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Jul 9 - Goodbye To PERM Promise

Rating: 7 votes, 4.43 average.

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


July 9, 2009


http://www.ilw.com/immigdaily/digest/2009,0709.shtm


Items:
1.* Comment: Goodbye To PERM Promise
2.* Focus: Challenging Adjudication Standards for L Intracompany
Transfers
3.* Articles:
*** (a) Latest In Adjustment Of Status by Christina LaBrie et. al
*** (b) Bloggings On Immigration Law And Policy by Greg Siskind
*** (c) Perspective ~ A Matter Of Priorities by Sheldon Richman
*** for the Foundation For Economic Education
4.* News:
*** (a) ETA Releases 1st Quarter 2009 Performance Results
*** (b) DHS Secretary Napolitano Reaffirms Administration's
*** Commitment To E Verify
5.* Classifieds:
*** (a) Help Wanted: Immigration Paralegal
*** (b) Help Wanted: Immigration Attorneys
*** (c) Translation Services
*** (d) Case Management Technology
6.* Headlines:
*** (a) Ethiopian Wins Lottery For New Life In US
*** (b) Gillibrand Finds New Ground On Reform
*** (c) Wisconsin Gives Tuition Break For Illegal Immigrants
*** (d) Illegal Immigrants Facing Deportation Say LDS Woman
*** Scammed Them
7.* ComingsNGoings:
*** (a) Immigration Event - NY, NY
8.* Letters From:
*** (a) David D. Murray, Esq.
*** (b) Peter G.


http://www.ilw.com/immigdaily/digest/2009,0709.shtm


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_________________________________________________________________
1.* COMMENT


Goodbye To PERM Promise


When compared to the pre-PERM regulation, PERM is significantly
harsher (e.g. a typo means denial), and has significantly fewer
procedural protections (e.g. no harmless error, tighter time
deadlines). When PERM was initially proposed, DOL enticed the
regulated community into going along with this new harsh
regulation by waving the carrot of faster adjudication - just a
week, DOL said! Later this was increased to one month, when the
PERM rule became final. Still later, during a meeting with
stakeholders, DOL raised the time to 3 months.


Now that PERM is firmly ensconced, DOL has taken away the carrot
and brought out the stick. In "Workforce System Results", DOL's
publication reviewing ETA activities for the first quarter of
calendar 2009, DOL reveals a sinister new plan for PERM. One need
not read the entire 35 page document (see below in news), just
studying page 18 thereof is enough. The first thing to notice on
page 18 is that while DOL professes to have a goal of
adjudicating 92% of cases in 6 months, its actual performance for
the reporting period is just 11%, i.e. 89% of cases are taking
longer than 6 months. DOL further reveals that these depressing
numbers portend a bleak future, by design, here are DOL's own
words: "The Office of Foreign Labor Certification is currently
developing baseline targets for an enhanced PERM performance
measure and a new PERM integrity measure. These measures are
scheduled for approval and implementation at the beginning of FY
2010." In other words, get ready for these new PERM delays to
become permanent. If the new PERM integrity measure is a
significant increase in the proportion of supervised recruitment
cases, then all the efficiencies brought by PERM (in exchange for
the arbitrariness pervading the PERM rule) would be gone.


Since the advent of PERM, DOL continues to defy long-established
case law clearly stating that the current unemployment rate has
no connection with the standards DOL may use to approve or deny
cases. While this might be counter-intuitive, this is a straight
reading of decades of case law - statistical information,
including unemployment rates, may* not by used by DOL in
determining individual cases - only individualized information is
proper evidence in reaching a decision. Many can argue, perhaps
validly, that this is unfair to US workers, especially in a
recession; however, no can argue with what the statute, as
interpreted by the courts, actually says.


Yet DOL is blind to the federal courts, and to the statute, the
document (on the same page 18) says: "PERM program performance
continues to significantly decrease. This decrease is due to the
impact of increasing integrity activities in light of the
declining economy and continued filings for positions where there
are US workers." The declining economy is a statistical datum.
Statistical data may NOT be used to justify any conclusion in
individual PERM applications, including the conclusion that
increased integrity activities are warranted in any particular
case. Conclusions that there are US workers for positions are
statistical conclusions, and utterly immaterial in individual
PERM applications, per a long line of cases in federal courts.


In some ways, PERM is dead. Gone is the fast adjudication by
which the DOL wowed the regulated community. Left is the harsh
new regime of PERM where arbitrariness rules the day (e.g. no
more first-in, first-out). And DOL promises worse days ahead.


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


Challenging Adjudication Standards for L Intracompany Transfers


The curriculum for the July 8th phone session of "Business
Immigration Law" is as follows:


++ Recent restrictive interpretation of L-1B specialized
knowledge: strategies for presenting the case
++ Recent evidentiary standards for L-1A
++ Subtle differences in adjudication standards for L-1A and EB1
Multinational Managers
++ Adjudication standards for extensions
++ Adjudication standards for blanket Ls
++ Issues arising from corporate reorganizations


Don't wait to register, Wednesday, July 8th is the deadline. For
more info, including speaker bios, detailed curriculum, and


registration information, please see: Online:
http://www.ilw.com/seminars/200912.shtm. Fax form:
http://www.ilw.com/seminars/200912.pdf.
_________________________________________________________________
3.* ARTICLES


(a) Latest In Adjustment Of Status


Christina LaBrie et. al share the citations from this recently
concluded series.
http://www.ilw.com/articles/2009,0709-citations.shtm
http://www.ilw.com/seminars/december2008.shtm


(b) Bloggings On Immigration Law And Policy


Greg Siskind writes "Senator Schumer attempted to table the
amendment which would permanently reauthorize the E-Verify
program and codify the contractor rule."
http://www.ilw.com/articles/2009,0709-siskind.shtm
http://www.visalaw.com/


(c) Perspective ~ A Matter Of Priorities


Sheldon Richman for the Foundation For Economic Education writes
"Candidates and others who are set on securing the Mexican
border-the Canadian border seems of less concern-and expelling
those who had the audacity to come to the land of the free
without permission mainly rely on two arguments: jobs and
welfare."
http://www.ilw.com/articles/2009,0709-richman.shtm
http://fee.org/


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


(a) ETA Releases 1st Quarter 2009 Performance Results


The Employment and Training Administration of the DOL released an
overview of performance results for the period ending March
31, 2009.
http://www.ilw.com/immigdaily/news/2009,0709-DOL.pdf


(b) DHS Secretary Napolitano Reaffirms Administration's
Commitment To E Verify


The declaration came as Secretary Napolitano announced the
Department's intention to rescind the Social Security No-Match
Rule, which has never been implemented and has been blocked by
court order, in favor of the more modern and effective E-Verify
system.
http://www.ilw.com/immigdaily/news/2009,0709-napolitano.shtm
_________________________________________________________________
5.* CLASSIFIEDS


(a) Help Wanted: Immigration Paralegal
Las Vegas, NV - The Law Offices of Garcia-Mendoza & Snavely
http://www.gms4law.com
seeks an experienced paralegal to perform all types of business
and family visa packages under supervision of attorney. Minimum
3-5 years experience required. Salary to be negotiated. Firm
provides benefits including paid vacation and sick leave plus
profit sharing plan. Located in a free standing building on
ground level in downtown. Parking is free. Submit resume + cover
letter to mailto:evagm@gms4law.com. All replies remain in
confidence.


(b) Help Wanted: Immigration Attorneys
The Murthy Law Firm is seeking immigration attorneys with at
least three years of experience in business immigration law, with
or without litigation experience. Our practice is dynamic and
fast-paced. We have high standards with regard to 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
join over a dozen high-caliber colleagues and have quality
support in the way of legal and administrative staff, as well as
technology. 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, as well as experience dealing
with complex immigration law cases. Litigation experience a plus.
Interested candidates may visit http://www.murthy.com/jobs.html
for details regarding the unique benefits of working at the
Murthy Law Firm. Resume + cover letter should be forwarded to
mailto:hr@murthy.com. All communication will be treated in
confidence. Salary and benefits are commensurate with experience
and abilities. We are an equal opportunity employer. Final
interviews of candidates are at our office in Owings Mills, MD, a
few minutes from downtown Baltimore, Maryland.


(c) 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.


(d) Case Management Technology
Are you ready for the new changes in immigration? See why INSZoom
has a 99% customer retention rate. Use our forms with peace of
mind - 800+ updated within 24 hours of any new release, no
patches or downloads. E-File 20+ forms. Access your firm's online
database anywhere you have internet access. Client relationship
management tools, practice management tools, group calendaring,
emails, notes, reports, invoices, auto email alerts and
reminders, document storage and assembly. A library of
customizable questionnaires, letters and email templates
included. Online access for clients to check case status
included. Compliancy modules: I9, LCA, AR 11, PERM. Optional
services: credit card processing, Outlook & QuickBooks
integration. One-time data entry and auto population into all
documents will save you time and reduce errors. Customizable to
support solo practitioners, mid-large law firms & corporations.
We teach you how to customize the software to fit your processes
and communication needs. Founded in 1999, INSZoom is a
profitable, financially sound company, employing 100+ engineers,
sales, and support staff. INSZoom is ISO 27001:2005 certified and
the "world's largest immigration software company", built with
flexible modules that allow you to manage and control technology.
To schedule a complimentary online demo, call 925-244-0600 or
email mailto:info@inszoom.com.
_________________________________________________________________
6.* Headlines


(a) Ethiopian Wins Lottery For New Life In US


Originally from Hossana, Ethiopia, his family sold its thatched-
roof home for $70,000 in order for Oremo to come to America.


(b) Gillibrand Finds New Ground On Reform


Even as she faces into a battle for her Senate seat next year
against Congresswoman Carolyn Maloney, Senator Kirsten Gillibrand
is moving away from her onetime opposition stance on immigration
reform.


(c) Wisconsin Gives Tuition Break For Illegal Immigrants


That's the message Wisconsin is sending after a new bill passed
the state legislature which allows illegal immigrants to attend
public colleges at a subsidized rate.


(d) Illegal Immigrants Facing Deportation Say LDS Woman Scammed
Them


The Utah Bar Association has filed a lawsuit against a woman
accused of acting as an immigration attorney to scam thousands of
dollars out of illegal immigrants.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0709.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 - NY, NY
The City University of New York Citizenship and Immigration
Project, invites you to attend "A Path To Citizenship For
Undocumented Immigrants: Update and Advice. Space is limited.
Reserve your webinar seat now at
https://www2.gotomeeting.com/register/324408419. Date: Wednesday,
July 22, 2009, Time: 1:00-3:00pm EST. This event is free and open
to the public.
_________________________________________________________________
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:
Robert Yang's letter (07/08/09 ID) contends that, "We have no
rights (sic) whatsoever to deny the rights of foreigners to seek
out jobs in the US nor foreign nations should deny the most
fundamental right of human beings including us as Americans to
access their job market, "I wonder, just why have "we" no such
right? And on what authority does Mr. Yang's letter base its
outrageous contention that human beings, specifically foreigners,
have a "fundamental right" to seek jobs in America? What Mr.
Yang's letter's 7-point permanent residence plan proposes is to
allow free access to the American job market to everyone who can
measure up to those arbitrary standards. Of course, such
standards should be set by Congress, but in passing any
immigration reform, I believe Congress will understand that there
is no "fundamental right" of foreigners to work in the US. The
typos of rights Mr. Yang's letter envisions can exist only within
a regulatory scheme that is developed with the best interests of
the nation in mind, not the interests of foreign citizens.
Contrary to Mr. Yang's letter's assertion, there can be no denial
of rights that do not exist in law or in conscience, and
certainly there is no "right," God-given or otherwise, of a
foreigner to work in the US. These types of rights exist only
when a government chooses to grant them, and I seriously doubt
Congress will ever recognize such a "right".
David D. Murray, Esq.**************** Newport Beach, CA


(b) Dear Editor:
I believe the 1986 amnesty program helped create these problems.
I am now ready to compromise on this issue called Comprehensive
Immigration Reform (CIR). If CIR is to become reality, what are
the advocates willing to support. If advocates cannot or will not
support some of this list there should be no amnesty called CIR.
Understand and agree that to legalize an alien is amnesty.
Criminal sanctions and prosecution for employers of illegal
aliens. Close the border to all future illegal aliens. Applicants
must pay for the processing costs. Applicants must hire their own
legal representation. Amnesty should prevent family ties favorsor
exemptions. Close the border to relatives of those getting
amnesty. Reverse the court translation granting legal status to
anchor babies. Require basic ability to read and write English.
Create phased legalization according to years already here.
Streamline and accelerate the deportation process. Illegal alien
prisoners can be incarcerated in their home country. Investors
could build better prison for local and deported inmates. The US
would pay tuition according to the local cost of living. Reduce
immigration limits to countries sending the most illegal aliens.
Amnesty should reduce legal immigration according to illegal
entrants.
Peter G.
_________________________________________________________________
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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