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Well, it's the DHS equivalent. This story is SPECTACULAR!Jim Slaughter, an officer with DHS' Customs and Border Protection (he works at the San Luis, Arizona border station), has sued DHS' Immigration and Customs Enforcement for a raid on his home. Here's the story from KSWT, the CBS television affiliate in Yuma, Arizona:
A Customs and Border Protection officer says the Department of Homeland
Security violated his constitutional rights. Jim Slaughter and his wife Sheila
were doing laundry last July when, they say, a group of Immigration and Customs
Enforcement agents showed up on their doorstep looking for a fugitive.
"My wife said is this candid camera and that kind of ticked him off a little
bit and he says no mam you need to step back," says Jim. The couple claims they
were ordered to stand in the middle of their living room as agents were about to
search their home.
"I said do you realize i'm a U.S. Customs K-9 officer at San Luis, Arizona
and they all just froze. The lead agent, his eyes got real big, and he's like
what? You are?" In fact Jim has worked for CBP for seven years. He says the
agents immediately retreated.
In March, Jim's attorney filed a lawsuit against the Department of Homeland
Security citing a violation of the fourth ammendment for protection against
unreasonable searches.OK, just to be serious for a moment. Doesn't this story really tell you how out of control the raids have gotten?
-----------------IMMIGRATION DAILY FROM ILW.COM------------------
April 7, 2009
Items:1. Comment: Inventors Hall Of Fame2. Focus: US Tax Compliance For Immigrants And Employers: The Lawyer's Complete Guide3. Articles: (a) Signs Of Change In Immigration Enforcement Policies Emerging From DHS by Muzaffar Chishti and Claire Bergeron for the Migration Policy Institute (b) California Supreme Court Unanimously Supports The Broadest View Of State And Local Government Authority To Enforce Immigration Law by Michael Hethmon (c) Bloggings On PERM Labor Certification by Joel Stewart4. News: (a) DOS Cable On Website Changes (b) DHS Announces Mexican Repatriation Agreement (c) DHS Stops Sending All Asylum Applications To DOS5. Classifieds: (a) Help Wanted: Immigration Paralegal (b) Help Wanted: Immigration Professional (c) Immigration Law Certificate (d) Website Services6. Headlines: (a) Catholic Church Encourages Illegal Immigration After Losses From Molestation Scandal (b) State Officials Looking At Effects Of New Immigration Statutes (c) National Journal Reported That Mccain "Buck[Ed] His Party On Immigration," But Ignored His Reversal (d) Aunt's Case Indicative Of Immigration Non-Enforcement7. ComingsNGoings: (a) Immigration Event8. Letters From: (a) Honza Prchal, Esq. (b) David D. Murray, Esq. (c) Sid Lachter, Esq. (d) Tim Houghtaling (e) Anita Atieno
|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|Books On Immigration Law: http://www.ilw.com/store/Immigration Law Seminars: http://www.ilw.com/seminars/Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtmAdvertise: http://www.ilw.com/corporate/advertise.shtm|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|_________________________________________________________________1. COMMENT
Inventors Hall Of Fame
The Cleveland Plain Dealer reports "When it celebrates the spiritof invention next month, Akron's National Inventors Hall of Famewill quietly acknowledge a little-known facet of Americaninnovation: Seven of the 16 people being honored as greatAmerican inventors are immigrants." For the full story, see here.http://www.cleveland.com/news/plaindealer/robert_smith/index.ssf?/base/opinion/123866102865520.xml&coll=2
We welcome readers to share their opinion and ideas with us bywriting to mailto:firstname.lastname@example.org._________________________________________________________________2. FOCUS
US Tax Compliance For Immigrants And Employers: The Lawyer'sComplete Guide
ILW.COM is pleased to announce a new book on tax compliance forimmigrants and employers authored by noted authority PaulaSinger. The outline is as follows:++International Aspects of Individual U.S. Tax Returns++A Guide for Filing IRS Forms 1042 and 1042-S++L-1 Intracompany Transferees on U.S. Assignment++J-1 Nonstudent Exchange Visitors Performing U.S. Services++U.S. Taxation of H-1B Specialty Workers++U.S. Taxation of B-1 Business Visitors++U.S. Taxation of Foreign Students++Tax Treaty Benefits for Foreign Nationals Performing U.S.Services++What You Need to Know About Exchange VisitorsFor more info, including how to place a pre-publication order,please see: http://www.ilw.com/store/tax.shtm.http://www.ilw.com/store/tax.shtmFor info/ordering by fax, please see:http://www.ilw.com/store/tax.pdf_________________________________________________________________3. ARTICLES
(a) Signs Of Change In Immigration Enforcement Policies EmergingFrom DHS
Muzaffar Chishti and Claire Bergeron for the Migration PolicyInstitute write "The new guidelines, which will be issued withinthe next few months, are expected to direct state and local lawenforcement agencies participating in the program to primarilytarget immigrants with criminal convictions rather than ordinaryimmigration-status violators."http://www.ilw.com/articles/2009,0407-chishti.shtmhttp://www.migrationinformation.org/
(b) California Supreme Court Unanimously Supports The BroadestView Of State And Local Government Authority To EnforceImmigration Law
Michael Hethmon writes "With almost no notice from the media orimmigration bar, the California Supreme Court - the mostinfluential state high court in the nation on immigration law -has issued an opinion that significantly expands the authority ofstate and local governments to enforce federal immigration lawand of state courts to adjudicate violations of such laws."http://www.ilw.com/articles/2009,0407-hethmon.shtmhttp://www.irli.org/attorneys.html
(c) Bloggings On PERM Labor Certification
Joel Stewart writes "As most jobs exceed the limit of two to fouryears of preparation time, the application for PERM will resultin an audit."http://www.ilw.com/articles/2009,0407-stewart.shtmhttp://blogs.ilw.com/joelstewart/
To submit an Article for consideration, write tomailto:email@example.com_________________________________________________________________4. NEWS
(a) DOS Cable On Website Changes
The Department of State released an action cable announcing thatthe Unitedstatesvisas.gov (Destination USA) portal website wasdecommissioned on March 16, 2009.http://www.ilw.com/immigdaily/news/2009,0407-cable.shtm
(b) DHS Announces Mexican Repatriation Agreement
DHS Secretary Janet Napolitano and Mexican Foreign SecretaryPatricia Espinosa announced following their meeting on Fridaythat Mexico and the US have reached agreement on formalizedarrangements for the expedited and humane repatriation of Mexicannationals.http://www.ilw.com/immigdaily/news/2009,0407-mexico.shtm
(c) DHS Stops Sending All Asylum Applications To DOS
DHS published notice in the Federal Register, effective April 6,2009, providing that USCIS will no longer forward all affirmativeasylum applications to DOS. Instead, USCIS will send affirmativeasylum applications to DOS only when USCIS believes DOS may havecountry conditions information relevant to the case.http://www.ilw.com/immigdaily/news/2009,0407-asylum.shtm_________________________________________________________________5. CLASSIFIEDS
(a) Help Wanted: Immigration ParalegalNYC - Established boutique law firm seeks experienced paralegalwho desires to work from home, part-time. We specialize in O-1and EB-1A in the arts and entertainment, with a selection of H-1,L-1 and family cases. The ideal candidate will: 1) haveexperience in our practice area, 2) have an interest and talentfor organizing, excerpting and summarizing evidence in a lengthysubmission letter (for O-1 and EB-1 cases), 3) be self-motivating, and will 4) work efficiently, timely and in anorganized fashion. We communicate via emails and couriers. Thecandidate will augment our current team of telecommutingparalegals. We project 5-15 cases per month. The candidate musthave necessary computer equipment, software and skills for thisposition. We pay by the hour or per case. Please forwarddetailed resume, writing sample for EB-1A case, and tworeferences to: mailto:firstname.lastname@example.org.
(b) Help Wanted: Immigration ProfessionalNew Orleans, LA - Tulane University seeks a dynamic immigrationprofessional for the position of Program Manager in the Office ofInternational Students and Scholars (OISS). The Program Manager:ensures Tulane's compliance with US immigration regulations andprocedures with regards to H-1B and TN visas; is principalcontact for the hiring of Tulane int'l faculty and staff; ensuresintl'l faculty/staff receive proper immigration documentation andunderstanding of US immigration procedures; assists with F-1 andJ-1 visa processing; helps retain int'l students to successfullycomplete academic course of study through programming.Requirements include: bachelor's degree and 2+ years int'leducation experience at college level or equivalent. Salary is$34,080-$43,000/yr, depending on experience. To view full jobdetails (scroll down to Manager, Program) and to apply visit herehttp://www.profilesams.com/index.asp?siteid=TULNAMSrefer to job listing #102583.
(c) Immigration Law CertificateMaster the complex and ever changing maze of immigration policiesand regulations with the Immigration Law Studies CertificateProgram offered by CUNY's School of Professional Studies. Thisgraduate-level certificate program, consisting of (3) three-credit classes, offers students who complete it a comprehensiveunderstanding of the laws, regulations, and processes surroundingthe status of immigrants in the US, including family andemployment-based immigration and deportation defense. It isdesigned for individuals working in law firms, companies,government agencies and nonprofit organizations where theyinteract with immigrants and immigrant legal concerns on aregular basis and would therefore benefit from greater knowledgeof the laws and regulations surrounding immigration. Beginningthis spring, the program is also being offered online. For moreinformation on class schedules, tuition and fees, courseapplications and to register, see here.http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP
(d) Website ServicesGain the competitive edge with your new website from INSZoom, theworld's largest immigration software company. Choose from a rangeof template websites, complete with customized logos and images,60-70 pps. of professionally written immigration law contentincluding news articles, processing dates, and priority timesposted directly on your site. Our search engine optimizationtools will increase your web traffic and prioritize your site inthe major search engines. Our content management tool lets youupdate your site in real time. Customized intake sheets let youintegrate your case management software directly into your site.Biweekly newsletters and email blast tools enable you to stay inconstant touch with current clients and strengthen your potentialclient base. Build leads and maintain a professional presence ata reasonable cost with websites from INSZoom. Learn more onlineat http://www.inszoom.com/websitesor contact a sales representative at (925) 244-0600 to start theprocess of launching your new website today._________________________________________________________________6. Headlines
(a) Catholic Church Encourages Illegal Immigration After LossesFrom Molestation Scandal
The coffers of U.S. Catholic churches have been running on emptyand the church sees the pocketbooks of illegal immigrants as itsonly hope.
(b) State Officials Looking At Effects Of New ImmigrationStatutes
Preparations are moving forward on upcoming implementation of newUtah immigration statutes as state officials wait to see howpending federal policy changes could affect enforcement efforts.
(c) National Journal Reported That Mccain "Buck[Ed] His Party OnImmigration," But Ignored His Reversal
As Media Matters for America has noted, during the campaign, newsoutlets repeatedly touted McCain as a leader on immigrationreform without noting his reversal.
(d) Aunt's Case Indicative Of Immigration Non-Enforcement
An immigration reform activist says the recent decision by animmigration judge to allow President Obama's aunt, who is in thecountry illegally, to extend her stay in the U.S. is symptomaticof the problem with immigration enforcement in America.
For links to the above stories see here:http://www.ilw.com/immigdaily/digest/2009,0407.shtm#Headlines_________________________________________________________________7. ComingsNGoings
Readers can share professional announcements (up to 100-words atno charge), email: mailto:email@example.com. To announce your event,see here http://www.ilw.com/corporate/media_sponsor.shtm
(a) Immigration EventApril 28, 2009, 2:00pm ET - ILW.COM is pleased to invite you toattend a 30 minute Webinar presentation entitled "How To SurviveThe Immigration Law Downturn" at no charge. Speakers include GregSiskind, Boris Palanov, and Sam Udani. Discussion topics includehow immigration law firms can effectively use technology toincrease efficiency, a detailed analysis of the state of theimmigration law field (by practice area and region), how webconferencing can save you money, including a feature webconferencing demo. The call will consist of 20 minutes ofpresentation, followed by a Q&A. Immigration attorneys areinvited to register. Participation is limited and is first come,first served. To register, see here.http://tinyurl.com/dbdcyvThis event is sponsored by Intercall, the world's largest audio,web and video conferencing provider._________________________________________________________________8. LETTERS
Readers can share comments, email: mailto:firstname.lastname@example.org (up to300-words). Past correspondence is available in our archiveshttp://www.ilw.com/immigdaily/archives.shtm
(a) Dear Editor:I see much potential for those old-fashioned stories ofgovernment dysfunction to ratchet on up in the coming months(04/02/09 ID). (1) knowledgeable people complain that employeesare still getting raided in violation of a speech by JanetNapolitano. Greg Siskind writes "Now it appears that some at ICEare reveling in taking on the boss of the agency and, byextension, the new President. (see 04/02/09 ID) (2) However,there appears to be a solution for the plight of illegals roundedup in said raids, see ICE Releases Workers Arrested In WashingtonRaid(see 04/02/09 ID). Then there is a reminder of stepped upemployer enforcement coming. Kafka-land, here we come. Can anemployer hire these people if illegal aliens are allowed to workafter detention without civil liability? Can I bring a suit fromlegally present job applicants who had been rejected?Honza Prchal, Esq.
(b) Dear Editor:I'm weary of the of hearing the same old tired tune sung byRogelio Quesada's letter (04-06/09 ID), the lyrics proclaimingthat H-1B's " ... are basically obligated to stay on the job thenwork for less money than U.S. citizens." That is simply not truefor the most part. Of course there are always a few scofflaws whofeel no qualms about cheating, lying on applications, and someeven hiring illegal aliens they know or should know to beillegal. The H-1B regulations require an employer to pay theprevailing wage, as determined by the US Department of Labor, forthe H-1B job in the geographical area where it is to beperformed. The government has audit powers and both the StateDepartment and USCIS insure the regulations are followed. If anH-1B changes status in the US and then, say a year or so later,goes home to India to visit parents, he must apply for an H-1Bvisa stamp, where the Visa Officer asks for payroll records andtax returns. If the H-1B does not leave after COS, or doesinitial consular processing for the H-1B, at time of theextension of the H-1B petition, USCIS will ask for payrollrecords and tax returns. It is sad that those with littleknowledge about the immigration system feel no shame in parrotingthat which they have heard from anti-immigrationists. As to Mr.Quesada's letter's reference to "Old Bill Gates" - "Old Bill" didnot become a billionaire by being stupid. I will venture to guessMicrosoft pays prevailing wage and has their I-9's in order -they can't afford not to - lest they end up like Wal-Mart, with aconsent decree against them and little hoops they will need tojump through for years to come.David D. Murray, Esq. Newport Beach, CA
(c) Dear Editor:An April 6 letter repeated the anti-H-1B visa myth that "onceforeign workers are hired they are basically obligated to stay onthe job then work for less money than U.S. citizens." Wrong.Getting a new visa for an H-1B employee who wants to change jobsis usually just a formality, and an H-1B employee cannot legallybe paid less than the prevailing wage for his or her type of jobin his or her geographic area. In fact, my experience in morethan twenty-five years of H-1B work is that H-1B employees aretypically paid much more than the prevailing wage. Of course,H-1B opponents will not let reality interfere with what they wantto believe.Sid Lachter, Esq.
(d) Dear Editor:Hurray to David D. Murray, Esq.'s letters. His letters provide asane voice in the sea of blabbering fools when it comes to theissue of "racial profiling". At last some legal type to mentionthat the concept of "probable cause" frequently begins with thesmallest observation followed by several or many more untilanswering the question: "Is this person doing what a normal lawabiding individual would be doing in this location at this timeof day/night?" A seasoned law enforcement officer can and doesobserve, access, and sort out the wheat from the chafe. She/ Hedoes this rapidly and without need of some written recorddepending on if the person observed is up to no good or not. Whatis profiled is the look and actions of individuals afraid ofauthority because they are doing wrong. It is all part of a bigpuzzle that cannot be observed until the last piece is in place.That's called police work. I vividly recall years ago when ablack New Orleans Officer observed what appeared to be a whitemale in a black neighborhood late at night. It was good policework to ask the question "Is there something amiss here?". Thatlight skinned african american had just killed a Detroit policeofficer in a huge shootout. Thanks to the good police work ofthat inquisitive officer the lives of others were spared. Racialprofiling? No, simply good police work. Accept the fact thereis a difference. Fools at their own jeopardy seek to hamstringgood police work. Some dark night they may need help from anofficer all to victimized by onslaught of criticism to promptlyprovide that life saving effort.Tim Houghtaling
(e) Dear Editor:I read Ms. Swanson's letter (04/06/09 ID), and it made me feelgood that there is someone out there who can stand up to theselow self esteemed men who abuse women. Thanks to Ms. Swanson'sletter for responding to Jtanyu's letter (03/30/09 ID). Someoneneeds to remind people that before any arrest is made there hasto be investigation and if there is physical evidence thats it.Anita Atieno_________________________________________________________________The first daily in the field of immigration. Forward this to acolleague!
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That's an apt comparison. And for those not familiar with this guy, trust me, this is no compliment. By the way, for those Arpaio fans who will probably post something obnoxious in the comments, Connor had people who made identical arguments about African-Americans violated segregation laws. Mayor Phil Gordon is worried that Arpaio is ruining the state's reputation. The fear is certainly justified.In a separate development that made me laugh, Sheriff Joe is calling the House hearing on Arpaio's activities a "witch hunt" that is just a "publicity stunt." Isn't that the pot calling the kettle black? Google "Arpaio publicity stunt" and you'll get more than 4,200 hits. The man depends on publicity like it is oxygen.
These are four different concepts that interact among themselves.
Job Zone Levels are used on the O*Net to categorize jobs according to complexity. There are five job zone levels, from level one (jobs requiring little or no training) to level five (jobs requiring higher education, training and experience). Several weeks ago I wrote about Job Zone Level Five which has slightly more than 100 occupations described on the O*Net, and I identified eight positions that could be used by businesses:
(1) 25-9011.00 - Audio-Visual Collections Specialists
(2) 11-1011.00 - Chief Executives
(3) 19-3011.00 - Economists
(4) 15-1011.00 - Computer and Information Scientists, Research
(5) 11-9041.00 - Engineering Managers
(6) 15-2031.00 - Operations Research Analysts
(7) 15-2041.00 - Statisticians
(8) 11-3031.01 - Treasurers and Controllers
Job Zone Level Four contains a large number of professional positions, but, according to DOL, they are less complex.
Each job zone level is associated with an SVP range. The SVP is the specific vocational preparation training time permitted for an occupation. "Permitted" means that the DOL has determined the SVP for each occupation (normal requirements in the USA), and employers may not set higher requirements than those described by the SVP, without documentation of business necessity.
The SVP, however, was turned upside down by the PERM Rule. My colleague Roy Watson, a seasoned practitioner, wrote about this and stated the problem succinctly:
"The original DOT had over 11,000 job descriptions. O*Net was created because it was felt that searching the DOT was too "cumbersome" and time consuming....and the 11,000 jobs were squeezed into a little over 1,000!"
The result was that the SVP was downgraded for many jobs. Those which previously had an SVP of 8 (allowing higher education plus experience as minimum requirements) were downgraded to SVP 7 (allowing only four years of education, experience or training). In practical terms, this means that except for the eight positions I described above, businesses would have to offer positions with lower minimum requirements. For example, a position inJob Zone Level Four may only require a Master's Degree (MA is equal to 4 years SVP) or a Bachelor's (BA or BS is equal to 2 years SVP) plus two years experience.
SVP for skilled through highly professional positions are the following:
SVP 6 over 1 year up to and including 2 years
SVP 7 over 2 years up to and including 4 years
SVP 8 over four years up to and including 10 years
SVP 9 over 10 years
For educational levels, an AA with a specific course study (like nursing) amounts to two years of SVP.
A Baccalaureate degree (BA or BS) also amounts to two years of SVP (on the theory that the first two years are general education).
A Master's Degree is 4 years of SVP.
A Doctorate degree is 7 years of SVP (two for Baccalaureate, two for Master's, and 3 for PhD).
Under the current DHS preference category system, there are five Preference Categories, but most professional positions fall into the 1st or 2nd preference. The latter is available for jobs requiring a Master's Degree or a Bachelor's plus Five Years of Progressive Experience. Some jobs even require higher than a Master's Degree and many years experience. Accordingly, Job Zone Level Four is no longer appropriate for these jobs, since it does not permit a Master's plus years of experience, or a Bachelor's plus Five.
Prevailing Wage Determinations are divided into four levels and there are five steps to obtain the proper determination, including experience, education, special skills, and supervisory duties. Lamentably, some employers confuse the PW Determination with the SVP/Job Zone Level analysis. For example, if the SWA states that the Prevailing Wage Level is "Four," this does not mean that the Job Zone Level is "Four." On the contrary, a Job requiring little or no experience (Job Zone Level 1) could have a Prevailing Wage Level Four due to additional skills and job functions. Remember, too, that notwithstanding the five steps to obtain wage determination, the DOL may also use a "totality of the circumstances" analysis involving job level criteria such as "entry level" to "Fully Competent."
In a typical case, an Occupation described on the O*Net, will have a Job Zone Level Four, with SVP 7 (two to four years of experience, education or training), a Prevailing Wage level of One or Two, and qualify for DHS Preference Level Two. As most jobs exceed the limit of two to four years of preparation time, the application for PERM will result in an audit.
A good way to understand all this is to print out the O*Net Report for "Market Research Analyst" 19-3021 and "Economist" 19-3011. The reports include the job duties, tasks, job zone levels, and wage trends. Market Research Analyst is Job Zone 4 and can justify a Master's Degree (four years SVP) but no experience. Economist is Job Zone 5 and can justify a Master's Degree plus experience or Baccalaureate plus five years experience. The DHS Second Preference category can be used if the requirements are a Master's Degree or a Bachelor's plus Five Years Progressive Experience. The Prevailing Wage for either of the above may be anywhere from 1-5 depending on the specific requirements of the job.
And so, there you have it. Job Zone Levels, SVP Levels, Preference Categories and Prevailing Wage Levels are distinct concepts. Employers and their attorneys have to consider how these concepts may be compatible with each other in a specific PERM application.
This is actually encouraging news if you support the H-1B program. Actually, headlines like this are the protectionists' worst nightmare. The antis argue that H-1B workers are paid less than their American counterparts. But they really aren't interested in the foreign workers being paid more. They don't want them here at all no matter what they're being paid. You never hear them arguing for more enforcement of existing laws and that's because that would undermine their goal of barring all foreign workers regardless of what they're paid. Trust me - the government going after bad actors like the company that was the subject of this enforcement action does NOT make the restrictionists happy.