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Jan 7 - Trillion Dollar Stimulus

Rating: 17 votes, 5.00 average.

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


January 7, 2010


http://www.ilw.com/immigdaily/digest/2010,0107.shtm


Items:
1.  Comment: Trillion Dollar Stimulus
2.  Focus: THE PERM BOOK
3.  Articles:
    (a) USCIS Grappling With The Right Of A Corporation To
    Petition For Its Owner For An H-1B Visa by Cora-Ann V.
    Pestaina
    (b) The Goal Is Freedom: Workers Of The World Unite For A
    Free Market by Sheldon Richman for the Foundation For
    Economic Education
    (c) Bloggings On Immigration Law And Policy by Greg Siskind
4.  News:
    (a) USCIS Issues QAs On Vaccination Requirements
    (b) USCIS Issues QAs On Removal Of HIV From CDC List
5.  Classifieds:
    (a) Help Wanted - Immigration Paralegals
    (b) Help Wanted - Immigration Attorneys
    (c) Help Wanted - Immigration Attorney
    (d) Translation Services
    (e) Website Services
6.  Headlines:
    (a) Reshaping Politics
    (b) Top Bishop Calls For Immigration Reform
    (c) 2010 Could Be Democrats' Last Chance For Change
    (d) Court Hears Immigration Law Case
7.  ComingsNGoings:
    (a) New Partner
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) Roy Germano


http://www.ilw.com/immigdaily/digest/2010,0107.shtm


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Immigration Law Seminars: http://www.ilw.com/seminars/
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_________________________________________________________________
1.  COMMENT


Trillion Dollar Stimulus


Los Angeles Times
http://www.latimes.com/news/local/la-me-immig7-2010jan07,0,5871672.story
reports on a study out of UCLA that estimates the economic impact
of CIR. "The report said that legalization, along with a program
that allows for future immigration based on the labor market,
would create jobs, increase wages and generate more tax revenue.
Comprehensive immigration reform would add an estimated $1.5
trillion to the U.S. gross domestic product over 10 years,
according to the report."


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/store/thepermbook.shtm
For the fax document, see here.
http://www.ilw.com/store/thepermbook.pdf
_________________________________________________________________
3.  ARTICLES


(a) USCIS Grappling With The Right Of A Corporation To Petition
For Its Owner For An H-1B Visa


Cora-Ann V. Pestaina writes "In order to make an accurate
assessment of these types of petitions, adjudicators ought to
examine the entire petitioner-beneficiary relationship on a case
by case basis, and to determine whether the beneficiary will
indeed be working in the H-1B specialty occupation."
http://www.ilw.com/articles/2010,0107-pestaina.shtm
http://www.cyrusmehta.com


(b) The Goal Is Freedom: Workers Of The World Unite For A Free
Market


Sheldon Richman for the Foundation For Economic Education writes
"Therefore the solution is not further government intervention,
as the progressives want, but repeal of privileges, subsidies,
licenses and the rest of the sources of political advantage that
protect the well-connected at the expense of the rest of us."
http://www.ilw.com/articles/2010,0107-richman.shtm
http://fee.org/


(c) Bloggings On Immigration Law And Policy


Greg Siskind writes "The movement embraces a lot of issues and
I'm pleased to see liberalizing immigration policies in the
technology sector among the issues on the movement agenda."
http://www.ilw.com/articles/2010,0107-siskind.shtm
http://www.visalaw.com/


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


(a) USCIS Issues QAs On Vaccination Requirements


USCIS issued questions and answers providing basic information
about the general vaccination requirements for immigrants
(including individuals seeking adjustment of status).
http://www.ilw.com/immigdaily/news/2010,0107-vaccination.pdf


(b) USCIS Issues QAs On Removal Of HIV From CDC List


USCIS issed questions and answers providing information about the
change in law made by the Department of Health and Human Services
(HHS), Centers for Disease Control and Prevention (CDC) that
removed HIV infection from the list of communicable diseases of
public health significance.
http://www.ilw.com/immigdaily/news/2010,0107-hiv.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted - Immigration Paralegals
Reston, VA - Goel & Anderson, LLC,
http://www.goellaw.com
a prominent business immigration law firm, has challenging,
rewarding, and stable career opportunities for immigration
professionals. Due to the sustained growth of our practice, we
currently have multiple openings for experienced corporate
immigration paralegals. 3+ years of business immigration
experience (NIV and IV) with top-tier immigration practice or in-
house corporate immigration department desired. Experience with
corporate immigration compliance and/or global immigration
matters is a plus. Extensive client contact involved.
Undergraduate degree, excellent organizational and communication
skills (both written and oral), and the ability to work
independently in fast paced environment required.  Goel &
Anderson offers highly competitive salaries + outstanding
benefits. Qualified candidates invited to apply with resume +
cover letter to mailto:careers@goellaw.com.  All submissions kept
strictly confidential.  No phone calls please.


(b) Help Wanted - Immigration Attorneys
Washington, DC - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorneys with 3+ years demonstrated experience in
immigration law for the Transformation Division. Serve as advisor
to the Special Counsel for Transformation, Chief of the
Adjudications Law Division, the Chief Counsel, and to
Transformation Integrated Product Teams on issues relating to
U.S. immigration laws. J.D. degree, active bar membership, 3+
years of post-J.D. experience required.  This job is being filled
by an alternative hiring process and is not in the competitive
civil service. For full details enter COU-CIS-2009-0011 here.
http://www.usajobs.com/
Applicants must submit (1) writing sample (10 pps. max) (2)
resume (3) cover letter, to mailto:Patrick.Kernan@dhs.gov. All
submissions must be received by 5pm EST January 8, 2010.
GS-13/14/15. Position open until filled. No relocation allowance
offered.


(c) Help Wanted - Immigration Attorney
Los Angeles, CA - USCIS Office of the Chief Counsel (OCC) seeks
experienced attorney for the position of Associate Regional
Counsel, USCIS OCC, Western Region. Responsibilities include, but
not limited to, serving as attorney providing on-site legal
advice to local District Office USCIS personnel on issues
involving immigration related adjudications, inadmissibility and
deportability grounds, and national security. J.D. degree, active
bar membership, 2+ years of post-J.D. experience required. For
full details enter COU-CIS-2009-0010 here.
http://www.usajobs.com/
Applicants must submit (1) writing sample (10 pps. max) (2)
resume (3) cover letter, to mailto:kelli.duehning@dhs.gov. All
submissions must be received by close of business on January 8,
2010. GS-13/14/15. Position open until filled. No relocation
allowance offered.


(d) Translation Services
Eurasia Translations, Inc. has been proud to serve immigration
attorneys and individuals since 1993 with the translation of
personal documents, academic credentials, criminal clearance
letters, etc. Our customers can rest assured that all of our
translations are prepared in accordance with USCIS requirements
and are accompanied by a notarized certificate of accuracy. For
more information, please call 888-887-1884 or visit our website.
http://eurasia-usa.com
For a free quote, please complete
http://www.eurasia-usa.com/quoteRequestForm.html
or fax your document at 818-907-9763.


(e) Website Services
Gain the competitive edge with your new website from INSZoom, the
world's largest immigration software company. Choose from a range
of template websites, complete with customized logos and images,
60-70 pps. of professionally written immigration law content
including news articles, processing dates, and priority times
posted directly on your site. Our search engine optimization
tools will increase your web traffic and prioritize your site in
the major search engines. Our content management tool lets you
update your site in real time. Customized intake sheets let you
integrate your case management software directly into your site.
Biweekly newsletters and email blast tools enable you to stay in
constant touch with current clients and strengthen your potential
client base. Build leads and maintain a professional presence at
a reasonable cost with websites from INSZoom. Learn more online
at http://www.inszoom.com/websites
or contact a sales representative at (925) 244-0600 to start the
process of launching your new website today.
_________________________________________________________________
6.  Headlines


(a) Reshaping Politics


We can confidently predict one finding. America's Hispanic
population, which is expected to come in at almost 16% of the
total, will have overtaken its black population, likely to be put
at around 2.5 percentage points less.


(b) Top Bishop Calls For Immigration Reform


Utah's top Roman Catholic leader joined a New York colleague
Wednesday in launching a nationwide campaign urging Catholics to
press for comprehensive immigration reform this year.


(c) 2010 Could Be Democrats' Last Chance For Change


Though moderate Democrats are expected to be extra cautious in
supporting their party's agenda this year because of the
political peril they face at home, the likelihood that 2010 will
be the party's last best shot at passing the reforms President
Obama campaigned on could make this year a veritable derby of
"change" legislation.


(d) Court Hears Immigration Law Case


The City of Fremont on Thursday asked the Nebraska Supreme Court
to allow it to block an anti-illegal immigration ordinance before
it can go to voters for approval.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2010,0107.shtm#Headlines
_________________________________________________________________
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 Partner
Fragomen, Del Rey, Bernsen & Loewy, LLP is pleased to announce
the election of Patrick Shen to partner. Patrick Shen is
Fragomen's Director of Global Compliance and a senior member of
the firm's Corporate Compliance Committee. In this capacity, he
works with U.S. and multinational clients in maintaining
compliant immigration programs. www.fragomen.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/immigdaily/archives.shtm


(a) Dear Editor:
Back in the old days, anti-immigrant hate was crude, but at least
it was open. If you were an Irish immigrant, you were "planning
to turn America over to the Pope". Jewish? Then you must have
been part of the "international Jewish conspiracy to take over
the world", according to the infamous forgery, "Protocols of the
Learned Elders of Zion". Italian? Then of course you were an
"anarchist", Mafia member, or both. Mexican? Then "Manyana is
good enough for me", as the old song went. I won't even mention
the hate directed against Asian immigrants. All one has to do is
read certain US Supreme Court decisions from around the turn of
the last century. Now, in the 21st Century, anti-immigrant hate
has become more "polite", but for that reason more insidious. It
is now masked in the form of supposedly neutral "scholarly
papers", such as the article by David North of the Center for
Immigration Studies entitled in part: "The Stalled Progress of
Recent Immigrants' Children".(01/05 ID). According to this
allegedly "objective" study, immigrants' children have high rates
of failure at school, start sexual activity at a younger age
(horrors! teenage sex? Oh no!), are stuck in poverty, etc., etc.,
the list goes on. But wait! These grim statistics do not apply to
the children of all immigrants, according to the article. The
children of white and Asian immigrants do just fine. It is only
the children of - yes, you guessed it - Spanish-speaking
immigrants who under-perform. Similar thinly disguised racism
masquerading as "scholarship" can be found in the library of
anti-immigrant hate books recommended in Jim Roberts' latest
letter (01/06/ID). It is almost enough to make one nostalgic for
the time when bigots had more guts and the xenophobes were less
hypocritical about their prejudices.
Roger Algase, Esq. New York, NY


(b) Dear Editor:
I thought ID readers may be interested to learn about my new
documentary film, "The Other Side of Immigration."  A clip and
more information about this project can be found using Google.
Please help me spread the word about this film so that more
Americans understand why so many people (particularly people from
the Mexican countryside) migrate to the US without documentation.
Roy Germano
_________________________________________________________________
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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