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Oct 26 - Child In Need

Rating: 13 votes, 5.00 average.

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


October 26, 2009


http://www.ilw.com/immigdaily/digest/2009,1026.shtm


Items:
1.  Comment: Child In Need
2.  Focus: THE PERM BOOK
3.  Articles:
    (a) Bloggings On Dysfunctional Government by Angelo A.
    Paparelli
    (b) Bloggings on Deportation And Removal by Matthew Kolken
    (c) Bloggings On The H-1B Visa by Anthony F. Siliato and
    Scott R. Malyk
4.  News:
    (a) USCIS Revises I-601 Form
    (b) CRS On Sanctuary Cities
5.  Classifieds:
    (a) Help Wanted - Immigration Attorneys
    (b) Translation Services
    (c) Forensic Psychology Services
6.  Headlines:
    (a) Law Enforcement Officials Call For Immigration Reform
    (b) Growing Calls for Immigration Reform That Leaves No
    Family Behind
    (c) Lawyer Disputes Mexican Rights Official's Arrest
    (d) Phoenix's Sheriff Joe Squares Off Against ACLU
7.  ComingsNGoings:
    (a) Honors And Awards
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) Jim Roberts
    (c) Robert Yang
    (d) Lisa
    (e) S. L.


http://www.ilw.com/immigdaily/digest/2009,1026.shtm


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Immigration Law Seminars: http://www.ilw.com/seminars/
Classifieds: http://www.ilw.com/corporate/advertise_on_ilw.shtm
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_________________________________________________________________
1.  COMMENT


Child In Need


CNN reports "Her case is typical of the 7,211 children known to
have entered the US illegally in 2008 by themselves, according to
the federal Office of Refugee Resettlement, which runs the
shelters where the children are detained." For the full story,
see here.
http://www.cnn.com/2009/US/10/22/lia.detained.children/


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 Dysfunctional Government


Angelo A. Paparelli discusses how "Congress gives immigration
agency's E-Verify program three more years to fail".
http://www.ilw.com/articles/2009,1026-paparelli.shtm
http://blogs.ilw.com/angelopaparelli/


(b) Bloggings on Deportation And Removal


Matthew Kolken writes "Opponents of 287(g) argue that the law
results in racial profiling and violations of due process, and
lacks sufficient oversight."
http://www.ilw.com/articles/2009,1026-kolken.shtm
http://blogs.ilw.com/deportationandremoval/


(c) Bloggings On The H-1B Visa


Anthony F. Siliato and Scott R. Malyk ask "Has the time come for
the demise of the H-1B quota?"
http://www.ilw.com/articles/2009,1026-siliato.shtm
http://blogs.ilw.com/h1bvisablog/


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


(a) USCIS Revises I-601 Form


Applicants may now select from a list of grounds of
inadmissibility on the form itself and mark all which apply to
them in order to request a waiver.
http://www.ilw.com/immigdaily/news/2009,1026-I601.pdf


(b) CRS On Sanctuary Cities


The Congressional Research Service released a report discussing
the legal issues surrounding sanctuary cities.
http://www.ilw.com/immigdaily/news/2009,1026-crs.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted - Immigration Attorneys
Owings Mills, MD - The Murthy Law Firm seeks attorneys with 3+
years of experience in business immigration law. Our practice is
dynamic and fast-paced with high standards of integrity, work
ethic, and quality. Successful candidates will have the ability
to work both as members of a team and as team leaders. They will
bring in-depth understanding and knowledge of the breadth of
immigration procedures, and are expected to supervise paralegals
and support staff. Good writing and analytical skills are
required. They will join more than a dozen high-caliber
colleagues and have quality support in the way of legal and
administrative staff, as well as technology. Visit
http://www.murthy.com/jobs.html
for details regarding the unique benefits of working at the
Murthy Law Firm. Send Resume + cover letter to
mailto:hr@murthy.com. All communication will be treated in
confidence. Salary and benefits are commensurate with experience
and abilities. Final interviews of candidates are at our office a
few minutes from downtown Baltimore, MD. EOE.


(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. Contact us at mailto:immigration@legallanguage.com
to discuss further.


(c) 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) Law Enforcement Officials Call For Immigration Reform


Several mentioned that current immigration policy makes community
policing, a strategy of the police and public working together to
root out various criminal elements, almost impossible.


(b) Growing Calls for Immigration Reform That Leaves No Family
Behind


As Congress begins to debate immigration reform, all of our
families -- gay and straight -- can stand together to ensure that
none of us are left behind.


(c) Lawyer Disputes Mexican Rights Official's Arrest


Supporters of a Mexican human rights investigator whom
immigration authorities detained for nearly a week as an asylum
seeker - even though he never asked for U.S. protection - are
calling for a congressional probe into his arrest.


(d) Phoenix's Sheriff Joe Squares Off Against ACLU


The ACLU claims Arpaio is creating unconstitutional obstacles to
timely abortions by requiring inmates to prepay $300 to $600 for
security and transport costs to take take them to abortion clinics.
For links to the above stories see here:


http://www.ilw.com/immigdaily/digest/2009,1026.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) Honors And Awards
Maged & Rost, PC is pleased to announce that Kristina Rost and
Bradley Maged have been selected for inclusion in New England
Super Lawyers - Rising Stars Edition 2009.
www.immigrantconnect.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:
Jim Roberts' letter (10/23/09 ID) claims Biblical authority for
limiting populations, but this depends on whose population is to
be limited. I am no Biblical scholar, but I have always
understood that the Five Books of Moses strongly support
expanding the population of those who believe in the God of
Israel, as opposed to implementing often drastic measures to
limit the population of those who do not. In the same way, Mr.
Roberts' letters have rarely left any doubt about which
particular populations he would like to see limited in the US.
Robert Yang's letter (10/23/09 ID) points out the hypocrisy of
those who want to punish and throw out illegals, except when it
is convenient to look the other way. Does CNN's anti-Latino
immigrant rabble-rouser, Lou Dobbs, screen his advertisers to
make sure that none of them sell their products to illegals
before accepting their sponsorship, or does he insist that CNN do
so? Does he check his sponsors to make sure that they are all
signed on to E-Vilify and that none of them are employing any
illegals? Of course not. If he did so, he would have no sponsors
left and would be off the air in no time. Come to think of it,
this might be the best possible argument for draconian
immigration enforcement, at least as far as Dobbs' sponsors are
concerned. On this subject, it is also amazing that spokespeople
and immigration supporters in the Latino community agreed to take
part in CNN's special program on Latinos, or that its Spanish-
language channel still has an audience, while Dobbs is still
allowed to rant against minority immigrants. Latino and Asian
immigrants have considerable economic power, as the Immigration
Policy Center has been pointing out in recent reports. Why don't
they use it to drive the bigots off the air? What could be more
American?
Roger Algase, Esq.


(b) Dear Editor:
What a plethora of Letters on (10/23/09 ID). The R. Algase letter
brands the  restrictionists as "anti-immigrant bigots" and "hate
mongers" who advocate a prudent return to lower entry rates. Yes,
"hate has terrible human consequences", so when are liberals
going to stop their hate towards citizens who want less entry? I
am reminded of immature babies who when not getting their way,
lash out at parents who are trying to make them responsible
adults, calling them bad names and charging them with hate. Think
what God has to put up with, being the Ultimate Restrictionist
(Matt: 7:13,14), whose last name is not Damn. I doubt one illegal
will get past this gate, nor those who mislead. DHS Sec'y. Janet
N. was actually very soft on illegals as AZ Gov. It doesn't look
like the D. Murray letter is getting any takers with his
invitation to visit CA by the letters of H. Prchal and John F.
The DM letter also errs with "CIR seems the only way to resolve"
the illegal problem by applying more "lipstick on the pig" of CIR
amnesty. The letter even agrees it won't work as previous
promises and efforts haven't. What will work is an end to birth
citizenship, illegal presence a felony, allow local police to
make arrests, fully secure borders, sanction employers and end
all benefits to illegals. This is not hate, but prudent policy.
The Name W. letter admits that illegals are hired as they are
more desparate and can be abused. If the R. Yang letter believes
the "brown people" are the "true owners" of this land, why don't
all who agree transfer their land titles to them? Entry abuses
are seen far more than welfare abuses that the letters complain
including entrants on welfare.  Trashing US is getting old.
Jim Roberts


(c) Dear Editor:
I feel that Mr. Roberts' letters are getting more ridiculous each
time we read them. Why fences, why boundaries on countries'
borders ? Well, if xenophobes are so afraid and dismayed on new
influx of new residents who will compete for jobs from other
states and even counties in the Union, I bet they will demand
their local lawmakers to make it illegal for other states or
counties residents to move into their localities and taking up
employments then. We need to overhaul our welfare system,
immigration laws, health care, education  to reflect more
fairness and common sense, we need to lead the world to eradicate
terrorism and ignorance by getting rid theocracy worldwide, $ 3
trillion dollar has been wasted so far on Afghanistan, Iraq and
war on terrorism without any positive result because we ignore
the fact that it's theocracy dictatorships worldwide that
support, bless, finance the movement and brainwashing of
ignorance, hatred, apartheid, violence and intolerance in the
name of religion and God. Imposing import tariffs is not a
solution for America, but lower taxes, attracting foreign
investors to invest in industries Export Processing Zones in the
US that manufacture proudly made in USA goods to be exported back
to foreign markets, opening our borders to more commerce and
tourism by enacting friendly, welcoming yet smart immigration
system that ensure our visitors will comply with the terms of
their visits by cooperating and outsourcing visas applications to
reputable local travel agencies in those countries to pre screen
the applicants and act as guarantors. We need more tourists from
China, Brazil, India, Russia etc. to shop here to ease and
reverse our trade deficits and these tourists need real Made in
USA gifts made by real Americans to be brought homes with pride.
Protectionism and trade wars won't serve anyone good.
Robert Yang


(d) Dear Editor:
Responding to the end of the widow penalty (10/22/09 ID comment),
this is good news for many family, because the old law was once
petitioner dies, application dies, so families were separated. My
only hope is if immigration will obey such legislation, or
continue to deny and deport families without any heart or
consideration, I applaud this breakthrough, and hope that the
same will be done for the many age out children that did not
benefit from CSPA, and be allowed to be converted to the
appropriate category and retain their old priority numbers under
the F4 and F3 category as derivative beneficiaries editor I am
hoping and praying that this will reach the ears of those in
authority and that they will address this as soon as possible.
Lisa


(e) Dear Editor:
In response to a letter accusing one of his letters of praising
the infamous Chinese exclusion laws enacted around the turn of
the last century, Jim Roberts' letter (10/22/09 ID) denies that
he is praising them. Instead, his letter tries to justify them
with the insulting fiction that these openly racist measures were
a legitimate response to greedy US businessmen who were trying to
take advantage of cheap foreign labor by bringing in immigrants
who could not "assimilate" to American culture (i.e. had the
wrong skin color). If Confucius were alive today, he would no
doubt be able to suggest the most appropriate word to describe
this bigoted nonsense: "chutzpah".
S. L.
_________________________________________________________________
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Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X


An Important disclaimer! The information provided on this page is
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Send correspondence and articles to editor@ilw.com. Letters and
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