Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: Obama Administration on Immigration

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The “When” of Immigration

Posted in Congress on Immigration, Enforcement/USICE, GOP on Immigration, Immigration Reform, Obama Administration on Immigration
In everyday English, “when” clearly “connote[s] immediacy.” . . .¬†’”when’ … can be read, on the one hand, to refer to ‘action or activity occurring ‘at the time that’ or ‘as soon as’ other action has ceased or begun … [But on] the¬†other hand, ‘when’ can also be read to [mean] ‘at or during the … Continue Reading

Waiting in the Wings: A New Leader at the Immigration Helm

Posted in Congress on Immigration, Democrats on Immigration, EB-5, GOP on Immigration, Immigration Law Complexity, Immigration Reform, Immigration Regulations, L-1 Visa, Obama Administration on Immigration, USCIS
The dysfunctional immigration world continues to spin dangerously out of control.  Do-nothing House Republicans (and five pusillanimous Democrats) commit political seppuku with the passage of the ENFORCE Act  – a going-nowhere bill which would authorize civil suits against the President to dissuade him from doing something to husband scarce prosecutorial resources and ameliorate the harsh … Continue Reading

Senator’s Saucy Request Roils EB-5 Regional Centers

Posted in Congress on Immigration, EB-5, GOP on Immigration, Immigration Lawyers, Investor Immigration, Obama Administration on Immigration
Imagine you’re the general counsel of Coca Cola (or of any other company that takes great pains to safeguard the internal secrets that endow the organization with competitive advantages over other firms in the same industry).  On your desk lands a letter from a U.S. senator in the minority party asking that your company turn … Continue Reading

Half a Loaf Immigration Reform

Posted in Democrats on Immigration, GOP on Immigration, Immigration Reform, Obama Administration on Immigration
At the beach when the tide is going out, the waves recede and it seems that nothing is happening in the sea. But the truth is that the great swells are gathering strength beneath the waters, building energy for the time the tide will return.  ~ Dean Walley, “The Tides of Life” These words aptly … 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

Parole-in-Place — The Immigration PIPsqueak That Could Help Solve the Biggest Obstacle to Comprehensive Reform

Posted in Congress on Immigration, Deportation - Removal, Homeland Security, Immigration Reform, Immigration terminology, Obama Administration on Immigration, Parole-in-Place, Removal Proceedings, Unlawful Presence, USCIS
The last few weeks have witnessed severe shocks to the health care system known as Obamacare. The President has issued mea culpas for the not-ready-for-prime-time web site, Health.gov, and for his campaign promise to Americans that if they liked their health insurance plan, they could “keep it. Period.” Americans who’ve lost their preferred health plan have also experienced … 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

Immigration Voices – Careen Shannon: “Stop the Birther Nonsense Now”

Posted in Citizenship and Nationality, Constitutional Law, Democrats on Immigration, GOP on Immigration, Guest Columns, Obama Administration on Immigration
[Blogger's Note:  Today's post comes from the prodigious and talented Careen Shannon,  a frequest guest blogger and blogger in her own right, who is Of Counsel at Fragomen, Del Rey, Bernsen & Loewy, LLP and an Adjunct Professor of Law at the Benjamin N. Cardozo School of Law in New York. Careen Shannon . I've … Continue Reading

If Immigration Law Were a Person It Would Sing: “Oh Lord, Please Don’t Let Me Be Misunderstood”

Posted in Border Security, Congress on Immigration, Deportation - Removal, DREAM Act, Enforcement/USICE, Immigration "Tribes", Immigration Law Complexity, Immigration Lawyers, Immigration Reform, Mexico, Obama Administration on Immigration, Removal Proceedings
[Blogger's Note:  An earlier version of this post mistakenly suggested that the article discussed below offering the views of an immigration lawyer was written by that lawyer.  It was not; rather it was written by a reporter who quoted the lawyer.  This blogger regrets the error.] The power of online and social media to whip … Continue Reading

Give Peace a Chance: End the U.S.-India Immigration and Trade War Now

Posted in Congress on Immigration, Immigration Discrimination, Immigration Protectionism, Immigration Reform, Investor Immigration, Obama Administration on Immigration, Trade in Services
The drums of war are pounding.  Prominent American companies, through a variety of business associations, are urging the Obama Administration and Congress to punish the Government of India for mounting hostile actions in a brewing trade war. For its part, the Indian government cannot be pleased with the dramatically increased filing fees and restrictions to be … Continue Reading

A Swimmingly Good Immigration Solution to Border Security

Posted in Congress on Immigration, Customs and Border Protection, Democrats on Immigration, GOP on Immigration, Homeland Security, Immigration Reform, Obama Administration on Immigration
The word in Washington is that S. 744, the Gang of Eight’s immigration bill, must move to the right if it is to pass the Senate by a 70-vote, bipartisan margin, and thereby pressure the House to approve a (no doubt rightward-leaning) version of comprehensive immigration reform (CIR).   Some Members of Congress, however, Senator … Continue Reading

Immigration Progress: A Good EB-5 Policy Memo Could Still Be Better

Posted in Adjustment of Status, Congress on Immigration, EB-5, I-9s, Immigrant Visas, Immigration and Entrepreneurship, Immigration Reform, Immigration Regulations, Investor Immigration, Legal Representation, Obama Administration on Immigration, USCIS
French philosopher and aphorist, François-Marie Arouet, better known by his nom de plume, Voltaire, wrote in Italian that “Il meglio è l’inimico del bene [the perfect is the enemy of the good].” The wisdom of this saying, championed by pragmatists everywhere, comes to mind upon reading a May 30, 2013 Policy Memorandum (PM) issued by the … Continue Reading

The Immigration Scandal at DHS — Just as Bad as at IRS

Posted in Border Issues & CBP, Congress on Immigration, Enforcement/USICE, Fraud Detection & National Security (FDNS), Homeland Security, Immigration Reform, Labor Unions, Obama Administration on Immigration, USCIS
Immigration law and tax law, although at first glance strikingly different, share much in common.  Each rivals the other in complexity.  Each permeates every nook and cranny of human behavior — from commerce and criminality to love and divorce, from mental illness to extraordinary brilliance, from birth to death and everything in between. Though each … 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

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

Immigration Quota Reform: Waste Not, Want Not

Posted in Congress on Immigration, Immigration Quotas, Immigration Reform, Obama Administration on Immigration, State Department, USCIS
Frugality, something second nature to our colonial forebears, is a trait we Americans seem to have forgotten.  We are profligate in our material acquisitions and in their disposition. (Witness the growing mountains of toxic electronic waste that are almost as hard to be rid of as spent nuclear fuel.)   Saving for a rainy day … 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

The New I-9: Why Now When We Need Immigration Amnesty for Employers?

Posted in Congress on Immigration, DHS Technology Reforms, Enforcement/USICE, I-9s, Immigration Lawyers, Immigration Reform, Immigration Regulations, Obama Administration on Immigration, USCIS
The New I-9: Why Now When We Need Immigration Amnesty for Employers? By Nicole Kersey and Angelo A. Paparelli   Irony was plentiful last week in Washington and around the country.  One particularly hawkish Republican, Senate Minority Leader Mitch McConnell (who never met a war-on-terror strategy he disliked), glommed onto Senator Rand Paul’s filibustery droning against drones … 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

Memo to Immigration Reformers: “First catch your [EB-5] hare!”

Posted in Congress on Immigration, Consular Officers, Customs and Border Protection, Democrats on Immigration, General Immigration, GOP on Immigration, Immigration Agency Expertise, Immigration Reform, Investor Immigration, Obama Administration on Immigration, State Department, USCIS
Winston Churchill, whose mother was American (Jennie Jerome of Brooklyn), could just as well have been speaking about the components of comprehensive immigration reform.  Instead he was commenting on the Allies’ post-World War II plans for world governance when, in the summer of 1942 with the war yet unwon, he said: I hope these speculative studies … 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