Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Tag Archives: “USCIS Policy Memorandum”

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

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[Blogger’s Note:  This post is submitted as a necessarily-lengthy formal comment to the November 20, 2015  draft guidance of U.S. Citizenship and Immigration Services, PM-602-0122, interpreting the phrase, “the same or [a] similar occupational classification” as used in the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

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

Immigration Voices: “What the ‘L’ is Going on with USCIS?”

Posted in Employment-Based Immigration, L-1 Visa, USCIS

[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

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 to … 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 coveted  H-1B … 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 Department of Homeland … Continue Reading