Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: DOL

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Immigration Triangulation — Another Dysfunctional Government Policy

Posted in Congress on Immigration, Consular Officers, DOL, E-Verify, Employment-Based Immigration, Enforcement/DOL, General Immigration, H-1B Visas, I-9s, Immigration Discrimination, Immigration Reform, Labor Unions, Obama Administration on Immigration, State Department, State Immigration Laws, Trade in Services, USCIS
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 … 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

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

Will the new Labor-Business Accord Produce an Immigration Death Panel?

Posted in Congress on Immigration, DOL, Employment-Based Immigration, Enforcement/DOL, H-1B Visas, Immigration Quotas, Immigration Reform, Labor Unions, Trade in Services
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 … Continue Reading

A New Immigration Recipe: Specialty Chefs Need a Dream Act Too!

Posted in Adjustment of Status, Congress on Immigration, Consular Officers, DOL, DREAM Act, Guest Columns, I-9s, Immigration Reform, State Department, Trade in Services, Unlawful Presence, USCIS, Waivers of Inadmissibility
[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 more … 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

Hey, Immigration Bureaucrats: Corporations Are NOT People!

Posted in DOL, Employment-Based Immigration, H-1B Visas, Immigration Regulations, Obama Administration on Immigration, USCIS
At least by 1602 with the chartering of the Dutch East India Company, and perhaps as early as the 1300s with the formation of the first colleganza, a rudimentary joint-stock company set up in Venice to share the cost of a trade expedition, human beings and corporations have cohabited the earth. Although the shared habitation of human and juridical beings has … 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

Has Immigration Fraud Really Gone Viral in the DOL PERM program?

Posted in DOL, Enforcement/DOL
One of the most durable historical myths, Potemkin’s villages, involves the trompe-l’œil hamlets purportedly created at the direction of Grigory Potemkin to impress Catherine II during her 1787 trip to Crimea. If director James Cameron of Avatar fame were to reimagine and modernize the fable of Potemkin’s villages, he might well place the story, in 3D no doubt, at the … 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

Executive Craftsmanship: Job Creation through Existing Immigration Laws

Posted in Adjustment of Status, Administrative Appeals Office - USCIS, DOL, Employment-Based Immigration, Enforcement/USICE, Fraud Detection & National Security (FDNS), H-1B Visas, Immigration Reform, L-1 Visa, Letters to USCIS Ombudsman, Obama Administration on Immigration, State Department, USCIS
The dog days of August are behind us, yet the economic doldrums persist.  Unemployment remains unchanged and unacceptably high at 9.1%. The White House forecasts that it will stay there through the New Year and then likely drop only a tenth of a percentage point for all of 2012.  Congress returns this week to Washington. Vituperation … Continue Reading

Immigration Promises Made, Debts Unpaid

Posted in Deportation - Removal, DOL, Employment-Based Immigration, Enforcement/DOL, General Immigration, H-1B Visas, Immigration Agency Expertise, USCIS
Are we a trustworthy nation?  The world waits to see if the American government becomes a deadbeat on August 2, when the debt ceiling is hit.  Will the country break faith with its creditors?  Will it stiff Social Security recipients, the ill and disabled, fallen warriors and others whose lives or fortunes depend on Uncle Sam’s unflagging … Continue Reading

Face-off: Foreign Entrepreneurs vs. the Immigration Alligators — with Obama as Referee

Posted in Adjustment of Status, Administrative Appeals Office - USCIS, DOL, Employment-Based Immigration, Global Migration, H-1B Visas, Immigration Reform, L-1 Visa, Obama Administration on Immigration, USCIS
President Obama has put on a good show lately about the need for the populace to rise up and pressure the GOP to enact comprehensive immigration reform.  He urges citizens to begin “a national conversation on immigration reform that builds a bipartisan consensus to fix our broken immigration system so it works for America’s 21st century economy.”  With … 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

Time for Congress to Streamline the H-1B Visa Process

Posted in DOL, Employment-Based Immigration, Enforcement/DOL, H-1B Visas, Immigration Reform, USCIS
On February 18 and 19, the University of California (Irvine) hosted a symposium where many of U.S. immigration’s Rock-Star professors came together to try and solve “Persistent Puzzles in Immigration Law.”  The topics covered a wide expanse. A subject discussed that particularly interested me is Congress’s often inexplicable delegation of regulatory authority among a surfeit of federal agencies … Continue Reading