Advertise on ILW
Connect to us
Make us Homepage
Chinese Immig. Daily
The leadingimmigration lawpublisher - over50000 pages offree
Copyright© 1995-ILW.COM,AmericanImmigration LLC.
Hammond Law Group is pleased to announce a Symposium on International Recruitment of Health Care Workers on
Friday, October 24, 2008
. The Symposium is free to all clients and friends of the firm. It is aimed at employers of health care workers -- Registered Nurses, Physical Therapists, Occupational Therapists, Speech Language Pathologists, and other allied professions.
The event is FREE to all clients and friends of the firm and a networking lunch is provided. To register, please click on the banner at the top of this page or click here. There is no charge to attend, but registration is required.
∑ Retrogression What happened in 2008? Planning for 2009!
∑ Strategy Session Alternative options for health care workers
∑ Myth BustersWhat does and does not work to migrate health care workers into the U.S.
∑ Hot TopicsImmigration changes that will impact your company
∑ Licensure/Visa ScreenIndustry experts provide insight and answer questions
Indonesian-born Maya Soetoro-Ng may not have a familiar name. But you may have heard of her half-brother Barack Obama. Last night Ms. Soetoro-Ng introduced herself to a national television audience at the Democratic National Convention in Denver and talked about growing up with her older brother. Maya and Barack have the same mother. She was born in Indonesia, but at age two, her mother left her father and moved Barack and Maya back to Hawaii.
Maya went on to graduate from the University of Hawaii and is now a high school teacher in Honolulu as well as an instructor at the University of Hawaii. She took the summer off to campaign for her older brother, the culmination of which was her address to the DNC last night.
By the way, before I get a barrage of emails from people saying that
Ms. Soetoro-Ng is not technically an immigrant, I understand that she
is presumably a citizen at birth (just like Panama Canal Zone-born John
McCain). because of her mother's citizenship status. Nevertheless, Ms. Soetora-Ng went through a migration
experience that is worth noting. And she is married to Konrad Ng, a Chinese Canadian who also teaches at the University of Hawaii so she is part of an immigrant family. Here's Ms. Soetoro-Ng describing her famous brother.
Congrats to the many athletes and their coaches for a sensational Olympics. In particular, I wanted to note the following previously named Immigrants of the Day:
Hugh McCutcheon - Coach of gold medal US men's volleyball teamNastia Liukin - Winner of all around gold medal in women's gymnasticsKirsty Coventry - Gold medal winner and new world record holder in 100m backstrokeAlexander Artemev - Bronze medal in men's gymnasticsTony Azevedo - Member of silver medal winning men's water polo teamAnna Tunnicliffe - Gold medal in sailingSusan Francia - Gold medal in rowingPhil Dalhausser - Winner of gold in beach volleyballLiang Chow - Coach of gold medalist Shawn JohnsonMartha Karolyi - Coach of silver medalist US women's gymnastics team
We are reminded that the regulations require that PERM applications be presented only for full-time jobs. The definition of full-time, long elusive, depends on the jurisdiction, the profession, industry standards, and the opinion of government agencies.
According to BALCA, Gardeners in cold US climates are not considered full-time, because they do not work all year. The teaching profession is full-time, but only because the teachers are paid on a year-round basis.
The federal government has standards that govern employment in the U.S., as well as the states, and sometimes these standards are used to describe benefits and protection for employees who work 20, 25, 30, 35, 40 or more hours per week. During the years when SWA was king, they usually enforced a minimum of 35 hours for labor certification cases, due to an annotation in the old Technical Assistance Guide. Many an employer was forced to convolute the work week into the 35 hour formula, resulting in unusual work days like 5.16 hours per day for six-day cooks, not including a 30 minute meal break. While 35-40 hours is a safe figure, a job may be less than 35 hours. Some industries have rules limiting the number of hours of work, like airline pilots and other high-stress jobs. We are on the breaking edge of a fuel crisis that may redefine normal work hours per day, per week, and per month.
Another issue involved with the description of full-time work is where the work will be performed. The regulations envision that at least 50% or more of the job will be performed in the United States, however, the entire job need not be in the U.S. A job requiring travel or work outside the U.S. can be sustained, as long as the majority of time will be in the U.S. Foreign companies may act as employers. They need only obtain a FEIN to qualify under PERM, and they can petition for employees to work in the U.S.
Much of this is uncharted territory, so employers should consult labor and employment law specialists to provide opinions on what constitutes a legal, full-time job in the U.S. For an updated BALCA decisioin, refer to BALCA upholds, Matter of Rankin Landscaping, Inc., 2007-INA-00057, 2008.
That's how many people were arrested in Laurel, Mississippi at one of the largest worksite raids in American history today. The question now is whether ICE and the Justice Department will blow it and do a re-run of Postville, Iowa or they will provide due process, humane treatment, and, most importantly since the workers are likely to be charged criminally, adequate access to attorneys.