The pattern by now is all too familiar. With the Trump Administration fully ensconced, the rollback of President Obama’s eight-year legacy continues. This time it involves the International Entrepreneur Regulation — an imperfect and burdensome rule that would have become effective last month had the Administration not imposed a delay. The Obama-era rule created a labyrinthine human steeplechase allowing a … Continue Reading
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
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
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
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.
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
[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) Kersey… Continue Reading
[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
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
[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
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
As Republicans join Democrats in contemplating reform of the nation’s dysfunctional immigration system, the final line of the Pledge of Allegiance (“with liberty and justice for all”) is the best place to start.
Revitalizing our broken and outdated 20th Century immigration laws to respond to the needs of 21st Century America will turn in large part on how we face … Continue Reading
At President Obama’s signing ceremony for the JOBS Act last week, White House guests slapped high fives with bipartisan glee. They came to the Rose Garden to help “Jumpstart Our Business Startups,” as the new law’s title optimistically promises to do. With pen in hand, the President joined in the merriment, observing that it’s not about blather but action:
One … Continue Reading
Immigration stakeholders howled with joy this week over an announcement by Janet Napolitano, the Secretary of Homeland Security (DHS), and the DHS agency, U.S. Citizenship and Immigration Services (USCIS), about the forthcoming publication of a new immigration regulation.
With the President’s supporters pleading for action, Barack Obama at last has pivoted to jobs. “Pass this bill [the American Jobs Act]” has become his oft-shouted mantra. Surprisingly, however, career bureaucrats within the Departments of State and Homeland Security apparently haven’t read his September 8 speech to Congress and instead are taking affirmative steps to prevent job creation. Examples of this … Continue Reading