or agricultural workers, as long as the employer controls the ability of the worker to remain in this country. The possibility of a green card is held out by the company as part of the compensation it can offer and has a very real value to the employee. The green card is actually a government subsidy to companies, and puts American workers at a disadvantage because they don't need one. Foreign graduate students that come to this country, particularly those in the sciences, are willing to take the grunt academic jobs because they hope to get green cards. American students place no value on the green card, and face an opportunity cost in pursuing a science graduate degree. Immigrants and American workers need a revision of immigration policy. Abolish guest worker visas and replace them with a reformed green card process (freeing workers to change jobs at will and to receive market salaries) or make them truly temporary, with no possibility of changing to immigrant status (foreign workers, knowing there's no chance of remaining in the US with this visa, will negotiate a salary to compensate). Either way, the green card economic benefit would be removed from the salary equation, and result in fair competition among US and foreign workers.

Ali Alexander


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