On October 23, 2023, U.S. Citizenship and Immigration Services (USCIS), the component within the Department of Homeland Security (DHS) charged with the adjudication of applications for immigration benefits and naturalization, proposed in a 94-page, single-spaced, three-column document to “modernize” the H-1B nonimmigrant visa category for noncitizen workers in specialty occupations. The comment period for this
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A Snitch in Time Saves How Many? – Incentivizing Noncitizens to Report Employment Law Violations
A Snitch in Time Saves How Many? – Incentivizing Noncitizens to Report Employment Law Violations
“I generally avoid temptation unless I can’t resist it.” ~ Mae West
The Biden Administration has long sought to incentivize noncitizens who suspect that an employer may be violating laws protecting worker rights to report perceived violations to federal authorities. …
Immigration Rush to Judgment – No Good Cause for New H-1B Rules in a Hurry
The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) last week affirmed the truth of the Upton Sinclair maxim on just how hard it is get someone “to understand something, when his [or her] salary depends on . . . not understanding it.”
In this case, federal immigration bureaucrats have had three…
The Trump Administration Releases a New Hymnal to Curb the Administrative State ~ Immigration Lawyers Erupt in Rapturous Song
President Trump’s October 9, 2019 overtures landed as music to the ears of many grizzled immigration lawyers who persistently suffer battle fatigue from the culture of virtually never. On that day the President released a double album, each with artfully penned liner notes:
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What Disclaimer? ~ USCIS Ignores Labor Department Warning That the Occupational Outlook Handbook Never Be Used for Legal Purposes
[Blogger’s Note: Today’s post originates from a discovery – a gem hidden in plain sight – first brought to my attention by Gabe Mozes, my immigration partner at Seyfarth Shaw, and co-author of this piece. Great immigration lawyer that he is, Gabe raised a particularly galling example of how U.S. Citizenship and Immigration Services…
Immigration Triangulation — Another Dysfunctional Government Policy
The dictionary defines the adjective, “passive-aggressive,” as “a type of behavior or personality characterized by indirect resistance to the demands of others and an avoidance of direct confrontation.” That is an apt characterization describing how federal bureaucrats work their will in the immigration ecosphere. The passive-aggressive behaviors show up in efforts by federal immigration officials…
Four Post-Infosys Strategies for Corporate Customers and Consultants to Minimize Immigration Risks
Samuel Herbert, Her Majesty’s Home Secretary from 1931-32 (the British equivalent of the U.S. Secretary of Homeland Security), could well have been speaking about two recent immigration-related events when he quipped that “bureaucracy” is “a difficulty for every solution.”
One is an October 30 Settlement Agreement between Indian It consulting giant, Infosys, and the…
Oh What a Tangled Immigration Web We Weave: A Knotty Future For the H-2B Program
[Blogger’s Note: This post — originally published on March 31, 2013 — is a guest column (updated on April 3, 2013) to reflect actions by the 11th Circuit Court of Appeals and U.S. Citizenship and Immigration Services.
The original post was authored by a former federal government official who played a substantial role in immigration…
Will the new Labor-Business Accord Produce an Immigration Death Panel?
One of the most challenging elements of comprehensive immigration reform (CIR) has long been the need for consensus on the legal, temporary entry of essential foreign workers. This plan for “future flows” of guest workers is critical if we are to reduce the incentive of unauthorized migrants to crash the border.
The lack of agreement between…
A New Immigration Recipe: Specialty Chefs Need a Dream Act Too!
[Blogger’s note: Today’s guest blog is by my friend and scholarly colleague, Nathan Waxman. Nathan revisits an issue he first considered eight years ago in this space when he bemoaned the increasingly poor quality of ethnically authentic food in New York City, and laid the blame upon our immigration laws. Having suffered through several …