I thought I learned about how a bill becomes law in high school Civics. It all seemed simple and straightforward then. A bill is passed by both houses of Congress, the President signs it, and that’s the end of the story: The law is the law. U.S. Citizenship and Immigration Services – the unit within the Department of Homeland Security charged with implementing the new H-1B visa law – has added a new page, however, to the standard high school Civics text. A law apparently is not a law if the administrative agency assigned by Congress to implement it refuses to do so.

What’s this all about? It’s about the H-1B Visa Reform Act, Pub. L. No. 108-447, passed late last year to help American employers in the global race to secure the top talent for 21st Century jobs. Congress said in essence that it makes no sense investing in the graduate education of foreign nationals if they have no opportunity to work for U.S. employers after they receive their degrees.
Continue Reading The Effrontery of USCIS: “Don’t File for H-1B Visas until We Say We’re Ready, No Matter What Congress Says.”