[Blogger’s Note: This post is submitted as a necessarily-lengthy formal comment to the November 20, 2015 draft guidance of U.S. Citizenship and Immigration Services, PM-602-0122, interpreting the phrase, “the same or [a] similar occupational classification” as used in the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
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 anti-amnesty drum with gusto, eked … Continue Reading
[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 with Miami … Continue Reading
[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 Biases by Careen … Continue Reading
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 to enlist and “deputize” third … Continue Reading
“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 1982, I’ve come to expect … 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.”
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 and sketch comedy artists. … Continue Reading
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 abounded over the fall … Continue Reading
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 … 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
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 business and labor over guest-worker … Continue Reading
[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 I-9 Audit Process is … Continue Reading
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
“ 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 used by Caribbean pirates was … 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
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 his usual sarcasm-saturated take on … Continue Reading
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 never been … Continue Reading
[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
[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