Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: H-1B Visas

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Tips from an Immigration Insider: How to Excel at a U.S. Visa Interview

Posted in B-1 Visas, Consular Officers, H-1B Visas, H-2B Visas, Immigrant Visas, Immigration Law Complexity, Immigration Lawyers, Immigration Regulations, L-1 Visa, Legal Representation, P Visas, State Department
Ellis Island, which opened as an immigration processing post on January 1st 122 years ago, symbolizes for many Americans of immigrant descent the place where would-be entrants to the U.S. learned whether they would be admitted to the country.  Perhaps the most famous and wrenching location within this hallowed landmark are the “stairs of separation,” … 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

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

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

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 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

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

Immigration Options for DREAMers under EXISTING Law

Posted in Adjustment of Status, DREAM Act, H-1B Visas, Investor Immigration, Legal Representation, Obama Administration on Immigration, USCIS
Last week marked the end of the second annual National Coming out of the Shadows Week, a rite of passage for undocumented youth — Americans in all but the eyes of the law — who support enactment of the DREAM Act.  Publicly proclaiming one’s unauthorized immigration status is clearly a courageous act. As the National … Continue Reading

Missive from Mumbai: Why Are U.S. Immigration Agencies Attacking India and Hurting America?

Posted in Border Issues & CBP, Business Visitors, Consular Officers, Foreign policy, H-1B Visas, L-1 Visa, State Department, USCIS
At least when it comes to India, Yogi Berra had it wrong. It’s not déjà vu all over again.  Blogging this weekend from my hotel room in Mumbai, I vividly recall my first trip to India in 1993. Invited as part of an American Bar Association delegation, I spoke in New Delhi on “Nonimmigrant Visa Options for Computer Software … 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

A Cancer within the Immigration Agency

Posted in Congress on Immigration, Enforcement/USICE, Fraud Detection & National Security (FDNS), H-1B Visas, L-1 Visa, Obama Administration on Immigration, USCIS
I think that . . . there’s no doubt about the seriousness of the problem . . . We have a cancer–within, close to the Presidency, that’s growing. It’s growing daily. It’s compounding, it grows geometrically now because it compounds itself.  [John] Dean [recapping] the history of the Watergate break-in and subsequent cover-up for . . . President … 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

First, Do No (Immigration) Harm (to Business Visitors)

Posted in B-1 Visas, Business Visitors, Congress on Immigration, Consular Officers, Employment-Based Immigration, H-1B Visas, Immigration Reform, Immigration terminology, Obama Administration on Immigration, State Department
The sage of the current age, Wikipedia, defines the term “nonmaleficence” — from the Latin primum non nocere – as a principle of medical ethics, one that in my view is equally applicable to the immigration sphere.  The princple holds that “given an existing problem, it may be better not to do something, or even to do nothing, than … 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

Immigration Punking — Left, Right and Center

Posted in Congress on Immigration, Enforcement/USICE, General Immigration, H-1B Visas, Immigration Reform, Immigration terminology, Obama Administration on Immigration
On the first day of the second quarter of 2011, I fell for a joke.  As the Urban Dictionary (definition #2) would word it, I was “punk’d“!  I didn’t merely fall for just any immigration-related ersatz news item (like the passage of the CIRAF bill reported by my colleagues in ABIL), I breathlessly embraced as the truth an … 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