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  1. Mar 17 - Your Daily Issue

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    March 17, 2009
    http://www.ilw.com/immigdaily/digest/2009,0317.shtm
    Items:
    1.  Comment: Your Daily Issue
    2.  Focus: THE PERM BOOK
    3.  Articles:
        (a) Frequently Asked Questions About The Army's New Non-
        Citizen Recruiting Program For Foreign Health Care
        Professionals by Margaret D. Stock
        (b) Holy Cao! Want Some Good Refugee News? by Judy K. Warner
        (c) Bloggings On PERM Labor Certification by Joel Stewart by
        Joel Stewart
    4.  News:
        (a) USCIS Invites CBOs To Apply For $1.2 Million Competitive
        Citizenship Grant Program
        (b) USCIS Will Continue To Process I526 Forms
    5.  Classifieds:
        (a) Immigration Law Certificate
        (b) Case Management Technology
    6.  Headlines:
        (a) Concern With Immigration Brings A New N-Word To American
        Culture
        (b) [CT] Bill Protects Children In Immigration Raids
        (c) A Deportation Case Against A Dead Man
        (d) Despite Recession, Immigration Reforms Essential to
        Normalize Labor Flows
    7.  ComingsNGoings:
        (a) Immigration Book
    8.  Letters From:
        (a) Honza Prchal, Esq.
        (b) Phil Slaton
        (c) Godfrey Y. Muwonge
        (d) Luz
        (e) Robert Yang
        (f) Sergi Sheplov
        (g) Jim Roberts
    http://www.ilw.com/immigdaily/digest/2009,0317.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    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.shtm
    Advertise: http://www.ilw.com/corporate/advertise.shtm
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    _________________________________________________________________
    1.  COMMENT
    Your Daily Issue
    Some readers occasionally experience trouble receiving
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    Daily only when you specifically instruct us to do so. If you
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    following these simple steps to ensure your Immigration Daily
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    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    THE PERM BOOK
    ILW.COM is pleased to announce THE PERM BOOK, 2008-2009 Edition
    is shipping now. The book outline is as follows:
    PART I. PERM RULE, ANALYSIS, AND COMMENTS
    A. PERM Regulation
    B. Articles by PERM Writers
    ++656.1 Preparing PERM for 2nd and 3rd Preference  by David
    Nachman and Ludmila Zimovcak
    ++656.3 SVP: Discrepancies between the O*Net and the DOT by
    Lori S. Melton
    ++656.3 The Method By Which the Bureau of Labor Statistics
    Converted  the DOT Occupations into the OES Occupational Units
    or "Here's  Another Nice Mess You've Got Us Into  by Barbara
    Brandes
    ++656.10(a)-(c) The Basics of Labor Certification Under PERM :
    What  You Need to Know Before You Start  by Jeffrey Devore
    ++656.10(b) Rights and Obligations of Attorney and Agents Under
    PERM by Nancy-Jo Merritt
    ++656.10(c) Dangers in the Attestation Process  by Ramon Carrion
    ++656.10(c) (10) What is "Permanent" and "Full-Time" Employment
    by Timothy Spridgeon
    ++656.10(d), (e) Deconstructing PERM Notice Requirements by
    Susan J. Cohen
    ++656.10(f) Preparation of PERM Recruitment Report and Supporting
    Documentation  by Carl Shusterman and Alison Walters
    ++656.11 Is Employer "Substitution" Under PERM Dead? by Christian
    Allen
    ++656.12 Prohibition on Payment of Attorney's Fees by Paull
    Hejinian
    ++656.15(a)-(c) Step-by-Step for Schedule-A Applications by
    Sherry Neal
    ++656.15(d) Aliens of Exceptional Ability in the Performing Arts
    by Howard Kushner
    ++656.17(a)-(d) Filing, Withdrawing, Refiling, and Tracking PERM
    Cases by Katherine Lopez Ley and Davis Bae
    ++656.17(e)(1)(B)(1)(4) Professional and Trade Journals Under
    PERM by Nathan Waxman
    ++656.17(e)(1)(I) Regular Recruitment by Nancy-Jo Merritt
    ++656.17(e)(ii) PERM Labor Certification Professional Recruitment
    Steps by Edwin R. Rubin
    ++656.17(e)(l) (ii)(A) Note on Online Job Fairs by David Nachman
    ++656.17(g)(1) Regarding Recruitment Reports by Leon Wildes and
    David Lazaar
    ++656.17(g)(2) Ethics: What Do you Do When A Qualified US  Worker
    Applies?  by Blake Chisam
    ++656.17(h)(1) Business Necessity: "Necessary Arguments" by Sofia
    Zneimer
    ++656.17(h)(3) Combination of Occupations under PERM by Nathan
    Waxman
    ++656.17(h)(4)(ii) The Impact of PERM On Experience Gained on the
    Job and Alternative Experience  by Nathan A. Waxman
    ++656.17(h) Requiring a Foreign Language under PERM by Cyrus D.
    Mehta
    ++656.17(i) Nuts & Bolts: Actual Minimum Requirements &
    Experience Gained on the Job  by Rohit Turkhud
    ++656.17(i)(3) In-Job Experience: Why we Need it and How We Can
    Still Get it  by Gary Endelman
    ++656.17(k) How Do Layoffs Affect PERM? by Margaret McCormick
    and Patricia Luna
    ++656.17(l) As If You Owned the Place Alien Influence and
    Control  Over the Labor Certification Process  by Robert E. Banta
    and Benjamin M. Lowe
    ++656.18 College and University Professors: A Hybrid Between
    Special Handling and PERM  by Victoria Donoghue
    ++656.19 Domestic Workers: At Home and on the Range by Susan L.
    Brady
    ++656.20 How PERM Cases are Selected for Audit by Christina B.
    LaBrie
    ++656.20(c) Requesting Extensions of Time to Respond to Audit
    Requests  by Jonathan Amdur and Susan Anderson
    ++656.24 The Who What When Where of Labor Certification
    Determination by Rebecca Sigmund
    ++656.24(b)(2)(i) What You Do After the Ads Have Been Run?
    Resumes, Interviews, and Results  by Edwin R. Litwin
    ++656.26 Appeals/Requests For Review Under PERM by Joan Mathieu
    ++656.27 Preparing Requests for Review with BALCA by Mitchell L.
    Wexler and J. Ira Burkemper
    ++656.30-31 Fraud, Misrepresentation, Validity, Invalidation
    and Revocation   by Richard Tasoff
    ++656.32 Revocation of Labor Certification by Michael Piston
    ++656.40-41 Prevailing Wage Determinations Under PERM by Lawrence
    Rudnick
    C. Editor's Comments to the PERM Rule
    PART II. FAQ, STAKEHOLDER & LIAISON MEMORANDA
    A. Frequently Asked Questions (FAQ) by Lawrence Rudnick
    B. Summary of DOL PERM Stakeholders Meetings by Lorna Rogers
    Burgess
    C. Frequently Asked Questions
    PART III. ETA FORMS, OLD AND NEW
    A. The New 9089 PERM Form by Linda Rose
    B. What DOL told OMB about PERM by Jay Solomon
    C. New ETA Form 9089 and Instructions,Application for Permanent
    Employment Certification
    D. Old ETA Form 9089, Application for Permanent Employment
    Certification
    E. Old ETA Form 9089, Instructions
    F. Old ETA Form 9089 Electronic Filing Instructions
    G. ETA Form 750A
    H. ETA Form 750B
    I. ETA Form 750 A and B, Instructions
    J. ETA Form 9127, Foreign Labor Certification (FLC) Quarterly
    Activity Report
    PART IV. ROADMAPS AND CHECKLISTS
    A. Overview of PERM Cases
    B. Overall PERM Flow Chart
    C. Employer Checklist
    D. Alien Checklist
    E. Job Offer Checklist
    F. Attorney/Agent Checklist
    G. Prevailing Wage Preparation Checklist
    H. Prevailing Wage Quick Guide
    I. Recruitment Checklist
    J. Express SVP Checklist
    K. PERM Audit Checklist: 10 Important Points
    L. Real and Virtual PERM Addresses
    M. What do PERM and H-1B Visas Have in Common?
    N. Attorney Competency Self-Test
    O. Sample PERM Cases
    ++Job Zone Five, IT Director
    ++Job Zone Five, Economist
    ++Job Zone Four, Consultant, Foreign Law
    ++Job Zone Four, Accounting Coordinator
    ++Job Zone Three, Tile Installers Coordinator

    PART V. BALCA HANDBOOK
    A. Introduction to BALCA by Joel Stewart
    B. BALCA PERM Quick Reference Guide by Joel Stewart
    C. BALCA En Banc Quick Reference Guide by Joel Stewart
    D. BALCA Hearing Procedures
    PART VI. FEDERAL LITIGATION GUIDE
    A. Introduction to Federal Court Litigation  by Sam Udani
    B. Exhaustion of Administrative Review by Michael E. Piston
    C. Federal Court Litigation-PERM by David B. Pakula
    D. Sample Pleading by Michael E. Piston
    PART VII: PREVAILING WAGE REVIEW
    A. Prevailing Wage Survey & Overview by Jane Goldblum
    B. Wage Worksheet Simple Systems 1 by Jane Goldblum
    C. Wage Worksheet Simple Systems 2 by Jane Goldblum
    D. 656.40 Perm Reg. Determination of PW
    E. 656.41 Perm Reg. Certifying Officer Review of PW
    F. Prevailing Wage FAQ
    G. Appendix A By Alphabetical Order
    H. Appendix A By SOC Classification Order
    PART VIII: SWA SUMMARY STATE BY STATE
    All 50 states + 4 territories (Guam, District
    of Columbia,US Virgin Islands, and Puerto Rico)
    PART IX: PERM RESOURCES ON CD-ROM
    A. SOC Structure
    B. SOC Definitions
    C. SOC 2006 Changes
    D. Background On Development Of Appendix A
    E. Stratifying Occupational Units By SVP
    F. NAICS 2002 Codes And Titles
    G. NAICS Codes And Titles - 2007 Revisions
    H. Latest OES Wage Data - MDB file
    I. 2008 OES Wage Data Structure
    J. Latest OES Wage Data - Statistical Area Definitions
    K. Appendix A By Alphabetical Order
    L. Appendix A By SOC Classification Order
    M. Darby v. Cisneros
    N. Lawyers Guide To 212(a)(5)(A) By Gary Endelman
    O. BALCA Hearing Procedures
    P. BALCA En Banc Cases From 1987
    Q. Occupational Projections And Training Data
    R. Occupational Outlook Handbook
    S. Federal Register Notices On PERM
    T. Prevailing Wage Determination Policy Guidance
    U. What DOL Told OMB About PERM By Jay Solomon
    V. ETA Forms Old And New
    ++New ETA Form 9089 and Instructions, Application for Permanent
    Employment Certification
    ++Old ETA Form 9089, Application for Permanent Employment
    Certification
    ++Old ETA Form 9089,  Instructions
    ++Old ETA Form 9089 Electronic Filing Instructions
    ++ETA Form 750A
    ++ETA Form 750B
    ++ETA Form 750 A and B, Instructions
    For more info or to place your order, please see here.
    http://www.ilw.com/store/thepermbook.shtm
    For the fax document, see here.
    http://www.ilw.com/store/thepermbook.pdf
    _________________________________________________________________
    3.  ARTICLES
    (a) Frequently Asked Questions About The Army's New Non-Citizen
    Recruiting Program For Foreign Health Care Professionals
    Margaret D. Stock writes "Titled "Military Accessions Vital to
    the National Interest", the new pilot program allows certain non-
    citizens who are legally present in the US to join the Army and
    apply immediately for US citizenship without first obtaining
    lawful permanent residence."
    http://www.ilw.com/articles/2009,0317-stock.shtm
    http://www.ilw.com/articles/2009,0317-stock.shtm#bio
    (b) Holy Cao! Want Some Good Refugee News?
    Judy K. Warner writes "Good news about refugees is rare, I know.
    The election of  Joseph Cao in Louisiana is exactly that."
    http://www.ilw.com/articles/2009,0317-warner.shtm
    http://refugeeresettlementwatch.wordpress.com/
    (c) Bloggings On PERM Labor Certification by Joel Stewart
    Joel Stewart writes "According to his standard, the job of
    electrician cannot be filled by a person who meets the
    requirements stated, since a combination of experience, education
    and training would exceed the maximum to two years SVP
    permitted."
    http://www.ilw.com/articles/2009,0317-stewart.shtm
    http://blogs.ilw.com/joelstewart
    To submit an Article for consideration, write to
    mailto:editor@ilw.com
    _________________________________________________________________
    4.  NEWS
    (a) USCIS Invites CBOs To Apply For $1.2 Million Competitive
    Citizenship Grant Program
    USCIS will provide funding to community-based organizations that
    serve one or more priority immigrant groups in areas of the US
    that contain a large representation of the country's immigrant
    population.
    http://www.ilw.com/immigdaily/news/2009,0317-citizenship.pdf
    (b) USCIS Will Continue To Process I526 Forms
    As a result of the extension of the Pilot Program, USCIS will
    continue to receive, process, and adjudicate all Regional Center
    Proposals and Forms I-526, Immigrant Petitions by Alien
    Entrepreneur, and Forms I-485, Applications to Register Permanent
    Residence or Adjust Status, affiliated with Regional Centers
    relying on "indirect" job creation analysis.
    http://www.ilw.com/immigdaily/news/2009,0317-EB5.pdf
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) Immigration Law Certificate
    Master the complex and ever changing maze of immigration policies
    and regulations with the Immigration Law Studies Certificate
    Program offered by CUNY's School of Professional Studies. This
    graduate-level certificate program, consisting of (3) three-
    credit classes, offers students who complete it a comprehensive
    understanding of the laws, regulations, and processes surrounding
    the status of immigrants in the US, including family and
    employment-based immigration and deportation defense. It is
    designed for individuals working in law firms, companies,
    government agencies and nonprofit organizations where they
    interact with immigrants and immigrant legal concerns on a
    regular basis and would therefore benefit from greater knowledge
    of the laws and regulations surrounding immigration. Beginning
    this spring, the program is also being offered online. For more
    information on class schedules, tuition and fees, course
    applications and to register, see here.
    http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP
    (b) Case Management Technology
    Offering enterprise-level software and unparalleled US-based
    support, ImmigrationTracker
    http://www.immigrationtracker.com
    is the most flexible and dependable immigration management
    solution on the market today. Designed by immigration attorneys
    and paralegals, ImmigrationTracker is often praised for its ease
    of use, intuitive features, and built-in immigration knowledge.
    As one of our customers noted, "If we had two years and unlimited
    funds to design our ideal immigration management system, Tracker
    would be it."  Phil Curtis, Chin & Curtis.  Find out for yourself
    why Tracker is the choice of: 83% of practicing Past Presidents
    of the AILA (American Immigration Lawyers Association, through
    June 2007); 86% of the 25 largest immigration law firms (IndUS
    Business Journal 2006); 75% of the AmLaw 200 (largest US law
    firms, American Lawyer Media, 2006); 3x as many globally ranked
    immigration attorneys as compared with other software vendors
    (Chambers Global and the International Who's Who of Business
    Immigration Lawyers, 2007). Schedule your private demo: Call
    1-888-466-8757 ext. 278 or email mailto:sales@immigrationtracker.com.
    _________________________________________________________________
    6.  Headlines
    (a) Concern With Immigration Brings A New N-Word To American
    Culture
    Why, in our democratic-capitalist system, do some feel that a
    legitimate business should not be able to tap this large group of
    consumers?
    (b) [CT] Bill Protects Children In Immigration Raids
    A [Connecticut] bill recently introduced in the state Assembly
    would create guidelines for schools to follow to protect children
    from intimidation - and keep them in school - during immigration
    raids, such as those that swept through Mendota two years ago.
    (c) A Deportation Case Against A Dead Man
    Seven months later, the federal government is still proceeding
    with the deportation case against him.
    (d) Despite Recession, Immigration Reforms Essential to Normalize
    Labor Flows
    Yet despite conditions, lawmakers should be preparing changes to
    immigration policy in anticipation of the country's economic
    revival, says former Homeland Security Secretary Michael
    Chertoff, who had jurisdiction over immigration issues.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0317.shtm#Headlines
    _________________________________________________________________
    7.  ComingsNGoings
    Readers can share professional announcements (up to 100-words at
    no charge), email: mailto:editor@ilw.com. To announce your event,
    see here http://www.ilw.com/corporate/media_sponsor.shtm
    (a) Immigration Book
    Who Speaks for Hispanics?: Hispanic Interest Groups in Washington
    By Deirdre Martinez. State University of New York Press, 175 pp.
    Hardcover, ISBN: 0791493571, $60.00
    http://www.amazon.com/exec/obidos/ASIN/0791493571/
    _________________________________________________________________
    8.  LETTERS
    Readers can share comments, email: mailto:editor@ilw.com  (up to
    300-words). Past correspondence is available in our archives
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    Chia-Li Sung's letter (03/10/09 ID) has certainly struck a chord.
    The fear of the disorderly criminal horde may be a persistent
    feature of often exaggerated fears of large-scale immigration,
    but it is based on real-world phenomena. Responding to Mr.
    Murray's letter, simply making it easier to come in legally and
    somehow shifting the balance towards more upper crusty types of
    immigrants, or at least towards particularly skilled or hard-
    working lower class folks would go a long way towards allaying
    fears of people already here about immigrants by cutting down on
    the criminality associated with hordes in near-mono-cultural
    ghettoes and dubious immigration status both on the frontend (one
    will have to have some wealth) and on the backend (the price of a
    deportable offense will be very visible in terms of a lost
    investment). My letter's suggestion of a straight fee would cut
    much of the bureaucracy by allowing immigration authorities to
    ask three types of questions to potential immigrants: Did you
    pay? Do you carry a dangerously infectious disease or one that
    American would end up having to pay for? Are you a threat to our
    safety? A one-time fee would allow families to sponsor relatives
    they care enough for the old fashioned way and it would eliminate
    many of the silly market-distorting requirements of the investor
    visa. As for the inevitable suggestion that merely buying
    citizenship will be cheapening or will create a class of
    indentured servants who will remain alienated from the county,
    what we have now seems far worse. We are allegedly a capitalist
    country with mercantile roots. Why not put a price tag and health
    and safety test on citizenship too? It'll cut costs, cut crime
    and increase transparency. I think it could also pass muster with
    those who share Chia-Li Sung's letter's views.
    Honza Prchal, Esq.  Birmingham, AL
    (b) Dear Editor:
    Fixing immigration was never on the Bush or her agenda, so it was
    impossible for her to do anything about it (03/16/09 ID comment).
    I never saw Ms. Rice trudge to the Hill and testify before any
    committee; I never saw her enter the fray of discussion on the
    subject; and, I never saw her make any proposals to fix it.  The
    only thing that the Bush Administration did in its quest to stop
    illegal immigration was to stop legal immigration.   Saying now
    that she has regrets about the Bush administration not achieving
    results, and her having done nothing to assist in immigration
    reform, is disingenuous.
    Phil Slaton  Poulsbo, WA
    (c) Dear Editor:
    My own deepest regret is that bright people like Condoleezza
    Rice, on both sides of the political divide, continue to convince
    themselves that true immigration reform is taking people "from
    the shadows" a phrase that has synonymity with "comprehensive
    immigration reform" which has euphemistic association with
    legalization and "path to X" programs such as IRCA (see 03/16/09
    ID comment). The immigrants' rights opponents keep winning at
    legislating (it's the "W" in the win-column, stupid!) because our
    side - the immigrants' rights advocates - has failed to coin a
    coherent message to convince Americans we mean what we say, like
    the messages of the civil rights movement. "Ethic of reciprocity"
    is nowhere in "CIR" to make anyone believe that amnesty isn't
    about taking food from the mouths of innocent little Americans,
    as rabid anti-immigrants suggest. Many of the CIR "players'" eyes
    glaze over with $$ signs because CIR means $$ any way one cuts
    it. The agency is literally highway-robbing poverty-level
    immigrants with filing fees such as $930 for a four-page I-485
    and others.  We must cease and desist from this "CIR" rush.
    What's the alternative? Read my book: Immigration Reform - We Can
    Do It, If We Apply Our Founders' True Ideals (Hamilton 2009). The
    publisher rushed me, hoping to put it on shelves by Election Day.
    Then the bottom fell out of the economy, and nobody wanted to
    talk about anything else. Still, I tried hard to cobble together
    several arguments. I begin simply with the construct that work is
    a human right. If we require it of other countries, can we
    trample it here? This is the kind of argument we must make. But
    the other attention we must pay is the structure of the entire
    INA.  Dillingham Commission sought to do something that's not
    secret. Forty-one volumes were about racism.
    Godfrey Y. Muwonge
    (d) Dear Editor:
    Responding to ID's 3/13/09 comment, this is the best way we can
    upgrade the quality of service we can get from USCIS, by
    digitizing operation and processes, and also to get the people
    factor change their culture in rendering efficient, quality, and
    timely service to us, their customers.  Eventually, we can get
    the information we need from the internet - same way that the
    personal health records are going to be made available in the
    health care industry.  The USCIS system is broken, so with the
    rest of the other systems in our government.  But, as long as
    we're headed towards the right direction, and something is being
    done, hopefully, we can get there as fast as we can. Progress
    can't be delayed.  As long as we, the stakeholders, will be the
    drivers, let's get vigilant, knowledgeable, and on the forefront
    of our issues as we see them fit, and in unity we can not fail.
    "Divide and conquer" is a strategy - let's not allow it to
    happen.  Kudos to IT in USCIS proccesses! Digitizing it is just a
    step, but a big leap to progress!  Hopefully, my two sons whom I
    petitioned 7 years ago can get an answer - 7 years and all I
    received was a letter of receipt of the petition, and that it
    would take 999 days for processing.  It's been how many days now?
    Luz  Fayetteville, NC
    (e) Dear Editor:
    CIR must happen in 2009 with common senses changes in our current
    immigration laws. We must establish guarantor or bond system for
    visa applicants from risky countries and allow more group tour
    visas for tourists from many exporting and developing nations.
    The global economy crisis happened because we spend too much on
    imports and not to let our trading partners to spend that money
    back in the US. Spurring tourism is one way to jump start our
    economy and creating jobs. We must eliminate chain family based
    category and put some strict condition that only immediate family
    members can be sponsored if the sponsors are financially able to
    do so and have means to support the new members. We must put
    conditions on all new immigrants that they must be English
    proficient, healthy and of good moral characters, accepting our
    Constitution and the principle of separation of religion and
    state, which is very important in relation of some Muslim
    immigrants who still believe in imposing their outdated Sharia
    laws where ever they are, secure jobs within 6 months and not
    seeking any kind of public welfare for at least 10 years and must
    have at least $ 6000 or 3 months worth of living expenses in the
    US before they arrive here and giving earned legalization for
    those who are here without legal papers. Work sites enforcement
    must focus on employers and fine them with substantial fine to
    cover the cost to compensate their illegal employees and cost of
    repatriating them to their homelands. Our immigration laws should
    not treat humans as criminals and putting them in jail for
    working without permits but let focus on the employers to pay
    their illegal workers to go back to their countries, this is good
    enough as deterrent.
    Robert Yang
    (f) Dear Editor:
    Murray's latest letter (03/16/09 ID) thankfully distances itself
    from the blatently anti-immigrant views expressed in J.Roberts's
    letter (03/16/09 ID). Unfortunately Murray's letter expresses an
    elitest viewpoint when it comes to immigration policy. His leter
    states it doesn't understand Prachal's letter suggesting investor
    visa's to $50,000. "hardly more than the price of a well equipped
    SUV."  Investor visas are proof positive of the racist and
    elitest immigration policy we have been railing against. While
    one with a college education with an Esq. on his signature may
    seem like a paltry sum, if an investor from country where the per
    capital average income is is below $4000 a year comes up with the
    formidable sum of $50,000 to invest in America, we should sit up
    and take note. There is a person America should be clamoring to
    have. It pains me to think the children of rich European families
    can get daddy to write a check to a real estate investment
    interest in the US to come here to play in the elite
    neighborhoods of our country. $500,000 for these people is a
    pittance, why not require a substantial investment based on the
    individual or family net worth? Is it really an "investment" or
    pocket change?   Creating a system that lets one "buy-in"
    regardless of character, work ethic or commitment to society
    makes a mockery of the other hard earned visa categories. Being
    rich doesn't make a person a disirable commodity. Investor visas
    should be country specific, based on the per-capita incomes of
    the country the Immigrant is coming from and reflect the value in
    work ethic and ingenuity of the person who we allow to enter and
    become a part of our great experiment. 
    Sergi Sheplov
    (g) Dear Editor:
    In regards to the 3/16/09 Letters, the comment D. Murray's letter
    made about my letters, I could use about those of R. Algase's: "I
    wish Jim Roberts's letters [ ie: RA's ] would not use my letters
    as support for his philosophies".  While my "too much
    immigration" comment included legal and illegal entry which is
    the "reality", there is nothing "American" about this or
    "masterfully" about the deliberate twisting and revision of my
    views to fit the racist, bigoted, distorted and clouded "lens"
    through which the RA letters sees everything poorly.  Had the
    last election been limited to BO, McCain and Alan Keyes (a
    black), I would have voted for Alan, a man of principle.
    Racebaiters use racism as a bully tactic to preclude other valid
    reasons for making choices and is intellectually deficient and
    they need to get off this tired horse. My letter was edited by
    leaving out my J. Henderson comment and then attributed my
    "faustian bargain", R. Gittelson comment to JH. On my enlarged
    type screen, my letter was 45 lines as submitted, and 31 lines as
    run. The number of lines in the letters that ran were: RA(42), RY
    (47), DM (44) and VJ (45). My letter, before editing was similar
    in length to the others. 
    Jim Roberts
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
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    Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X
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  2. Inconsistencies in Job Zone Three: Electricians

    by , 03-16-2009 at 09:45 AM (Joel Stewart on PERM Labor Certification)
    Recently I discussed a report of Job Zone Five job occupations and commented that out of more than 100 jobs listed in Zone Five, only eight might be used in business or corporate settings. For more details, please look at last week's blog.
    However, my curiosity was piqued by the material presented, and I decided to continue my investigation of Job Zones and Occupations in today's blog.
    I looked at the list of occupations in Job Zone Three, and decided to review the O*Net classification criteria used to determine those classifications.
    Taking into consideration that Job Zone three has an SVP range of 6.0 but less than 7.0 (this means that an employer can only require 1-2 years of SVP -- combined experience, education and training.
    Really?
    Well, look at the list of occupations in Job Zone Three, and analyze them using the O*Net classification criteria used by the O*Net. It says,
    -----------------------
    Job Zone Three: Medium Preparation Needed

    Experience: Previous work-related skill, knowledge, or experience is required for these occupations. For example, an electrician must have completed three or four years of apprenticeship or several years of vocational training, and often must have passed a licensing exam in order to perform the job.

    Education: Most occupations in this zone require training in vocational schools, on-the-job experience, or an associate's degree. Some may require a bachelor's degree.

    Job Training: Employees in these occupations usually need one or two years of training involving both on-the-job experience and informal training with experienced workers.

    Examples:These occupations usually involve using communication and organizational skills to coordinate, supervise, manage, or train others to accomplish goals. Examples include funeral directors, electricians, forest and conservation technicians, legal secretaries, interviewers, and insurance sales agents.

    SVP Range: 6.0 < 7.0
    ----------------------
    Note that under Experience,"an electrician must have completed three or four years of apprenticeship or several years of vocational training."
    Under Education,  "most occupations..require training in vocational schools, o the job experience, or an associate's degree....Some require a bachelor's degree..."
    Under Training,  "...job training usually needs one or two years of training involving both on-the-job experience and informal training with experienced workers."
    At the same time, the DOL states that Apprenticeship programs usually last 4 years. See United States DOL Bureau of Labor Statistics. http://www.bls.gov/oco/ocos206.htm.
    According to hiss standard, the job of electrician cannot be filled by a person who meets the requirements stated, since a combination of experience, education and training would exceed the maximum to two years SVP permitted. In this case, the journeyman program is four years, and the only training time permitted by SVP is a maximum of two years.
    I can only conclude that the labor statistics are in error.
    If there is anyone with more comprehensive information about electricians, can you please let me konw what you think?



  3. H-2A REGS SUSPENDED FOR NINE MONTHS

    by , 03-16-2009 at 08:56 AM (Greg Siskind on Immigration Law and Policy)
    Reacting to criticism from farmworker labor organizations, Secretary of Labor Solis has suspended for nine months the new H-2A regulations. According to Farmworker Justice:

    These policies are extremely harmful to farmworkers, both domestic and foreign, slashing wages, reducing worker protections and eliminating government oversight in an industry known for labor abuses.
    I expect to see the new H-2B regulations revisited soon as well. Stay tuned.
  4. AAIHR Responds to Obama

    The AAIHR has issued a response to the President's recent comments about the nursing educator shortage and health service's providers use of internationally-trained workers to fill the gap in some occupations such as nursing. Smartly, the position statement recognizes that the dire nursing shortage is really a question of healthcare accessibility. The twin goals of the Emergency Nurse Supply Relief Act of 2008, funding for nursing schools and a loosening on the constricting visa quotas, is the type of well-rounded approach that meets the goals of all interested parties - students, schools, employers, internationally trained nurses, domestic nurses, and most importantly patients.
  5. Mar 16 - Deepest Regret

    -----------------IMMIGRATION DAILY FROM ILW.COM------------------
    March 16, 2009
    http://www.ilw.com/immigdaily/digest/2009,0316.shtm
    Items:
    1.  Comment: Deepest Regret
    2.  Focus: The Nurse Immigration Book
    3.  Articles:
        (a) Widow Penalty Class Action Lawsuit by Brent Renison, Esq.
        (b) Bloggings on Dysfunctional Government by Angelo A.
        Paparelli
        (c) Immigrants Of The Day: Cesar Millan of Mexico, Sukhee
        Kang of Korea, and Frank Gehry of Canada by Kevin R. Johnson
    4.  News:
        (a) J1 And Special Religious Worker Programs Are Extended
        Until September 30th
    5.  Classifieds:
        (a) J-1 Visa Program
        (b) Case Management Technology
    6.  Headlines:
        (a) Illegals' Opponents - On The Left
        (b) Arpaio A Victim Of A Witch Hunt
        (c) Father Of Miss Oregon Investigated On Suspicion Of Visa
        Fraud
        (d) Two U.S. Immigration Amendments Extended
    7.  ComingsNGoings:
        (a) New Partner - Reston, VA
    8.  Letters From:
        (a) Roger Algase, Esq.
        (b) David D. Murray, Esq.
        (c) Victor Johnston, retired Legacy INS
        (d) Jim Roberts
        (e) Robert Yang
    http://www.ilw.com/immigdaily/digest/2009,0316.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    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.shtm
    Advertise: http://www.ilw.com/corporate/advertise.shtm
    |+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|+|
    _________________________________________________________________
    1.  COMMENT
    Deepest Regret
    The Associated Press reports "Condoleezza Rice says her deepest
    regret from her time as secretary of state was the failure of the
    Bush administration to achieve real reform of immigration laws."
    For the full story, see here.
    http://www.examiner.com/a-1903016~Rice_says_no_immigration_reform_is_deepest_regret.html
    We welcome readers to share their opinion and ideas with us by
    writing to mailto:editor@ilw.com.
    _________________________________________________________________
    2.  FOCUS
    The Nurse Immigration Book
    The table of contents of this definitive work edited by Joseph
    Curran and Daniel Berger is as follows:
    I.  FOREWORD: Why A Nurse Immigration Book? By William Stock
    II.  PREPARING AN IMMIGRATION CASE:
    ++H-1 Visas For Nurses By Greg Siskind and Esther Fridman
    ++TN Status For Nurses By Christopher Wendt
    ++Practice Pointers for Presenting TN Applications By Leslie
    Holman
    ++An Outline Of A Typical Nurse Case, Including Consular
    Processing By Joseph Curran
    ++Adjustment Of Status For Professional Nurses By Sylvia Boecker
    ++Building International Bridges By Commission On Graduates Of
    Foreign Nursing Schools (CGFNS International)
    ++Tips For Staffing Companies In Planning Their Posting
    Strategies By Ronald Nair
    ++Licensure: US State Licenses For International Nurses By
    Patrick Curran
    ++Immigration Basics For Allied Professional Healthcare Workers
    By Christopher Musillo
    ++Managing Or Achieving Expectations: The Key To Success By
    Michael Hammond
    III.  UNDERSTANDING THE NURSING CRISIS:
    ++Global Issues In Nurse Recruitment By Joseph Curran
    ++The Nurse Shortage: Why It Matters By Carl Shusterman
    ++Deadly Consequences: The Hidden Impact Of America's Nursing
    Shortage By Stuart Anderson
    ++Aiding And Abetting - Nursing Crises At Home And Abroad By
    Sreekanth Chagaturu and Snigdha Vallabhaneni
    ++US Visa Policy Competition For International Scholars,
    Scientists And Skilled Workers By Phyllis Farrell Norman
    ++Better Late Than Never: Workforce Supply Implications Of Later
    Entry Into Nursing By David Auerbach, Peter Buerhaus and Douglas
    Staiger
    IV.  RECRUITING AND RETAINING NURSES:
    ++The Business Of Nurse Immigration By Mireille Kingma
    ++Recruitment Of Workers In The Philippines: Playing Ball With
    The POEA By Ronald Nair
    ++Successful International Nurse Recruiting By C. Philip Slaton
    ++Nurse Assimilation By Yvette Mooney
    ++Hospitals' Responses To Nurse Staffing Shortages By Jessica
    May, Gloria Bazzoli and Anneliese Gerland
    ++Nurse Perspectives Of The Migration Experience By Mariah
    Rutherford-Olds
    V.  AFTERWORD: Musings After 2 Decades In Nurse Immigration By
     James David Acoba
    For more info, and to order, please see here.
    http://www.ilw.com/store/NurseImmigration.shtm
    For the fax order form, see here.
    http://www.ilw.com/store/NurseImmigration.pdf
    _________________________________________________________________
    3.  ARTICLES
    (a) Widow Penalty Class Action Lawsuit
    Brent Renison, Esq. writes "Surviving Spouses Against Deportation
    pro bono counsel Brent Renison and Alan Diamante filed a national
    class action lawsuit in Los Angeles, California federal court
    challenging the widow penalty."
    http://www.ilw.com/articles/2009,0316-renison.shtm
    http://www.entrylaw.com/
    (b) Bloggings on Dysfunctional Government
    Angelo A. Paparelli writes "Another immigration ritual with
    perhaps just as much riding on the outcome occurs in the second
    week of every month as immigrant hopefuls await publication of
    the State Department's Visa Bulletin."
    http://www.ilw.com/articles/2009,0316-paparelli.shtm
    http://www.seyfarth.com/index.cfm/fuseaction/attorney.com
    (c) Immigrants Of The Day: Cesar Millan of Mexico, Sukhee Kang of
    Korea, and Frank Gehry of Canada
    Kevin R. Johnson celebrates the achivements of select immigrants.
    http://www.ilw.com/articles/2009,0316-johnson.shtm
    http://lawprofessors.typepad.com/
    To submit an Article for consideration, write to
    mailto:editor@ilw.com
    _________________________________________________________________
    4.  NEWS
    (a) J1 And Special Religious Worker Programs Are Extended Until
    September 30th
    The Senate passed H.R.1127 without amendment on March 11, 2009
    which extended both the special immigrant program for non-
    minister religious workers and the J-1 visa waiver (Conrad state
    30/medical services in underserved areas) program until September
    30, 2009.
    http://www.ilw.com/immigdaily/news/2009,0316-HR1127.shtm
    _________________________________________________________________
    5.  CLASSIFIEDS
    (a) J-1 Visa Program
    Discover the ease and flexibility of the J-1 Visa with Global
    Current, a service of AIESEC U.S., a leader in international
    exchange and professional training for over 50 years. Unlike
    other visas, the J-1 does not require a lengthy petitioning
    process, has few restrictions and can be processed at any time of
    year to facilitate the quick and simple implementation of an
    Exchange Visitor Program. Global Current has developed a
    streamlined sponsorship process supported by J-1 experts that
    allows us to maintain an unrivaled 48 hour turnaround time on
    complete applications. Global Current provides J-1 Trainee and
    Intern programs in a variety of occupational categories including
    law, engineering, finance, architecture, graphic design,
    marketing and fashion. For more information on eligibility
    requirements and a complete list of occupational categories,
    visit http://www.globalcurrentexchanges.org
    or email Melany Hamner at
    mailto:melanyh@globalcurrentexchanges.org.
    (b) Case Management Technology
    Are you ready for the new changes in immigration? See why INSZoom
    has a 99% customer retention rate. Use our forms with peace of
    mind - 800+ updated within 24 hours of any new release, no
    patches or downloads. E-File 20+ forms. Access your firm's online
    database anywhere you have internet access. Client relationship
    management tools, practice management tools, group calendaring,
    emails, notes, reports, invoices, auto email alerts and
    reminders, document storage and assembly. A library of
    customizable questionnaires, letters and email templates
    included. Online access for clients to check case status
    included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
    services: credit card processing, Outlook & QuickBooks
    integration. One-time data entry and auto population into all
    documents will save you time and reduce errors. Customizable to
    support solo practitioners, mid-large law firms & corporations.
    We teach you how to customize the software to fit your processes
    and communication needs. Founded in 1999, INSZoom is a
    profitable, financially sound company, employing 100+ engineers,
    sales, and support staff. INSZoom is ISO 27001:2005 certified and
    the "world's largest immigration software company", built with
    flexible modules that allow you to manage and control technology.
    To schedule a complimentary online demo, call 925-244-0600 or
    email mailto:info@inszoom.com.
    _________________________________________________________________
    6.  Headlines
    (a) Illegals' Opponents - On The Left
    Prediction: Illegal immigration, an issue that has slipped from
    the headlines, is about to get more visible again.
    (b) Arpaio A Victim Of A Witch Hunt
    If Arpaio's policy is to be changed, it should be through an
    election, not with a politically motivated mob. You can't catch a
    witch by making a pact with the devil.
    (c) Father Of Miss Oregon Investigated On Suspicion Of Visa Fraud
    According to the Oregonian, Federal prosecutors say he lied in
    1998 when applying for refugee status in the United States.
    (d) Two U.S. Immigration Amendments Extended
    The program makes as many as 5,000 permanent immigrant visas
    available each year for religious workers employed by various
    denominations, and is particularly helpful to small Jewish
    communities in remote areas who have difficulty hiring rabbis,
    cantors and Hebrew school teachers.
    For links to the above stories see here:
    http://www.ilw.com/immigdaily/digest/2009,0316.shtm#Headlines
    _________________________________________________________________
    7.  ComingsNGoings
    Readers can share professional announcements (up to 100-words at
    no charge), email: mailto:editor@ilw.com. To announce your event,
    see here http://www.ilw.com/corporate/media_sponsor.shtm
    (a) New Partner - Reston, VA
    Goel & Anderson, LLC announced the addition of Michael Neifach
    who has joined the firm as a Partner. Mr. Neifach was formerly
    Principal Legal Advisor for U.S. Immigration and Customs
    Enforcement (ICE) at DHS. www.goellaw.com.  In more than 17 years
    of public service, Mr. Neifach has served in key positions
    shaping the U.S. government's immigration and border security
    policies and enforcement initiatives.  As Principal Legal Advisor
    to ICE from July 2007 to January 2009, Mr. Neifach oversaw
    approximately 800 attorneys responsible for representing the U.S.
    government in immigration court proceedings.
    _________________________________________________________________
    8.  LETTERS
    Readers can share comments, email: mailto:editor@ilw.com  (up to
    300-words). Past correspondence is available in our archives
    http://www.ilw.com/immigdaily/archives.shtm
    (a) Dear Editor:
    Jim Roberts' March 13 letter condemns "race based egalitarianism"
    and states that "allegiance" should be considered in the
    "immigration mix". It has long been an article of faith among
    white supremacists that only white immigrants can truly
    assimilate or be loyal to American culture. While Mr. Roberts'
    letters are careful not to say this in so many words, it is not
    hard to glean this from many of his letters' comments, not least
    the unwillingness to accept the fact that America has legally
    elected an African-American president. The bigoted idea that only
    whites can be truly American appears even more explicitly in the
    writings of "respectable" commentators such as TV pundit and
    former presidential candidate Patrick Buchanan and the late
    Harvard professor, Samuel Huntington. Therefore, the anti-Latino
    rantings of Philippine-American columnist Michelle Malkin's TV
    appearances and newspaper articles and, most recently, Chia-Li
    Sung's ID letter, show that people from a different background
    can be just as "American" as a person whose ancestors came from
    Europe, at least if this means subscribing to the "values" of
    racism and intolerance that have, unfortunately, been part of
    American culture for so much of our history. Fortunately,
    countless millions of immigrants of non-European ancestry and
    their descendants have shown in much more positive ways that they
    believe in the real values of America, namely tolerance and
    racial equality, just as much as Americans whose ancestors came
    from Europe. Therefore, nothing betrays the real American spirit
    more than the letters of Mr. Roberts and Ms. Sung.
    Roger Algase, Esq. New York, NY
    (b) Dear Editor:
    I wish Jim Roberts's letters would not use my letters as support
    for his philosophies, because each time his letter (latest
    example 03/13/09 ID), masterfully twists my letter's meanings to
    suit his own. I have stated before, there is not much, if
    anything, Mr. Roberts's letters and mine would ever agree on. His
    letter's interpretation of mine with regard to Chia-Li Sung's
    letter is totally incorrect. I do not believe Ms. Sung's letter
    refers to too much immigration, but focuses on the reality of
    undocumented illegal aliens, forced to live underground in
    poverty, failing to adapt, turning to crime. I do not agree that
    there is "too much immigration," in fact, there is not enough.
    There is, however, too much illegal immigration and my letters
    have stated time and again that America's immigration laws must
    come into step with the actual needs of employers and make it
    easier to get nonimmigrant employment authorized visas to fill
    "the jobs Americans will not do." It appears Mr. Roberts's
    letter, by referring to "UnAmerican" once again unearths the
    parochial view expressed by bumper stickers during the Vietnam
    War era, "America, Love It Or Leave It". That was not a patriotic
    statement, that was a vengeful and hate filled statement of
    stupidity that took the position that if you did not agree that
    America should be in Vietnam, you should leave America. The
    "Support Our Troops" stickers on cars during the early stages of
    the Iraq war echoed a similar sentiment. I disagreed with the
    Vietnam war, but I spent one year in the midst of it, in
    1968-1969, and developed a love of Vietnam, its people and its
    culture, but I should not be asked to leave America, nor should I
    be branded "unpatriotic".
    David D. Murray, Esq.   Newport Beach, CA
    (c) Dear Editor:
    In response to ID's 03/13/09 comment), over 15 years ago I made
    recommendations to INS Headquarters to start scanning and
    creating an electronic record of applications by each office
    immediately if not simultaneously after receiving them.  Shortly
    thereafter I recommended internet submission of naturalization
    applications since all means to undertake this task were readily
    available (video, audio, scanners, electronic signatures,
    fingerprint recording, etc.) It appears like all suggestions
    submitted by others and myself found file 13 without proper
    review.  Now CIS will spend all these millions(500) to digitize
    what could have started almost two decades ago, if not more, at a
    fraction of the cost.  Many funds have been spent trying to do
    this, so why hasn't it been accomplished?  It's so simple even a
    cave person can do it! Back then we were doing electronic
    completion of charging documents in Oklahoma and at other
    locations and if we could do that everything else was only a baby
    step away.  Of course we were already many years behind the rest
    of the business world - some said 20.  Government will never
    change because the leaders do not have the independent vision and
    when recommendations to modernize and processes are explained to
    them they only see the negative side.  Many of these leaders are
    still in the Agency that by whatever other name it takes will
    always be the same.  Are they still waiting to invent fire or are
    they throwing taxpayers hard earned payments into the fire?  IRS
    has had electronic filing for many years so why is CIS so slow in
    reacting?  Proactive initiatives seem to be nonexistent terms at
    CIS, ICE or CBP.  I am not the enemy; the enemy lies within.
    Victor Johnston, retired Legacy INS
    (d) Dear Editor:
    Regarding the Letters of 3/12/09 ID, the offerings of D. Murray
    and J. Henderson stand up for America's interests while those of
    R. Algase, R. Yang and R. Gittelson do not.  The RA letter
    continues to look for racism under every "stone" often finding it
    where it doesn't exist, ignoring other more pressing problems.
    The RY letter rightfully condems, "global banking cartel
    manipulation to enrich the few elites" and then endorses a global
    "equal" labor egalitariantism whose cheap labor policies would
    enrich them further, enslave workers and destroy national
    sovereignty/culture. The "faustian bargain" that the JH letter
    suggests has already duped US in 1986 when the future promised
    enforcement and closed borders didn't happen but shamnesty
    citizenship did which would only be repeated on much larger
    scales with any present or future CIR scheme which the majority
    of citizens are against. My list of desired entry policies should
    have been pursued after 911 for our National interests alone and
    not subject to any hypocritical bargaining by greedy special
    interests who have a history of not dealing in good faith.  The
    man who says deportations are impossible should not interrupt the
    men who are doing them.
    Jim Roberts
    (e) Dear Editor:
    In our Declaration of Independence written by Thomas Jefferson,
    it's written that all men not Americans only are created as equal
    and have unalienable rights to pursue liberty, happiness and
    prosperity, this is what our country was founded on. USA is a
    nation of immigrants, founded and composed by and of immigrants
    and their descendants. Yes, many of our ancestors were living the
    ghettos and many suffered names calling, prejudice and xenophobia
    as Ms. Chia's letter to the Editor states when referring to the
    latinos community. As a Chinese or Taiwanese American, I'm sure
    the letter writer must have learned a lot about names calling,
    discrimination, xenophobia and racism on Chinese and other Asian
    immigrants in the past. Congressman Tancredo grandpa didn't come
    from Southern Italy in luxury ocean liner with tons of money, he
    was poor and uneducated as well but worked hard to make sure his
    descendants would live better and achieve their American dreams.
    I have no doubt that many of those who benefited from the past
    immigration "amnesties" are now shamelessly become as selfish as
    the "natives" born here by calling on enforcement on harsh
    immigration laws on recent immigrants after themselves. The
    restrictionists can't have double standard by imposing harsh laws
    on others but making excuses and exception on their own past
    cases or ancestors' when they immigrated here. Addressing Mr.
    Murray's letter, Sir, all nations make immigration restriction
    laws not only to prevent terrorists and bad guys entering the
    countries, but to be honest they're mainly designed to discourage
    foreign competition to make the loser natives happy and stop
    whining, that's about it. I love to call a spade as a spade,
    without being politically correct.
    Robert Yang
    _________________________________________________________________
    The first daily in the field of immigration. Forward this to a
    colleague!
    Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X
    An Important disclaimer! The information provided on this page is
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    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 1999-2009 American Immigration LLC, ILW.COM.
    Send correspondence and articles to editor@ilw.com. Letters and
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    any medium. The views expressed in letters and articles do not
    necessarily represent the views of ILW.COM.
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