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Immigration Daily December 14, 2004
Previous Issues
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PW To Delay PERM? RIR Out The Window?

Section 423 of the recently enacted H-1B visa relief legislation says in part "Where the Secretary of Labor uses, or makes available to employers, a governmental survey to determine the prevailing wage, such survey shall provide at least 4 levels of wages commensurate with experience, education, and the level of supervision. Where an existing government survey has only 2 levels, 2 intermediate levels may be created by dividing by 3, the difference between the 2 levels offered, adding the quotient thus obtained to the first level and subtracting that quotient from the second level." Some have suggested that since this provision applies equally to H-1Bs and Labor Certs, the DOL needs to amend the PERM regulation's language to incorporate the new statutorily mandated Prevailing Wage standards. We look at this as establishing an outer limit for PERM publication - early March - since that is when this provision of law goes into effect. However, there is nothing to prevent DOL from getting PERM published first, and then work on an amendment on Prevailing Wage that would apply equally to H-1Bs and Labor Cert cases. That may in fact be a more efficient use of DOL's limited regulation writing resources.

Of more pressing concern are recent reports out of California and other SWAs that DOL's First-in, First-out ("FIFO") concept in processing the labor cert backlog is effectively non-operational in view of DOL's 12/3/04 Carlson Memo as its terms confront budgetary reality and other ugly truths at the SWAs. What may alarm practitioners the most is that RIR cases will in most instances not reach the Backlog Centers at all in the first round of backlog elimination under the terms of DOL's 12/3/04 Carlson Memo. Since this is happening under the spectre of the SWAs' shut-down of their labor cert processing functions, including RIR cases in later rounds of backlog elimination may be cold comfort to practitioners since the RIR system is headed for hibernation over the next few months. Stay on top of fast-moving events in labor certs by signing up for ILW.COM's latest labor cert seminar (discussion led by Angelo Paparelli). The deadline to sign up is Tuesday, December 14th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version:

We welcome readers to share their opinion and ideas with us by writing to


Deadline For Labor Cert Seminar Is Tuesday, December 14th

The deadline to sign up for our most current seminar on Labor Certification led by Angelo Paparelli is Tuesday, December 14th. For more info, detailed curriculum, speaker bios, and registration information, see: (Fax version: Attorneys with significant labor cert practices should remain on top of all labor cert matters at this time of rapid change! Don't delay, sign up today!


Doing NIV Interviews At US Embassy In Seoul: A Primer
Young H. Noh offers a primer on how to handle NIV Interviews at the US Embassy in Seoul.

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USCIS Employer Information Bulletin On Hiring Foreign Nurses
The USCIS issued Employer Information Bulletin #19, a guide to hiring foreign nurses.

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Help Wanted: Immigration Attorney
Anthony Olson, P.A., an immigration law firm in Sarasota, FL, specializing in employment- and family-based immigration law seeks experienced immigration attorney. Preferably 2+ years of experience in employment-based immigration, particularly with labor certs, EB-1, E, H, L, O, P visas. Foreign language skills preferred, especially Spanish or German. Friendly and flexible working conditions with a competitive benefits package. Applicants must be conscientious, self-reliant, detail-oriented, and well-organized. Salary is commensurate with experience. Submit resume to Tony by fax at 941-362-7107 or by email to

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 business immigration attorney 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. Japanese fluency preferred. Email resume & salary requirements in confidence to

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

Dear Editor:
In response to the comment (12/13/04) in ID concerning the contradiction in the TG memo, there's no contradiction if they intend that cases filed after 1/1/05 get a fresh start - seems unfair to previous filers.

Jim J. Liu, Esq.
Philadelphia, PA

Dear Editor:
Illegal aliens have no right to a driver's license or any other benefit in the US. Giving amnesty or even a driver license to an illegal alien who snuck across the border is akin to letting a bank robber keep the money just because he got away with it. Please end the insanity and halt all illegal immigration before this nation turns to anarchy.

O. Sanchez

Dear Editor:
I don't agree with Mr. Steve Carman's comments (12/13/04 ID issue) on the view of conservatives on immigration. I am a staunch conservative, far more conservative in my views than the President or Mr. Cheney. I want a complete ban on abortions, laws that reflect the values of the Christian western civilization, a dramatic downsizing of the federal government, zero welfare and free trade. However, I believe that true traditional conservatives have a positive stance on immigration. This is because the conservative principles of free trade, less government regulation, self-determination, and religious compassion, all point in the direction of an efficient and fairly open legal immigration system. I think that some who claim to be conservatives are, in reality, proponents of a wasteful federal bureaucratic and military machinery that intervenes in every aspect of our lives. This resembles more Mussolini's Italy with a nativist flavor than core traditional US values. Likewise, many "liberals" stand up against immigration and free trade based on phony environmental and worker protection claims. In sum, I do not believe that the "liberal" and "conservative" labels as currently used are correctly reflected on the person's stance on many issues such as immigration.

Washington DC

Dear Editor:
Once again it appears that the immigration problem is causing an individual to submit the withdrawal of his consideration for appointment to a vital government position for which he is apparently most qualified, i.e., to protect our homeland against terrorism. This is not the first time, nor will it probably be the last time, that a most competent candidate must withdraw his/her consideration for an important position just because at some time or other he/she had employed a nanny, a gardener or some other menial employee who lacked a proper paper to work in this country. There are millions in this country who are working here and who lack that necessary paper slip because it is impossible for them to obtain it. Should the millions of Americans who have employed such workers directly or indirectly in the past, no matter how temporarily, be denied participation in the government process no matter how highly qualified these Americans' credentials may be? Instead of being so over concerned about such trivialities, let us concern ourselves with appointing to office the best qualified citizens we can find for good government.

Richard E. Baer

Dear Editor:
The news of DHS nominee Kerik exiting indicates history is repeating itself and will always do as long as the legislatores do not understand that our country can not live without the immigrant labor. I hope this will bring awereness of the urgent need to legalize those that we so desperately cannot live without. The movie "One Day without a Mexican" depicts it clearly. Living the "Do what I say don't do what I do" does not work in terms of immigration also, and if we dig deep into the lives of most Government official workers today, we will find a vast majority one way or the other needed the immigrant labor, illegal or legal.

J. Schwartz


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

New Office
Valerie L. May is pleased to announce the opening of the law firm May Law Group LLC. The firm practices in the field of immigration and naturalization law and is located in the Henry W. Oliver Building, 535 Smithfield Street, Suite 908, Pittsburgh, PA 15222. May Law Group LLC can be reached by telephone at 412-291-4400 or by fax at 412-291-4401.

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 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to 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 or members of the Immigration Daily Advisory Board. The opinions expressed in the Comment section are those of ILW.COM and Immigration Daily and do not necessarily represent the views of the members of the Immigration Daily Advisory Board.

Publisher:  Sam Udani    Legal Editor:  Michele Kim

Advisory Board:   Marc Ellis, Gary Endelman