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Immigration Daily December 28, 2004
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PERM Central

PERM is now finally and officially here (69 FR 77326, Dec 27, 2004). The rule will be effective as of March 28, 2005, i.e. 90 days from today.

There are many points to ponder in the PERM rule (we have identified a several dozen already!) some of which we will explore in future issues. One such point concerns the new 20 CFR 656.17(d) "Refiling Procedures" a.k.a. upgrading to PERM. While that subsection is straightforward in that applications for which a job order has already been issued under the old regs cannot be upgraded to PERM, the situation at 20 CFR 656.17(d)(1)(i) and 20 CFR 656.17(d)(1)(ii) is considerably less clear. 20 CFR 656.17(d)(1)(ii) implies that an attempt to upgrade an existing case to PERM will result in the loss of priority date at the DOL's discretion. Actual experience over the first 3 to 6 months of the PERM program may well show that DOL will exercise this newly acquired regulatory power reasonably and not force a loss of priority date in non-fraudulent cases. However, until more is known on how DOL intends to handle this issue, attorneys may want to advise their clients that upgrading to PERM could result in a loss of priority date.

ILW.COM invites all those knowledgeable in labor certification matters to share their insights on the PERM rule as the immigration law community struggles to come to grips with the new PERM regime. A letter to the Editor could be the perfect way to capture a short comment on any particular point that is noteworthy. A lengthier analysis can be submitted in the form of an article which may appear in future issues of Immigration Daily. We are particularly interested in in-depth analysis of small portions of the PERM rule which we may consider for publication in book form (printed and bound) to be released in the near future by ILW.COM (authors of articles chosen for publication in book form will be paid an honorarium). If you have something valuable to say on PERM, take your pick - letter, article, book chapter - and send it in to

ILW.COM's seminar on PERM is led by Angelo Paparelli and features a number of distinguished practitioners as speakers. The deadline to sign up is Thursday, January 6th. For more info, see: ILW.COM is proud to publish Labor Certification by Joel Stewart - "THE PERM BOOK", the expected Publication Date is Late March 2005. This book will include a lengthy and detailed section-by-section analysis of the entire PERM rule (including changes caused by the Consolidated Appropriations Act, 2005) by Joel Stewart. Books will be shipped out first-ordered, first-shipped. Pre-Publication Orders Being Accepted Now! For more information, please see here.

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



ILW.COM is proud to present THE PERM BOOK - "Labor Certification by Joel Stewart". More info will shortly be posted here. Prepublication copies can be ordered here.


PERM: New Rules for Immigrating through Employment
Carl Shusterman provides an early snap-shot of the advance copy of the PERM rule.

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:


PERM Rule Published In Federal Register
The long awaited PERM rule was published in the Federal Register today. This Federal Register final printed version is a smaller pdf file and is easier to print.

USCIS Employer Bulletin Information On LIFE Act/245(i) Adjustment
The Office of Business Liaison of the USCIS released Employer Information Bulletin 6 providing basic information about the LIFE Act/245(i) Adjustment.

DOJ Immigration Litigation Bulletin: May 2004
The Department of Justice Office of Immigration Litigation released the May 2004 issue of its publication, Immigration Litigation Bulletin (thanks to Dan Kowalski of Bender's Immigration Bulletin for helping to make OIL bulletins available online).

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
The Law Office of Nina Fantl in Austin, Texas seeks a highly motivated, hard-working paralegal with interest in stable, long term employment at a small firm. Must have 1+ years of experience in business immigration, including the preparation of all types of nonimmigrant visa petitions (H-1B, L-1, E-1/2, O-1, TN), and immigrant visa petitions. Highly desirable: Spanish fluency and knowledge of IT. Excellent writing, communication, case management and technology skills. Send your resume + cover letter describing your interest, qualifications, financial requirements and career goals in strict confidence to Nina Fantl at

Help Wanted: Immigration Paralegal
Vorys, Sater, Seymour and Pease LLP, based in Columbus, Ohio, seeks a paralegal with 2+ years experience in employment-based non-immigrant and immigrant categories, including labor certs. Opportunity to play a key role in supporting a mature and expanding practice. Bachelor's degree and ABA certificate preferred. Must be detail-oriented with excellent writing, organizational and computer skills. Good benefits. Salary commensurate with experience. Send resume by mail to: Donna Prehm, Vorys, Sater, Seymour and Pease LLP, PO Box 1008, Columbus, Ohio 43216, by fax: 614-719-4913, or by email:

Help Wanted: Immigration Attorney
Gonzalez and Harris, an A-V rated firm in Pasadena, California, is seeking a highly motivated, hard-working attorney with interest in stable, long term employment on partnership track. Must have four years+ of experience in business immigration, including the preparation of all types of nonimmigrant visa petitions (H-1B, L-1, E-1/2, O-1, TN), and immigrant visa petitions. Highly desirable: experience working with Japanese clients, consular work, health-related occupations, and strong EB1 background. Excellent writing, communication, case management and technology skills; experience motivating, managing and training immigration paralegals. Send your resume + cover letter describing your interest, qualifications, financial requirements and career goals in strict confidence to Josie Gonzalez at

We carry advertisements for Help Wanted: Attorney, Help Wanted: Paralegal, Help Wanted: Other, Positions Sought, Products & Services Offered, etc.
For information on advertising in the classifieds please click here

For services/products of use in your law practice please click here


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

Dear Editor:
I am getting error messages when I try to access the final perm rule through your links (ID 12/27/04). I get a message that my computer cannot read the item requested. Can you help?

Michelle Skole

Editor's Note: The file was a large (4MB+) file which may have been part of the problem. Also, pdf files opened through browsers sometimes cause a freeze-up which usually clears up after a reboot. Try today's Federal Register copy (above) which is a smaller file and may not create a problem in downloading.


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

comingsNgoings To Date
comingsNgoings was launched in late summer. So far, we have received announcements for the following: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner. If you have a professional announcement (not limited to the above), that you wish to share with the Immigration Daily community, send your professional announcement to: comingsNgoings announcements is a free service.

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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