Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Tag Archives: “Department of Homeland Security”

Trump Administration Should Offer Better Immigration Options for Entrepreneurs — Don’t Throw out the Entrepreneurial Baby, with the Parole Bathwater

Posted in Immigration Regulations, International Entrepreneurs, Obama Administration on Immigration, Trump Administration on Immigration, USCIS

The pattern by now is all too familiar. With the Trump Administration fully ensconced, the rollback of President Obama’s eight-year legacy continues. This time it involves the International Entrepreneur Regulation — an imperfect and burdensome rule that would have become effective last month had the Administration not  imposed a delay. The Obama-era rule created a labyrinthine human steeplechase allowing a … Continue Reading

The Known and Unknown Future of the EB-5 Immigrant Investment Program at USCIS and the USCIS Ombudsman

Posted in EB-5, Fraud Detection & National Security (FDNS), USCIS, USCIS Ombudsman

Memes, apocrypha, obfuscation, head feints, hand-wringing, and supposition: These are the misleading and unreliable stuff of the Interweb. To a great extent, alas, they also infect the EB-5 ecospace. This article will avoid conjecture and look at the few hard facts we know about Trump Administration appointees and the positions they will hold, while encouraging EB-5 stakeholders momentarily to suspend … Continue Reading

Looking Back — Not Much Immigration Solace from Obama

Posted in Administrative Appeals Office - USCIS, Border Issues & CBP, Democrats on Immigration, Enforcement/USICE, H-1B Visas, L-1 Visa, Obama Administration on Immigration, Removal Proceedings, Uncategorized, USCIS

As the Obama presidency nears its twilight, let me tell you about our leader’s eight-year, largely-disappointing record on immigration.

But first a bias alert:  I voted for the President twice; I like and respect him; and I marvel at how glib, cool, incisive, studious, and otherwise mostly big-hearted he’s been.  With favorability ratings nearing 60 percent, he’s seen by most … Continue Reading

Venture Capitalists and Immigration Proponents Likely Disappointed by USCIS Proposed Entrepreneurial Parolee Rule

Posted in Advance Parole Travel Authorization, Employment-Based Immigration, Global Migration, I-9s, Immigration and Entrepreneurship, Immigration Regulations, USCIS

The Department of Homeland Security, through its component agency, U.S. Citizenship and Immigration Services (USCIS), has issued a proposed regulation to allow a qualified foreign citizen to gain entry and be employed in the United States if he or she will engage in activities that are likely to “increase and enhance entrepreneurship, innovation, and job creation in the United States” … Continue Reading

Eyes off the Prize: White House Oblivious to Immigration Bureaucrats’ Running out the Clock

Posted in EB-5, H-1B Visas, Immigration and Entrepreneurship, Investor Immigration, L-1 Visa, Obama Administration on Immigration, State Department, USCIS

Two hundred days ago President Obama stoked the hopes of immigration advocates with his announcement of wide-ranging executive actions to try — as far as his authority would carry him — to change America’s broken immigration system for the better.

Generating most of the media fanfare and Republican outrage were his plans to expand eligibility for the DACA program and … Continue Reading

Immigration on a Clean Slate: Game-Changing Proposals on Visa Modernization

Posted in Adjustment of Status, Border Issues & CBP, Border Security, Consular Officers, Courts on Immigration Law, DHS Technology Reforms, EB-5, Employment-Based Immigration, Enforcement/USICE, Fraud Detection & National Security (FDNS), Homeland Security, Immigration Courts, Immigration Reform, Immigration Regulations, Legal Representation, Obama Administration on Immigration, USCIS, VAWA - Violence against Women Act

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

Immigration Voices: “Gambling on Immigration at a Dangerous Intersection (Merry Christmas, Ninja Squirrel!)”

Posted in Enforcement/USICE, Guest Columns, I-9s, Obama Administration on Immigration

[Blogger’s Note:  Today we have a dandy guest post from the ever insightful, prolific and droll, Nici Kersey.  Don’t be put off by her introductory paragraphs.  There’s an immigration gem awaiting — one that employers, and the lawyers who counsel them, will not want to miss.]

Gambling on Immigration at a Dangerous Intersection(Merry Christmas, Ninja Squirrel!) By Nicole (Nici) KerseyContinue Reading

Immigration Voices: Coming out of the Shadows with the U Visa

Posted in Administrative Appeals Office - USCIS, Family Immigration, Guest Columns, Immigration Lawyers, Legal Representation, U visa, USCIS

 [Blogger’s note;  Probably the most gratifying element of practicing immigration law is watching clients flourish.  Obtaining immigration benefits, especially lawful permanent residency, often unleashes a wave of innovation and creativity.  Less often, it produces a humanitarian “pay it forward” moment.  This is the story of today’s guest blogger, Protima Pandey.  Many years ago, I represented a technology company that Continue Reading

Worksite Harmony and the President’s Executive Actions: It’s All about Immigration Timing

Posted in Constitutional Law, Homeland Security, I-9s, Obama Administration on Immigration, USCIS

“Politics at bottom is not all that complicated. It’s all about timing.”

Mark McKinnon

Facing a recalcitrant House of Representatives controlled by Republicans, President Obama made an historic announcement on November 20th outlining an array of executive actions he would take to fix as much as he could of our broken immigration system.

Understandably, public and media attention since then … Continue Reading

Tinker Bell’s Immigration Solution

Posted in Obama Administration on Immigration

[Blogger’s Note:  In light of President Obama’s announcement of executive actions on immigration last Thursday, this post, first published on May 7, 2010, is worth a second read.  I enjoyed the President’s address to the nation, especially his mention of Astrid Silva, the student carrying a three-degree university course-load. Still, he should have given Tinker Bell her due.]Continue Reading

Immigration “Fire on the Ground” — What’s Next for the L-1B Visa?

Posted in Administrative Appeals Office - USCIS, Courts on Immigration Law, Employment-Based Immigration, L-1 Visa, Requests for Evidence (RFEs), USCIS

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

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 how we face … 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 about blather but action:

One … Continue Reading

Power-Mad Career Immigration Bureaucrats Cry Wolf, Spook DHS Leaders

Posted in Border Issues & CBP, Congress on Immigration, Extreme Hardship, Immigrant Visas, Labor Unions, Obama Administration on Immigration, Unlawful Presence, USCIS, Waivers of Inadmissibility

Immigration stakeholders howled with joy this week over an announcement by Janet Napolitano, the Secretary of Homeland Security (DHS), and the DHS agency, U.S. Citizenship and Immigration Services (USCIS), about the forthcoming publication of a new immigration regulation.

Usually, the intention to publish a rule is no cause for huzzahs.  But this Notice of Intent is different.  It presages a … Continue Reading

Off-Message Immigration Bureaucrats Undermine the President’s Jobs Push by Refusing L-1 Specialist Visas to Indian Citizens

Posted in Consular Officers, Employment-Based Immigration, Foreign policy, Global Migration, L-1 Visa, State Department, USCIS

With the President’s supporters pleading for action, Barack Obama at last has pivoted to jobs.  “Pass this bill [the American Jobs Act]” has become his oft-shouted mantra. Surprisingly, however, career bureaucrats within the Departments of State and Homeland Security apparently haven’t read his September 8 speech to Congress and instead are taking affirmative steps to prevent job creation.  Examples of this … Continue Reading