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Dec 4 - The Immigrant's Way

Rating: 9 votes, 5.00 average.

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


December 4, 2009


http://www.ilw.com/immigdaily/digest/2009,1204.shtm


Items:
1.* Comment: The Immigrant's Way
2.* Focus: THE PERM BOOK
3.* Articles:
*** (a) Bloggings on Updates in Immigration Law by Carl
*** Shusterman
*** (b) Bloggings On Nurse And Allied Health Immigration by
*** Christopher T. Musillo
*** (c) Immigrant Of The Day: Caitlin Rebekah Kiernan of Ireland
*** by Kevin R. Johnson
4.* News:
*** (a) EOIR Announces Disciplinary Actions
5.* Classifieds:
*** (a) Help Wanted: Immigration Professional
*** (b) Translation Services
*** (c) BIA Delivery Service
6.* Headlines:
*** (a) Immigrants Get The Runaround
*** (b) Court: Mass Criminal Immigration Hearings Unlawful
*** (c) Hard-line Immigration Group Pulls Backing From Dobbs
*** (d) Immigration Detention Facility Population Doubles In
*** Decade
7.* ComingsNGoings:
*** (a) Immigration Event - Washington, DC
8.* Letters From:
*** (a) Roger Algase, Esq.
*** (b) Sergi Sheplov
*** (c) Robert Yang


http://www.ilw.com/immigdaily/digest/2009,1204.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
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_________________________________________________________________
1.* COMMENT


The Immigrant's Way


ILW.COM is pleased to announce the publication of The Immigrant's
Way by Margaret Wong.
http://www.ilw.com/store/TheImmigrantsWay.shtm
From in-depth immigration histories of different immigrant groups
to simple tips to real-life stories and scenarios, readers will
learn about the immigration process including adoption, asylum,
deportation, and visas for students, workers, family members,
etc.* Ms. Wong peppers the guide with stories about her own
journey, which began when she and her sister came to the U.S. on
scholarships "...and had to work in the school cafeteria as part
of the package... somehow, breakfast for the nuns, college kids
and staff was always ready at 7 a.m.* Even now, 40 years later, I
still remember the early morning freezing weather, getting up and
putting on clothes, getting ready for school and the day's
testing, and that breakfast for 500 people." She has represented
many universities, corporations and high-profile individuals,
including President Obama's aunt. To contact Ms. Wong see here.
http://www.imwong.com


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) Bloggings on Updates in Immigration Law


Carl Shusterman writes "Immigration attorneys are all too aware
that U.S. immigration laws are so overly strict our last three
Presidents would all be ineligible to even visit our country,
much less to qualify for green cards."
http://www.ilw.com/articles/2009,1204-shusterman.shtm
http://www.shusterman.com/


(b) Bloggings On Nurse And Allied Health Immigration


Christopher T. Musillo writes "CGFNS was reauthorized by the
Department of Homeland Security to issue Visa Screens and
Healthcare Worker Certificates, effective November 19, 2009."
http://www.ilw.com/articles/2009,1204-musillo.shtm
http://www.muimmigration.com/


(c) Immigrant Of The Day: Caitlin Rebekah Kiernan of Ireland


Kevin R. Johnson writes "Caitlin Rebekah Kiernan is the author of
many science fiction and dark fantasy works, including six
novels, many comic books, more than one hundred published short
stories, novellas, and vignettes."
http://www.ilw.com/articles/2009,1204-johnson.shtm
http://lawprofessors.typepad.com/


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


(a) EOIR Announces Disciplinary Actions


The Executive Office for Immigration Review (EOIR)recently took
disciplinary action against 18 attorneys for violations of the
Rules of Professional Conduct for immigration practitioners.
http://www.ilw.com/immigdaily/news/2009,1204-disciplinary.pdf
_________________________________________________________________
5.* CLASSIFIEDS


(a) Help Wanted: Immigration Professional
Washington, DC - The American Council on International Personnel
seeks a director of agency liaison. Work with ACIP members and
federal immigration agencies to improve immigration
policies/procedures for large multinational employers. Maintain
relationships with policymakers and report on agency activities,
organize and report on liaison meetings, identify emerging global
mobility trends and explore best practices, draf Fed Register
comments and amicus briefs as needed, analyze new policies and
procedures, and communicate changes to members through weekly
email bulletins, website updates, webcasts, and other venues.
Involved in planning ACIP's Annual Symposium in June. Public
speaking and travel required.* Ideal candidate has law degree,
detailed knowledge of business immigration laws + procedures,
understanding of global mobility best practices, experience
filing immigration applications on behalf of large employers,
liaison experience, ability to juggle shifting priorities,
excellent writing skills + ideas for improving immigration
system. Send resume, cover letter, references + writing sample to
mailto:lynn_shotwell@acip.com.


(b) Translation Services
Certified translations by Legal Language Services in 157
languages have helped immigration attorneys throughout the United
States for more than 25 years. Legal Language translates birth
and marriage certificates, academic degrees, health records,
employment information and other documents needed for immigration
proceedings. Legal Language meets all USCIS translation
requirements. Legal Language also offers consecutive and
simultaneous interpreting, as well as certified transcription, in
support of immigration proceedings. Rush service, including same
day service, is available for a slight additional fee. For a free
consultation or for more info: call 1-800-788-0450 or email
mailto:immigration@legallanguage.com or visit us at
http://www.legallanguage.com/lp/immigrationtranslation/. In
addition, Legal Language seeks experienced immigration attorneys
to contribute to our blog and respond to questions from visitors
to our site. mailto:immigration@legallanguage.com to discuss
further.


(c) BIA Delivery Service
Have you missed the deadline for overnight delivery to the Board
of Immigration Appeals? We offer same day service to the BIA. We
are conveniently located only a block away. Fax us your Notice to
Appeal or brief by 2pm ET on the due date to: (703) 845-5991 and
we will personally file it for you, obtain a stamped date copy
and mail/fax it back to you. We offer competitive rates and
unparallelled service. For information, contact us: Brief-X-
Press, Falls Church, VA* Fax: (703) 845-5991.
_________________________________________________________________
6.* Headlines


(a) Immigrants Get The Runaround


Immigration and Customs Enforcement's growing practice of
shipping immigrants to jails across the country during the
deportation process limits their ability to challenge
deportation, two new studies claim.


(b) Court: Mass Criminal Immigration Hearings Unlawful


Immigrants who have been arrested in zero-tolerance zones along
the Mexican border must not be tried at mass criminal immigration
hearings because the proceedings violate federal rules, an
appeals court ruled Wednesday.


(c) Hard-line Immigration Group Pulls Backing From Dobbs


But now a leading group on the issue is withdrawing its support
-- including taking down websites urging Dobbs to run for
president in 2012 -- because it says he has changed its tune.


(d) Immigration Detention Facility Population Doubles In Decade


The number of people held in hundreds of different detention
facilities by the federal Immigration and Customs Enforcement
agency (ICE) in the just-ended federal fiscal year is estimated
to have reached 369,483, more than twice what it was 10 years
ago, says the Transactional Records Action Clearinghouse (TRAC).


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,1204.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) Immigration Event - Washington, DC
December 9 - Senate Judiciary Committee will be conducting a
hearing on "Oversight of the Department of Homeland Security"
Witnesses: Janet Napolitano, Secretary, Department of Homeland
Security.* for more info see:
http://judiciary.senate.gov/hearings/hearing.cfm?id=4192
_________________________________________________________________
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:
Up until now, immigration benefits and immigration enforcement
have always been considered as two sides of the same coin.
However, under the Obama administration and its DHS secretary,
Janet Napolitano, the coin has become a two-headed one, or, more
accurately, a case of heads, restrictionistas win, and tails,
immigrants lose. Immigration enforcement has become a dragon that
is swallowing up the benefits, as anyone trying to answer a
typical paranoid USCIS Service Center RFE can attest. One of the
favorite excuses of apologistas for one of the most anti-
immigration administrations in modern US history, with its
current enforcement mania, based on Secretary Napolitano's
promise that not one single unauthorized person will be allowed
to live or work in this nation of immigrants (just as Cotton
Mather once promised to rid Salem of witches), is that the
thousands of projected USCIS and ICE visits looking for technical
I-9 violations are only intended to bolster President Obama's
enforcement credentials in order to make it easier for him to
accomplish his "real" goal of comprehensive immigration reform.
This is a little like saying that the Iranian tyrants were only
shooting demonstrators against their stolen election in the
streets, or the Chinese were only locking up Tibetans, Uighurs
and Tienanmen anniversary protesters, in order to pave the way
for democracy. The tsunami of USCIS and ICE investigations will
only produce more employer fines, and even criminal charges, over
trivial violations of the I-9, which has grown from a simple
record-keeping document into a hydra-headed monster. To regard
this shameless pandering by the administration to anti-immigrant
Know-Nothingism as the prelude to a fairer and more rational
immigration system is nothing more than a childish fantasy that
would make even Pollyanna blush - if she has not already been
served with a subpoena or a Notice to Appear.
Roger Algase, Esq. New York, NY


(b) Dear Editor:
I think the Roberts letter (12/03/09 ID) again misses the point
of my question. A "deportation only" strategy simply kicks a can
down the road for future generations to deal with. Again what of
the "cheapened birth citizens" Roberts expresses disdain and
dismisses? You cannot unring the bell and the fact remains they
gained their citizenship the same way most of us did by having
the forsight to be born on US soil. Will forcing US Citizen
children into exile until adulthood serve* the greater good? What
lesson will these future voters learn about our "resolve and
sovereignty"?* These children are the future of* America, that is
undeniable. Is it really in our best interest to educate them in
3rd world enviornments to return to our workforce when they are
18? I think again an extremely complex problem is being
oversimplified by a head in the sand attitude by the "haves". I
sometimes think of it as a global king of the hill game.
Sergi Sheplov


(c) Dear Editor:
Hypocrites believe and brag about "compassion" and "family value"
yet they cheer up on families got separated because cruel
deportation because of their mix immigration statuses.* They balk
on the costs of health care, welfare and illegal immigration
while they always think they can have global crusades and wars
anywhere on this planet and think wars don't cost a penny and
they don't want to pay any extra tax to pay these wars at all.
They gave thump up and blessed on East Germans "illegally"
crossing the Berlin wall toward freedom and prosperity to the
West and also provide red carpet to Cubans fleeing communism but
they want to erect the "Great Wall of North America" along border
with Mexico and want to shoot any Haitians and Mexicans trying to
reach US lands by boats. They urge us to forgive any cheating
conservative politicians or gay in the closet conservative talk
show hosts, preachers or lawmakers and ask for prayers for them
and yet condemn any* "liberals" for doing the same and demanding
President Clinton to resign over his personal scandal. They
believe in different sets of rules and laws written or unwritten,
verses from Holly Books to justify of why their ancestors had
right to move in, immigrate, trespass and annex others'
territories and properties and to seek better opportunities and
life while trying to restrict other human beings for looking for
their own survival and trade their honest skills and labor for
better wage out of fear of competition and being so selfish. And
finally, they are so stubborn to believe in global warming and
the facts that Anglo Europeans were illegal immigrants to many
lands on this planet despite mounting credible evidence that can
be found in many libraries and universities on this planet.
Robert Yang
_________________________________________________________________
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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necessarily represent the views of ILW.COM.
_________________________________________________________________
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