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Immigration Daily December 2, 2004
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We welcome readers to share their opinion and ideas with us by writing to


PERM Softly Creeping: Backlog Reduction, Regional Processing And Other Troubling Sounds Of Silence

For years now, U.S. employers and immigration lawyers have been waiting in fearful anticipation. Apprehensively, we anticipate the oft-promised, long-delayed arrival of the Labor Department's PERM regulation - the new "streamlined' regime governing U.S. labor-market testing.

While "mum's [still] the word" on the contents of PERM, or even the confirmed date of its publication, other profound developments will soon transform labor certification practice. These significant changes loom on the immediate horizon

  • Two "BRCs" (Backlog Reduction Centers) have been established in Dallas and Philadelphia.
  • Mildewed cases filed years ago are now being trucked from the State Workforce Agencies to the BRCs, reportedly for "first-in, first-out" processing.
  • The Alien Employment Certification staff at the SWAs have been assigned other duties or given pink slips.
  • SWAs will no longer process labor certifications but merely provide prevailing wage determinations.
  • Non-Government Contractors operating under a performance agreement have two years to plough through the backlog.
  • Whether or not PERM arrives before year-end as promised, starting no later than March, 2005 ALL applications must be filed and adjudicated at the two NPCs (National Processing Centers).
  • Meantime, the State Department predicts a retrogression of priority dates in January, and immigration attorneys and employers must decide on strategies for today's cases.
Urgent questions arise but the government to date has responded only with the sounds of silence:

  • Is "Reduction in Recruitment" still a viable strategy?
  • Can we afford to await the time required for pre-filing recruitment?
  • Will "Traditional" labor certification cases be processed more quickly than the RIRs in light of the new backlog-reduction initiatives?
  • How long will be the after-life of "business necessity", "experience gained with an affiliated employer abroad" and other common-law enhancements to labor-certification practice?
  • Will the Labor Department's new fraud-prevention measures unfairly entangle and delay legitimate cases?
  • How should we prepare our submissions so that newly-trained contractors do not wrongly reject or deny applications?
  • What can be done to challenge inflated prevailing-wage determinations once the 95% rule is history?
  • How do we best position our cases to allow conversion or upgrading to the new PERM process?

In this newest tele-seminar, PERM Softly Creeping: Backlog Reduction, Regional Processing And Other Troubling Sounds Of Silence, ILW.COM is pleased to present the nation's leading experts who will provide up-to-the-minute information and suggested practice strategies.

Because PERM rules could be published at any time, however, the program agenda and the content of the sessions will be adjusted to accommodate an in-depth analysis of the final PERM rule as soon as the PERM rule is published.

FIRST Phone Session on December 16th: Detailed agenda will be adjusted as necessary.

SECOND Phone Session on January 10th: Detailed agenda will be adjusted as necessary.

THIRD Phone Session on February 10th: Detailed agenda will be adjusted as necessary.

The deadline to sign up is Tuesday, December 14th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:


Update On E-filing
Jill Sheldon, Esq. writes "E-filing through the USCIS website has expanded significantly since the program began over a year ago."

Keep on top of the latest in immigration law! Attend ILW.COM seminars! You can attend ILW.COM phone seminars from the convenience of your office! For more info on the seminars currently available, please click here:


DOL Announces Relocation Of Foreign Labor Cert Staff
The Employment and Training Administration of the Department of Labor published notice in the Federal Register that DOL has moved its Foreign Labor Certification field staff in the Dallas and Philadelphia Regional Offices to the new Dallas and Philadelphia Backlog Processing Centers.

DHS Secretary Ridge Resigns
DHS Secretary Ridge in a press conference announced that he submitted his letter of resignation to the President and stated that he would serve as DHS Secretary through February 1st.

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 Attorney
Ronald W. Freeman, P.C. is an employment-based immigration law firm located in downtown New York City with a diverse corporate client base, including numerous Japanese companies. We are looking for an experienced attorney fluent in both Japanese and English to join our team. Must have experience in nonimmigrant business visas and other business-related immigration matters. Strong communication (written & verbal) and case management skills required. Email resume & salary requirements in confidence to

Help Wanted: Immigration Attorney
Tired of the cold? Why not join us in sunny Arizona, 20 minutes from downtown Phoenix? Employment-based firm with Fortune 500 clientele seeks a full-time lawyer to join our team. Must have at least two years employment immigration experience, excellent research and writing skills, and an exceptional client service approach. Experience with J-1 waiver/NIW physician cases a plus. Excellent salary and benefits including health, dental, vision, long and short term disability, retirement benefits, and paid AILA conferences. Arizona offers year-round hiking, camping, boating, professional sports and the Grand Canyon. Email cover letter with resume + salary requirements to Theresa M. Talbert:

Help Wanted: Immigration Attorney
Microsoft Corporation has an immediate opportunity to join our dynamic team in the law and corporate affairs department in Redmond, Washington. The position requires excellent academic credentials, 4-6 years experience in all nonimmigrant business visas, labor certifications, and other business-related immigration matters. Strong case management, communication and writing skills are required. Must be customer-service focused and able to thrive in a challenging and fast-paced environment. Prior experience managing legal staff and proficiency with Microsoft technology a plus. Microsoft offers a competitive salary, excellent benefits and casual workplace environment. Please submit your response in Word format to Please indicate job code N145-122703 in the subject line. Microsoft is an equal opportunity employer (EOE) and strongly supports diversity in the workplace.

Help Wanted: Immigration Attorney
For over 45 years, Jackson Lewis LLP, a national employment and labor law firm has been exclusively representing management. Jackson Lewis seeks an immigration attorney in its Miami office for its immigration practice group. 7-10 years experience in employment based immigration law preferred. Candidate must have excellent communication (verbal + written skills) and case management experience. Send resume and writing sample in confidence to Judi Sebastian by fax: 305-373-9966 or e-mail: EOE.

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Readers are welcome to share their comments, email: (300-words or fewer preferred).

Dear Editor:
Do you think there's ever going to be a waiver for those who claimed false citizenship and are barred from re-entering the U.S.A? This law is affecting millions of people including my wife. Is there any laws that will dismantle the 1996 law so that those people can get a least a temp visa or non immigrant visa?


Dear Editor:
Regarding Sebastian's recent letter, if we were importing 65,000 lawyers a year, you can bet the American Bar Association would be up in arms. As it is, we're importing large numbers of workers in a limited range of professions which has the effect of suppressing salaries in these professions. The relevant comparison is not with all workers in the U.S. but with the number of workers in the affected professions. Unemployment in IT, the most affected of these professions, is running around 7 percent, not including workers who have left the profession. Salary suppression also makes these professions less attractive to Americans who know that companies prefer to hire foreign workers whom they can control--ironic, given the pleas of Bill Gates for more American students to go into these professions. If we really need these imported workers, I would again suggest, as I have many times before, that we either make the program truly temporary (no path to a green card) or accept these workers as immigrants in the first place, enabling them to change jobs at will without being under the control of a company for six years. Either of these lets market forces work, without the artificial subsidy to employers that the H1-B currently creates. That is, of course, if one truly believes in "free trade".

Ali Alexander

Dear Editor:
The question I pose in response to Mr. Frecker's letter is, are students immigrants? A reasonable person would say that immigrants are migrating, intending to set down roots, be permanent. Students, are "temporary", coming here to learn and return to their homeland therefore, non-immigrants. The statement immigrants are not terrorist is correct.

Kim Mensah

Dear Editor:
I will attend ILW.COM's 3-part upcoming PERM phone seminar. I have been paying attention to PERM. I check the OMB website concerning about PERM every day. There is a difference between yesterday and today's posting. The updated posting on November 30th on the OMB website stated that there was a "change in status" and that the review was extended. What does review extended mean?

John Li


Readers can share their professional announcements (100-words or less at no charge), email:

New Offices
Kathia Pereira, Esq. is proud to announce the opening of Pereira & Associates, LLP, a Nevada law firm, dedicated to providing the highest quality immigration services in the Las Vegas area. Our office is located at 4000 S. Eastern Ave., tel: (702)737-7717 or fax (702)737-7713. Joining Kathia is Gloria M. Curila, J.D. as law clerk.

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. Send Correspondence and articles to Letters and articles may be edited and may be published and otherwise used in any medium. Opinions expressed in letters and articles do not necessarily reflect the opinion of ILW.COM.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Editorial Advisory Board:   Marc Ellis, Gary Endelman

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