[Blogger’s Note: This post is submitted as a necessarily-lengthy formal comment to the November 20, 2015 draft guidance of U.S. Citizenship and Immigration Services, PM-602-0122, interpreting the phrase, “the same or [a] similar occupational classification” as used in the “increased job flexibility” provisions of Immigration and Nationality Act (INA) §§ 204(j) and 212(a)(5)(A)(iv). This comment incorporates by reference the … Continue Reading
Terabytes of text have already been generated in the course of extolling or excoriating President Obama for his November 20 Executive Actions on Immigration. The prolific foaming of bloviating mouths has mostly been prompted by the promise of deferred action and work permits for undocumented immigrants under the DACA and DAPA programs. Surprisingly, however, his equally profound measures to improve … Continue Reading
Since 2008 American employers have been burning mad about how U.S. Citizenship and Immigration Services (USCIS) has gone from fairly reasonable to highly restrictive in its interpretation of the L-1B “specialized knowledge” visa category. This statutory visa category allows certain “intracompany transferees” to enter and work in the U.S. for a qualifying employer if he or she “has a special … Continue Reading
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.”
U.S. employers have likely grown accustomed to the longstanding controversy over the highly coveted H-1B … Continue Reading
[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 policy. The revisions were added … Continue Reading
The purpose of the [Immigration and Nationality Act is] to prevent an influx of aliens which the economy of individual localities [cannot] absorb. . . . Entrepreneurs do not compete as skilled laborers. The activities of each entrepreneur are generally unique to his own enterprise, often requiring a special balance of skill, courage, intuition and knowledge. . . . The … Continue Reading
“U.S. immigration law is like stratified rock, revealing layer on layer of Congressional accretions laid down over many years, with the superstructure upended in tectonic shifts triggered by the baffling and contradictory interpretations of multiple agencies and courts.”
As we count out the final hours of 2012, let’s recall the highs and lows of the past year in America’s dysfunctional immigration ecosphere.
Nation of Immigrators is pleased to confer its third annual IMMI Awards. (Full disclosure: As in past years, these are my personal choices. If you disagree or believe I’ve missed an obvious awardee, feel free to … Continue Reading
As Republicans join Democrats in contemplating reform of the nation’s dysfunctional immigration system, the final line of the Pledge of Allegiance (“with liberty and justice for all”) is the best place to start.
Revitalizing our broken and outdated 20th Century immigration laws to respond to the needs of 21st Century America will turn in large part on how we face … Continue Reading
Youthful fans of Saturday Night Live may be forgiven for assuming, however mistakenly, that SNL invented satirical television comedy. The patent for this invention probably ought to go instead to other earlier contenders, Jack Paar, Sid Caesar, Imogene Coco or Steve Allen. While I love these past and present paragons of humor, I’ll never forget the laughs my Dad … Continue Reading
“[A] riddle, wrapped in a mystery, inside an enigma” ~ Winston Churchill
The most quotable of British Prime Ministers could well have been talking about the American immigration system rather than describing Russia in 1939. U.S. immigration law is like stratified rock, revealing layer on layer of Congressional accretions laid down over many years, with the superstructure upended in … Continue Reading
It’s been a momentous, startling and exasperating two weeks. The Supreme Court ended the term with three blockbuster decisions, and U.S. Citizenship and Immigration Services (USCIS) held a less-noticed public engagement that knocked the socks off one important segment of the stakeholder community.In Arizona v. United States, the Court — notwithstanding the ludicrous claims of victory from AZ Gov. … Continue Reading
[Blogger’s note: Whether by dint of nature or nurture, lawyers love to argue; immigration lawyers perhaps more so. Unlike our colleagues (outside of immigration practice) for whom sources of law are better defined, immigration attorneys can access a wider array of law and non-law sources with which to fashion our pro and con arguments.
As a change of pace … Continue Reading
The federal government regularly auctions airwaves and drilling leases. Should it also auction humans? This is the startling question posed recently at a May 15, 2012 Hamilton Project conference in a paper, a slide presentation and the transcript of remarks offered by Giovanni Peri, an economics professor at the University of California (Davis). Prof. Peri provides an intriguing, … Continue Reading
The historian said to the venture capitalist, “Let’s drop the pious baloney,” as each sought the highest office in the land. No, this post is not the set-up to a joke, except perhaps a nod to the risible circular firing squad that the GOP presidential candidates have formed.
And it’s not about a sliced and packaged meat sausage, more accurately … Continue Reading
Europe is at a tipping point. Will the European Union be dashed on Greek or Italian shores. Will France follow Greece and Italy in losing the esteem of bondholders? Will the EU revert to an Uncommon Market and again suffer its historic curse, a mash-up of competing and warring states whose citizens must proffer passports to cross borders and each time … Continue Reading
The U.S. Supreme Court freed a herd of immigration “elephants [hiding] in a mousehole” on May 26. That’s when five Justices used a four-word exception to the Immigration Reform and Control Act of 1986 (IRCA) — an act which, among its extensive provisions, banned the employment of foreign citizens whom the employer knows lack work permission — to trample the immigration landscape. The … Continue Reading
Our government leaders often ignore elementary rules of ecology and economics when trying to grapple with America’s immigration problems.
Ecology teaches that a system cannot thrive or long function if inputs far outnumber outputs. When rainwater enters the Mississippi in a volume that exceeds the river’s carrying capacity, levees are breached, adjacent lands are flooded, and people are devastated.
Economics … Continue Reading
A trip abroad, as I took recently for a speaking gig, often allows intellectual curiosity to gallivant more freely. It also provides opportunities to question accepted truths or cause germinating notions to blossom into convincing arguments, especially if serendipity or divine providence creates chance meetings with strangers. These thoughts crystallized after my return as I read Peggy Noonan’s op-ed … Continue Reading