Employment-Based Immigration

Much like patient vintners, federal immigration agencies often take time to offer up a grand cru.  One such agency, U.S. Citizenship and Immigration Services (USCIS), the Homeland Security component that administers the legal immigration system, just produced a long-awaited, delectable quaff. On May 5, it issued a policy memorandum that anointed as binding precedent

[Author’s Note:  This article was originally published on May 8, 2020 by the Bureau of National Affairs, Inc., on Bloomberg Law, and is accessible here. It is reproduced with permission from The Bureau of National Affairs, Inc. (800-372-1033) www.bloombergindustry.com. Copyright 2020] 

Covid-19’s impact is ongoing and Americans are eager to return to

President Trump’s October 9, 2019 overtures landed as music to the ears of many grizzled immigration lawyers who persistently suffer battle fatigue from the culture of virtually never.  On that day the President released a double album, each with artfully penned liner notes:

The legal cannabis business is spreading like weeds.  As several states and foreign countries have enacted laws decriminalizing or legalizing marijuana for medicinal or recreational use, a fresh rush of reefer madness has overtaken the business world.  Investments in the cannabis industry are now available as ETFs (Exchange Traded Funds), and marijuana startups are

Much digital ink has already been spilled reporting on the phantom tide of undocumented migrants supposedly breaching our Southern border.  This article will address a different, but very-real immigration flood, and suggest ways U.S. employers, noncitizens, and their lawyers ought be emboldened to add to the deluge.

Ironically, it is about a dry subject –

The State of California won and lost bigly last July 4th. But what if the state’s biggest loss could be salvaged because the primary federal immigration enforcement agency performing worksite visits – the Fraud Detection and National Security Directorate (FDNS) in U.S. Citizenship and Immigration Services (USCIS) – has never been lawfully authorized

“It became necessary to destroy the town to save it.”

~ An unidentified U.S. major, referring to the February 7, 1968 bombing of the South Vietnamese town of Ben Tre that killed hundreds of noncombatants, as recounted by Associated Press reporter, Peter Arnett.

US 1965 Stamp Celebrating the 750-Year Anniversary

international entrepreneurThe 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

Woman With Back Pain[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

Vintage inscription made by old typewriterTerabytes 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