Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Tag Archives: USCIS

Soothsayings on Changes to the EB-5 Immigrant Investment Program

Posted in Congress on Immigration, EB-5, GOP on Immigration, Investor Immigration, USCIS

“It’s tough to make predictions, especially about the future.”

~ Yogi Berra

The talk of the nation – at least that segment interested in U.S. green card benefits available to foreign investors – is about the welcome or feared changes likely to occur in the EB-5 employment-creation immigration investor visa program.  Scuttlebutt and divination have yielded a wide range of … 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

Beware the Justice Department’s Stealthy Grab for Enhanced Power to Enforce Immigration Discrimination Rules

Posted in I-9s, Immigration Discrimination, Immigration Regulations, Obama Administration on Immigration

[Blogger’s Note: Today is the last day to submit comments to the Justice Department on its proposed rule which would modify its immigration-related antidiscrimination regulations, which are enforced by the Office of Special Counsel for Unfair Immigration-Related Employment Practices (the Special Counsel). The proposal’s fine print reveals that DOJ’s effort is in essence an unlawful power grab that would expand 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

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 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

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

Pants on Fire over Immigration

Posted in Congress on Immigration, Constitutional Law, Democrats on Immigration, General Immigration, GOP on Immigration, Homeland Security, Immigration Reform, Obama Administration on Immigration

In the 1997 film, Liar Liar, Jim Carrey starred as Fletcher Reede, a scruples-free lawyer whose young son, Max, wishes that, for just one day, his dad would tell the truth.  Max’s wish is granted. Fletcher flips from mendacity to veracity.  He tries persistently to lie; his Silly-Putty® face contorts wildly, but he can only blurt out truths.  Hilarity … 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: Dr. No vs. the League of Extraordinary Aliens

Posted in Extraordinary Ability, Guest Columns, O-1 Visas, Requests for Evidence (RFEs), USCIS, USCIS Ombudsman

[Blogger’s note:  An anonymous immigration lawyer offers this lament on the woeful quality of adjudications at U.S. Citizenship and Immigration Services (USCIS).  For related wailing, see:  “ ‘I Hate [Bleep]ing Immigration Law’ — Whenever I Get an Unjust Request for Evidence,” “End the Tyranny of Immigration Insubordination,” and “Immigration Indifference – The Adjudicator’s Curse.”]Continue Reading

USCIS Gets an EB-5 Earful at Immigration Listening Session

Posted in EB-5, Investor Immigration, USCIS

[Blogger’s note:  For EB-5 stakeholders interested in learning more about the USCIS Listening Session, you can register for “EB-5 Immigrant Investor Update,”  a webinar presented by members of Seyfarth Shaw LLP’s EB-5 Immigrant Investment Team on May 13, 2014.  Topics include: 

• The April 23, 2014 USCIS’s stakeholders listening session

• FINRA’s recent notices and how to spot 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

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 to enlist and “deputize” third … Continue Reading

The Immigration-Abandonment Ploy — Fallout from a Fiddling Congress and Bickering Allies

Posted in Adjustment of Status, Advance Parole Travel Authorization, Congress on Immigration, Consular Officers, Immigration Lawyers, Immigration Regulations, Immigration terminology, State Department, Unlawful Presence, USCIS, Waivers of Inadmissibility

The times they are a-mournin’ for proponents of immigrant rights and immigration reform. While Pope Francis shows the world how to love by embracing and praying with a tumor-scarred man, immigrants-rights activists and immigration-reform pragmatists are at war among themselves over tactics in the battle to achieve just solutions to our nation’s dysfunctional immigration problems. They who should be allies 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

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 is not the meme it … 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 in protest of John … 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 will be entrusted mainly to … Continue Reading