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  1. The impact of sequestration on PERM cases

    On April 11, 2013, representatives from the American Immigration Lawyers
    Association ("AILA") and the Department of Labor ("DOL") met to discuss the
    Office of Foreign Labor Certification ("OFLC"). In this meeting, AILA
    questioned whether the DOL employee furloughs that are expected to occur as a
    result of sequestration will affect the processing of labor certifications at
    the OFLC. The DOL stated that it has plans in place to ensure that it meets its
    regulatory and statutory requirements. It is currently within its processing
    time goals and is developing further plans to maintain these processing goals
    when sequestration occurs. Based on these comments, we remain hopeful that
    sequestration will not impact the processing of labor certification cases.
    This post originally appeared at Hammond Law Group's Views blog by attorney Cadence Moore
  2. Alaska's Murkowski Indicates She'll Support Immigration Bill

    by , 05-31-2013 at 06:53 PM (Greg Siskind on Immigration Law and Policy)
    She's one of the six Republican Senators I wrote about yesterday.
  3. Bloggings: Center for Immigration Studies Shows That Bigotry Against Minorities is at the Root of CIR Opposition. By Roger Algase

    Talk about letting the cat out of the bag. The Center for Immigration Studies (CIS) has now made it official.
    Huffington Post's Latino Voices page reports on May 30 that Steven Camarota, CIS Director of "Research" (since quotation marks are always advisable in referring to "research" or "studies" by anti-immigrant lobbying groups such as CIS, FAIR, or NumbersUSA), has issued the following press release, also dated May 30:
    "As Republicans think about how they can expand their voter base, the new data suggest that one of their big problems in the last presidential election was that so many less-educated whites sat home...These voters, who have been hard hit by the recession, have traditionally supported Republicans. It seems likely that by supporting the Schumer-Rubio amnesty, GOP legislators would further alienate these voters."
    See Republicans Should Chase White Vote, Center For Immigration Studies Says
    www.huffingtonpost.com/2013/05/30/republicans-white-vote_n_3361687.html?
    Of course, CIS would never wish to alienate anyone - except that is, for the millions of Latino, African-American and other minority voters who overwhelmed the Republicans in last November's election.
    Nor, to be sure, should we read any significance into the fact that even though several other members of the Senate Gang of Eight who crafted the CIR bill belong to America's white, Christian, majority, CIR somehow chose to focus on two members with Jewish and Latino names, respectively, as if they were the only authors of the immigration reform bill.
    Yes, coincidences do happen. And it also becomes more obvious each day that only real reason for opposition to CIR is white supremacist bigotry. Everythng else is just window dressing.
     


     
  4. Joel Stewart's PERM Workshop in San Francisco

    by , 05-30-2013 at 07:25 PM (Joel Stewart on PERM Labor Certification)
    I am very pleased to bring anotherall-day  PERM Workshop to the fore. It's scheduled on Wednesday, June 26, in San Francisco.
    ILW PERM workshops are different from all others. The format is an intense day-long worokshop with top nationally known speakers in a friendly environment where attention is given to each person attending.
    The workshop is divided into four sessions. During each, faculty and attendees exchange ideas and questions spontaneously, as they arise.
    The faculty this year is an all star team, with Ed Litwin, Linda Kim, David Ware, Rohit Turkhud, Kiran Vailale,  Nathan Waxman, Larry Rudnick, and Michael Piston.
    I have some cutting edge question to pose to the faculty at the workshop, but decided to reveal one of them in this Blog. I have not seen this issue addressed anywhere. If you have any thoughts, please write me.
    The question is, if the CO denies a PERM application because of the availability of a US worker, or because of a failure to contact a US worker, or some other reason based on the fact that the referral was a US worker, how can the government reach that conclusion if there is nothing in the record to confirm that the appliant is a US worker? I am not referring to the situation where the Employer needs to prove that the applicant is not a US worker, because in PERM proceedings, the Employer does not have that burden. The Employer must only document whether a worker is qualified, able, ready and available. If the government feels that a worker was improperly rejected, then the Employer has to prove the reasons for rejection, but it is government has the burden to prove that the rejected worker is a US worker.
    Our intensive PERM Workshops began in 2005 and always offer a superior, in-depth experience to spend the whole day immersed in all aspects of PERM. Both the speakers and the attendees will have a stimulating learning experience. The syllabus includes traditional and cutting edge issues.
    This year we will include a special focus on IT applications, and I have prepared a list of hot issues for discussion throughout the day.
    The line-up of speakers this year includes Edward Litwin and Linda Kim, who will speak in the first session, "The Basics and More." They will cover "How to Prepare a PERM Application" (including changes in the new proposed PERM form); "Business Necessity: Understanding O*Net, SVP, & Job Zones"; "Prevailing Wage and Wage Levels"; "Planning to Avoid Audits, Supervised recruitment and Denials"; "Perm Rule and FAQs"; and "Review of O*Net Occupations for IT Personnel."
    The second session features David Ware and Rohit Turkhud, who will present "Recruitment and Advertising: Recent Developments." The topics include "Notice of filing - What must be included?"; "Regular Recruitment andAdvertising"; and "SWA 30 Day Job Order Update": "Professional Recruitment Methods"; "Special Handling for Athletes and University Professors"; "Supervised
    Recruitment"; "Requirements for Travel, Roaming Employees and Home Office in IT and other Industries". Kiran Vailale from Adnet will provide commentary on local recruitment issues around the country, such as choice of media and recommendations on how much detail to put in advertisements.
    During lunch there will be a general update on the 2013 Legislation including issues affecting PERM and Employment Immigration.
    The afternoon starts off with a discussion of "Post Filing Issues: CO Review of Applications". Nathan Waxman and Larry Rudnick will be featured speakers. Topics include "Record File: Which Documents to Preserve in the Record?"; "Audits: How to Interpret DOL's Boiler Plate Instructions"; "Which
    Documents must be submitted in Audit Responses"; "Evidentiary Burdens and Alien Ownership and Influence"; "Reconsideration: Government Queue & Harmless Error"; "Which documents may be submitted in Reconsideration?"; and "Special Challenges for IT Workers."
    The final session of the day is "Post Denial Remedies" featuring Michael Piston and other panel members who will analyze BALCA, including the "Structure of the ALJ office," "BALCA's Rules of the Court and important Caveats"; "Jurisdictional limits of BALCA and Due Process Considerations"; "Important En Banc Decisions, Remands and Harmless Error"; "Issues of Deference to Agency Decisions by BALCA and the Federal Courts"; "Review of Prevailing Wage Decisions"; "When to File for Review in Federal Court."
    Following the PERM Worksho, I will be stationed at Booth No. 417, Adnet Advertising Agency, Inc. during the entire AILA Conference and will be available to follow-up personally with anyone who wants to discuss specific cases or issues. Kiran Vairale will also be at the booth to provide guidance on recruitment procedures and the placement of advertisements per the PERM Rule. 
    For further information on the Workshop and Registration, go to the ILW site:
    http://www.ilw.com/workshops/june2013perm.shtm
    You may contact me personally at  work at the Fakhoury Law Group in Miami. My e-mai address is Joel.stewart@employmentimmigrtion.com.
    Attendees will receive a copy of the new PERM Book III featuring a special IT Section by Rami Fakhoury and Matt Morse, PERM experts at the Fakhoury Law Group.
     
  5. Latino Realtors Estimate Immigration Reform Would Result in Millions of New Home Sales

    by , 05-30-2013 at 07:06 PM (Greg Siskind on Immigration Law and Policy)
    From the National Association of Hispanic Real Estate Professionals:

    If current legislation that creates a path to legalization for 11
    million undocumented immigrants is passed, the nation's Hispanic real
    estate leaders estimate that it would create a new pool of 3 million
    homeowners and pump more than $500 billion* in sales, income and
    spending into the U.S. housing economy. According to an info graphic
    released today by NAHREP, the chain reaction triggered by home purchases
    would drive demand for more than $500 billion in real estate
    transactions and an additional $233 billion in origination fees, real
    estate commissions and consumer spending associated with homeownership. A
    copy of the info graphic is available at http://nahrep.org/immigration-reform.



    Based on previous estimates from analysts, NAHREP officials calculate
    that as many as 6 million undocumented immigrants are likely to pursue
    legalization and possibly citizenship under the bill and up to 3 million
    would pursue homeownership based on the patterns of naturalized
    Latinos.



    "Foreign-born householders have a high value and strong desire for
    homeownership," said Juan Martinez, NAHREP president. "They have been
    here in our midst for years, working and participating in our economy.
    Legitimizing them through immigration reforms would finally give them
    the access and the confidence to buy homes."
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