Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: USCIS

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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 … 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 … 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 … 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.”] Dear Immigration Colleagues: … 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 … 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

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 … Continue Reading

The 2013 Nation of Immigrators Awards – The IMMIs Are Announced

Posted in Congress on Immigration, Consular Officers, EB-5, Foreign policy, Homeland Security, IMMI Awards, Immigration Humor, Immigration Reform, Investor Immigration, USCIS
Hindsight, the armchair pundits say, is 20-20.  The year 2013 has proven them wrong. The end-of-year’s rear-view mirror onto the world of U.S. immigration shows impenetrable fog.  Unsurprisingly, as filmgoers know, vapory views of the recent past tend to diminish the apparent significance of events occurring early in the year (“never has a film released … 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

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. … 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

Prosecutors, Aim Your Weapons — Targeting Fraud upon Immigrants

Posted in Guest Columns, Immigration Reform, Unauthorized Practice of Immigration Law, USCIS
[Blogger's note:  Today's post is authored jointly by Angelo A. Paparelli and Ted J. Chiappari with editorial assistance from Olivia Sanson. It is reprinted with permission from the August 28, 2013 edition of the New York Law Journal. © 2013 ALM Properties Inc. All rights reserved. Further duplication without permission is prohibited. The authors thank the Journal for … Continue Reading

USCIS, America’s Immigration Cutcherry, Adopts New Procedures as the Boss Readies for a Move Upstairs

Posted in Administrative Appeals Office - USCIS, Homeland Security, Immigration "Tribes", Immigration Lawyers, USCIS
Over the 4th of July weekend, I devoured a fascinating book and, in the course of it, learned a new synonym for “bureaucracy”  – “cutcherry” — taken from Hindi and apparently originating with the British East-India Company’s bureau office in what is now Chennai. The book, The Professor and the Madman ~ A Tale of Murder, … 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

No Time for Rich-Whining, CIR Advocates Must Stay Focused on the Senate

Posted in Customs and Border Protection, Democrats on Immigration, EB-5, Employment-Based Immigration, Enforcement/USICE, Family Immigration, Global Migration, GOP on Immigration, H-1B Visas, Homeland Security, Immigration Reform, L-1 Visa, USCIS, USCIS Ombudsman
While most of the nation fixated this week on black and brown American heroes in Cleveland, the attention of immigration advocates diverged.  They vacillated between delight with the imploding anti-immigration conservative movement and nail-biting over votes on a flood of amendments to the massive, bipartisan Gang of Eight bill in the Senate Judiciary Committee. Schadenfreude … Continue Reading

The Xenophobes Can’t Kill Immigration Reform – But What Should CIR Supporters Do Now?

Posted in Border Security, Democrats on Immigration, Foreign policy, GOP on Immigration, Homeland Security, Immigration Agency Expertise, Immigration Reform, USCIS
The usual xenophobic suspects made the usual noises after the tragic events in Boston last week.  Perhaps the most premature outcry came from electrified-border-fence proponent, Rep. Steve King, Republican from Iowa, who a day after the marathon explosions linked a report (ultimately untrue) that a Saudi national had planted the bombs with King’s mission to stop comprehensive … 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

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