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Feb 11 - Top Links January 2010

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


February 11, 2010


http://www.ilw.com/immigrationdaily/digest/2010,0211.shtm


Items:
1.  Comment: Top Links January 2010
2.  Focus: THE PERM BOOK
3.  Articles:
    (a) Bloggings On Nurse And Allied Health Immigration by
    Christopher T. Musillo
    (b) Immigrant Of The Day: Adalberto Jose Jordan of Cuba by
    Kevin R. Johnson
    (c) Bloggings On Updates In Immigration Law by Carl
    Shusterman
4.  News:
    (a) Neufeld On Numerical Limitation Exemption for H
    Nonimmigrants Employed in the CNMI and Guam
    (b) DHS Secretary Napolitano Launches Public Engagement
    Website
5.  Classifieds:
    (a) Help Wanted - Immigration Attorney
    (b) Help Wanted - Immigration Paralegals
    (c) Credential Evaluation And Translation
    (d) Forensic Psychology Services
6.  Tweets:
    (a) 7 Tweets Today
7.  ComingsNGoings:
    (a) New Associate - New York, NY
8.  Letters From:
    (a) Roger Algase, Esq.


http://www.ilw.com/immigrationdaily/digest/2010,0211.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


Top Links January 2010


We feature the most accessed links by our readers in January 2010
below:


Top five January Immigration Daily Articles


++Immigrants And The Economy by David Dyssegaard Kallick
http://www.ilw.com/articles/2010,0106-kallick.pdf
++Immigration Reform: Check Your Premises by Harry DeMell
http://www.ilw.com/articles/2010,0105-demell.shtm
++The Trials And Tribulations Of Highly Educated Immigrants by
Victoria Donoghue
http://www.ilw.com/articles/2010,0120-donoghue.shtm
++Bloggings On Dysfunctional Government: Please Tweet Me An H-1B by
Angelo A. Paparelli
http://www.ilw.com/articles/2010,0115-paparelli.shtm
++B-1/B-2 Visa Processing Update by Brian Bolton
http://www.ilw.com/articles/2010,0104-bolton.shtm


Top five January Immigration Daily Items


++  DOL Policy Guidance On Federalized Prevailing Wage System
http://www.ilw.com/immigrationdaily/news/2010,0104-prevailingwagepolicyguidanceNovember2009.pdf
++USCIS Issues QAs On Neufeld Memo On H-1B Employee-Employer
Relationship
http://www.ilw.com/immigrationdaily/news/2010,0114-h1b.shtm
++USCIS On Reorganized Structure
http://www.ilw.com/immigrationdaily/news/2010,0112-org.shtm
++USCIS Director On TPS for Haiti
http://www.ilw.com/immigrationdaily/news/2010,0119-haiti.shtm
++Neufeld Memo On Employer-Employee Relationship For H-1B
Petitions
http://www.ilw.com/immigrationdaily/news/2010,0113-h1b.pdf


We welcome readers to share their opinion and ideas with us by
writing to mailto:editor@ilw.com.
_________________________________________________________________
2.  FOCUS


THE PERM BOOK


THE PERM BOOK, 2nd 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/books/thepermbook.shtm
For the fax document, see here.
http://www.ilw.com/books/thepermbook.pdf
_________________________________________________________________
3.  ARTICLES


(a) Bloggings On Nurse And Allied Health Immigration


Christopher T. Musillo writes "The National Council of State
Boards of Nursing, Inc. will raise the passing standard for the
NCLEX-RN Examination (the National Council Licensure Examination
for Registered Nurses), effective April 1, 2010.
http://www.ilw.com/articles/2010,0211-musillo.shtm
http://www.muimmigration.com/


(b) Immigrant Of The Day: Adalberto Jose Jordan of Cuba


Kevin R. Johnson celebrates the achievement of Adalberto Jose
Jordan, U.S. District Judge in in the Southern District of
Florida.
http://www.ilw.com/articles/2010,0211-johnson.shtm
http://lawprofessors.typepad.com/


(c) Bloggings On Updates In Immigration Law


Carl Shusterman writes "The State Department has released a
report showing the increasing number of people with approved
immigrant visa petitions at the National Visa Center who are
waiting for their visa numbers to be current."
http://www.ilw.com/articles/2010,0211-shusterman.shtm
http://shusterman.com/


To submit an Article for consideration, write to
mailto:editor@ilw.com
_________________________________________________________________
4.  NEWS


(a) Neufeld On Numerical Limitation Exemption for H Nonimmigrants
Employed in the CNMI and Guam


USCIS Acting Associate Director, Service Center Operations Donald
Neufeld provided guidance on the processing and adjudicating of
Form I-129 filed on behalf of H-1B "specialty occupation" and
H-2B "temporary nonagricultural" workers.
http://www.ilw.com/immigrationdaily/news/2010,0211-neufeld.pdf


(b) DHS Secretary Napolitano Launches Public Engagement Website


DHS Secretary Napolitano announced the launch of a new online
public engagement tool designed to solicit input from the public.
http://www.ilw.com/immigrationdaily/news/2010,0211-napolitano.shtm
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted - Immigration Attorney
Detroit area, MI - Expanding employment immigration law firm
seeks junior immigration attorney with 2+ years business
immigration law experience in H, L, PERM cases. Candidate must
enjoy working in fast-paced collegial environment, posesses
excellent communication skills, is able to multi-task and work
independently. Competitive salary + compensation package offered.
Relocation package unavailable. All replies treated in strict
confidence. Send resume + cover letter to:
mailto:immlawattymi@yahoo.com.


(b) Help Wanted - Immigration Paralegals
Detroit area, MI - Expanding employment immigration law firm
invites immigration paralegals with 5+ years business immigration
law experience in H, L, PERM cases to consider joining our team.
Candidates should be detail-oriented, able to work independently,
be team players, and have solid writing and speaking ability.
Competitive salary offered. Send resume + cover letter to:
mailto:immlawparami@yahoo.com.


(c) Credential Evaluation And Translation
Why do the largest law firms, corporations and universities in
the U.S. choose AETS for their foreign credential evaluations?
Because as the nation's leader in foreign credential evaluations
and translations, American Evaluation & Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $75
educational evaluations, as well as $300 'expert opinion' work
experience and position evaluations completed by PhD university
professors who have the "authority to grant college level credit
for work experience and/or training." AETS offers a variety of
turn-around times, including same-day service for educational,
work experience, and position evaluations. For list of rates and
times, see:
http://www.aetsinternational.com/AETS.Credential.Evaluation.Application.PDF.Writable.2009.pdf.
AETS also provides certified translations in 100+ languages, with
translators that are specialists in 80+ fields. For a copy of the
Application for Credential Evaluation and Translation Services, see:
http://www.aetsinternational.com/AETS.Translation.Application.PDF.Writable.2009.pdf.
Please contact AETS at anytime at (786)276-8190, visit
http://www.aetsinternational.com , or email:
mailto:info@aetsinternational.com.


(d) 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.
http://www.forensicpsychologyexperts.com
The right experts make a real difference.
_________________________________________________________________
6.  Tweets


(a) Exclusive interview with Rep. Pelosi - "I hope to pass
#immigration reform this year [...] we'll have the votes"
http://ow.ly/16r5f


(b) Tea Parties will become extinct if they listen to #Tancredo
http://ow.ly/16jdu Deport the racists to Antarctica


(c) Arpaio defies toothless #ICE http://ow.ly/16j3J Napolitano's
bark is worse than her bite


(d) Talent Has No #Borders http://ow.ly/16i1q


(e) The H-1B Book- An excellent tool for attorneys who want to
learn the fundamentals of H-1B Process. Get your copy at
http://ow.ly/161gp


(f) Argument against #dreamact debunked: US-born HS stdents need
not view immigrant classmates as threat 2 getting in college
http://ow.ly/160le


(g) Facing Our Future: Children in the Aftermath of #Immigration
Enforcement. 100,000 parents of USC have been deported.
http://ow.ly/15W5l


Follow ILW.COM on Twitter
http://www.twitter.com/ilwcom
_________________________________________________________________
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 Associate - New York, NY
Cyrus D. Mehta and Associates, PLLC is pleased to announce Myriam
Jaidi has joined the firm. Myriam represents clients on a full
range of employment- and family-based immigration matters. Ms.
Jaidi's full bio is available at www.cyrusmehta.com.
_________________________________________________________________
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/immigrationdaily/archives.shtm


(a) Dear Editor:
There has just been another illustration of the reluctance of
even the most outspoken representatives of the American left to
speak out against anti-immigrant bigotry. At the opening of the
Tea Party convention, Tom Tancredo, the notorious anti-immigrant
and anti-Latino former Congressman, gave an openly racist speech
attacking people who "could not say the word 'vote' in English"
and recommended bringing back the infamous literacy tests that
were once used to deny African-Americans the right to vote.
However, it was clear that despite the reference to the literacy
tests, Tancredo's speech was an attack on Hispanics, not African-
Americans, since the latter are obviously native English speakers
who have no trouble saying the word "vote". Despite this, two of
America's most respected liberal media figures, MSNBC's Rachel
Maddow and Keith Olbermann, presented lengthy segments on the
history of anti-black discrimination in the South and invited
noted African-American commentators to express their outrage at
Tancredo's rant. As someone who once had the privilege of working
for a lawyer who was one of Martin Luther King's advisers, I am
not exactly insensitive to the history of discrimination against
African-Americans. But Tancredo's speech was not directed against
African-Americans. It was an obvious attack against Hispanics and
other non-white immigrants. This, according to some press
reports, was offensive even to some Tea Party members. The fact
that neither Maddow nor Olbermann made a single reference to the
real targets of Tancredo's racism and did not invite a single
Hispanic or immigrant spokesperson to respond is both curious and
disturbing.
Roger Algase, Esq.                 New York, NY
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
colleague!


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


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Send correspondence and articles to editor@ilw.com. Letters and
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