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    by , 08-26-2008 at 10:48 AM (Greg Siskind on Immigration Law and Policy)
    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.


    by , 08-26-2008 at 07:20 AM (Greg Siskind on Immigration Law and Policy)
    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 team
    Nastia Liukin - Winner of all around gold medal in women's gymnastics
    Kirsty Coventry - Gold medal winner and new world record holder in 100m backstroke
    Alexander Artemev - Bronze medal in men's gymnastics
    Tony Azevedo - Member of silver medal winning men's water polo team
    Anna Tunnicliffe - Gold medal in sailing
    Susan Francia - Gold medal in rowing
    Phil Dalhausser - Winner of gold in beach volleyball
    Liang Chow - Coach of gold medalist Shawn Johnson
    Martha Karolyi - Coach of silver medalist US women's gymnastics team

    Well done!
  3. What constitutes a legal full-time job in the U.S.?

    by , 08-26-2008 at 05:20 AM (Joel Stewart on PERM Labor Certification)
    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.

  4. 350

    by , 08-25-2008 at 07:36 PM (Greg Siskind on Immigration Law and Policy)
    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.

    by , 08-25-2008 at 09:53 AM (Greg Siskind on Immigration Law and Policy)
    I have been getting reports throughout the morning from immigration advocates in Mississippi that Immigration and Customs Enforcement has been staging a massive series of raids on employers and in apartment complexes in the southern part of the state with a large number of arrests. I'll have more to report as news develops.
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