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Mar 18 - Social Networking Perils

Rating: 9 votes, 5.00 average.

-----------------IMMIGRATION DAILY FROM ILW.COM------------------

March 18, 2010,0318.shtm

1.  Comment: Social Networking Perils
2.  Focus: THE PERM BOOK
3.  Articles:
    (a) Immigrant Of The Day: Chang-rae Lee of Korea by Kevin R.
    (b) Bloggings On Updates In Immigration Law by Carl
    (c) Bloggings On Nurse And Allied Health Immigration by
    Christopher T. Musillo
4.  News:
    (a) Department of Defense Releases MAVNI Fact Sheet
    (b) ICE Indicts DHS Employee Impersonator
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Help Wanted: Immigration Paralegals
    (c) Help Wanted: Immigration Attorney
    (d) Help Wanted: Immigration Attorney
    (e) Help Wanted: Immigration Attorney
    (f) I-9 And E-Verify Compliance Technology
    (g) Forensic Psychology Services
6.  Tweets:
    (a) 11 Tweets Today
7.  ComingsNGoings:
    (a) Immigration Event - New York, NY
8.  Letters From:
    (a) Comments on this issue,0318.shtm

Books On Immigration Law:
Immigration Law Seminars:

Social Networking Perils reports "The unforeseen perils of online communication
and participation by judges and lawyers have been revealed in
several scenarios that will highlight what happens when social
networking sites and ethical boundaries intersect." For the full
story, see here.

We welcome readers to share their opinion and ideas with us by
writing to


The outline of THE PERM BOOK, 2nd Edition is as follows:


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
++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
++656.12 Prohibition on Payment of Attorney's Fees by Paull
++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
++656.17(h)(3) Combination of Occupations under PERM by Nathan
++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.
++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.
++656.20 How PERM Cases are Selected for Audit by Christina B.
++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

C. Editor's Comments to the PERM Rule


A. Frequently Asked Questions (FAQ) by Lawrence Rudnick
B. Summary of DOL PERM Stakeholders Meetings by Lorna Rogers
C. Frequently Asked Questions


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
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


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


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


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


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


All 50 states + 4 territories (Guam, District
of Columbia,US Virgin Islands, and Puerto Rico)


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
++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.
For the fax document, see here.

(a) Immigrant Of The Day: Chang-rae Lee of Korea

Kevin R. Johnson celebrates the achievements of author Chang-rae Lee.,0318-johnson.shtm

(b) Bloggings On Updates In Immigration Law

Carl Shusterman writes "For the same reason that Highway Patrol
Officers don't shoot speeders, or even arrest them, separating a
woman from her family for ten years to life for illegally
crossing the border after an expedited removal is simply insane!",0318-shusterman.shtm

(c) Bloggings On Nurse And Allied Health Immigration

Christopher T. Musillo writes "CGFNS recently announced that
renewal applicants do not have to take another approved English
exam for renewal of their Visa Screen certificate if they have
been employed in the US for at least 27-36 months - including
nine months of the year before the date an applicant submits the
renewal application.",0318-musillo.shtm

To submit an Article for consideration, write to
4.  NEWS

(a) Department of Defense Releases MAVNI Fact Sheet

The Department of Defense released a fact sheet on the Military
Accessions Vital to the National Interest (MAVNI) initiative
which  authorized the military services to recruit certain legal
aliens whose skills are considered to be vital to the national

(b) ICE Indicts DHS Employee Impersonator

ICE special agents arrested a South Florida man on March 15 for
his alleged involvement in an immigration benefit fraud scheme
where he is alleged to have impersonated a DHS employee in an
attempt to obtain money from illegal immigrants by falsely
promising them immigration benefits to remain in the US.,0318-fraud.shtm

(a) Help Wanted: Immigration Paralegal
Boston, MA - Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
seeks immigration legal assistant who will report to immigration
section manager and supports immigration attorneys. Prepare H-1B,
L-1, O-1, TN, and E-1/E-2 visas and PERM application; file
business and employment-related immigration documentation under
supervision of attorneys; extensive communication with clients
and gov't agencies; assist on special projects as assigned.
Bachelor's degree and minimum of 4 to 8 years business
immigration experience required; excellent customer service
skills; strong communication skills; must be organized, detail
oriented, responsive and have excellent follow through skills;
multi-task and work independently; strong sense of accountability
and ownership of projects; ability to prioritize workload
effectively; flexibility to work overtime when necessary. Please
send resume to

(b) Help Wanted: Immigration Paralegals
Atlanta, GA, So. Calif. & San Francisco - Seeking immigration
paralegals to manage large business immigration accounts. Must
know full business immigration product range (H, L, O, TN, E,
PERM, I-140, AOS, etc.) and must be tech-savvy and detail
oriented with strong project management skills and ability and
eagerness to operate in team environment. Successful law firm
with large firm resources and great local office culture.
Competitive compensation and benefits. In California, contact
Angelo Paparelli; in Atlanta,
contact James King

(c) Help Wanted: Immigration Attorney
Chicago, IL -  The Office of the Chief Counsel seeks experienced
attorney with demonstrated experience in personnel law, labor
law, torts law, privacy and disclosure law and other
administrative laws for the Commercial and Administrative Law
Division. Serve as senior attorney providing advice to Chief of
the Commercial and Administrative Law Division, the Chief
Counsel, and USCIS officials located at the Headquarters Office
in support of USCIS's mission. Five+ years relevant legal
experience required. For more info, key in Job Announcement
Number: COU-CIS-2010-0002 at
Submit resume, cover letter + legal brief samples (max. 10 pps.)
to Lakisha Richardson: at
This job is being filled by an alternative hiring process and is
not in competitive civil service. Must be received by close of
business, Monday, March 22, 2010. Position is at the GS-13/14/15

(d) Help Wanted: Immigration Attorney
New York, NY -  The Office of the Chief Counsel seeks experienced
attorney with demonstrated experience in personnel law, labor
law, torts law, privacy and disclosure law and other
administrative laws for the Commercial and Administrative Law
Division. Serve as senior attorney providing advice to Chief of
the Commercial and Administrative Law Division, the Chief
Counsel, and USCIS officials located at the Headquarters Office
in support of USCIS's mission. Five+ years relevant legal
experience required. For more info, key in Job Announcement
Number: COU-CIS-2010-0003 at
Submit resume, cover letter + legal brief samples (max. 10 pps.)
to: Lakisha Richardson: at
This job is being filled by an alternative hiring process and is
not in the competitive civil service. Must be received by close
of business, Monday, March 22, 2010. Position is at the
GS-13/14/15 levels.

(e) Help Wanted: Immigration Attorney
Laguna Niguel, CA - The Office of the Chief Counsel seeks
experienced attorney for its Training and Knowledge Management
Division (TKMD). Attorney will serve as advisor to the Division
Chief of TKMD, the Chief Counsel, and to USCIS and other
Departmental components on issues relating to U.S. immigration
laws. Attorney will provide legal advice, develop, and conduct
training on a variety of immigration related issues. Position has
a particular focus on employment-based nonimmigrant and immigrant
classifications, and will be located at California Service
Center. Travel is connected with position.  For more info, key in
Job Announcement Number: COU-CIS-2010-0001 at
Applications submitted through USAJOBS will not be considered.
Submit resume, cover letter + two writing samples (max. 10 pps.)
to: Janice Neetenbeek, Chief, TKMD: at Must be received by close of
business, Monday, March 22, 2010. Position is at the GS-13/14/15
levels. No relocation reimbursement available.

(f) I-9 And E-Verify Compliance Technology
What do top employment firms, leading I-9 experts, and 3,000+ US
worksites all have in common about their I-9 and E-Verify
compliance strategy? LawLogix's state-of-the-art integrated I-9
and E-Verify system that provides organizations with a platform
to create, store, and easily manage secure electronic and error
checked I-9's and E-Verify results. LawLogix boasts a 9-year
track record, successful migration of over half a million paper
I-9s, unmatched data security, and cutting edge features to
assist organizations with state and federal compliance (e.g., FAR
Executive Order 13465). We offer a systematic approach to the
reduction of compliance risks including the automated digitizing
and transcription of old I-9s, real-time error checking of new
electronic I-9s, and data integration with current HRIS systems.
Tangible results: time-saved, fewer paid fines, significant
reductions in compliance and reputation risks. Visit:
email or call today 602-357-4240 ext.
7150 to sign-up under our money back guarantee or to request your
private demo.

(g) Forensic Psychology Services
Forensic Psychology Group - nationwide service - 800-852-2160.
The Forensic Psychology Group provides nationwide expert witness
services in all areas of immigration law. It is led by Stephen
Reich, PhD, JD, and Grace P. Lee, PhD, JD, who are both clinical
psychologists and attorneys, and also AILA members. The Group's
experts - all licensed psychologists or psychiatrists - have
extensive experience in working collaboratively with immigration
lawyers on a wide range of forensic psychological issues. We
offer nationwide service in the following areas: psychological
consultation, psychodiagnostic evaluation, psychological reports,
expert witness services, courtroom testimony, political asylum
evaluation, extreme and exceptional hardship evaluations, spousal
abuse, citizenship waivers. Dr. Stephen Reich, the Group's
founder and director, is a nationally known forensic psychologist
who holds a BA, JD, and MBA from Columbia University, and an MA
and PhD in Clinical Psychology from Fordham University. He has
been on the faculty of Weill Cornell Medical College and on the
Attending Staff of New York Presbyterian Hospital for 30+ years.
Visit The Forensic Psychology Group.
The right experts make a real difference.
6.  Tweets

(a) The #Immigration Compliance Book: Understand I-9 concepts,
I-9 advanced topics and E-Verify. Get your copy today at

Recession, #Immigration Spur More Families to Live Together: 16%
households w/ at least two adult generations

Groups mobilize to pressure lawmakers to act on #immigration
reform- "Tacos for Justice" coupons and scorecards on 3/21

In the tradition of nonviolent social mov'ts: Risking
Deportation, Undocumented Students Publicly Disclose Their Status

RollCall: "The Hammer" Tom DeLay, GOP bigwig says "the left is
right", accuses Obama of "doubletalk" on #immigration

Rightwing notices Hispanic alienation with Obama
Will a GOP leader woo Hispanics by legalization?

Frank Sharry: A Moment Of Truth March on the 21st!

March for freedom n #immigration on the 21st
Carry the Red White n Blue!

Racist rascals slander Republican statesman on #immigration Dont argue with the racists, Deport them from

Business/Labor Blowout Imperils #Immigration Reform

RT @breakthrough: Anti-#immigration group NumbersUSA feeling the
heat. @Imagine2050 restorefairness #m4a
#ri4a #p2

Follow ILW.COM on Twitter
7.  ComingsNGoings

Readers can share professional announcements (up to 100-words at
no charge), email: To announce your event,
see here

(a) Immigration Event - New York, NY
The CUNY Working Task Force on Strengthening Educational
Opportunities for the Mexican and Mexican American Community and
the Mexican Consulate of New York invites you to attend this
conference which will update the social, demographic, and
historical developments of CUNY's ongoing work with Mexican
immigrants. "The Mexican Diaspora in New York City: New
Identities, Old Challenges", Baruch College: Friday, March 19,
2010, Newman Conference Center, Baruch College (CUNY), 151 East
25th Street, 7th Floor, New York, NY. Free and open to the public.

(a) Read the 4 comments on the last issue
of Immigration Daily and share your own comments.Comment on this
issue of Immigration Daily.
The first daily in the field of immigration. Forward this to a

Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X

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  1. Brittanicus's Avatar

    Alert! Tell Washington that the pro-amnesty rally does not represent you... or most Americans!

    This weekend will be a historical turning point in the illegal alien occupation of our country. We as Americans can stand back disinterested and watch, or do the right thing for 15 million US jobless labor force that is climbing to new heights? ITS INCORRIGIBLE that our President-Senate-House would try to pass a suspect CIR (AMNESTY) when Americans are hurting. Legal residents who entered the country through the main gate and didn't slither through the darkness past the under manned personnel of the US Border Patrol, should also join our ranks.. This weekend thousands of foreign nationals who are demanding rights to live here, when in the first place they cheated THE PEOPLE'S sovereign laws. They are being bussed to Washington, paid for parasite wealthy corporate owners, faith organizations, scab unions, so called non-profit foundations. BUT WE HAVE A RIGHT AS AMERICANS, TO LOBBY OUR LEGISLATORS. In addition Patriotic Americans are going to jam the switchboards at 202-224-3121. YOU CAN TOO?

    Numbersusa. needs your--URGENT--assistance, whether you are member of the million citizen or resident plus pro-sovereignty anti-illegal immigrant organization. Remember this is a prelude to President Obama's Amnesty, that you will end up paying for as a taxpayer? Billions of your dollars will be committed from your paycheck to pay for processing these people, unifying their family members and the next rush to the borders or airlines, for expecting a third future amnesty. You will not only be squeezed for more money to pay for there health care, for their crippled and sick, but education for there children and incarceration of the criminal element, which has soared. With the legitimized settlement of at least 20 to 30 thousand, that will easily expand to 60 million more as families will be able to join those already here. THIS WILL BE THE BEGINNING OF UNSUSTAINABLE POPULATION GROWTH. THEN THEIR ARE THOSE POOR, DESPERATE, DESTITUTE WHO WILL TRY TO REACH OUR NATION, BEFORE THE NEW LAW IS SIGNED? Wonderful profit margins for businesses, but not for the US Taxpayer. Currently our schools are suffering terribly, crammed to the limit in the Sanctuary State of California. The majority of states right now are overrun by this spreading pandemic of red ink. Costing unaccountable dollars and tenuously balancing government entitlements for our own poverty stricken citizens.

    NumbersUSA is mobilizing there members in assisting in stopping every amnesty since 2000, and now revving up resources to do the same this time around. Starting FRIDAY (3/19) NumbersUSA on Day 1 will be begin a nationwide effort for activists to visit Member's local Congressional offices at 1:30 p.m. EDT with a signed letter.SATURDAY (3/20) -- On Day 2, they will launch our faxing and petition campaign. When the Members return to their Washington offices, we need them to see your HUGE RESPONSE. It's also a Social Networking Day, so they want members to join them on Face book and Twitter.SUNDAY (3/21) - Day 3, the pro-amnesty organizers will host their rally on the National Mall in Washington D.C., and many anti-immigration organizations will appear there too. MONDAY (3/22) - Day 4, it's NumbersUSA National Call Campaign. The pro-amnesty supporters will be walking the halls of Congress urging Members to pass an amnesty. So It will be very important for patriotic Americans make their phone calls and have the Capitol office phones ringing incessantly during their visit. Find all this information and more at Numbersusa You can also harass your Senator at 202-224-3121. jamming the switchboards in the capitol.

  2. James D. Prappas, Esq.'s Avatar
    I cannot locate the citation referenced below in a recent Immigration Daily JULY Citations 2009 Featured Article on March 3, 2010, specifically the citation from Rodney Malpert
    entitled: Outline: Challenging Adjudication Standards for L Intracompany Transferees.

    Editor's note: thank you for bringing this to our attention. The link has been corrected and is now available.,0303-citations.shtm
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