Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Tag Archives: DOL

What Disclaimer? ~ USCIS Ignores Labor Department Warning That the Occupational Outlook Handbook Never Be Used for Legal Purposes

Posted in DOL, Guest Columns, H-1B Visas, USCIS

[Blogger’s Note:  Today’s post originates from a discovery – a gem hidden in plain sight – first brought to my attention by  Gabe Mozes, my immigration partner at Seyfarth Shaw, and co-author of this piece. Great immigration lawyer that he is, Gabe raised a particularly galling example of how U.S. Citizenship and Immigration Services (USCIS) pursues extralegal, pretextual grounds, 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

Oh What a Tangled Immigration Web We Weave: A Knotty Future For the H-2B Program

Posted in Congress on Immigration, Courts on Immigration Law, DOL, Employment-Based Immigration, Global Migration, Immigration Protectionism, Immigration Quotas, Immigration Reform, Labor Unions, Obama Administration on Immigration

[Blogger’s Note: This post — originally published on March 31, 2013 — is a guest column (updated on April 3, 2013) to reflect actions by the 11th Circuit Court of Appeals and U.S. Citizenship and Immigration Services.

The original post was authored by a former federal government official who played a substantial role in immigration policy. The revisions were added Continue Reading

Will the new Labor-Business Accord Produce an Immigration Death Panel?

Posted in Congress on Immigration, DOL, Employment-Based Immigration, Enforcement/DOL, H-1B Visas, Immigration Quotas, Immigration Reform, Labor Unions, Trade in Services

One of the most challenging elements of comprehensive immigration reform (CIR) has long been the need for consensus on the legal, temporary entry of essential foreign workers. This plan for “future flows” of guest workers is critical if we are to reduce the incentive of unauthorized migrants to crash the border.

The lack of agreement between business and labor over guest-worker … Continue Reading

Hey, Immigration Bureaucrats: Corporations Are NOT People!

Posted in DOL, Employment-Based Immigration, H-1B Visas, Immigration Regulations, Obama Administration on Immigration, USCIS

At least by 1602 with the chartering of the Dutch East India Company, and perhaps as early as the 1300s with the formation of the first colleganza, a rudimentary joint-stock company set up in Venice to share the cost of a trade expedition, human beings and corporations have cohabited the earth.

Although the shared habitation of human and juridical beings has never been … Continue Reading

Has Immigration Fraud Really Gone Viral in the DOL PERM program?

Posted in DOL, Enforcement/DOL

One of the most durable historical myths, Potemkin’s villages, involves the trompe-l’œil hamlets purportedly created at the direction of Grigory Potemkin to impress Catherine II during her 1787 trip to Crimea. If director James Cameron of Avatar fame were to reimagine and modernize the fable of Potemkin’s villages, he might well place the story, in 3D no doubt, at the Frances Perkins Building on … Continue Reading

Immigration Promises Made, Debts Unpaid

Posted in Deportation - Removal, DOL, Employment-Based Immigration, Enforcement/DOL, General Immigration, H-1B Visas, Immigration Agency Expertise, USCIS

Are we a trustworthy nation?  The world waits to see if the American government becomes a deadbeat on August 2, when the debt ceiling is hit.  Will the country break faith with its creditors?  Will it stiff Social Security recipients, the ill and disabled, fallen warriors and others whose lives or fortunes depend on Uncle Sam’s unflagging reliability.

The New York Times Continue Reading

Time for Congress to Streamline the H-1B Visa Process

Posted in DOL, Employment-Based Immigration, Enforcement/DOL, H-1B Visas, Immigration Reform, USCIS

On February 18 and 19, the University of California (Irvine) hosted a symposium where many of U.S. immigration’s Rock-Star professors came together to try and solve “Persistent Puzzles in Immigration Law.”  The topics covered a wide expanse. A subject discussed that particularly interested me is Congress’s often inexplicable delegation of regulatory authority among a surfeit of federal agencies that administer and … Continue Reading