Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Tag Archives: “Obama Administration”

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

An Immigration Opportunity Lost: USCIS Stiffens on Job Flexibility

Posted in Adjustment of Status, Congress on Immigration, Courts on Immigration Law, Employment-Based Immigration, Immigration Agency Expertise, Immigration Reform, Immigration Regulations, Letters to USCIS Ombudsman, Trade in Services, USCIS

[Blogger’s Note:  This post is submitted as a necessarily-lengthy formal comment to the November 20, 2015  draft guidance of U.S. Citizenship and Immigration Services, PM-602-0122, interpreting the phrase, “the same or [a] similar occupational classification” as used in the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

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 Howling, Hope, Hype and Hodgepodge: USCIS’s New L-1B Memo

Posted in L-1 Visa, Obama Administration on Immigration, State Department, USCIS

Social media flamed with expressions of outrage, relief and tepid optimism ever since President Obama announced on March 23, 2015 the release of long-awaited  policy guidance on a key temporary worker visa category:

Today, I’m pleased to announce a new action I’m also taking to make it easier for global companies who are present here today to launch and invest … 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

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

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 anti-amnesty drum with gusto, eked … 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 shocks, … 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 is a distinct legal discipline, … Continue Reading

Rethinking Immigration: Stop the Alienation of Affection

Posted in Congress on Immigration, Democrats on Immigration, Global Migration, GOP on Immigration, Immigration Discrimination, Immigration Protectionism, Immigration Reform, Immigration terminology, Obama Administration on Immigration

With the Obama Administration and lawmakers in both parties promising to fix our dysfunctional immigration system, it’s time for a reality-based understanding of global migration and a fresh choice of words.  

As Prof. Fariborz Ghadar, Senior Advisor and Scholar at the Center for Strategic and International Affairs, observes:

Just as a teenager grows up and dismisses the simplistic … Continue Reading

The Democrats’ Immigration Position: Better But Blemished

Posted in Democrats on Immigration, Deportation - Removal, GOP on Immigration, Immigrant Visas, Immigration Law Complexity, Immigration Reform, Obama Administration on Immigration

The Democratic Convention in Charlotte ended last week. The media has now turned to measuring and marveling at President Obama’s post-convention bounce despite weak Labor Department data revealing persistent joblessness.

The inevitable comparisons of the two parties’ convention performances give the edge to the Democrats’ oratory, production values, crowd enthusiasm and diversity.  On immigration policy, the Dems offered more substantive messaging, while … Continue Reading

The President Has Spoken — Can DHS Make the Immigration DREAM Come True?

Posted in DREAM Act, Enforcement/USICE, Fraud Detection & National Security (FDNS), Immigration Reform, Immigration Regulations, Obama Administration on Immigration, Removal Proceedings, Unlawful Presence, USCIS

The portents were plentiful, reaching back 30 years. Yet none but a clairvoyant could have predicted the aftermath on June 15, 1982 when the Supreme Court in Plyler v. Doe provided undocumented children with a guarantee of education through high school. Three decades to the day, a mixed-race president (whose Kenyan father was hounded out of the U.S. as a student by Continue Reading

Stop the Immigration Profiling

Posted in Consular Officers, Foreign policy, Immigration Discrimination, Mexico, Obama Administration on Immigration, State Department, USCIS

Surprising as it may be to Italian-American youth of today, with a Cuomo as governor of New York and a Scalia and an Alito as Supreme Court justices, this kid of 1950s’ Detroit hated his Italian name and resented his father for having conferred it.  “Angelo Alfredo Paparelli” was too much ethnicity to bear. 

I’m not named “Angelo” because of my … 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 Ted J. Chiappari 

President … Continue Reading

The Immigration Appeaser-in-Chief Should Try Some New Ammunition

Posted in Border Issues & CBP, Employment-Based Immigration, Enforcement/USICE, Foreign policy, Immigration Reform, Obama Administration on Immigration, USCIS

President Obama had a macho moment this week when he suggested, rhetorically, a poll of ghosts. “Ask Osama Bin Laden” and the “22 out of 30 top al-Qaeda leaders who’ve been taken off the field,” he proposed, “whether I engage in appeasement.”  The storied bugaboo of foreign-policy appeasement, best typified by the flaccidity of British Prime Minister Neville Chamberlain in the … Continue Reading

Immigration Magnetized, Privatized and Depersonalized

Posted in Congress on Immigration, DREAM Act, Enforcement/USICE, Foreign policy, I-9s, Obama Administration on Immigration

The recent CNN GOP debate on foreign policy surprised many for what it included and excluded.  Amazingly, nothing was said of the European debt crisis that threatens to create severe financial blowback in America.  The surprise by inclusion came from Republican flavor of the month, Newt Gingrich, who responded to a domestic policy question on immigration, specifically, what America should do … 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 in lieu of legislative action … Continue Reading

The Nine Best Immigration Practices for U.S.-Inbound Businesses, Entrepreneurs and Investors

Posted in General

Over more than the last 30 years, I’ve advised countless foreign businesses and investors seeking to establish operations in the United States. Many thrived, but some, regrettably, failed to survive. Often, the founders’ inattentiveness to the requirements of U.S. immigration law has been a primary cause of rough beginnings or failures to launch. This blog post will offer best immigration … Continue Reading