Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: Courts on Immigration Law

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Immigration “Fire on the Ground” — What’s Next for the L-1B Visa?

Posted in Administrative Appeals Office - USCIS, Courts on Immigration Law, Employment-Based Immigration, L-1 Visa, Requests for Evidence (RFEs), USCIS
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 … Continue Reading

Four Post-Infosys Strategies for Corporate Customers and Consultants to Minimize Immigration Risks

Posted in B-1 Visas, Business Visitors, Courts on Immigration Law, DOL, Employment-Based Immigration, Enforcement/DOL, Enforcement/USICE, Foreign policy, General Immigration, H-1B Visas, Homeland Security, I-9s, Immigration Discrimination, Immigration Law Complexity, Immigration Lawyers, Immigration Portfolio Management, Immigration Regulations, Immigration terminology, Legal Representation, Obama Administration on Immigration, Trade in Services, USCIS
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 U.S. Attorney for the … Continue Reading

The L-1 Intracompany Transferee Visa Facing Attack — from All Branches of the Federal Government (Part II)

Posted in Administrative Appeals Office - USCIS, Congress on Immigration, Consular Officers, Courts on Immigration Law, GOP on Immigration, L-1 Visa, Obama Administration on Immigration, Requests for Evidence (RFEs), USCIS
[Bloggers Note:  The second of my two-part blog post below first appeared in Seyfarth Shaw LLP's September 10 and September 12 "Employment Law Lookout" Blog] The L-1 Intracompany Transferee Visa Facing Attack — from All Branches of the Federal Government (Part II)  By Angelo A. Paparelli As noted in our last post, American businesses which offer U.S. secondments … Continue Reading

The L-1 Intracompany Transferee Visa Facing Attack — from All Branches of the Federal Government (Part I)

Posted in Administrative Appeals Office - USCIS, Congress on Immigration, Consular Officers, Courts on Immigration Law, L-1 Visa, Obama Administration on Immigration, State Department, USCIS
[Bloggers Note:  My two-part blog post below first appeared in Seyfarth Shaw LLP's September 10 and September 12 "Employment Law Lookout" Blog] The L-1 Intracompany Transferee Visa Facing Attack – from All Branches of the Federal Government (Part I)   By Angelo A. Paparelli U.S. employers have likely grown accustomed to the longstanding controversy over the highly … Continue Reading

Oh What a Tangled Immigration Web We Weave: A Knotty Future For the H-2B Program

Posted in Congress on Immigration, Courts on Immigration Law, DOL, Employment-Based Immigration, Global Migration, Immigration Protectionism, Immigration Quotas, Immigration Reform, Labor Unions, Obama Administration on Immigration
[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 … Continue Reading

Rethinking Immigration: If America Will Welcome More Entrepreneurs, Why Not More Creatives?

Posted in Congress on Immigration, Courts on Immigration Law, Democrats on Immigration, Employment-Based Immigration, Extraordinary Ability, GOP on Immigration, Immigration and Entrepreneurship, Immigration and Journalism, Immigration and the Arts, Immigration Protectionism, Immigration Reform, Labor Unions, Obama Administration on Immigration, P Visas
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 … Continue Reading

Fix Immigration by Improving Its Justice System

Posted in Congress on Immigration, Courts on Immigration Law, Democrats on Immigration, GOP on Immigration, Immigration Agency Expertise, Immigration Courts, Immigration Law Complexity, Immigration Reform, Obama Administration on Immigration, Removal Proceedings, USCIS
“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.”  Nothing of substance has changed since I offered that post last August, save for a groundbreaking election that reversed … Continue Reading

The 2012 Nation of Immigrators Awards – The IMMIs

Posted in Border Issues & CBP, Congress on Immigration, Courts on Immigration Law, Democrats on Immigration, Deportation - Removal, DHS Technology Reforms, DOL, DREAM Act, Employment-Based Immigration, Enforcement/USICE, Foreign policy, General Immigration, GOP on Immigration, H-1B Visas, I-9s, IMMI Awards, Immigration Courts, Immigration Protectionism, Immigration Reform, Investor Immigration, L-1 Visa, Obama Administration on Immigration, State Department, State Immigration Laws, Unlawful Presence, Waivers of Inadmissibility
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 … Continue Reading

Reforming Immigration “with Liberty and Justice for All”

Posted in Adjustment of Status, Administrative Appeals Office - USCIS, Border Issues & CBP, Congress on Immigration, Consular Officers, Courts on Immigration Law, Democrats on Immigration, DOL, EB-5, Employment-Based Immigration, Enforcement/DOL, Enforcement/USICE, Global Migration, GOP on Immigration, H-1B Visas, Immigration Courts, Immigration Law Complexity, Immigration Lawyers, Immigration Reform, Immigration Regulations, Investor Immigration, Legal Representation, Obama Administration on Immigration, State Department, Trade in Services, USCIS, USCIS Ombudsman
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 … Continue Reading

The Immigration Week That Was

Posted in Border Issues & CBP, Congress on Immigration, Consular Officers, Courts on Immigration Law, Customs and Border Protection, Democrats on Immigration, DOL, DREAM Act, Enforcement/DOL, Foreign policy, General Immigration, Global Migration, GOP on Immigration, H-1B Visas, Immigration Reform, Obama Administration on Immigration, State Department, State Immigration Laws
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 … Continue Reading

Immigration Good Behavior — a Riddle Riddled with Riddles

Posted in Adjustment of Status, Border Issues & CBP, Congress on Immigration, Consular Officers, Courts on Immigration Law, Customs and Border Protection, Enforcement/USICE, Immigration Courts, Immigration Law Complexity, Immigration Reform, Immigration Regulations, Immigration terminology, Removal Proceedings, Unlawful Presence, USCIS
“[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 … Continue Reading

Immigration Quibbles and Bites: The Fortnight in Review

Posted in Courts on Immigration Law, EB-5, General Immigration, Investor Immigration, Obama Administration on Immigration, USCIS
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 … Continue Reading

Immigration Lawyers Arguing: “Can I Work from Home for a Foreign Employer?”

Posted in Courts on Immigration Law, Employment-Based Immigration, Foreign policy, Guest Columns, Immigration Law Complexity, Immigration Regulations, Immigration terminology
[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.   … Continue Reading

Two Market-Based Proposals for Immigration Reform: Cap-and-Trade or Uncap-and-Grow?

Posted in Congress on Immigration, Courts on Immigration Law, Immigration Agency Expertise, Immigration Courts, Immigration Reform, Legal Representation
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 … Continue Reading

The DHS Inspector General Report on Fraud Detection at USCIS: Pious Immigration Baloney

Posted in Administrative Appeals Office - USCIS, Courts on Immigration Law, Fraud Detection & National Security (FDNS), USCIS, USCIS Ombudsman
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 … Continue Reading

Immigration’s Hobgoblin: A Foolish Inconsistency

Posted in Congress on Immigration, Consular Officers, Courts on Immigration Law, DOL, Immigration Agency Expertise, L-1 Visa, Obama Administration on Immigration, State Department, USCIS, USCIS Ombudsman
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 … Continue Reading

10 Immigration Predictions: The Foreseeable Consequences of the Supreme Court’s Arizona E-Verify Decision

Posted in Congress on Immigration, Courts on Immigration Law, Enforcement/USICE, I-9s, Immigration Reform, MOUs - Memoranda of Understanding, Obama Administration on Immigration, State Immigration Laws
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 … Continue Reading

Deportation Hearing Notices Flood the Immigration Removal Process

Posted in Border Issues & CBP, Congress on Immigration, Courts on Immigration Law, Deportation - Removal, Enforcement/USICE, General Immigration, Immigration Reform, Obama Administration on Immigration, USCIS
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, … Continue Reading

Demystifying Immigration Myths

Posted in Congress on Immigration, Courts on Immigration Law, DOL, Enforcement/DOL, Enforcement/USICE, Foreign policy, General Immigration, Immigration Agency Expertise, Immigration Law Complexity, Immigration Reform, Immigration terminology, MOUs - Memoranda of Understanding, USCIS
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 … Continue Reading