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Dec 17 - Santa Arrives Late

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


December 17, 2008


Items:
1.  Comment: Santa Arrives Late
2.  Focus: THE PERM BOOK, 2008-2009 Edition, Shipping Now
3.  Articles:
    (a) Moderation And Immigration Reform by Harry DeMell
    (b) Law Library Of Congress Global Legal Monitor: Immigration
    And Nationality Law by Rubens Medina, Law Librarian of
    Congress
    (c) Immigrants Of The Week: Eric Ripert, Frank Oz, and Hugh
    Laurie by Greg Siskind
4.  News:
    (a) Congress Passes Trafficking Victims Protection Act, HR
    7311
    (b) DOS Presidential Permit On Otay Mesa East Border
5.  Classifieds:
    (a) Help Wanted: Immigration Attorneys
    (b) J-1 Visa Program
    (c) Credential Evaluation And Translation
6.  Headlines:
    (a) Democrats Risk Losing Hispanics
    (b) Tomorrow's Opinions Today - A Patchwork Approach To
    Immigration
    (c) Former MO Lawmaker To Halfway House
    (d) Progress At Homeland
7.  ComingsNGoings:
    (a) New Associate - Houston, TX
8.  Letters From:
    (a) Honza Prchal, Esq.
    (b) Gladys C. Farris


http://www.ilw.com/immigdaily/digest/2008,1217.shtm


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_________________________________________________________________
1.  COMMENT


Santa Arrives Late


A recession coupled with scandal after scandal leading the front
page news leaves many feeling glum during this holiday season.
There may be relief just around the corner, here's why. We
believe that immigration advocates on the Hill are feverishly
working on several variations around the CIR theme. Bills
expected to be introduced early in the 111th session of Congress
include: DREAM, 245(i) with an August 2001 cut-off (this was the
bill before the House on 9/11/01), healthcare immigration relief,
re-authorization of the EB-5 program, religious workers, and E-
Verify. So far, so good, you say? Not so fast. One looming
obstacle appears to stand in the way of the immigration benefits
wishlist. Anti-immigrationists argue that immigration should not
be increased during a period of high unemployment. The anti-
immigrationists are partly correct and for this reason, we
suspect that guest worker programs of any kind will not be passed
because Congress does not want to encourage new immigration
competing with the labor pool during a severe recession. However,
the immigration benefits being considered above will not take
away jobs but instead will strengthen labor and the economy. We
expect that there is a 50-50 chance that some immigration
benefits will be enacted as soon as February 2009 perhaps even as
part of the economic stimulus package. Stay tuned.


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


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:


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) Moderation And Immigration Reform


Harry DeMell writes "Both sides in the current immigration debate
have taken unrealistic positions that pander to different
audiences. Neither position is viable. There is a third
approach."
http://www.ilw.com/articles/2008,1217-demell.shtm
http://www.demell-visas.com/


(b) Law Library Of Congress Global Legal Monitor: Immigration And
Nationality Law


Rubens Medina, Law Librarian of Congress tracks recent
immigration-related legal developments around the world.
http://www.ilw.com/articles/2008,1217-medina.pdf
http://www.loc.gov/law/public/law.html/


(c) Immigrants Of The Week: Eric Ripert, Frank Oz, and Hugh
Laurie


Greg Siskind honors immigrants of the week.
http://www.ilw.com/articles/2008,1217-siskind.shtm
http://blogs.ilw.com/gregsiskind/


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


(a) Congress Passes Trafficking Victims Protection Act, HR 7311


We carry the text of H.R. 7311 passed by both the House and
Senate which authorizes appropriations for fiscal years 2008
through 2011 for the Trafficking Victims Protection Act of 2000,
to enhance measures to combat trafficking in persons, and for
other purposes.
http://www.ilw.com/immigdaily/news/2008,1217-hr7311.pdf


(b) DOS Presidential Permit On Otay Mesa East Border


The Department of State published notice in the Federal Register
announcing a Presidential permit, effective December 8, 2008,
authorizing the General Services Administration to construct,
operate, and maintain a vehicular and pedestrian border crossing
called ``Otay Mesa East'' near San Diego, California, at the
international boundary between the United States and Mexico.
http://www.ilw.com/immigdaily/news/2008,1217-otay.shtm
_________________________________________________________________
5.  CLASSIFIEDS


(a) Help Wanted: Immigration Attorneys
Washington, DC- USCIS Office of Chief Counsel (OCC) seeks
experienced attorneys with 3+ years demonstrated experience in
immigration law for the Adjudications Law Division (ALD). The
attorneys will serve as advisors to the Chief of the ALD, the
Chief Counsel, and to USCIS and other Departmental components on
issues relating to U.S. immigration laws.   Applicants must
possess a JD degree,  be an active member of the bar (any
jurisdiction), and have 3+ years of post-J.D. experience in
immigration law. For more info, key in Job Announcement Number:
COU-CIS-2008-0013 at http://www.usajobs.com
Submit a resume, cover letter + (2) writing samples to: Claudia
Salem, Acting Chief, Adjudications Law Division at
mailto:ALD.ALD@dhs.gov. Please make sure to note in email subject
header that you are applying for the Experienced Attorney
Position, ALD, at USCIS. Must be received by 5pm, ET, Friday,
December 19, 2008. Position is at the GS-13-GS-15 levels. This
job is being filled by an alternative hiring process and is not
in the competitive civil service. No relocation reimbursement
available.


(b) J-1 Visa Program
Discover the ease and flexibility of the J-1 Trainee visa with
AIESEC United States. For 50 years, AIESEC U.S.
http://www.aiesecus.org
has offered foreign nationals the opportunity to grow both
personally and professionally by sponsoring exchange visitor
traineeships. Enjoy unparalleled customer service, including in-
depth guidance on J-1 Trainee visa regulations and the changes
effective July 2007. We also offer logistical and cultural
reception services in locations nationwide. Expect a 24-48 hr.
application processing time. The J-1 Trainee visa can be used for
individuals to participate in training programs in the following
fields: information media and communications, education, social
sciences, library science, counseling and social services,
management, business, commerce and finance, the sciences,
engineering, architecture, mathematics and industrial
occupations, public administration, and law. Attorneys interested
in learning more about AIESEC United States and the J-1 Trainee
visa, please email Melany Hamner: mailto:melanyh@aiesecus.org.


(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) Democrats Risk Losing Hispanics


Now, one of the biggest questions Democrats face is whether
hardening attitudes toward immigration, aggravated by hard
economic times and rising unemployment, will push the party down
paths that could undercut that Hispanic support, much as
hardening rhetoric undermined Hispanic support for Republicans in
the past two years.


(b) Tomorrow's Opinions Today - A Patchwork Approach To
Immigration


Unfortunately, two North Idaho legislators seem determined to
recycle an ill-conceived anti-immigration bill, a fatally patch-
and-scratch approach to a problem that needs to be solved at the
federal level.


(c) Former MO Lawmaker To Halfway House


A former Missouri lawmaker convicted in an immigration fraud
scheme has been transferred to a halfway house.


(d) Progress At Homeland


There can't be a serious debate in the months ahead on
immigration reform without the recognition that the Department of
Homeland Security has made a large down payment on public
credibility when it comes to enforcement.


For links to the above stories see here:
http://www.ilw.com/immigdaily/digest/2008,1217.shtm#Headlines
_________________________________________________________________
7.  ComingsNGoings


Readers can share their professional announcements (100-words or
fewer at no charge), email: mailto:editor@ilw.com. Readers
interested in learning about featuring your event or conference
in Immigration Daily, see here
http://www.ilw.com/corporate/media_sponsor.shtm. To feature your
newsletter in Immigration Daily, see here
http://www.ilw.com/corporate/cross_promotions.shtm.


(a) New Associate - Houston, TX
Houston, TX - Tindall Foster, PC is pleased to announce that
Nadeen H. Agour has joined the firm as an associate. She received
her Bachelor's Degree in English from Duke University in 2002,
graduating summa cum laude and Phi Beta Kappa. She received her
law degree with Honors from Columbia University School of Law in
2005 and served as the Development Editor for the Columbia
Business Law Review. Ms. Agour is licensed to practice in Texas,
and she is a member of the ABA, the Texas Young Lawyers
Association, the Houston Bar Association, the Houston Young
Lawyers Association and AILA. www.tindallfoster.com.
_________________________________________________________________
8.  LETTERS


Readers are welcome to share their comments, email:
mailto:editor@ilw.com  (300-words or fewer preferred).
Many letters to the Editor refer to past correspondence,
available in our archives.
http://www.ilw.com/immigdaily/archives.shtm


(a) Dear Editor:
Mr. Kuslan's letter's suggestions about urls being included in
the table of contents would also be helpful for the news articles
section of your excellent publication (12/16/08 ID). It would be
more convenient, especially for those of us occasionally on slow
and old computers, than opening one window in order to open
another.
Honza Prchal, Esq.   Birmingham, AL


(b) Dear Editor:
Yes, Obama was born in Hawaii which was then a territory of USA
and therefore born in American soil however this questions of his
birth is circumstantial because the reason is "race".  When will
be more American?
Gladys C. Farris
_________________________________________________________________
The first daily in the field of immigration. Forward this to a
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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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