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IDBlog

Mar 31 - South Of The Border Action

Rating: 13 votes, 5.00 average.

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


March 31, 2009


http://www.ilw.com/immigdaily/digest/2009,0331.shtm


Items:
1.  Comment: South Of The Border Action
2.  Focus: THE PERM BOOK
3.  Articles:
    (a) Consular Corner: March 2009 by Liam Schwartz
    (b) Plenary Power: Should Judges Control U.S. Immigration
    Policy? by Jon Feere for the Center for Immigration Studies
    (c) Bloggings On PERM Labor Certification by Joel Stewart
4.  News:
    (a) EOIR Announces San Pedro Immigration Court Closing
5.  Classifieds:
    (a) Help Wanted: Immigration Professional
    (b) Help Wanted: Immigration Attorneys
    (c) Immigration Law Certificate
    (d) Expert Witness Services
    (e) Case Management Technology
6.  Headlines:
    (a) Immigration Courts Face Huge Backlog
    (b) Hundreds In Santa Rosa Rally For Immigration Overhaul
    (c) Prospects May Face Immigration Issues
    (d) Obama Isn't Asking, But Key Lawmakers Offer To Back
    Border Effort With Funds
7.  ComingsNGoings:
    (a) Immigration Event
8.  Letters From:
    (a) Honza Prchal, Esq.
    (b) David D. Murray, Esq.
    (c) Xavier Racine
    (d) Sergi Sheplov
    (e) Robert Yang


http://www.ilw.com/immigdaily/digest/2009,0331.shtm


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_________________________________________________________________
1.  COMMENT


South Of The Border Action


A recent Reuben Navarette editorial says "On a recent weeklong
trip south of the border, I found plenty of Mexicans who believe
Americans are making a bad situation worse." For the full
editorial, see here.
http://www.gjsentinel.com/hp/content/news/opinion/stories/2009/03/29/nav_border.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 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) Consular Corner: March 2009


Liam Schwartz writes "As of February 2009 there has been a
significant injection of transparency into an important aspect of
the visa application process."
http://www.ilw.com/articles/2009,0331-schwartz.shtm
http://www.lsa-law.com/


(b) Plenary Power: Should Judges Control U.S. Immigration Policy?


Jon Feere for the Center for Immigration Studies writes "But
despite the fact that the courts have affirmed the plenary power
doctrine countless times since the 19th century, there is a
movement underway to erode political-branch control over
immigration in favor of a judge-administered system based on the
implicit idea that foreigners have a "right" to immigrate."
http://www.ilw.com/articles/2009,0331-feere.shtm
http://www.cis.org/


(c) Bloggings On PERM Labor Certification


Joel Stewart writes "I recently reviewed an application for a
colleague which involved mining engineering. This should require
a degree in geology or a similar field. The O*net is 17-2151."
http://www.ilw.com/articles/2009,0331-stewart.shtm
http://blogs.ilw.com/joelstewart/


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


(a) EOIR Announces San Pedro Immigration Court Closing


The Executive Office for Immigration Review announced that all
filings going to the San Pedro Immigration Court
should now be sent to the Los Angeles Immigration Court.
http://www.ilw.com/immigdaily/news/2009,0331-sanpedro.pdf
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Professional
New Orleans, LA - Tulane University seeks a dynamic immigration
professional for the position of Program Manager in the Office of
International Students and Scholars (OISS). The Program Manager:
ensures Tulane's compliance with US immigration regulations and
procedures with regards to H-1B and TN visas; is principal
contact for the hiring of Tulane int'l faculty and staff; ensures
intl'l faculty/staff receive proper immigration documentation and
understanding of US immigration procedures; assists with F-1 and
J-1 visa processing; helps retain int'l students to successfully
complete academic course of study through programming.
Requirements include: bachelor's degree and 2+ years int'l
education experience at college level or equivalent. Salary is
$34,080-$43,000/yr, depending on experience. To view full job
details (scroll down to Manager, Program) and to apply visit here
http://www.profilesams.com/index.asp?siteid=TULNAMS
refer to job listing #102583).


(b) Help Wanted: Immigration Attorneys
Owings Mill, MD - The Murthy Law Firm seeks attorneys with 3+
years business immigration law experience. Our practice is
dynamic and fast-paced. We have high standards with regard to
integrity, work ethic, and quality. Successful candidates will
have ability to work both as members of team and team leaders.
They will join 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/support staff. Good writing and analytical
skills required. Visit http://www.murthy.com/jobs.html
to learn unique benefits of working at  Murthy Law Firm. Send
resume + cover letter to mailto:hr@murthy.com. All communication
will be treated in confidence. Salary and benefits commensurate
with experience and ability. EEO.


(c) Immigration Law Certificate
Master the complex and ever changing maze of immigration policies
and regulations with the Immigration Law Studies Certificate
Program offered by CUNY's School of Professional Studies. This
graduate-level certificate program, consisting of (3) three-
credit classes, offers students who complete it a comprehensive
understanding of the laws, regulations, and processes surrounding
the status of immigrants in the US, including family and
employment-based immigration and deportation defense. It is
designed for individuals working in law firms, companies,
government agencies and nonprofit organizations where they
interact with immigrants and immigrant legal concerns on a
regular basis and would therefore benefit from greater knowledge
of the laws and regulations surrounding immigration. Beginning
this spring, the program is also being offered online. For more
information on class schedules, tuition and fees, course
applications and to register, see here.
http://www.sps.cuny.edu/programs/spscourses/programdescription.aspx?pid=17&sid=ILCP


(d) Expert Witness Services
Muslim World Expert
http://www.muslimworldexpert.com
Dr. Shaul M. Gabbay is pleased to offer expert testimony on
immigrants from Muslim countries/societies, including the former
Soviet Union (USSR). I have testified in 150+ Immigration Court
cases nationwide (asylum, cancellation of removal) and to USCIS
(asylum interviews, hardship waivers) with very high success
rates. For more info, including detailed biography + testimonials
from lawyers who have worked with me in the past, see:
http://www.muslimworldexpert.com
Please contact me with any additional questions: Dr. Shaul M.
Gabbay, Muslim World Expert, Josef Korbel School of
International Studies, University of Denver, Denver, Colorado,
mailto:sgabbay@du.edu, (303) 871-2560. For countries outside of
my expertise, I may be able to recommend an expert in that area.


(e) 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) Immigration Courts Face Huge Backlog


The nation's immigration courts are now so clogged that nearly
90,000 people accused of being in the United States illegally
waited at least two years for a judge to decide whether they must
leave, one of the last bottlenecks in a push to more strictly
enforce immigration laws.


(b) Hundreds In Santa Rosa Rally For Immigration Overhaul


Several hundred people marched Sunday through Santa Rosa calling
for immigration overhaul as part of a nationwide rally organized
by the United Farm Workers.


(c) Prospects May Face Immigration Issues


Commissioner Bud Selig has given Major League Baseball's security
division an open checkbook in an attempt to clean up off-field
scandals in the Dominican Republic and other foreign countries.


(d) Obama Isn't Asking, But Key Lawmakers Offer To Back Border
Effort With Funds


When it comes to shoring up the U.S.-Mexico border, the Obama
administration won't take yes for an answer. Key members of
Congress want to spend more. The president is saying no thanks.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2009,0331.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 Book Kevin R. Johnson, Opening the Floodgates:  Why
America Needs to Rethink Its Borders and Immigration laws (NYU
Press 2008), http://books.google.com/books?id=zezmNXb6moUC
_________________________________________________________________
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:
ID carried the following article, "Prospective: The Markets Easy
Touch" (03/26/09 ID Article). It's author had a depressing
experience with the old INS. I am happy to report that it was
very unlike any I have had with DHS and my own wife in our
analogous situation, with about a month passing between our
application for her citizenship and her becoming a citizen. I
suspect that once processing immigration forms became more fee
driven (and also because the Bush Administration focused on a
cultural change in the bureaucracy, what David Broder used to
call "corporate cool"), the incentives for civil servants on the
line, as it were, changed dramatically, and for the better.
Certainly their processing times have fallen to levels that would
favorably impress the DMV, once also reputed to be terrible, but
now a generally responsive and quick organization whose employees
are supervised by officials replaceable at regular elections. I
wish I could say the same of the Social Security Administration,
which, while not hateful, has hardly been quick in dealing with
"customers" in my not limited enough experience. Incentives do
matter, and making more federal systems' budgets performance
based might be the answer to many of life's little frustrations.
Honza Prchal, Esq.  Birmingham, AL


(b) Dear Editor:
ID's 03/27/09 comment, "Immigrants' dreams deferred in U.S." is a
catchy journalistic title with a human interest factor hot enough
to melt an iceberg in Antarctica. The article claims Amar Sharma
is about to earn a master's degree - well, he may get OPT for a
year, but that does not guarantee an H-1B the next April 1st, and
he may end up back in India anyway, because a US education does
not guarantee US immigration. While he and other "immigrants" can
go back to their own country, where it is cheaper to be poor,
natural born (there's that term again) US citizens who lose jobs
do not have that option, unless Felipe Calderon flings open
Mexico's northern border and offers work visas to Americans. But
Mr. Calderon only wants his people to come to the US, legally or
illegally, and ship back money - billions annually. The article
surmises that, "Those most at risk are often poor, less educated,
and not fluent in English. All the more reason to get educated
and learn English to survive in the competitive US job market.
The article points out that largely due to the economy, there has
been a slowdown in illegal immigration since 2006. Great. As I
have long maintained, deportation of illegals by attrition occurs
when the jobs disappear, whether through enforcement, or the
economy. George Bruno, an immigration lawyer quoted is correct
when he remarks on Canada's immigration program stealing away
H-1B's. Until America trains enough nurses, scientists, engineers
and others, America will need to rely on foreign talent. America
must pass logical immigration reform that works for America, but
no CIR (buzzword for Amnesty). Instead, create a good, workable
guestworker program (impossible, you say?), not a citizenship
factory.
David D. Murray, Esq. Newport Beach, CA


(c) Dear Editor:
David Murray's letter (03/27/09 ID) was a little hard for me to
follow because I don't share his letter's expertise on the
nuances of the relation between cows and bleached blondes.  I
also don't share the amusement with which his letter reflects on
someone's incarceration.  Perhaps instead of pontificating on the
semantic labels of undocumented aliens and the necessity of
racial profiling, his time would be better spent reading up on
the Fourteenth Ammendment and Supreme Court decisions such as
Batson v. Kentucky.  Profiling is not necessary, it is
unconstitutional.
Xavier Racine


(d) Dear Editor:
Its a sad day when a letter from an officer of the court supports
racial profiling (see David Murray letter 03/27/09 ID). My
friends have children serving on active duty. Two perfectly law
abiding young adults on leave from the Military in NY parked the
car legally to visit the young mans grandmother. Apparently it
was an unfortunate decision to have a vanity plate on the car
that indicated the owners were Hispanic. The vanity plate issued
in VA also was issued to a NJ man who drove a totally different
make and model who has a habit of coming to NY and getting
parking tickets he never paid. So to make a long story short they
spent 2 days, 100's of dollars in cab fares and lots of abuse at
the hand of beauracrats "proving" they were not someone who from
NJ, when it was ever so clear from the start they were from VA.
Punishment for being Hispanic? Thank goodness they didn't make
the mistake of getting on a bus without the "proper documents",
they might have been deported to a random country selected by ICE
for being "brownish". For those that think police state action is
a good thing, there are plenty of third world countries they can
move to and be hassled regularly. Statistically speaking more
white collar criminals ride buses in urban settings than brown
folks, should we start randomly rousting white folks in hopes we
can catch them? Cows produce more than milk , and I have heard
enough manure for one day.
Sergi Sheplov


(e) Dear Editor:
Divorces sometimes can doom the immigrant spouses, if the
marriages were genuine but the sponsoring citizen partners are
unhappy and in retaliation mode if the marriages were in rocky
situation. We have huge problem also with sham marriage for
profit and easy greencards for foreigners who will pay any US
citizens who want to sell this kind of "service". We must put a
stop on it by requiring US citizen sponsors to cover their
foreign spouses' living expenses for at least 5 years even if
they got divorced if their ex spouses can't work instead of
looking for public welfare, we make marriages as no joke decision
for some US citizens who are willing to do anything including
"selling Greencards" to foreigners for quick easy bucks. But the
most absurd part of our immigration laws is when the US citizen
sponsor pass away before their foreign spouse secured his/her
permanent Greencard and remove the conditional resident status
then the spouse must leave the country then. This stupid and
unjust laws must be changed for the sake of common sense.
Foreigners who marry US citizens can automatically qualify and
self sponsor themselves if their citizen spouses pass away and
they have lived in a bonafide marriage based on love and mutual
commitments.


Robert Yang
_________________________________________________________________
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Publisher: Sam Udani   Legal Editor: Michele Kim   ISSN:1930-062X


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