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Feb 9 - Share Your Professional News

Rating: 17 votes, 5.00 average.

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

February 9, 2009

1.  Comment: Share Your Professional News
2.  Focus: THE PERM BOOK, 2008-2009 Edition, Shipping Now
3.  Articles:
    (a)The Use and Abuse of Immigration Authority As A
    Counterterrorism Tool:  Constitutional And Policy
    Considerations: Constitutional And Policy Considerations by
    David Cole and Linda Bosniak for the Constitution Project
    (b) Bloggings on Dysfunctional Government by Angelo A.
    (c) Immigrants Of The Day: Hiroshi Motomura of Japan, David
    Ortiz of Dominican Republic, and Plácido Domingo of Spain by
    Kevin R. Johnson
4.  News:
    (a) ICE Releases Updated SEVP List
    (b) ICE Releases Latest SEVIS Newsletter Issue
5.  Classifieds:
    (a) Help Wanted: Immigration Attorney
    (b) Help Wanted: Immigration Attorney
    (c) Credential Evaluation And Translation
    (d) Website Services
6.  Headlines:
    (a) Bucks Woman Gets Jail In Immigration-Fraud Scheme
    (b) Gillibrand Backpedaling On Immigration
    (c) Business Books: Only Immigration Can Save America, Author
    (d) Weekly Immigration Wire: Abuses Rampant in US Detention
7.  ComingsNGoings:
    (a) Immigration Event - Universal City, CA
8.  Letters From:
    (a) Roger Algase, Esq.
    (b) Steve Cedillos
    (c) Maura Freeman
    (d) Jim Roberts,0209.shtm

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Examples include: New Position, Honors And Awards, Mergers &
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New Attorney, New Partner. This is a free service.

We welcome readers to share their opinion and ideas with us by
writing to

THE PERM BOOK, 2008-2009 Edition, Shipping Now

ILW.COM is pleased to announce THE PERM BOOK, 2008-2009 Edition
is shipping now. The book outline is as follows:


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
++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
++656.12 Prohibition on Payment of Attorney's Fees by Paull
++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
++656.17(h)(3) Combination of Occupations under PERM by Nathan
++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.
++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.
++656.20 How PERM Cases are Selected for Audit by Christina B.
++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

C. Editor's Comments to the PERM Rule


A. Frequently Asked Questions (FAQ) by Lawrence Rudnick
B. Summary of DOL PERM Stakeholders Meetings by Lorna Rogers
C. Frequently Asked Questions


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
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


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


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


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


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


All 50 states + 4 territories (Guam, District
of Columbia,US Virgin Islands, and Puerto Rico)


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
++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.
For the fax document, see here.

(a) The Use and Abuse of Immigration Authority As A
Counterterrorism Tool: Constitutional And Policy Considerations:
Constitutional And Policy Considerations

David Cole and Linda Bosniak for the Constitution Project write
"We would do far better to work on developing positive ties with
Arab and Muslim communities here and throughout the world, while
targeting our enforcement measures at foreign nationals who
actually pose a threat of terrorist activity based on
individualized objective criteria.",0209-cole.pdf

(b) Bloggings on Dysfunctional Government

Angelo A. Paparelli writes "I write instead to decry two other
quotas, one alleged and the other well established, both
involving the enforcement side of the immigration house.",0209-paparelli.shtm

(c) Immigrants Of The Day: Hiroshi Motomura of Japan, David Ortiz
of Dominican Republic, and Plácido Domingo of Spain

Kevin R. Johnson celebrates the achievements of these immigrants.,0209-johnson.shtm

To submit an Article for consideration, write to
4.  NEWS

(a) ICE Releases Updated SEVP List

ICE released an updated version of its Student and Exchange
Visitor Program list as of January 27, 2009.,0209-SEVP.pdf

(b) ICE Releases Latest SEVIS Newsletter Issue

ICE released the October 2008 issue of its newsletter.,0209-SEVISOct08.pdf

(a) Help Wanted: Immigration Attorney
Redmond, WA - Are you ready to make a significant impact on an
industry leader? Would you like to have the ability to contribute
to the success of many businesses and products in the technology
arena as well as make a positive impact on individuals and their
families' lives? If you do, come join us at Microsoft as a US
Immigration Attorney. We are a diverse and global company that
makes a significant positive impact on 600 million plus customers
worldwide. The Microsoft Corporation Legal & Corporate Affairs
Global Migration department plays an integral role in helping
hiring managers and recruiters hire and on board the best and
brightest. If you are ready to make a difference and learn and
grow in the US Immigration arena, we offer an opportunity like no
other. This position requires excellent academic credentials, 4-6
years experience in all NIV business visas, labor certifications,
and other business-related immigration matters. Strong case
management, customer facing, communication and writing skills
required. Full relocation package offered. To view detailed job
description and apply, see here.

(b) Help Wanted: Immigration Attorney
Los Angeles, CA- USCIS Office of Chief Counsel (OCC) seeks
experienced attorney for Associate Regional Counsel position,
USCIS OCC, Western Region. Responsibilities include, but not
limited to, serving as attorney providing on-site legal advice to
local District Office USCIS personnel on issues involving
immigration related adjudications, inadmissibility and
deportability grounds, and national security. Applicants must
possess JD degree, be active bar member (any jurisdiction), and
have 2+ years of post-JD experience in immigration law. For more
info, key in Job Announcement Number: COU-CIS-2009-0002 at
Preference is given to applicants with immigration law
experience, a background in federal litigation, an excellent
academic record, and strong writing skills. Submit a resume,
cover letter + writing sample (max. 10 pps.) to: Kelli J.
Duehning, Western Regional Counsel, USCIS Office of the Chief
Counsel at Must be received by
close of business, Tuesday, February 10, 2009. Position is at the
GS-13/14/15 levels and is open until filled. No relocation
reimbursement available.

(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:
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, or email:

(d) Website Services
Gain the competitive edge with your new website from INSZoom, the
world's largest immigration software company. Choose from a range
of template websites, complete with customized logos and images,
60-70 pps. of professionally written immigration law content
including news articles, processing dates, and priority times
posted directly on your site. Our search engine optimization
tools will increase your web traffic and prioritize your site in
the major search engines. Our content management tool lets you
update your site in real time. Customized intake sheets let you
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Biweekly newsletters and email blast tools enable you to stay in
constant touch with current clients and strengthen your potential
client base. Build leads and maintain a professional presence at
a reasonable cost with websites from INSZoom. Learn more online
or contact a sales representative at (925) 244-0600 to start the
process of launching your new website today.
6.  Headlines

(a) Bucks Woman Gets Jail In Immigration-Fraud Scheme

A Holland, Bucks County, woman was sentenced today to one year
and one day in prison for her role in a massive immigration-fraud
scheme, the U.S. Attorney's Office said.

(b) Gillibrand Backpedaling On Immigration

Now the junior senator has not only backed of her sanctuary city
stance, she's vowed to advocate pro-immigration legislation.

(c) Business Books: Only Immigration Can Save America, Author

The United States must embrace immigration with open arms or risk
going the way of over-indebted empires like Britain and Rome,
according to a provocative new book.

(d) Weekly Immigration Wire: Abuses Rampant in US Detention

In political circles, we sometimes use the phrase "police state,"
to describe losses of civil liberties or the encroachment of
penal processes into our lives.

For links to the above stories see here:,0209.shtm#Headlines
7.  ComingsNGoings

Readers can share their professional announcements (100-words or
fewer at no charge), email: Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here To feature your
newsletter in Immigration Daily, see here

(a) Immigration Event - Universal City, CA
Global Immigration Law Group will be hosting a seminar discussing
the Alberta Canada Permanent Residency Program for H-1B Holders
and other types of Canadian immigration on February 7, 2009, from
9:30am - 12pm, at the Hilton, Universal City (next to Universal
Studios). The address is 555 Universal Hollywood Drive, Universal
City, California 91608. The number is 1-818-506-2500. Parking
with validation is $9. Costs for the seminar are $30 per person.
Please RSVP ahead of time so that we will have materials prepared
for you. Space is limited. Registration and payment is accepted
ILW.COM is pleased to be a media sponsor.

Readers are welcome to share their comments, email:  (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.

(a) Dear Editor:
I stand corrected by Jim Roberts' (02/06/09 ID) letter concerning
the use of the term "illegal aliens" in the INA. In this case,
his letter did its homework better than mine did. Unfortunately,
I cannot say the same for his letter's insistence that there is
distinction between a "natural born citizen of the US" in Article
2 of the Constitution and a citizen by birth in the US under the
14th Amendment. I will give Mr. Roberts' letter credit for making
an ingenious argument, as others have also done in this regard. I
also think that my letters' comments about Justice Scalia's
opinion in the recent gun control case are pretty ingenious. But
in the light of the 110 year old Supreme Court case of US v. Wong
Kim Ark that so many of my letters have mentioned, Mr. Roberts'
letter's views on the issue of who is a natural born citizen of
the US are not the law, any more than my letters' arguments
against Justice Scalia's gun control majority opinion are the
law. It is high time to move on to the next topic.
Roger Algase, Esq.  New York, NY

(b) Dear Editor:
FAIR, CIS, and NumbersUSA are just an example of the racist
organizations lobbying Congress under the guise of immigration
reform (see 02/06/09 ID comment). John Tanton's nativist views
should not be promulgated in any way, shape, form or fashion and
yet Congressional members are doing just that by affiliating with
the above-named organizations. Every effort should be made to
make public the names of those members of Congress who support
these groups so that there constituents and the public can know
where their sympathies lay. There is no place in America for
anyone who thinks that a European-American majority is required
to maintain American culture. Again, may I remind all readers
that not so long ago,  Germans, Irish, and Italians were not
welcomed in this country. So much for your European-American
majority if the predjudices of those times had been allowed to
hold sway.
Steve Cedillos

(c) Dear Editor:
In his zeal to create a more dramatic analogy Murray's letter
(02/09/09 ID) suggests our undocumented workers are a putting us
at risk for anarchy. As has been discussed by previous ID
letters, a large component of this problem with regard to our
Southern border is lack of respect for the families that contain
both US Citizens and undocumented. The issue of business owners
need for various types of workers is also a popular topic. It's
really a question of who issued the ticket not if one exisits.
(except criminal aliens) I have extremely conflicted feelings
about the right of the government to restrict a citizens access
to family members and labor. Just because a law is on the books
does not make it fair, just or constitutional. Hopefully with
time and a new administration "policy" will change and a more
reasoned tone will prevail. I'm not sure "sovereignty"  fits in
the discussion.  Its not a "nation" specifically that is
disputing our laws its a large number of individuals seeking
refuge in an economic disaster. It seems when a citizen is harmed
by the law in bizzare and unforseeable ways, it should be fixed.
Its interesting to think about though since a stowaway really
isn't "harming"  the ship owner beyond the uncollected fare. It
doesn't harm the other passengers in any tangible way, he is
simply catching a ride. Would the punishment of cutting off his
feet or encarcerating restore the ship owner? I think not. The
only way to restore the ship owner is to make him pay his fare.
Isn't our concept of punishment, restoration and who is being
harmed in these matters distorted? What workable solution do you
offer? We certainly cannot feed the anchor babies to the lions as
some of letterwriters would have us do to prove our sovereign
Maura Freeman

(d) Dear Editor:
Regarding ID's Comment (2/6/09), "Nativist Lobby", is the
complaint then that the restrictionist message movement is too
organized, effective and well received? Is not what these groups
are doing is what ID and others do on the opposite end of the
spectrum?  If the former are are examples of "intolerance", are
the latter groups then guilty of tolerating anything to the
detriment of all of US?  Is Dr. Tanton's publishing company a
"racist" one or simply a publishing company?  Is it then the goal
of entry enthusiasts to not: "maintain American culture" nor "a
European-American majority"? If so, why, and what are the motives
for doing so? Is it not racist or worse  to approve or not
criticize other ethnic groups for pursuing their cultural
interests while marginalizing these groups that promote prudent
policies for US? Yesterday's letters by Roger Algase, Esq., David
D. Murray, Esq., and others demonstrates which view advocates the
preservation of the rule of law and culture for US and which one
does not.  For the benefit of those needing further explanation,
my usage of the "Heil Hitler" salute in my letter of Feb. 5th was
to note the similarities of attempts to limit free speech. The
Titanic did not go down because "engineers proclaimed she was
unsinkable" (Letter of M. Freedman - 2/5/09 ID) but because the
limited amount of water that had supported the ship became an
overwhelming flood of uncontrolled water that defeated her design
or carrying capacity when containment (enforcement) was
compromised.  The false attitude that the ship was unsinkable
certainly contributed to the lax policies leading to the tragedy.
Jim Roberts
The first daily in the field of immigration. Forward this to a

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

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