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Apr 17 - Undocumented Portrait

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


April 17, 2009


http://www.ilw.com/immigdaily/digest/2009,0417.shtm


Items:
1.  Comment: Undocumented Portrait
2.  Focus: THE PERM BOOK
3.  Articles:
    (a) Bloggings on Updates in Immigration Law by Carl
    Shusterman
    (b) Bloggings on Nurse Immigration by Christopher T. Musillo
    of the Hammond Law Group
    (c) Immigrants Of The Day: NY Times Scholars and Immigrant
    Parents (Russia, Ghana, Nigeria, Vietnam, China, Guyana,
    Dominican Republic, Mexico and Israel) by Kevin R. Johnson
4.  News:
    (a) DOL Publishes H-2A Interim Final Rule
    (b) USCIS Reminds About Termination Of Burundi TPS
5.  Classifieds:
    (a) Help Wanted: Immigration Paralegal
    (b) Case Management Technology
    (c) Credential Evaluation And Translation
6.  Headlines:
    (a) Hispanic Groups Call For Census Boycott
    (b) Obama: Immigration Reform Key
    (c) Conservative Law Group Watching Day Worker Center
    (d) Students Disrupt Tancredo Speech
7.  ComingsNGoings:
    (a) Immigration Event
8.  Letters From:
    (a) Sid Lachter, Esq.
    (b) David D. Murray, Esq.
    (c) Sergi Sheplov
    (d) Robert Yang


http://www.ilw.com/immigdaily/digest/2009,0417.shtm


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_________________________________________________________________
1.  COMMENT


Undocumented Portrait


A report
http://pewhispanic.org/reports/report.php?ReportID=107
released by the Pew Hispanic Center paints a detailed demographic
portrait of the undocumented immigrants in the US. "Unauthorized
immigrants living in the United States are more geographically
dispersed than in the past and are more likely than either U.S.
born residents or legal immigrants to live in a household with a
spouse and children. In addition, a growing share of the children
of unauthorized immigrant parents--73%--were born in this country
and are U.S. citizens."


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 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 "Congress should stop trying to micro-
manage the program, and return to a simple market-based system."
http://www.ilw.com/articles/2009,0417-shusterman.shtm
http://shusterman.com/firm-bio.html


(b) Bloggings on Nurse Immigration


Christopher T. Musillo of the Hammond Law Group writes "With the
continued retrogression, the international staffing and
recruiting industry is disappearing."
http://www.ilw.com/articles/2009,0417-hammond.shtm
http://www.hammondlawfirm.com/


(c) Immigrants Of The Day: NY Times Scholars and Immigrant
Parents (Russia, Ghana, Nigeria, Vietnam, China, Guyana,
Dominican Republic, Mexico and Israel)


Kevin R. Johnson writes "The 2008 NY Times Scholars include a
group of immigrant students, and children of immigrants, who are
pursuing the American Dream."
http://www.ilw.com/articles/2009,0417-johnson.shtm
http://lawprofessors.typepad.com/


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


(a) DOL Publishes H-2A Interim Final Rule


The Department of Labor published an interim final rule
amending its regulations to extend the transition period of the
application filing procedures currently in effect for all H-2A
employers with a date of need on or before July 1, 2009. The
transition period is extended to include all employers with a
date of need on or before January 1, 2010.
http://www.ilw.com/immigdaily/news/2009,0417-h2a.shtm


(b) USCIS Reminds About Termination Of Burundi TPS


USCIS reminded the public that Temporary Protected Status (TPS)
for Burundian nationals terminates on May 2, 2009.
http://www.ilw.com/immigdaily/news/2009,0417-burundi.shtm
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Paralegal
NYC - Established boutique law firm seeks experienced paralegal
who desires to work from home, part-time.  We specialize in O-1
and EB-1A in the arts and entertainment, with a selection of H-1,
L-1 and family cases. The ideal candidate will: 1) have
experience in our practice area, 2) have an interest and talent
for organizing, excerpting and summarizing evidence in a lengthy
submission letter (for O-1 and EB-1 cases), 3) be self-
motivating, and will 4) work efficiently, timely and in an
organized fashion.  We communicate via emails and couriers. The
candidate will augment our current team of telecommuting
paralegals. We project 5-15 cases per month.  The candidate must
have necessary computer equipment, software and skills for this
position.  We pay by the hour or per case. Please forward
detailed resume, writing sample for EB-1A case, and two
references to: mailto:777lawyernyc@gmail.com.


(b) 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.


(c) Credential Evaluation And Translation
As the nation's leader in foreign credential evaluations and
translations, American Evaluation and Translation Service, Inc.
(AETS) provides the most competitive rates in the industry - $50
educational evaluations, as well as $200 'expert opinion' work
experience and position evaluations completed by PhD university
professors who have the "authority to grant college level credit
for work experience and/or training." AETS offers a variety of
turn-around times, including same-day service for educational,
work experience, and position evaluations. For list of rates and
times, see:
http://aetsinternational.com/applicationforevaluationservices.pdf
AETS also provides certified translations in 100+ languages,
with translators that are specialists in 80+ fields.  For a copy
of the Application for Credential Evaluation and Translation
Services, please contact AETS at (786) 276-8190, visit
http://www.aetsinternational.com, or email:
mailto:info@aetsinternational.com.
_________________________________________________________________
6.  Headlines


(a) Hispanic Groups Call For Census Boycott


Some Hispanic advocacy groups are calling for illegal immigrants
to boycott the 2010 Census unless immigration laws are changed.


(b) Obama: Immigration Reform Key


President Obama said immigration reform will be part of his
administration's efforts to tackle issues plaguing the US-Mexico
border.


(c) Conservative Law Group Watching Day Worker Center


A conservative legal organization is making a visit to Mountain
View this week, observing the practices of the Mountain View Day
Worker Center.


(d) Students Disrupt Tancredo Speech


A speech by former US Rep. Tom Tancredo, R-Colo., was disrupted
by hundreds of student protesters at the University of North
Carolina.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0417.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
April 28, 2009, 2:00pm ET - ILW.COM is pleased to invite you to
attend a 30 minute Webinar presentation entitled "How To Survive
The Immigration Law Downturn" at no charge. Speakers include Greg
Siskind, Boris Palanov, and Sam Udani. Discussion topics include
how immigration law firms can effectively use technology to
increase efficiency, a detailed analysis of the state of the
immigration law field (by practice area and region), how web
conferencing can save you money, including a feature web
conferencing demo. The call will consist of 20 minutes of
presentation, followed by a Q&A. Immigration attorneys are
invited to register. Participation is limited and is first come,
first served. To register, see here.
http://tinyurl.com/dbdcyv
This event is sponsored by Intercall, the world's largest audio,
web and video conferencing provider.
_________________________________________________________________
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:
A letter that ID published yesterday (04/16/09 ID) said that "---
politicians want the illegal aliens here for votes. They spend
our tax dollars to buy the votes and dis-infranchise (sic)
Americans and legal immigrants."  The letter apparently ignores
that only citizens can vote.  Aliens, whether legal or illegal
and regardless of their numbers, cannot, so the quoted statement
is quite mistaken.
Sid Lachter, Esq.


(b) Dear Editor:
Regarding ID Editorial (04/14/2009 ID), to me, the  most
troublesome aspect of the press reporting on immigration matters
is the reference to "citizenship" when they mean "permanent
residence," as is the case here. Even George Bush mixed his
metaphors. This misnomer shows journalistic ignorance, as is the
rest of the article, which is unclear as to the actual facts of
the case and whether the alien had ever adjusted and was a
conditional permanent resident, or whether she had not yet
adjusted. The "widow's penalty" attaches to spouses of citizens
who have filed, but not yet adusted to permanent residence. A
liberal interpretation is found in Freeman vs. Gonzales, 444 F.3d
1031 (9th Circuit 2006), but because of the weird federal system
a circuit court case is not binding on other circuits and leads
to an irational application of law. Many cases have muddied the
waters; some are still pending and in an instance where the
citizen spouse dies before the alien's adjustment of status can
lead to a harsh and inconsistent result. An alien whose citizen
spouse passes away after adjustment, but before removal of
conditions on residence, can simply check Item d in Part 2 of the
I-751 Petition for Removal of Conditions on Residence, which
says, "My spouse is deceased," present documentation of a joint
marital relationship, the conditions are removed and the alien
becomes a full permanent resident. There is no "widow's penalty"
in the instance of condition removal.  I agree that the widow's
penalty is harsh and believe cases should be adjudicated
similarly to the removal of conditions on residence. But that is
not the law and the law should change. More fodder for
immigration reform and makes my point about CIR taking away from
issues of true reform, instead dwelling on the controversial
Amnesty.
David D. Murray, Esq.                 Newport Beach, CA


(c) Dear Editor:
Paula James' letter (04/16/09 ID) told us yesterday that the
"Politicians want the illegal aliens here for the votes". That is
certainly an interesting assertion given that illegal aliens by
definition cannot vote. If the letter refers to the family
members of the aproximately 15 million aliens who live with US
Citizen spouses, children or parents, then perhaps these Citizens
are voting for family reunification. The letter tells us that US
immigration law is not "broken". I'm not sure what you would call
a that law separates a US Citizen spouse from thier alien spouse,
or forces the family into a foreign country in exhile. What about
aliens dying in detention centers? what about  US citizens are
being deported,  and local police are using it as an excuse for
profiling and harrassing people of color, and workers who were
recruited by corporations are being prosecuted while white collar
managment gets off with a slap on the wrist? Thomas Jefferson
said, "A democracy is nothing more than mob rule, where fifty-one
percent of the people may take away the rights of the other
forty-nine." I think this sums up the immigration reform debate,
shame on those so opposed to the concept we as a nation were
founded under, the "inaliable right to self sustenance" which
many would so readily deny our foreign neighbors. The source of
the right to self sustain derives not from government but from
nature. Certainly we have a right to legislate immigration
policy, but the problem comes in when the government attempts to
create laws that conflict with the reality of the human
condition. Many have contempt for immigration laws because they
run contrary to the natural and societal norms that preceeded
them. Its unreasonable to expect nuclear family members to have
to live in different countries.
Sergi Sheplov


(d) Dear Editor:
Ms. James' letter (04/16/09 ID) said that "our" tax dollars are
being spent to buy votes and disenfranchise Americans and legal
immigrants, in what forms? Amnesty will likely come with heavy
fine, requirement to pay back taxes owed, to learn English and to
meet certain merits and objectives before the beneficiaries can
adjust status to real permanent residency. If Ms. James's letter
was talking about welfare state for all, it's more urgent to
write our representatives to show our utmost outrage that we
didn't elect them to bailout greedy bankers and lousy CEOs of the
Wall St. who have no shame for doing lousy job performance,
asking public welfare on our expenses and still dare to justify
handsome amount of bonus and on top of the insult, they spent our
money to decorate their office, then secretly they still fly
private corporate plane to party in 5 star hotel and resort on
our tab. Politicians may promise us the "change" we can believe
in but believe me, Washington never changes, faces may change but
it's always the business as usual, pay to play and cronic
corruption, collusion and cronyism between our politicians and
their rich donors and lobbyists. Being Americans and legal
immigrants come with certain rights and entitlements off course,
but there is no such entitlement like "Americans' jobs only" and
foreigners need not apply. Americans compete with other
Americans, Americans compete with foreigners like or not, be them
come here legally or illegally, or jobs being ship overseas, and
don't forget Americans compete with robots, automated machineries
and computers who have taken so many manual jobs for greater
output and more efficiency with less attitudes, whining and bogus
sick call offs. I hate competition as much as all of us here, but
c'est la vie.
Robert Yang
_________________________________________________________________
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Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X


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