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

March 17, 2009


1.  Comment: Your Daily Issue
2.  Focus: THE PERM BOOK
3.  Articles:
    (a) Frequently Asked Questions About The Army's New Non-
    Citizen Recruiting Program For Foreign Health Care
    Professionals by Margaret D. Stock
    (b) Holy Cao! Want Some Good Refugee News? by Judy K. Warner
    (c) Bloggings On PERM Labor Certification by Joel Stewart by
    Joel Stewart
4.  News:
    (a) USCIS Invites CBOs To Apply For $1.2 Million Competitive
    Citizenship Grant Program
    (b) USCIS Will Continue To Process I526 Forms
5.  Classifieds:
    (a) Immigration Law Certificate
    (b) Case Management Technology
6.  Headlines:
    (a) Concern With Immigration Brings A New N-Word To American
    (b) [CT] Bill Protects Children In Immigration Raids
    (c) A Deportation Case Against A Dead Man
    (d) Despite Recession, Immigration Reforms Essential to
    Normalize Labor Flows
7.  ComingsNGoings:
    (a) Immigration Book
8.  Letters From:
    (a) Honza Prchal, Esq.
    (b) Phil Slaton
    (c) Godfrey Y. Muwonge
    (d) Luz
    (e) Robert Yang
    (f) Sergi Sheplov
    (g) Jim Roberts


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Your Daily Issue

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


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) Frequently Asked Questions About The Army's New Non-Citizen
Recruiting Program For Foreign Health Care Professionals

Margaret D. Stock writes "Titled "Military Accessions Vital to
the National Interest", the new pilot program allows certain non-
citizens who are legally present in the US to join the Army and
apply immediately for US citizenship without first obtaining
lawful permanent residence."

(b) Holy Cao! Want Some Good Refugee News?

Judy K. Warner writes "Good news about refugees is rare, I know.
The election of  Joseph Cao in Louisiana is exactly that."

(c) Bloggings On PERM Labor Certification by Joel Stewart

Joel Stewart writes "According to his standard, the job of
electrician cannot be filled by a person who meets the
requirements stated, since a combination of experience, education
and training would exceed the maximum to two years SVP

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

(a) USCIS Invites CBOs To Apply For $1.2 Million Competitive
Citizenship Grant Program

USCIS will provide funding to community-based organizations that
serve one or more priority immigrant groups in areas of the US
that contain a large representation of the country's immigrant

(b) USCIS Will Continue To Process I526 Forms

As a result of the extension of the Pilot Program, USCIS will
continue to receive, process, and adjudicate all Regional Center
Proposals and Forms I-526, Immigrant Petitions by Alien
Entrepreneur, and Forms I-485, Applications to Register Permanent
Residence or Adjust Status, affiliated with Regional Centers
relying on "indirect" job creation analysis.

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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.

(b) Case Management Technology
Offering enterprise-level software and unparalleled US-based
support, ImmigrationTracker
is the most flexible and dependable immigration management
solution on the market today. Designed by immigration attorneys
and paralegals, ImmigrationTracker is often praised for its ease
of use, intuitive features, and built-in immigration knowledge.
As one of our customers noted, "If we had two years and unlimited
funds to design our ideal immigration management system, Tracker
would be it."  Phil Curtis, Chin & Curtis.  Find out for yourself
why Tracker is the choice of: 83% of practicing Past Presidents
of the AILA (American Immigration Lawyers Association, through
June 2007); 86% of the 25 largest immigration law firms (IndUS
Business Journal 2006); 75% of the AmLaw 200 (largest US law
firms, American Lawyer Media, 2006); 3x as many globally ranked
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(Chambers Global and the International Who's Who of Business
Immigration Lawyers, 2007). Schedule your private demo: Call
1-888-466-8757 ext. 278 or email mailto:sales@immigrationtracker.com.
6.  Headlines

(a) Concern With Immigration Brings A New N-Word To American

Why, in our democratic-capitalist system, do some feel that a
legitimate business should not be able to tap this large group of

(b) [CT] Bill Protects Children In Immigration Raids

A [Connecticut] bill recently introduced in the state Assembly
would create guidelines for schools to follow to protect children
from intimidation - and keep them in school - during immigration
raids, such as those that swept through Mendota two years ago.

(c) A Deportation Case Against A Dead Man

Seven months later, the federal government is still proceeding
with the deportation case against him.

(d) Despite Recession, Immigration Reforms Essential to Normalize
Labor Flows

Yet despite conditions, lawmakers should be preparing changes to
immigration policy in anticipation of the country's economic
revival, says former Homeland Security Secretary Michael
Chertoff, who had jurisdiction over immigration issues.

For links to the above stories see here:
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
Who Speaks for Hispanics?: Hispanic Interest Groups in Washington
By Deirdre Martinez. State University of New York Press, 175 pp.
Hardcover, ISBN: 0791493571, $60.00

Readers can share comments, email: mailto:editor@ilw.com  (up to
300-words). Past correspondence is available in our archives

(a) Dear Editor:
Chia-Li Sung's letter (03/10/09 ID) has certainly struck a chord.
The fear of the disorderly criminal horde may be a persistent
feature of often exaggerated fears of large-scale immigration,
but it is based on real-world phenomena. Responding to Mr.
Murray's letter, simply making it easier to come in legally and
somehow shifting the balance towards more upper crusty types of
immigrants, or at least towards particularly skilled or hard-
working lower class folks would go a long way towards allaying
fears of people already here about immigrants by cutting down on
the criminality associated with hordes in near-mono-cultural
ghettoes and dubious immigration status both on the frontend (one
will have to have some wealth) and on the backend (the price of a
deportable offense will be very visible in terms of a lost
investment). My letter's suggestion of a straight fee would cut
much of the bureaucracy by allowing immigration authorities to
ask three types of questions to potential immigrants: Did you
pay? Do you carry a dangerously infectious disease or one that
American would end up having to pay for? Are you a threat to our
safety? A one-time fee would allow families to sponsor relatives
they care enough for the old fashioned way and it would eliminate
many of the silly market-distorting requirements of the investor
visa. As for the inevitable suggestion that merely buying
citizenship will be cheapening or will create a class of
indentured servants who will remain alienated from the county,
what we have now seems far worse. We are allegedly a capitalist
country with mercantile roots. Why not put a price tag and health
and safety test on citizenship too? It'll cut costs, cut crime
and increase transparency. I think it could also pass muster with
those who share Chia-Li Sung's letter's views.
Honza Prchal, Esq.  Birmingham, AL

(b) Dear Editor:
Fixing immigration was never on the Bush or her agenda, so it was
impossible for her to do anything about it (03/16/09 ID comment).
I never saw Ms. Rice trudge to the Hill and testify before any
committee; I never saw her enter the fray of discussion on the
subject; and, I never saw her make any proposals to fix it.  The
only thing that the Bush Administration did in its quest to stop
illegal immigration was to stop legal immigration.   Saying now
that she has regrets about the Bush administration not achieving
results, and her having done nothing to assist in immigration
reform, is disingenuous.
Phil Slaton  Poulsbo, WA

(c) Dear Editor:
My own deepest regret is that bright people like Condoleezza
Rice, on both sides of the political divide, continue to convince
themselves that true immigration reform is taking people "from
the shadows" a phrase that has synonymity with "comprehensive
immigration reform" which has euphemistic association with
legalization and "path to X" programs such as IRCA (see 03/16/09
ID comment). The immigrants' rights opponents keep winning at
legislating (it's the "W" in the win-column, stupid!) because our
side - the immigrants' rights advocates - has failed to coin a
coherent message to convince Americans we mean what we say, like
the messages of the civil rights movement. "Ethic of reciprocity"
is nowhere in "CIR" to make anyone believe that amnesty isn't
about taking food from the mouths of innocent little Americans,
as rabid anti-immigrants suggest. Many of the CIR "players'" eyes
glaze over with $$ signs because CIR means $$ any way one cuts
it. The agency is literally highway-robbing poverty-level
immigrants with filing fees such as $930 for a four-page I-485
and others.  We must cease and desist from this "CIR" rush.
What's the alternative? Read my book: Immigration Reform - We Can
Do It, If We Apply Our Founders' True Ideals (Hamilton 2009). The
publisher rushed me, hoping to put it on shelves by Election Day.
Then the bottom fell out of the economy, and nobody wanted to
talk about anything else. Still, I tried hard to cobble together
several arguments. I begin simply with the construct that work is
a human right. If we require it of other countries, can we
trample it here? This is the kind of argument we must make. But
the other attention we must pay is the structure of the entire
INA.  Dillingham Commission sought to do something that's not
secret. Forty-one volumes were about racism.
Godfrey Y. Muwonge

(d) Dear Editor:
Responding to ID's 3/13/09 comment, this is the best way we can
upgrade the quality of service we can get from USCIS, by
digitizing operation and processes, and also to get the people
factor change their culture in rendering efficient, quality, and
timely service to us, their customers.  Eventually, we can get
the information we need from the internet - same way that the
personal health records are going to be made available in the
health care industry.  The USCIS system is broken, so with the
rest of the other systems in our government.  But, as long as
we're headed towards the right direction, and something is being
done, hopefully, we can get there as fast as we can. Progress
can't be delayed.  As long as we, the stakeholders, will be the
drivers, let's get vigilant, knowledgeable, and on the forefront
of our issues as we see them fit, and in unity we can not fail.
"Divide and conquer" is a strategy - let's not allow it to
happen.  Kudos to IT in USCIS proccesses! Digitizing it is just a
step, but a big leap to progress!  Hopefully, my two sons whom I
petitioned 7 years ago can get an answer - 7 years and all I
received was a letter of receipt of the petition, and that it
would take 999 days for processing.  It's been how many days now?
Luz  Fayetteville, NC

(e) Dear Editor:
CIR must happen in 2009 with common senses changes in our current
immigration laws. We must establish guarantor or bond system for
visa applicants from risky countries and allow more group tour
visas for tourists from many exporting and developing nations.
The global economy crisis happened because we spend too much on
imports and not to let our trading partners to spend that money
back in the US. Spurring tourism is one way to jump start our
economy and creating jobs. We must eliminate chain family based
category and put some strict condition that only immediate family
members can be sponsored if the sponsors are financially able to
do so and have means to support the new members. We must put
conditions on all new immigrants that they must be English
proficient, healthy and of good moral characters, accepting our
Constitution and the principle of separation of religion and
state, which is very important in relation of some Muslim
immigrants who still believe in imposing their outdated Sharia
laws where ever they are, secure jobs within 6 months and not
seeking any kind of public welfare for at least 10 years and must
have at least $ 6000 or 3 months worth of living expenses in the
US before they arrive here and giving earned legalization for
those who are here without legal papers. Work sites enforcement
must focus on employers and fine them with substantial fine to
cover the cost to compensate their illegal employees and cost of
repatriating them to their homelands. Our immigration laws should
not treat humans as criminals and putting them in jail for
working without permits but let focus on the employers to pay
their illegal workers to go back to their countries, this is good
enough as deterrent.
Robert Yang

(f) Dear Editor:
Murray's latest letter (03/16/09 ID) thankfully distances itself
from the blatently anti-immigrant views expressed in J.Roberts's
letter (03/16/09 ID). Unfortunately Murray's letter expresses an
elitest viewpoint when it comes to immigration policy. His leter
states it doesn't understand Prachal's letter suggesting investor
visa's to $50,000. "hardly more than the price of a well equipped
SUV."  Investor visas are proof positive of the racist and
elitest immigration policy we have been railing against. While
one with a college education with an Esq. on his signature may
seem like a paltry sum, if an investor from country where the per
capital average income is is below $4000 a year comes up with the
formidable sum of $50,000 to invest in America, we should sit up
and take note. There is a person America should be clamoring to
have. It pains me to think the children of rich European families
can get daddy to write a check to a real estate investment
interest in the US to come here to play in the elite
neighborhoods of our country. $500,000 for these people is a
pittance, why not require a substantial investment based on the
individual or family net worth? Is it really an "investment" or
pocket change?   Creating a system that lets one "buy-in"
regardless of character, work ethic or commitment to society
makes a mockery of the other hard earned visa categories. Being
rich doesn't make a person a disirable commodity. Investor visas
should be country specific, based on the per-capita incomes of
the country the Immigrant is coming from and reflect the value in
work ethic and ingenuity of the person who we allow to enter and
become a part of our great experiment. 
Sergi Sheplov

(g) Dear Editor:
In regards to the 3/16/09 Letters, the comment D. Murray's letter
made about my letters, I could use about those of R. Algase's: "I
wish Jim Roberts's letters [ ie: RA's ] would not use my letters
as support for his philosophies".  While my "too much
immigration" comment included legal and illegal entry which is
the "reality", there is nothing "American" about this or
"masterfully" about the deliberate twisting and revision of my
views to fit the racist, bigoted, distorted and clouded "lens"
through which the RA letters sees everything poorly.  Had the
last election been limited to BO, McCain and Alan Keyes (a
black), I would have voted for Alan, a man of principle.
Racebaiters use racism as a bully tactic to preclude other valid
reasons for making choices and is intellectually deficient and
they need to get off this tired horse. My letter was edited by
leaving out my J. Henderson comment and then attributed my
"faustian bargain", R. Gittelson comment to JH. On my enlarged
type screen, my letter was 45 lines as submitted, and 31 lines as
run. The number of lines in the letters that ran were: RA(42), RY
(47), DM (44) and VJ (45). My letter, before editing was similar
in length to the others. 
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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