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Nov 30 - Motor Vehicle Mix Up

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


November 30, 2009


http://www.ilw.com/immigdaily/digest/2009,1130.shtm


Items:
1.* Comment: Motor Vehicle Mix Up
2.* Focus: THE PERM BOOK
3.* Articles:
*** (a) Late Initial Registration For TPS: An Unduly Restrictive
*** Procedure? by Joseph M. Perez
*** (b) Bloggings on Deportation And Removal by Matthew Kolken
*** (c) Bloggings On Dysfunctional Government by Angelo A.
*** Paparelli
4.* News:
*** (a) CBP Announces 42000 Immigration Violators Apprehended FY
*** 2009
*** (b) DOS Publishes Notice Of New Visa Classification Symbols
*** (c) CBP Announces Two New Ports Of Entry
*** (d) USCIS Answers National Stakeholder Questions, Jan 27th
5.* Classifieds:
*** (a) Help Wanted: Immigration Professional
*** (b) Help Wanted: Immigration Attorney
*** (c) Help Wanted: Immigration Paralegal
*** (d) Co-Counseling Offered
*** (e) Immigration Event
*** (f) Forensic Psychology Services
6.* Headlines:
*** (a) Deadline Day for Farmers
*** (b) Ban Lifted For Green-Card Applicants With HIV
*** (c) US To Deport My Child
*** (d) Feds Plan Increased H-1B Site Inspections
7.* ComingsNGoings:
*** (a) New Appointment - CIS Ombudsman
8.* Letters From:
*** (a) Jim Roberts


http://www.ilw.com/immigdaily/digest/2009,1130.shtm


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_________________________________________________________________
1.* COMMENT


Motor Vehicle Mix Up


The Associated Press reports "A Hispanic group filed a lawsuit
asking a judge to stop Ohio from canceling vehicle registrations
for thousands of people if they do not provide certain
documentation." For the full story, see here.
http://news.lp.findlaw.com/ap/f/1310/11-25-2009/20091125072012_62.html


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) Late Initial Registration For TPS: An Unduly Restrictive
Procedure?


Joseph M. Perez writes "An Immigration Judge, based upon the
Department of Homeland Security's (DHS) "late initial"
registration regulations1, denied Respondent's request for
Temporary Protective Status which he asserted in removal
proceedings."
http://www.ilw.com/articles/2009,1130-perez.shtm
http://www.ilw.com/articles/2009,1130-perez.shtm#bio


(b) Bloggings on Deportation And Removal


Matthew Kolken writes "The following video will give you a little
taste of what the individuals who are being housed in Stewart
have to endure prior to their deportation."
http://www.ilw.com/articles/2009,1130-kolken.shtm
http://www.kolkenandkolken.com/


(c) Bloggings On Dysfunctional Government


Angelo A. Paparelli writes "Stealth protectionism on the
immigration front is surfacing again in Congress."
http://www.ilw.com/articles/2009,1130-paparelli.shtm
http://www.seyfarth.com/


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


(a) CBP Announces 42000 Immigration Violators Apprehended FY 2009


CBP announced that while conducting security operations at
California's ports of entry with Mexico performed almost 66
million inspections of travelers, more than 42,000 immigration
violators during federal fiscal year 2009.
http://www.ilw.com/immigdaily/news/2009,1130-CBP.shtm


(b) DOS Publishes Notice Of New Visa Classification Symbols


The Department of State published notice in the Federal Register
published notice of a final rule, effective November 25, 2009,
amending its regulations to add new classification symbols to the
immigrant and nonimmigrant classification tables.
http://www.ilw.com/immigdaily/news/2009,1130-classification.shtm


(c) CBP Announces Two New Ports Of Entry


The Customs and Border Protection published notice in the Federal
Register of an updated list of the ports-of-entry, including two
new ports-of-entry Oakland International Airport, California and
Saipan, the Commonwealth of the Northern Mariana Islands.
http://www.ilw.com/immigdaily/news/2009,1130-ports.shtm


(d) USCIS Answers National Stakeholder Questions, Jan 27th


USCIS published its responses to national stakeholder questions
from its January 27, 2009 USCIS National Stakeholder meeting.
http://www.ilw.com/immigdaily/news/2009,1130-stakeholder.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) Help Wanted: Immigration Attorney
Washington, DC - USCIS Office of Chief Counsel seeks experienced
attorneys to apply for the associate counsel position at the
Litigation Coordination Division (LCD). Primarily responsible for
assisting in provision of litigation support in immigration cases
involving USCIS operational components. Applicants must possess
JD degree, be an active member of the bar and have 1+ years of
post JD experience. For more info, key in Job Announcement Number
COU-CIS-2009-0009:* at http://www.usajobs.com. Applicants must
provide cover letter, references, resume, and writing sample
(max. 5pps) to: Evan Franke, Chief, LCD at:
mailto:Evan.Franke@dhs.gov. Must be received by close of business
Friday, Dec 4, 2009. GS-13-GS-15 levels. No relocation
reimbursement expenses available. Appointments made under the
provisions of this announcement are Excepted from the Competitive
Civil Service.


(c) Help Wanted: Immigration Paralegal
Downtown Washington, DC firm seeks mature and responsible
paralegal with 4+ years experience in business immigration cases,
including NIV (H-1B, E, L, J, and O), IV (including EB-1,EB-2,
EB-3, EB-5) and PERM.* Preference given to* those with
demonstrated EB-5 experience.* Bilingual Spanish/English speaker
preferred.* Must have bachelor's degree and excellent native-
level English writing skills. We are a boutique immigration firm
with a fast-paced yet collegial atmosphere and no billable hours
requirements. Please email resume, references, writing sample +
cover letter with salary expectations to mailto:paulhaar@aol.com.
No calls please.


(d) Co-Counseling Offered
Practitioners with challenging extraordinary ability cases or any
other complex immigration cases including appeals, may wish to
co-counsel with PJ Patel, an attorney experienced in O, EB-1,
NIW, and any complex matters for many years. Mr. Patel is known
for his compilation of the INA, 8 CFR & 20/22/28 CFR for the past
25+ years.* For more information, see his website at
www.immigrationbypatel.com.
http://www.immigrationbypatel.com
Mr. Patel can be reached at mailto:pjpatel@immigrationbypatel.com
212-279-3230. All cases will be kept in strict confidence.


(e) Immigration Event
Registration is available for Windstar's next comprehensive
Nonresident Alien Tax Training, being held December 8th - 11th at
the Doubletree Guest Suites in Boston, MA. This session has
dedicated tracks featuring consecutive days of substantive tax
and immigration-based class sessions along with consecutive days
of Tax Navigator training.* This format gives you the flexibility
to attend all four days of training or just the two days that are
specific to your needs. E-mail mailto:training@windstar.com for
more information.


(f) 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.* Headlines


(a) Deadline Day for Farmers


Senator Leahy is holding a hearing December 9th with the
Department of Homeland Security Secretary.


(b) Ban Lifted For Green-Card Applicants With HIV


A two decade old rule kept those with the virus out of the U.S.
Now such immigrants will be able to visit the country and apply
for legal status.


(c) US To Deport My Child


After graduation, he learned for the first time from his parents
that he is an "undocumented alien."


(d) Feds Plan Increased H-1B Site Inspections


Following nationwide arrests earlier in 2009 involving fraud and
abuse in the H-1B visa program, the new director of U.S.
Citizenship and Immigration Service promises a substantial
increase in site visits to third parties employing H-1B workers.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,1130.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 Appointment - CIS Ombudsman
Secretary Napolitano announced the appointment of January
Contreras as CIS Ombudsman for the Department of Homeland
Security. The CIS Ombudsman provides independent analysis of
problems encountered by individuals and employers interacting
with U.S. Citizenship and Immigration Services, and proposes
changes to mitigate those problems.
_________________________________________________________________
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:
As usual, the letter of R. Algase (11/23/09 ID) ignores the more
relevant aspects of our demographic make up and trends to reduce
a complex issue to the phony, racial question, "Is America ready
to accept diversity and the inevitable loss of white majority
status". That this can even be asked testifies to our out of
control entry and need for a moratorium, not amnesty, to sort
things out. The cuckoo bird is known for it's parasitic nature of
laying it's eggs in other bird's nests and upon hatching, the
intruder ungraciously crowds the rightful host's progeny out of
the nest. Certainly, every propaganda and strategy is used to
destroy traditional America including mass entry numbers, rather
than selective limits. To these usurpers and race baiters, any
resistance to this outrage is racist, "intolerance and police-
state tactics". Yes, it does, "depends on which kind of country
we want to live in?". Is it the one that white Europeans created
that millions have* aspired to join or one that excess entry
has/is diluted(ing) beyond recognition with 3rd world quality of
life and numbers? Those living in NY or CA are unable to tell the
difference or chose not to. In Lionel Waxman's profound article
(who lives in AZ), "Here in Aztlan, it's the People that make the
Difference" (search it), concludes that Latinos "have made a
concerted effort to recover" Atzlan and that by not assimilating
to traditional American ideals (which he realizes we have strayed
from), they won't reproduce American prosperity, "they will only
extend poverty to it". The R. Yang letters of 11/24 and 25
mistakes a Republic for a "tyranny of the majority" and should
leave US with the belief that the Indians are the owners to avoid
the hypocrisy of his positions.
Jim Roberts
_________________________________________________________________
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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