Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: Employment-Based Immigration

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The Immigration Pony in Eric Cantor’s Defeat

Posted in Congress on Immigration, Employment-Based Immigration, Family Immigration, Foreign policy, GOP on Immigration, Immigration Reform
The usual voices said trite things when a sliver of Richmond, Virginia Republican primary voters last Tuesday rejected Eric Cantor’s bid to continue as Majority Leader in the House of Representatives.  With a margin of just over 7,200 votes out of roughly 62,000 cast, David Brat, a college economics professor and Johnny-one-note who beat the … Continue Reading

Immigration Voices: “What the ‘L’ is Going on with USCIS?”

Posted in Employment-Based Immigration, L-1 Visa, USCIS
[Bloggers Note:  Today's guest column comes from noted Atlanta-based business immigration lawyer, Eileen M.G. Scofield, who addresses a subject covered often before on NationOfImmigrators, the business-critical L-1 Intracompany Transferee visa category. (See, e.g., "The L-1 Intracompany Transferee Visa Facing Attack -- from All Branches of the Federal Government, Part I and Part II.  Eileen and I, together … Continue Reading

Immigration Voices – Immigration Reform Must Redress the Current Law’s Gender Biases

Posted in Congress on Immigration, Employment-Based Immigration, Family Immigration, General Immigration, Immigration Discrimination, Immigration Reform, Obama Administration on Immigration
[Blogger's note:  Once again the prolific and ever lucid Careen Shannon offers fresh insights on another facet of our dysfunctional immigration system.  Today, she shows why gender bias taints America's immigration system, and what should be done to eliminate structural bias as part of comprehensive immigration reform.]    Immigration Reform Must Redress the Current Law’s Gender … Continue Reading

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

Immigration Dreaming in California — Assembly Bill 263 Will Bring Nightmares to the State’s Employers

Posted in Employment-Based Immigration, Enforcement/USICE, I-9s, Immigration Regulations, State Immigration Laws
“California deserves whatever it gets. Californians invented the concept of life-style. This alone warrants their doom.” ― Don DeLillo, White Noise “Political corruption, social greed, and Americanized quasi-socialism can ruin even the most wonderful places. California proved that.” ― Tiffany Madison As a transplant from Michigan who has thrived in California since settling here in … 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

Immigration’s Minnesota Nice, Sen. Al Franken, Helps Small Businesses and Regular Folks with the I-9 Process

Posted in Congress on Immigration, Employment-Based Immigration, I-9s, Immigration Reform, Obama Administration on Immigration, USCIS Ombudsman
Ever since the people of Minnesota elected Al Franken their U.S. senator, there’s been a hole in my comedic heart.  The good Senator doesn’t keep counsel with me, but I’ve discerned that he’s made a personal vow to never again offer a hint of his former incarnation as one of the nation’s most hilarious comedians … Continue Reading

No Time for Rich-Whining, CIR Advocates Must Stay Focused on the Senate

Posted in Customs and Border Protection, Democrats on Immigration, EB-5, Employment-Based Immigration, Enforcement/USICE, Family Immigration, Global Migration, GOP on Immigration, H-1B Visas, Homeland Security, Immigration Reform, L-1 Visa, USCIS, USCIS Ombudsman
While most of the nation fixated this week on black and brown American heroes in Cleveland, the attention of immigration advocates diverged.  They vacillated between delight with the imploding anti-immigration conservative movement and nail-biting over votes on a flood of amendments to the massive, bipartisan Gang of Eight bill in the Senate Judiciary Committee. Schadenfreude … Continue Reading

Memo to GCs: If Ever There Is a Time for Immigration Portfolio Management, It’s Now.

Posted in Border Security, Business Visitors, Employment-Based Immigration, Fraud Detection & National Security (FDNS), General, H-1B Visas, I-9s, Immigration Law Complexity, Immigration Portfolio Management, Immigration Quotas, Immigration Reform, L-1 Visa, Legal Representation
Much has been written since April 17 when the bipartisan Gang of Eight senators introduced S. 744, a brobdingnagian immigration reform bill that overlays 844 pages of turgid text on top of the already gargantuan and complex Immigration and Nationality Act.  The Migration Policy Institute, the National Immigration Law Center, and the American Immigration Lawyers Association (AILA) have each … 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

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

The Immigration Line is Too Damn Long (and Slow)

Posted in Congress on Immigration, Employment-Based Immigration, Family Immigration, Foreign policy, Global Migration, Immigration Quotas, Immigration Reform, Obama Administration on Immigration
Steadfastly opposing a path to citizenship for unauthorized immigrants, the anti-immigration crowd has long trumpeted an array of related memes: Why don’t they just get into line like everyone else? Why don’t they wait their turn? Why don’t they just follow the law? Why should we reward lawbreakers who disrespect our laws? Why should those … Continue Reading

The I-9 Audit Process is a Game — Alas, it is Football, not Soccer

Posted in Employment-Based Immigration, Enforcement/USICE, I-9s, USCIS
[Blogger's note:  Today's guest column is by my colleague at Seyfarth Shaw, John Quill. Three abiding passions animate John -- love of family, sports (hockey in particular) and immigration law.  His passion for sports and frustration with U.S. immigration law's employer-sanctions enforcement regime combine today to bring us this insightful and wistful post.]    The … 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

The Senate Must Modify Its Filibuster Rules to Pass Comprehensive Immigration Reform

Posted in Congress on Immigration, Democrats on Immigration, Employment-Based Immigration, Family Immigration, Global Migration, GOP on Immigration, Immigrant Visas, Immigration Reform, Investor Immigration, Trade in Services
“ And there took place . . . [in the U.S. Senate] so many “extended discussions” of measures to keep them from coming to a vote that the device got a name, “filibuster,” from the Dutch word vrijbuiter, which means “freebooter” or “pirate,” and which passed into the Spanish as filibustero, because the sleek, swift ship … 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

Immigration’s NannyStateGate: Picking EB-5 Winners and Losers

Posted in Congress on Immigration, Employment-Based Immigration, Investor Immigration, USCIS
With one week to go before the election, the final days have been marked by heated arguments over the proper role of government.  In the prime battleground state of Ohio, the Presidential candidates have crisscrossed virtually every county, arguing over whether and when government should intervene to save or create jobs. Political comic, Jon Stewart, recently offered … 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

Hot from Miami: Four Fresh and Seasoned Immigration Reform Proposals

Posted in Border Issues & CBP, Employment-Based Immigration, Enforcement/USICE, Global Migration, Guest Columns, Immigration Reform
[Bloggers note:  Today's guest column is co-authored by two shining stars in the immigration firmament, Roxana Bacon and Esther Olavarria, who offer four innovative proposals for immigration reform conceived by their law students at the University of Miami Law School. The post is longer than usual but well worth your time.   The melding of  insights from the immigration … 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

Immigration Protectionism Costs America Billions

Posted in Congress on Immigration, Employment-Based Immigration, Foreign policy, Immigrant Visas, Immigration Protectionism, Immigration Reform, Obama Administration on Immigration, Trade in Services
I worry a lot about the future facing America’s young adults.  Saddled with Dickensian levels of college and grad-school debt, largely unable to find opportunities in their preferred careers, our young fear that they’ll be relegated to work in low-paid, dead-end jobs. They and their parents are rightly concerned that the middle class is disappearing, … Continue Reading

Pre-Election Bipartisanship — Except on Immigration, Where Sen. Grassley Stubbornly Obstructs

Posted in Congress on Immigration, Consular Officers, Employment-Based Immigration, Fraud Detection & National Security (FDNS), H-1B Visas, Immigration Reform, Obama Administration on Immigration, State Department, Unauthorized Practice of Immigration Law, USCIS
At President Obama’s signing ceremony for the JOBS Act last week, White House guests slapped high fives with bipartisan glee. They came to the Rose Garden to help “Jumpstart Our Business Startups,” as the new law’s title optimistically promises to do. With pen in hand, the President joined in the merriment, observing that it’s not … Continue Reading

No More Waiting on Legal Immigration

Posted in Adjustment of Status, B-1 Visas, Business Visitors, Consular Officers, Employment-Based Immigration, Foreign policy, Immigration Reform, Obama Administration on Immigration, State Department, USCIS
[Blogger's note: This article is reprinted with permission from the February 22, 2012 edition of The New York Law Journal.  ©2010 ALM Properties Inc. All rights reserved. Further duplication without permission is prohibited. The authors thank the Journal for permission to reprint this article.]   No More Waiting on Legal Immigration By Angelo A. Paparelli and … Continue Reading