ABIL-Immigration-Updates
FOLLOW ABIL
  • U.S. Blog
  • Global Blog
  • ABIL Home
  • ABIL Lawyers
  • News & Articles
  • More Immigration Blogs
    • ABIL Lawyers' Blogs
    • Immigration Blog Aggregator
  • Contact Us

NO-WIN IMMIGRATION POLICY: DENYING H-1B EXTENSIONS TO SKILLED WORKERS FROM INDIA SO THAT THEY SELF-DEPORT

1/6/2018

0 Comments

 
By: Cyrus D. Mehta, ABIL Lawyer
The Insightful Immigration Blog

​There are many people born in India, and to a lesser extent China, who have been patiently waiting for over a decade for their green cards. They have complied with all immigration formalities and the only thing holding them back is an available visa. The law allows them to continue working on extended H-1B visas while they wait legally in the United States. President Trump, in the name of protecting US workers, wants to send these skilled workers home to wait for their green cards. This is consistent with the Trump administration’s goal to destabilize the immigration system – from the travel ban aimed at Muslims to depriving skilled workers on H-1B visas to remain in their jobs and contribute to the United States.

A McClatchy press report  has sent shock waves within the backlogged H-1B community, as well as alarmed employers who sponsor skilled foreign workers for visas and green cards, attorneys and all people concerned about fairness. The report cites credible sources within the Department of Homeland Security who say that they are drafting a proposal to restrict H-1B visa extensions beyond the six-year limitation, which would result in the “self-deportation” of tech workers, thus opening up jobs for Americans in furtherance of President Trump’s Buy American Hire American Executive Order. Such a move is completely counter intuitive as these H-1B workers have all been beneficiaries of approved labor certification applications that resulted in unsuccessful attempts at locating qualified US workers to perform these specialized duties.
There are reportedly more than 1 million H-1B visa holders in the country, mainly from India, that have been waiting for green cards for more than a decade. Although the H-1B visa’s maximum duration is 6 years, those who are caught in the green card backlogs can apply for either a 3-year extension or a 1-year extension under the American Competitiveness in the 21st Century Act (AC21).

The DHS is specifically looking to reinterpret Section 104(c) of AC21, which provides for a 3-year extension of H-1B visas beyond the 6-year limitation. In order to be eligible for a 3-year extension under 104(c), the H-1B visa holder must be the beneficiary of an approved employment-based I-140 petition and must also demonstrate eligibility for adjustment of status but for the visa not being available as a result of the per country limitation. Section 104(c), however, states that the beneficiary of an I-140 petition “may apply” and the Attorney General (and by extension the DHS) “may grant” such an H-1B extension.
Since the enactment into law in 2000, prior administrations under Presidents Clinton, Bush and Obama have routinely granted 3-year H-1B extensions under 104(c). Even if the statute indicates that the government “may grant” the extension, such discretion cannot be used to arbitrarily deny H-1B visa extensions and thus eviscerate Congressional intent. The purpose of Section 104(c) was to provide relief to those in H-1B visa status who are caught in the employment-based backlogs as a result of the per-country limitation. India and China are the two countries where the per country limit within the employment-based second and third preferences have been oversubscribed. The extended H-1B visa has provided a lifeline to skilled workers who are otherwise eligible for green cards but for their priority dates not being current.

When a statutory provision bestows discretion through words such as “may grant,” such discretion cannot be exercised in an arbitrary and capricious manner. The Supreme Court’s opinion in Judulang v. Holder, 565 U. S. ____ (2011) has provided parameters under which a government agency may exercise discretion in the immigration context relating to a waiver under Section 212(c). The following interesting discussion is worth noting:
​This case requires us to decide whether the BIA’s policy for applying §212(c) in deportation cases is “arbitrary [or] capricious” under the Administrative Procedure Act (APA), 5 U. S. C. §706(2)(A).  The scope of our review under this standard is “narrow”; as we have often recog­nized, “a court is not to substitute its judgment for that of the agency.” Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co., 463 U. S. 29, 43 (1983); see Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U. S. 402, 416 (1971). Agencies, the BIA among them, have expertise and experience in administering their statutes that no court can properly ignore. But courts retain a role, and an important one, in ensuring that agencies have engaged in reasoned decision making. When reviewing an agency action, we must assess, among other matters, “‘whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.’” State Farm, 463 U. S., at 43 (quoting Bowman Transp., Inc. v. Arkansas-Best Freight System, Inc., 419 U. S. 281, 285 (1974)). That task involves examining the reasons for agency deci­sions—or, as the case may be, the absence of such reasons. See FCC v. Fox Television Stations, Inc., 556 U. S. 502, 515 (2009) (noting “the requirement that an agency pro­vide reasoned explanation for its action”).  The BIA has flunked that test here. By hinging a de­portable alien’s eligibility for discretionary relief on the chance correspondence between statutory categories—a matter irrelevant to the alien’s fitness to reside in this country—the BIA has failed to exercise its discretion in a reasoned manner.
. . . . 
The BIA may well have legitimate reasons for limiting §212(c)’s scope in deportation cases. But still, it must do so in some rational way. If the BIA proposed to narrow the class of deportable aliens eligible to seek §212(c) relief by flipping a coin—heads an alien may apply for relief, tails he may not—we would reverse the policy in an instant. That is because agency action must be based on non-arbitrary, “‘relevant factors,’” State Farm, 463 U. S., at 43 (quoting Bowman Transp., 419 U. S., at 285), which here means that the BIA’s approach must be tied, even if loosely, to the purposes of the immi­gration laws or the appropriate operation of the immigra­tion system. A method for disfavoring deportable aliens that bears no relation to these matters—that neither focuses on nor relates to an alien’s fitness to remain in the country—is arbitrary and capricious. And that is true regardless whether the BIA might have acted to limit the class of deportable aliens eligible for §212(c) relief on other, more rational bases.
The key in determining whether denying a 3-year H-1B extension is arbitrary is “whether the decision was based on a consideration of the relevant factors and whether there has been a clear error of judgment.” Is the DHS proposal to restrict 3-year H-1B extensions based on “relevant factors” or is it planning to disfavor a class of noncitizens through the mere flipping of a coin? The DHS’s proposal will likely fail under this test as 104(c)’s plain language requires the government to grant the extension so long as the prerequisites have been met. This means that so long as one who is in H-1B status is the beneficiary of an approved I-140, and the priority dates is not yet current, this person should be granted a 3-year extension.  Even justifying the “self-deportation” of hundreds of thousands to protect US workers under the BAHA Executive Order is no excuse. BAHA was not around when AC21 was enacted in 2000.  If the DHS seems to reinterpret 104(c) in light of BAHA, this decision can be challenged as it is contrary to the plain meaning of 104(c) as well as Congressional intent. The concern under INA § 212(a)(5) that US workers be protected was already met through the labor certification or by seeking an exemption of it through the national interest waiver. The imposition of BAHA should not upend the carefully crafted statutory structure enacted by Congress over the years.

Moreover, a presidential executive order cannot supersede a law previously passed by Congress. A case in point is Chamber of Commerce v. Reich,  74 F.3d 1322 (1996) which held that a 1995 executive order of President Clinton violated a provision of the National Labor Relations Act. President Clinton’s EO No. 12, 954 declared that federal agencies shall not contract with employers that permanently replace lawfully striking employees. The lower district court held that the president’s interpretation of a statute was entitled to deference under Chevron U.S.A. Inc. v. NRDC, 467 U.S. 837 (1984).  The DC Court of Appeals, however, overruled the district court, without explicitly stating whether the president’s interpretation was entitled to Chevron deference or not. Based on the holding in Chamber of Commerce v. Reich, if H-1B visa extensions are denied under President Trump’s interpretation of AC21 provisions pursuant to the BAHA Executive Order, they too ought to be challenged as being violative of the INA and it ought to be further argued that the president’s interpretation of a statutory provision, unlike a government agency, is not entitled to Chevron deference.

The title to 104(c) “One-Time Protection Under Per Country Ceiling” does not mean that it empowers the Trump administration to restrict its application to a one-time 3-year extension. The title can clarify an ambiguous statute but shouldn’t be used to contradict the text of the statute. In this case, the text of 104(c) clearly states that three year extensions can be granted indefinitely until the “alien’s application for adjustment of status has been processed and a decision made thereon.” See  Pennhurst State Sch. & Hosp. v. Halderman, 451 U.S. 1, 19 n.14 (1981) (the title of an Act cannot enlarge or confer powers); INS v. National Center for Immigrants’ Rights, 502 U.S. 183, 189-90 (1991) (the title of a statute or section can aid in resolving an ambiguity in the legislation’s text).

The Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant Workers  that took effect on January 17, 2017 further restrains the government’s ability to restrict H-1B extensions under 104(c).  Current 8 CFR § 214.2(h)(13)(iii)(E)(i), which implements 104(c),  does not appear to give broad discretion and pertains more to granting discretion with respect to the validity period, as follows:
​Validity periods. USCIS may grant validity periods for petitions approved under this paragraph in increments of up to 3 years for as long as the alien remains eligible for this exemption.
This suggests that if the priority date is likely to become current imminently, the USCIS may shorten the time period of the H-1B extension to less than 3 years. The USCIS may also shorten the validity period if it is planning to revoke an approved I-140 petition if it believes it was previously erroneously granted. These sorts of discretion would pass muster and could have been contemplated under 104(c) when Congress said that the DHS “may grant” the extension. On the other hand, a new rule that would wholesale preclude the granting of a 3-year H-1B extension would be a completely erroneous reading of 104(c) and should certainly invite a lawsuit to challenge the Trump administration’s capricious interpretation. Even an H-1B worker, rather than an employer, should be able to sue as plaintiff  following the Supreme Court’s decision in Lexmark Int’l Inc. v. Static Control Components, 134 S.Ct. 1377 (2014), which held that a plaintiff has the ability to sue when his or her claim is within the zone of interests a statute or regulation protects. See also Mantena v. Johnson, 809 F.3d 721 (2015) and Kurupati v. USCIS, 775 F.3d 1255 (2014). The proposal appears to be based on pure xenophobia by the Trump administration to curb legal immigration of legitimate skilled workers from India and China who have been waiting for years in the green card backlogs. It does not protect American workers as the labor market has already been tested. Trump’s animus towards immigrants can also be cited in a future court challenge, as was successfully done in court challenges against the travel ban where Trump’s utterances and tweets against Muslims were invoked. Trump’s animus was further evident in a recent New York Times article that described President Trump angrily disparaging bona fide Haitian visitors by assuming they all had AIDS and Nigerian visitors who would “never go back to their huts.”   President Trump’s sentiments reflect the true underpinnings behind his administration’s new immigration policy –  white nationalism, which can be used to show bad faith if the USCIS starts denying 3-year H-1B extensions.

The Trump administration will have less scope to play mischief with the ability to seek a 1-year H-1B extension under Section 106(a) and (b) of AC21.  Section 106(b) states that the Attorney General “shall” extend H-1B status in increments of 1 year provided a labor certification or I-140 was filed one year prior to the final year in H-1B status, and until the labor certification, I-140 or adjustment of status is denied.  It is not the case that 104(c) is surplusage, as contended by an activist  organization that supports backlogged H-1B visa holders, and so one who qualifies under 104(c) will also be eligible for the grant of a 1-year extension under section 106.  104(c) allows for longer extensions and removes the need to file for extensions every year, and so it is clearly providing an additional benefit. 8 CFR §§ 214.2(h)(13)(iii)(D)(2) and (10), the rules that implement 106(a) and (b), give further support to this position as they both contemplate an approved I-140 petition while an H-1B beneficiary seeks a 1-year extension beyond the sixth year.  The widely held view is that either section can be applicable when its own conditions are met.  There are some cases where only 104(c) is available (where the labor certification was filed in the sixth year or final year of H-1B status and the I-140 is approved in that year), some cases where only 106(a)-(b) is available (where the labor cert or I-140  filed one year before the 6th year is still pending or where the priority date is current), and some cases where both are available but 104(c) gives greater benefits. Even when both are available, at times, for strategic reasons, one may wish to still seek an H-1B extension for 1 year under 106(b) if the priority date will become current at the time of adjudication of the extension request.   Nothing in the text or logic of the statute indicates that 106(a)-(b) ceases to become available, when it otherwise would be, simply because 104(c) is also available.

While the need of the hour is to oppose any arbitrary changes in interpreting 104(c), the ultimate goal is to reduce the green card backlogs. AC21 is a mere band-aid that provides relief to H-1B workers in a hopelessly broken immigration system that keeps them from getting green cards for years on end. HR 392 is one vehicle through which the backlogs can get reduced through elimination of per country limits. Still, HR 392 is not the magical elixir as backlogs will likely remain, but they will be far less. In fact, all will likely face a few years of backlogs if the per country limits are eliminated. If we can also hope for the unitary counting of derivatives in addition to HR 392, that will completely drain the employment-based system of backlogs. While all this is wishful thinking under a Trump administration, it never hurts to strive for a sensible winning immigration reform for the good of the country. Until backlogs are completely eliminated, the ability of skilled workers to remain in the US and extend H-1B status should never be taken away through policies inspired by white nationalism and xenophobia under the Trump administration. This can be the only explanation for attacking immigration in a full employment economy and BAHA is only thinly veiled nativism. In conclusion, just because a statute says “may” does not mean that the Trump administration can capriciously defeat the will of Congress by denying H-1B extensions to hundreds of thousands of Indians so that they may self-deport – an action that is a no-win for the United States or the foreign national skilled worker. Fortunately, there is enough protection in the AC21 law that will make it very hard for the Trump administration to see the light of the day with such a loser immigration policy.
0 Comments

One Step Forward, Two Steps Backwards: Immigration Benefits for Same Sex and Domestic Partners in India

12/20/2013

0 Comments

 
by Cyrus D. Mehta, ABIL Lawyer
The Insightful Immigration Blog

The question of immigration benefits to same sex couples is still a far cry in India. India not only disallows same sex marriages, it also currently criminalizes relationships between same sex partners, terming them as unnatural. Section 377[i] of the Indian Penal Code (“IPC”), an archaic law, was introduced in 1861 during the British rule in India, which criminalized "carnal intercourse against the order of nature with any man, woman or animal" with a maximum sentence of life imprisonment.

The struggle to strike down Section 377 of the IPC as unconstitutional has been a long one, spearheaded by several activists from Non-Governmental Organizations (“NGOs”) fighting for the rights of the Lesbian Gay Bisexual Transgender (LGBT) community.  On July 2, 2009, a historic judgment[ii] decriminalizing homosexuality was passed by the Delhi High Court in favor of Naz Foundation, an NGO working in the fields of HIV/AIDS intervention and prevention and for the rights of the LGBT community. An appeal was filed challenging this decision in the Supreme Court of India. On December 11, 2013, the Supreme Court reversed the decision of the Delhi High Court,[iii] thereby criminalizing homosexual intercourse between consenting adults. The apex court shifted the onus onto parliament to decide whether to repeal the provision, arguing that the courts could not make such decisions under the existing laws. The apex court further observed that there was “no constitutional infirmity” in the 377 law. This judgment has sparked widespread condemnation throughout India and internationally, and has been criticized as regressive. Naz Foundation plans to file a review petition challenging the decision of the Supreme Court soon.

As Indian law does not recognize same sex marriages, there are no provisions in Indian law according immigration benefits to same sex partners. It is therefore not possible to qualify for an entry visa to accompany one’s partner who may be entering India on a long term employment visa.  At the most, the partner can come to India on tourist visa (for a maximum period of 180 days).

However, there have been isolated incidents and trends worth reporting. In November 2013, a senior IFS officer was demoted from her post in the Ministry of External Affairs (“MEA”) passport and visa division for refusing a visa to the same sex spouse of an American diplomat.[iv] She refused the visa on the ground that same sex marriages are not legal in India and the diplomat’s spouse could not therefore be granted a diplomatic visa and recognized as a “spouse” in India. A senior official in the MEA’s American division suggested that although there is no rule in India to give visa to a gay couple, the diplomat's partner could be given visa as a family member as it had been done in the past. In light of India’s opposition to the arrest of its Deputy Consul General in New York, one politician from the Bhartiya Janata Party has shrilly suggested that the same sex partners of American diplomats be prosecuted under Section 377 as a retaliatory measure. It is hoped that this inappropriate statement be viewed as an isolated one and not consistent with mainstream opinion.

As for domestic and unmarried partners, Indian law did not, till recently recognize the relationships between domestic, live-in partners. On June 17, 2013, the Madras High Court held[v] that for a valid marriage, all customary rights need not be followed and subsequently solemnized. As long as the couple is not disqualified by law from marrying each other, and a third party’s rights are not affected, the couple can be declared to be spouses by the court. This declaration would be on the basis of whether they have had a sexual relationship. The Court held that if a woman aged 18 and above, and a man aged 21 and above, have a sexual relationship, they will be treated as husband and wife, especially if the woman becomes pregnant. Even if the woman does not become pregnant, if there is “strong documentary evidence to show existence of such relationship,” they will still be termed “husband” and “wife.” However, this ruling is only applicable to the state of Tamil Nadu and cannot be enforced elsewhere in India.

In a recent judgment of November 26, 2013, the Supreme Court of India had dealt with the issue of live-in relationships but it was within the purview of the Domestic Violence Act 2005 (the “DV Act, 2005”). The Supreme Court has held[vi] that a “live-in relationship” would not amount to a “relationship in the nature of marriage” falling within the definition of “domestic relationship” under Section 2(f) of the DV Act, 2005 if the lady in such a relationship knew that the male partner was already married. All live-in relationships are not relationships in the nature of marriage, but they can still come within the ambit of the DV Act, 2005.. The judgment was delivered by a Division Bench of Justices KS Radhakrishnan and Pinaki Chandra Ghose in an appeal filed by one Indra Sarma (Appellant) against the decision of the Karnataka High Court. This ruling will only apply to domestic partners of opposite sexes and will not be applicable to same sex partners in view of the recent decision of the Supreme Court in the Suresh Kumar Koushal case[vii]

It has to be kept in mind that as these issues are very recent and path-breaking as far as Indian laws are concerned, there has been no recognition, thus far, in Indian law, of same sex partners or domestic / unmarried partners with respect to  Indian immigration. It is quite obvious that if India does not change its outlook to according benefits to same sex spouses or partners, it will be disadvantageous to the country as fewer people may wish to travel to India for tourism and business. More important, failure to recognize same-sex relationships, especially in light of a regressive penal provision in 377, is not in keeping with the principles and traditions of the world’s largest democracy country that has otherwise accommodated diverse people and beliefs through its history.

Update: In a very positive development, the Indian government filed a review petition in The Supreme Court on December 20, 2013 challenging the earlier judgment upholding Section 377 stating, "Section 377 IPC, insofar as it criminalizes consensual sexual acts in private, falls foul of the principles of equality and liberty enshrined in our Constitution."

(Guest writer Ramya Mahesh is an Associate at Little & Co., one of the oldest and most highly reputed law firms in Mumbai, India)

[i] Section 377: Whoever voluntarily has carnal intercourse against the order of nature with any man, woman or animal, shall be punished with imprisonment for life, or with imprisonment of either description for term which may extend to ten years, and shall also be liable to fine.

Explanation: Penetration is sufficient to constitute the carnal intercourse necessary to the offense described in this section.

[ii]Naz Foundation vs. Government of NCT of Delhi 2010CriLJ94.

[iii] Suresh Kumar Koushal  vs. Naz Foundation decided by the Supreme Court of India on December 11, 2013.

[iv]http://www.indianexpress.com/news/ifs-officer-denies-visa-to-spouse-of-gay-american-diplomat-moved-out/1201023/

[v]Aysha vs. Ozir Hassan 2013 (5)MLJ 31.

0 Comments

US Mission in India Expands Interview Waiver Program: Does This Bode Well for H-1B and L-1 Visa Applicants?

11/25/2012

0 Comments

 
by Cyrus D. Mehta, ABIL Lawyer
The Insightful Immigration Blog

The U.S. Mission in India has announced expansion of the Interview Waiver Program (IWP), launched in March 2012, which allows qualified individuals to apply for additional classes of visas without being interviewed in person by a U.S. consular officer. The U.S. embassy in New Delhi expects this expansion to affect thousands of visa applicants in India.

Under the current IWP, Indian visa applicants who are renewing visas that are still valid or expired within the past 48 months may submit their applications for consideration for streamlined processing, including waiver of a personal interview, within the following visa categories:
  • Business/Tourism (B-1 and/or B-2)
  • Dependent (J-2, H-4, L-2)
  • Transit (C) and/or Crew Member (D) - including C-1/D
  • Children applying before their seventh birthday traveling on any visa class
  • Applicants applying on or after their 80th birthday traveling on any visa class

Under the expanded IWP, the following Indian applicants may also be considered for streamlined processing:
  • Children applying before their 14th birthday traveling on any visa class
  • Students returning to attend the same school and same program
  • Temporary workers on H-1B visas
  • Temporary workers on individual L-1A or individual L-1B visas

The renewal application must be within the same classification as the previous visa. If the previous visa is annotated with "clearance received," however, that applicant is not eligible for a waiver of a personal interview.

Not all applications will be accepted for streamlined processing. As always, consular officers may interview any visa applicant in any category. Applicants who are renewing their visas may still need an appointment for biometrics (fingerprint and photograph) collection. All applicants must submit all required fees and the DS-160 application form.

It remains to be seen whether the expanded IWP will improve the processing of H-1B and L visa applications. For over two years, US Consulates in India have routinely held up the processing of H and L visa renewal applications. Many of these applications are re-adjudicated even after the H-1B or L visa petition has been approved by the USCIS, and that too after the petitioner overcame objections by responding in detail to a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID).  The visa applicant is often requested to provide further proof of the bona fides of the job opportunity or the petitioning company. This is done mainly for visa applicants who are employees of IT consulting companies. Even if the visa applicant is able to overcome any suspicions about the employer or the bona fides of the job opportunity at the US consulate, it could take several months before the visa is re-issued and this delay could cause extreme hardship to the applicant, including the loss of the job. As a result, many beneficiaries of H-1B and L petitions have not traveled outside the US, even for a vacation, out of an abundance of caution. First time H-1B and L visa applicants may still be subjected to a vigorous re-adjudication of their petitions, but it is hoped that the expansion of the IWP to H-1B and L applicants will eliminate further delays caused due to re-adjudications. If every H-1B or L renewal applicant is subjected to the same vigorous scrutiny as before then it would defeat the objective of the expansion of the IWP.

Still, applicants for renewals of their H-1B and L visas should not take for granted that they will be accepted for streamlined processing under the expanded IWP, especially if there have been changes to the terms of the employment. For example, if the H-1B petition was approved based on the beneficiary working at a client site in Philadelphia, and the client site has now been changed to San Francisco, the US Consulates in India do not take too kindly to this change after the approval of the petition. The US consul may want to see an amendment to the H-1B petition reflecting the new job site. Otherwise, there is a likelihood that the consul could recommend to the USCIS that the petition be revoked, leading to even further delays. Although petitioners may appropriately rely on USCIS guidance that an amended petition is not required if the job site changes, so long as a Labor Condition Application (LCA) is certified for the new site prior to the employee’s move there, US consuls in India may not honor this guidance.  It is therefore recommended that a petitioner continue to amend the H-1B petition if there is a change in the job site after the approval of the petition.

The U.S. embassy in New Delhi said that this is "one of many steps the Department of State is taking to meet increased visa demand in India." The embassy explained that in 2011, consular officers in India processed nearly 700,000 nonimmigrant visa applications, an increase of more than 11 percent over the previous year. Currently, applicants generally wait fewer than 10 days for visa interview appointments and spend less than one hour at U.S. consular facilities in India. In September 2012, the U.S. Diplomatic Mission to India implemented a new visa processing system throughout India that further standardizes procedures and simplifies fee payment and appointment scheduling through a new website at http://www.ustraveldocs.com/in. For more details about procedures for submitting a renewal application, see http://www.ustraveldocs.com/in/in-niv-visarenew.asp
0 Comments

EDGE Says Indian 2-Year Master's Degree Following 4-Year Bachelor's is not Equivalent to US Master's Degree

1/13/2012

2 Comments

 
_by Cyrus D. Mehta, ABIL Lawyer
The Insightful Immigration Blog

Determining whether a foreign degree is equivalent to a US degree is crucial for an employment-based immigrant visa petition. Within the US employment-based preference system, being classified under the Employment-based Second Preference (EB-2) puts one at a significant advantage over one who is classified under the Employment-based Third Preference (EB-3). There is no backlog in the EB-2 for most countries while the EB-3 is hopelessly backlogged, Even if the EB-2 for countries like India and China is backlogged, it is less so than the EB-3. Indeed, the EB-3 backlog for India is unimaginable and totally untenable. It is estimated that it will take 70 years for the green card for a person from India who establishes his or her priority date in 2012!

To be classified under the EB-2  pursuant to section 203(b)(2) of the Immigration and Nationality Act, the position must require an advanced degree or its equivalent, which the USCIS in 8 CFR section 204.5(k)(2) defines as a foreign equivalent 4-year bachelor’s degree plus five years of post baccalaureate experience.

In the United States, one normally obtains a master's degree after completing a 2-year program following a 4-year bachelor's degree. Thus a student has to undertake 6 years of study in order to be awarded a master's degree from an accredited US college or university.

It has generally been assumed that a foreign master's degree, obtained after 6 years of education, would generally be equivalent to a US master's degree.  EDGE (Electronic Database For Global Education), administered by the American Association of Collegiate Registrars and Admissions Officers provides information on foreign degree equivalence from educational institutions from around the world. It is treated as gospel truth by the USCIS in determining whether a foreign degree is equivalent for immigration purpose. Till recently, EDGE has correctly said that an  Indian 4-year degree, such as a Bachelor of Technology degree, followed by a 2-year master's degree, is equivalent to a US master's degree.On the other hand, a master's degree following a 2- or 3-year Indian bachelor's degree only equated to a US bachelor's degree and not a master's degree.

It has recently come to our attention, thanks to Natalie Muehlberger of Trustforte Corporation, that EDGE has recently downgraded many Indian master's degree. This is how EDGE, a paid  service, describes it now:

Credential Description
Awarded upon completion of 1.5-2 years of study beyond the three-year bachelor's degree or four year BTech or BEngr degree.

Credential Advice
The Master of Science represents attainment of a level of education comparable to a bachelor's degree in the United States.

Thus, regardless of whether the master's degree is obtained after a 3- year or a 4- year bachelor's degree program in India, EDGE is now equating both to a US bachelor's degree. This downgrade would impact those who would otherwise qualify under the EB-2 as the USCIS closely relies on EDGE. We do hope that EDGE realizes that it is wrong and reverts to its earlier assessment that a master's degree, following 6 years of education, is equivalent to a US master's degree and not a bachelor's degree. Fortunately, EDGE is still maintaining, according to Ms. Muehlberger, that  2 years of coursework in business management from the prestigious Indian Institute of Management, India, is  comparable to a master's degree in the United States. The same logic should hold true for other Indian master's degrees, especially in science, following a 4 year bachelor of technology or engineering degree. It is therefore important to constantly check the foreign national's educational credentials with EDGE before embarking on an employment-based green card sponsorship.

Since USCIS follows EDGE, the beneficiary of an I-140 petition with an Indian master's may be only able to qualify under the EB-2 if he or she can demonstrate a bachelor's degree (since this master's degree will still equate to a single source bachelor's degree) plus 5 years of progressive experience following this degree. If the beneficiary does not have the 5 years of post-baccalaureate experience, he or she will have no choice but to be classified under the EB-3, and if born in India, the green card will materialize after decades.

If EDGE does not revert to its original position, petitioners and their attorneys should still endeavor to convince the USCIS, or then litigate before the AAO and in federal court, that a 2-year Indian master's degree following a 4- year bachelor's degree ought to be comparable to a US master's degree.   In a 2009 USCIS liaison meeting, the agency indicated that it would still be receptive to arguments notwithstanding a contrary EDGE finding:

USCIS considers all sources, including EDGE and AACRAO databases, and has received many evaluations where the evaluators list membership in AACRAO in their credentials and list AACRAO publications as their reference materials. USCIS adjudicators review all evidence in the record and make determinations based on the individual facts of each case. The AAO's decisions are available to the public and provide an extensive compilation of the results of its findings as to the equivalency of particular foreign degrees.

The USCIS pursuant to its 2009 guidance ought to be receptive to arguments that an Indian master's degree following 5 years of post-secondary education is functionally equivalent to a US master's degree. Otherwise, the EDGE downgrade will strike another blow to Indians, who will then be endlessly mired in the EB-3 even though they qualify for a position that requires an advanced degree. It will also be another example of how the USCIS constantly shifts the goal posts concerning foreign equivalent degrees, adversely and unfairly impacting mostly skilled foreign nationals with Indian degrees.
2 Comments

Missive from Mumbai: Why Are U.S. Immigration Agencies Attacking India and Hurting America?

11/4/2011

0 Comments

 
by Angelo Paparelli, ABIL Immediate Past President
Nation of Immigrators

At least when it comes to India, Yogi Berra had it wrong. It's not déjà vu all over again.  Blogging this weekend from my hotel room in Mumbai, I vividly recall my first trip to India in 1993. Invited as part of an American Bar Association delegation, I spoke in New Delhi on “Nonimmigrant Visa Options for Computer Software Professionals.”

My talk took place at LEXPO ‘93, a gathering of about 800 business leaders, accountants and lawyers sponsored by the U.S. Department of Commerce and the U.S. Embassy. Audience members sat in rapt attention as tax and corporate attorneys explained the legalities of doing business in America and I outlined an array of temporary work visa categories readily available to Indians in the new field of computer software.  The World Wide Web had been conceived a scant three years earlier -- the same year Congress enacted and the first President Bush signed the Immigration Act of 1990 (IMMACT) in order to "open the 'front door' to increased legal immigration."  Given the liberalization of the closed Indian economy that began in 1991, Lexpo '93 attendees seemed giddy about the prospects for U.S.-India business collaborations and binational entrepreneurial adventures. 

In 1993, Indian managers, executives and employees with specialized knowledge could easily come to the U.S. as L-1 intracompany transferees. Likewise that year, university-educated entrepreneurs from the world's largest democracy could incorporate a U.S. entity and arrange for the startup to petition the Immigration and Naturalization Service (INS) to grant an H-1B visa petition.  Since IMMACT eliminated the previously daunting requirement of proving that L-1 and H-1B visa applicants maintained an unrelinquished permanent residence in India to which they would return, U.S. consular posts in India readily issued these two categories of visas to Indian applicants.

Although the intent-to-return-to-India requirement made the prospect of receiving a B-1 business visitor visa somewhat uncertain, business visas were still "doable" in 1993 for qualified applicants.  More difficult yet likewise quite attainable was the B-1 in lieu of H-1B (BILOH) business visitor subcategory for temporary professionals, established in a 1982 INS ruling involving an Indian citizen, one Mr. Srinivasan.

Oh how the odds of Indians receiving U.S. business-based visas have worsened in 18 years.  Last week, in Bangalore, I again addressed an audience of Indian executives and entrepreneurs who this time were far more glum than giddy. The title of my presentation ("U.S. & Global Enforcement of Immigration and Employment Laws - Best Practices for Indian Companies") and accompanying slides show that America's immigration agencies have moved from enabling enterprises to opposing entrepreneurship and empowering enforcers.  Panel after panel of speakers (all with many years of experience submitting approvable and ultimately approved cases for reputable companies) described how the visa doors have slammed almost completely shut for most Indian firms, entrepreneurs and employees who want to grow businesses or create or fill jobs in the United States:
  • They described perfunctory 90-second applicant interviews at U.S. consular posts followed by peremptory visa refusals.  (This is likely, in part, a staffing and resource issue attributable to the State Department and Congress.)
  • They asked why the standards for B-1, L-1 and H-1B visa eligibility had become so much more restrictive than in years past. 
  • They pleaded for more transparency and less subjectivity from U.S. Citizenship and Immigration Services (USCIS) and the State Department when articulating the legal and factual criteria for visa issuance. 
  • They wanted to know why U.S. consuls discounted as just so run-of-the-mill the extraordinary creativity and innovation of their IT professionals and businesses, even though the same talents are in high demand from American corporate customers. 
  • They asked why the consular attitude at the interview had changed from 1993 (old vibe: "show me why you are eligible") to 2011 (new vibe: "defend yourself against my all but certain refusal of your visa").
  • They perceived a consular strategy of denying L-1 visas (especially of the blanket variety) and pushing applicants to apply for H-1Bs even though the quota for that category will soon be depleted, leaving Indians to wonder which fortunate few can clear U.S. ports of entry in BILOH status given that U.S. Customs and Border Protection (CBP) officials often believe that the BILOH is a dead letter. (Channeling visa applicants to the H-1B and away from their preferred L-1 contravenes State’s Foreign Affairs Manual [9 FAM 41.11 N3.2, "Choice When More Than One Classification Possible"]).
  • They wondered why business and work visa refusal rates are so much higher for Indian applicants than for the Chinese, Japanese, Europeans and South Americans.
  • They asked aloud what message the U.S. government is sending to India when entry to America is so often barred.
Indian angst over discriminatory U.S. immigration policies is neither apocryphal nor paranoid. As Stuart Anderson of the National Foundation for American Policy recently reported.  Citing State Department data, his research reveals that "[t]he number of L-1 visas issued at U.S. posts in India declined by 28 percent from 2010 to 2011 while L-1s "issued in the rest of the world rose by 15 percent." I share the inference that Mr. Anderson, former INS Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner, drew from this wide divergence in L-1 approval rates:

This shows an enormous gap in visas issued as well as, it must be assumed, approval/denial rates between posts in India and the rest of the world, raising policy questions as to whether this great disparity is the result of a conscious policy at U.S. posts in India. This confirms what many observers have believed: an increase in denials over the past 12 to 18 months is making it far more difficult for employers to transfer employees based in India into the United States on L-1 visas. Employers say this is having a negative impact on growth, projects, and product development in the United States.

My colleague, Greg Siskind, recharactizes more bluntly Mr. Anderson's genteel questioning of the federal government's anti-Indian visa policy:

India has one of the hottest economies on the planet and we are slamming the door on entrepreneurs from those countries expanding operations in the US which very often result in hiring of US employees. Exactly the wrong policy for our times.

No kidding that India's economy is sizzling, as the U.S. Commerce Department reports in its 2011 Country Commercial Guide for India: India is a story of growth and opportunity. India’s sustained growth of around 8.0% in 2009-10 and growing dynamism in several of its regional markets have created wide and diverse business prospects for U.S. exporters and investors. With 2011 growth estimates hovering at around 8.6%, India remains one of the fastest growing, dynamic economies in the world. . . . U.S. multinationals are sold on India and are expanding and deepening their market penetration. . . .

Economic growth in India today is being rewritten by India’s highly entrepreneurial and rapidly globalizing private sector. Indian firms are investing in infrastructure projects, growing their advanced manufacturing capabilities, and investing in new volume-based business models that tap into rising incomes and consumption in towns and rural economies across the country. . . . Indian firms are bullish about their economy and are eager for U.S. commercial and joint venture partnerships, technologies, brands, services, and know-how. . . . In 2010, U.S. exports to India amounted to $19.2 billion.

The State Department, although in cahoots with USCIS and CBP in their sub rosa efforts to deny visas or entry to Indian entrepreneurs and employees, surprisingly agrees with Commerce's assessment, as shown in the "Read Out on Secretary of State's [July 2011] trip to India":

On . . . trade and investment, both [governments] remarked on the real dynamism now in our trade and investment partnership. It was remarked that trade has gone up by 30 percent just this year alone, and investment also is growing very rapidly. In terms of the deliverables, I think you know we announced that we’ve agreed to resume technical discussions on a bilateral investment treaty [BIT] in August. And again, I think that’s important because there’s increasing flows of investments not only by the United States into India, but also by Indian companies into the United States [bolding added].

The technical discussions on a new U.S.-India BIT, which presumably would include the standard Treaty Investor [E-2] visa provision, apparently did not commence in August.  As Secretary Clinton noted in her October 14 speech on "Economic Statecraft" to the Economic Club of New York reported:

The State Department and the U.S. Trade Representatives Office will also lead negotiations on next-generation of bilateral investment treaties, the so-called BITs that protect and encourage investment. And I am pleased to announce we will soon resume technical level discussions on a new BIT with India [bolding added].

While technical talks have yet to start, U.S. immigration impositions on Indians persist. The latest burden imposed by State on Indian companies is the closure of four U.S. consular posts (New Delhi, Hyderabad, Kolkata and Mumbai) to blanket L-1 visa applicants and the insistence that all such applicants apply only at the consulate in Chennai.  India is a large country, covering some 1.27 million sq. mi., roughly a third the size of the United States.  The costs of travel to Chennai, hotel accommodations and absence from work unnecessarily burden Indian companies and visa applicants.  The official explanation for this change is phrased in a way that would make George Orwell smirk: 

This change is in order to streamline the blanket L visa issuance process, and is part of the U.S. Government’s ongoing effort to provide efficient visa services throughout India. [Bolding in original.]

I guess it's hard to kickstart economic statecraft and negotiate a mutually beneficial BIT with India when one awkward "technical" obstacle stands in the way.  Federal immigration bureaucrats must first get rid of the Indians-unwelcome mat.

0 Comments

America's Creaking, Crotchety Immigration System -- Not Ready for the Globalized World

3/20/2011

0 Comments

 
by Angelo Paparelli, ABIL Immediate Past President
Nation of Immigrators

Few observers predicted the profundity of global political changes in the first quarter of 2011.  

The Middle East, still the source of most of the world's energy, has witnessed civilian protestors toppling despots and prompting autocrats to invite foreign-state and mercenary armies to quell peaceful demonstrations and slaughter citizens. Libya's never-predictable Muammar el-Qaddafi, having nearly routed indigenous rebels centered around Benghazi, faces a UN-authorized no-fly zone and aerial attacks mounted at the behest of the Arab League, an organization now critical of air assaults that may provoke a full-blown war.      

Japan, no longer the world's second largest economy, is shaken by a 9.0 earthquake and tsunami that caused the deaths of probably 10,000 or more citizens and devastated the northeastern countryside. The resulting radiation fallout from severely damaged nuclear plants now contaminates the food supply and threatens public health. The devastation has also rocked the nuclear energy industry and called into question whether fission power will replace fossil fuels anytime soon.

With these events capturing public attention, President Obama is in Brazil, the worlds seventh-largest economy, the global leader in sustainable bio-fuels and ninth-largest oil producer with huge off-shore reserves.  The President hopes to return home with business deals that produce American jobs and secure access to less volatile sources of energy.  Whether or not he succeeds on this trip, he could not have failed to hear the sharp criticism leveled against American policy by Brazil's President, Dilma Rousseff, who chided the U.S. for its past "empty rhetoric."  As The New York Times reported, a "deeper relationship [with Brazil]," she said, must "be a construct amongst equals."

The two presidents failed, however, to reach an agreement that would allow Brazilians to enter the U.S. as business visitors or tourists under the Visa Waiver Permanent Program. Nor did President Obama endorse Brazil's call for a permanent seat on the UN Security Council, although on his state visit to India -- according to the NYT -- he "lent support to that country’s hopes for a permanent seat."

In this world of ever-erupting turbulence, a functioning immigration system would serve to promote America's foreign policy and economic interests, while honoring its tradition as a nation hospitable to hard-working immigrants.  Beyond securing the border against terrorists, criminals and ne'er-do-wells, an efficient and effectual immigration system would encourage investment, innovation and job-creation.  It would provide orderly systems for family reunification and refuge for the persecuted.  It would also bear marks of humility and wisdom, recognizing that our diversity is our greatest strength and that our actions abroad often stoke the push factors propelling and compelling people to breach our borders.

The present immigration system in the U.S. merely pays lip service to these objectives while suffering from malign neglect and willful meanspiritedness. Despite a 1986 federal law prohibiting employers from hiring workers whom they know or should know lack the legal right to work, the agencies charged with enforcement have yet to agree on the definition of "employment." Notwithstanding a 1996 law punishing illegal overstays, these same agencies continue to split hairs over the distinction between violation of nonimmigrant "status" and "unlawful presence," have yet to publish a rule defining what it even means to "maintain [legal] status," and still assert that a foreign citizen can be work-authorized yet have no immigration status. 

Most of us in this nation of immigrators bewail the system but do little to insist on adult conversations among lawmakers that might lead to pragmatic and humane solutions. In a time of focus on deficit reduction, we want more border security but would never tolerate a tax increase to pay for it.

Yet the candle-lighters among us, who'd rather not just curse the darkness, see a few glimmers, of luminosity. 

Business leaders in Utah, Colorado, Nebraska, Florida, Kansas, Oklahoma and, yes, even Arizona, have beaten back efforts to make state immigration laws still more draconian.  A leading labor union blasts the Administration's senseless and expensive immigration enforcement policy, while the Organization of American States faults us for inhumane immigrant detention practices.  A Tea Party leader -- Dick Armey -- says that if necessary to care for his babies he would break the law, ironically, on essentially the same grounds that spur unauthorized migrants to cross the border looking for work.  Hispanic members of the GOP propose a comprehensive and largely workable 12-point plan for immigration reform. Mainstream reporters such as NBCs Tom Brokaw are beginning to focus attention on America's brain drain -- the loss of talented foreign workers who've become so fed up with the quota backlogs, visa-screening delays and hassles on reentry to the U.S. that they take the education we provided them and leave to compete with the U.S. from their native lands. A new Start-Up Visa bill has emerged (but not as user-friendly as the U.K.'s) to woo foreign investors.

Although movement on immigration reform in Utah is heartening, the country cannot have the states enacting 50 versions of foreign policy or an equal number of immigration codes.  Only the federal government is positioned to steer a unified course on immigration. We can start by asking why the prosperous and rapidly growing BRIC countries (Brazil, Russia, India and China) are shut out from the E-2 treaty-based nonimmigrant visa category.  This entrepreneurial visa allows foreign investors from select treaty countries to start U.S. businesses quickly with whatever minimum amount of capital would ordinarily be sufficient to begin operations and start hiring, rather than invest the minimum $500,000 and create the ten jobs needed for the investor green card, the EB-5, with its costly tax consequences as the added price for permanent residency.

America has waited too long to revamp its immigration laws.  The usual three pillars of comprehensive reform (border security, worksite enforcement and legalization for the unauthorized in our midst) are not enough to make America globally competitive and enticing.  How many more whirlwinds of global change must jostle and buffet us before our leaders in Washington realize that we are falling from our perch as top dog?  Economic prosperity and job creation must be our prime immigration policy, with pragmatism and humane treatment closely in tow.  The sane voices must grow louder and more insistent. Outspoken business and union leaders, and one Tea Party icon, coupled with contrary-to-type Hispanic conservatives, and constant prodding from new economic powerhouses abroad -- all are a promising start.
0 Comments
    Picture

    TO SUBSCRIBE

    Click the RSS Feed below

    RSS Feed

    ABIL

    The Alliance of Business Immigration Lawyers (ABIL) provides global reach and personal touch. We all value great legal ability and provide high standards of care and concern.

    Archives

    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    March 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011
    August 2011
    July 2011
    June 2011
    May 2011
    April 2011
    March 2011

    Categories

    All
    104(c)
    106(a)
    106(b)
    10-year Bar
    1252(a)(2)(D)
    12-Step Groups
    1967 Optional Protocol
    1 Year H-1B Extension
    2011 Immigration Awards
    2012 Elections
    2012 Immigration Awards
    2012 Immigration Year In Review
    2012 Nation Of Immigrators Awards
    2013
    2013; HB-87
    2013 In Immigration
    2014 Immigration Highlights
    2017
    204(j) Portability
    20 CFR § 656.12(b)
    20 CFR 656.17(f)
    212(a)(9)
    212(f) Of Immigration And Nationality Act
    212(i) Waiver
    212(k) Waiver
    245(i)
    274B
    287(g)
    3 And 10 Year Bars
    3 And 10 Year Bars.
    3d Printing Technology
    3 Year H-1B Extension
    458
    5 C.F.R. § 2635.402
    5th Circuit
    5 U.S.C. § 706(2)(A)
    5 U.S.C. § 706(2)(E)
    60 Day Grace Period
    79 Federal Register 79
    8 C.F.R. § 1003.10(b)
    8 USC § 1324b
    8 Usc 1621
    90 Day Misrepresentation
    9/11
    A-1 Diplomatic Visa
    AAO
    AB 103
    Ab 1159
    Ab 263
    AB 450
    ABA Model Rule 1.14
    ABA Model Rule 1.2(c)
    ABA Model Rule 1.2(d)
    ABA Model Rule 1.7(b)
    ABA Model Rule 3.3
    Abandonment
    Abolition Of 90 Day EAD Rule
    AC21
    AC 21
    Ac 21 + Status + H-1B
    Accountability
    ACLU
    Acus
    Additional Recruitment Steps
    Adjudicators
    "Adjustment Of Status"
    Adjustment Of Status
    Adjustment Of Status Portability
    Adjustment Portability
    "Administrative Appeals Office"
    Administrative Appeals Office
    Administrative Closure
    Administrative Conference Of The United States
    Administrative Fixes
    Administrative Law Judge
    Administrative Procedure Act
    Administrative Procedures Act
    Administrative Reform
    Administrative Review
    Administrative Review Board
    Admissibility
    Admissibility Review Office
    Admission
    Admissions
    Admitting To A Crime
    Adopted Decision
    Adoption
    Advance Parole
    Advertisement
    Advertisements
    Affidavit Of Support
    Affluent Foreigners
    Affordable Care Act
    Affording Congress An Opportunity To Address Family Separation
    AFL-CIO
    Agency Updates
    Aggravated Felon
    Aging Population
    AG Sessions
    Ahmed V. Gonzales
    AICTE
    Aila
    Airport Screenings
    Akayed Ullah
    Alabama Anti-Immigrant Law
    Alberto Gonzales
    ALCA
    Alejandro Mayorkas
    Alerts
    Alfredo Quinones-Hinojosa
    Alien
    Aliens
    Ali Mayorkas
    Alj
    All-India Council For Technical Education
    Ameircan Competitiveness In The 21st Century Act
    Amended H-1B Petition
    Amendment
    America
    America And Immigration
    America First
    America In Decline
    American Academy Of Religion V. Napolitano
    American Citizenship
    American Competitiveness In 21st Century Act
    American Council On International Personnel
    American Exceptionalism
    American Football
    American History
    American Immigration Lawyers Association
    American Kaleidoscope
    American Role
    Angelo A. Paparelli
    Ann Coulter
    Anonymity
    Anthony Kennedy
    Antidiscrimination
    Anti-immigrant
    Anti-immigration
    Anti-Immigration Legislation
    Anti-Immigration Movements
    Anti-Immigration Rhetoric
    Anti-Trump Protestors
    Ap
    APA
    APA Violation
    Appeals Administrative Office
    Appeasement
    Appellate Bodies
    Appellate Law
    Ap Stylebook
    Arbitrary Quotas
    Arden Leave
    Area Of Intended Employment
    Arizona
    Arizona Dream Act Coalition V. Brewer
    Arizona V. United States
    Arizona V. USA
    Aro
    Arpaio V. Obama
    Arrabally
    ART
    Artificial Reproductive Technology
    Assembly Bill 103
    Assembly Bill 263
    Assembly Bill 450
    Assisted Reproductive Technology
    Associated Press
    Asylum
    Asylum Claims
    ATLANTA
    ATLANTA IMMIGRATION LAWYER AT KUCK IMMIGRATION PARTNERS
    At Risk Investment
    Attorney Advertising
    Attorney Business Account
    Attorney Fees
    Attorney General
    Attorney General Javier Becerra
    Attorney General Jeff Sessions
    Attorney General Self-referral
    Attorney General Sessions
    Attorneys
    Attorney's Role
    Attorney Trust Account
    Attrition
    Audit
    Audits
    Auer V. Robbins
    August 18 Policy
    Australia
    Automatic Conversion Provision
    Automatic Extension EAD
    Avvo
    Avvo Legal Services
    Aziz V. Trump
    B-1
    B-1 In Lieu Of H-1B
    B-1 Visa
    B-1 Visas
    B-2
    B-2 Bridge
    Backlog
    Backlogged Countries
    Backlogs
    BAHA
    BALCA
    Bally Gaming
    Ban On Travellers
    Barack Obama
    Barring Entry To Protestors
    Bautista V. Attorney General
    Beltway Visa
    Beneficiary Pays Fees
    Benefit
    Benefits Of H-1B Visa
    Benefit The US Economy
    Best Practices
    Bilateral Investment Treaties
    Binational
    Biographies
    Biography
    Birthright Citizenship
    Blog Series
    Bloomberg
    Blueseed
    Bokhari V. Holder
    Bona Fide Marriage
    Bona Fide Termination
    Border Crossings
    Border Patrol
    Border Security
    Boston Marathon
    Boston Marathon Bombings
    Bradley
    Bradley V. Attorney General
    Brain Drain
    Brain Pickings
    Brains Act
    Brand X
    Brand X.
    Brazil
    Brazil Quality Stones Inc V. Chertoff
    Brent Renison
    Brexit
    Bridges V. Wixon
    Bridge The Gap
    British Riots
    Broader Definition Of Affiliation
    Broken Promises
    Brooklyn Law Incubator Policy Clinic
    Bseoima
    Bullying Words
    Business Necessity
    Business Visitors
    Business Visitor Visas
    Buy American Hire American
    California Attorney General Javier Becerra
    California Immigrant Worker Protection Act
    "California Immigration Law"
    California Immigration Law
    "California Immigration Laws"
    California Immigration Laws
    California’s Community Oriented Policing Services
    California Service Center
    Camo Technologies
    Canada Point Assessment
    Canadian Council For Refugees
    Cancellation Of Removal
    Candor To The Tribunal
    Candor To Tribunal
    Capitalist Ideals
    Careen Shannon
    Career Progression
    Carrp
    Case Completion Quotas
    CATA V. Solis
    Cato Institute
    Cato Institute Report
    CBP
    Ccg Metamedia
    Certification Of Questions Of State Law
    Cesar Chavez
    Chaidez V. United States
    Chaidez V. U.S.
    Chain Migration
    Chamber Of Commerce V. Whiting
    Change In Worksite
    Change Of Status
    Charles Garcia
    Charles Hossein Zenderoudi
    Charles Kuck
    Chemical Weapons
    Chennai
    Chevron
    Chevron Deference
    Child
    Children
    Child Status Protection Act
    Chile
    China
    Chinese Investors
    CHIP
    Chip Rogers
    Chobani
    Chris Crane
    Chuck Grassley
    Chuck Schumer
    Cimt
    Cir
    Cis
    Cis Ombudsman Second Annual Conference
    Citizenship
    Citizenship And Nationality
    Citizenship Application
    Citizenship Status
    Citizenship Status Discrimination
    Citizens United
    Ciudad Juarez
    Civil Disobedience
    Civil Gideon
    Civil Rights
    Civil Rights To All In New York
    Civil Surgeon
    CIWPA
    Client Site
    Client With Diminished Capacity
    Columbia
    Columbus Day
    Comment
    Common Law Definition Of Parent
    Communicable Disease
    Commuting Distance
    Companies Hosting Skilled Nonimmigrant Workers
    Compelling Circumstances EAD
    Competence
    Competitive Salary
    Comprehensive Immigratin Reform
    "comprehensive Immigration Reform"
    Comprehensive Immigration Reform
    Comprehensive Immigration Reform + Tyranny Of Priority Dates
    Computer Programmer
    Concurrent Cap Subject And Cap Exempt Employment
    Confidentiality
    Conflicts Of Interest
    Conflicts Of Law
    Congress
    Congressman Darrell Issa
    Congressman Gutierrez
    "Congress On Immigration"
    Congress On Immigration
    Conrad 30
    Conservatives; GOP
    Consolidated Appropriations Act Of 2016
    Conspiracy
    Constitutional Law
    Constitutional Requirement To Be President
    Constitution And The Presidency
    Construction Workers
    Constructive Knowledge
    Consular Absolutism
    Consular Nonreviewability
    Consular Non-reviewability Doctrine
    Consular Officer; Comprehensive Immigration Reform; Grounds Of Exclusion
    "Consular Officers"
    Consular Officers
    Consular Processing
    Consular Report Of Birth Abroad
    Consulting
    Consummation
    Continuous Residence
    Controlled Application Review And Resolution Program
    Controlled Substance
    Controlled Substances
    Corporate Counsel
    Corporations Are Not People
    Corporations Are People
    Court Ruling
    Courts On Immigration Law
    Covered Employer
    Crane V. Napolitano
    Creative Classes
    Credible Testimony
    Crime Against Humanity
    Crime Involving Moral Turpitude
    Crime Rate
    Crimes Against Humanity
    Crimes Involving Moral Turpitude
    Crime Without Punishment
    Criminal Alien
    Criminal Conduct
    Criminalize
    Criminal Liability
    Criminals
    Cross Chargeability
    CSPA
    Cuban Adjustment Act
    Culturally Unique
    Curricular Practical Training
    Customs And Border Protection
    Cutcherry
    Cut Off Dates
    Cyrus Cylinder
    Cyrus Mehta V. Tucker Carlson
    Cyrus Vance
    DACA
    DACA 2012
    DACA Driver's Licenses
    Daca Obama Deferred Action Immigration Reform9e741343b2
    Dan Kowalski
    DAPA
    Data Privacy
    David Foster Wallace
    Dead Us Citizen Petitioners
    Debate Questions
    December 2015 Visa Bulletin
    Declinist
    Deconflction
    Defense Of Marriage Act
    Deference
    Deferred Action
    Deferred Action For Childhood Arrivals
    Deferred Action For Parent Accountability Program
    Deferred Action For Parents
    Definition
    Definition Of Employment
    Delays
    Delta Information Systems V. USCIS
    Democrat
    Democratic Party
    Democrats
    "Democrats On Immigration"
    Democrats On Immigration
    Denial Of Immigration Benefit Application
    De Niz Robles V. Lynch
    "Department Of Homeland Security"
    Department Of Homeland Security
    Department Of Justice
    "Department Of Labor"
    Department Of Labor
    "Department Of State"
    Department Of State
    Depends On Experience
    Deportation
    Deportation President
    Deporter In Chief
    Deporterinchief84df2adda9
    Deporting Us Citizen Child Or Children
    Derivatives
    Detainers
    Deter
    De Tocqueville
    Dhanasar
    DHS
    Dhs New Rule On Hardship
    Dhs Office Of Inspector General
    Dhs Office Of Inspector General Report On Effects Of Adjudication Procedures And Policies On Fraud
    Dick Durbin
    Dickinson V. Zurko
    Dillingham Commission
    Diminished Capacity
    Din V. Kerry
    Director Mayorkas
    Discouraging Future Immigrant Crime Victims
    Discrepancies
    Discretion In Immigration Policy
    Discrimination
    Disney
    Disruption
    Disruption Of Continuity Of Residence
    Distinction
    Diversity Immigrants
    Diversity Visa Lottery
    DOL
    DOL Investigation
    DOL Prevailing Wage Guidance
    Doma
    Donald Trump
    Dream9
    "DREAM Act"
    Dream Act
    Dream Dream Actd977e910f6
    Dreamers
    Drivers License
    Driver's Licenses
    Drones
    Drop The Iword57cb7ffa6e
    Drug Cartels
    Drugs
    D/S
    Dsk
    Dual Citizenship
    Dual Dates
    Dual Intent Rule
    Dual Nationality
    Due Process
    Due Process Violation
    Duration Of Status
    Dusty Feet Court
    Duty Of Confidentiality
    Dv Lottery
    Dzhokhar Tsarnaev
    E-2
    EAD
    Early Adjustment Of Status Application
    Early Voting
    EB-1
    EB-2
    EB-3
    EB-3 India
    EB-3 To EB-2
    EB-5
    Eb-5
    EB-5 China Retrogression
    EB-5 Green Card
    EB-5 Independent Fiduciary
    EB-5 Insurance
    EB-5 Investor Visas
    EB-5 Letter Of Credit
    EB-5 Letters Of Credit
    EB-5 Policy Memorandum
    "EB-5 Program"
    EB-5 Program
    "EB-5 Regional Center"
    EB-5 Regional Center
    EB-5 Regional Centers
    "EB-5 Visa"
    EB-5 Visa
    EB-5 Waiting Line
    EB Backlogs
    Ebola
    Economic Policy Institute
    EDGE
    Edward Snowden
    Edwards V. California
    EEOC V. Arabian American Oil Co.
    Efstathiadis V. Holder
    Egregore
    El Badwari V. USA
    E L Doctorow35aebd6002
    Election 2012
    Elections
    Electronic I-9
    Eligible Immigration Statuses
    El Salvador
    Emma Willard School
    Employability
    Employed At Institution Of Higher Education
    Employee
    Employee Complaint
    Employee's Benefit
    Employer Business Expense
    Employer-Employee Relationship
    Employer-employee Relationship
    Employer-Employee Relationship For H-1B Visas
    Employer Sanctions
    Employment Authorization
    Employment Authorization Document
    Employment Based Document
    Employment-based Fifth Preference EB-5
    Employment-based First Preference EB-1
    Employment Based Immigration
    Employment-based Immigration
    Employment-Based Immigration
    Employment-based Preferences
    Employment-based Second Preference EB-2
    Employment-based Third Preference EB-3
    "Employment-Creation Immigrant Visas"
    Employment-Creation Immigrant Visas
    Employment Eligibility Verification
    Employment Training Administration
    Encourage Global Corporate Activities
    Enforcement
    Enforcement/USICE
    Entrepreneur
    Entrepreneurial Immigrants
    Entrepreneur Parole Rule
    Entrepreneur Pathways
    Entrepreneur Pathways Portal
    Entrepreneurs
    Entrepreneurs In Residence
    Entrepreneurs In Residence Initiative
    Entry Level Position
    Entry Level Wage
    Eoir
    Epithets
    Essential Function
    Esta
    Establishment Clause
    Esther Olavarria
    Eta
    Eta 9035
    ETA 9089
    ETA Form 9089
    Et Al. V. Her Majesty The Queen
    Ethical Considerations
    Ethics
    Ethics For Immigration Lawyers
    Everfyb99de80646
    E-Verify
    Everify Lock5c940d7f14
    E Visa
    E Visas For Entrepreneurs
    "Executive Action"
    Executive Action
    "executive Authority"
    Executive Authority
    Executive Branch
    Executive Office For Immigration Review
    "executive Order"
    Executive Order
    "Executive Orders"
    Executive Orders
    Executive Power
    Exempt Employee
    Exempt Investment Advisers
    Expanded DACA
    Expanded Definition Of Public Charge
    Expedited Removal
    Expert Immigration Attorney On The Case
    Expert Opinion
    Expert Opinions
    Experts
    Expiration
    Extended DACA
    Extension Of Status
    Extraordinary Ability
    Extraordinary Ability Aliens
    Extraordinary Achievement
    Extraterritoriality Of Immigration Law
    Extreme Hardship
    Extreme Vetting
    F
    F-1
    F-1 Visa
    Fair
    Fair Criminal Trial
    Fairness
    Fairness For High Skilled Immigrants Act
    False Stereotyping
    FAM
    Familybased Preferences9c4ff7f5f7
    Family First Preference
    Family Fourth Preference
    Family Immigration
    Family Offices
    Family Second Preference 2A And 2B
    Family Unity
    Fareed Zakaria
    Farm Workers
    Faustian Bargain
    FDNS
    Fdns Site Visit
    FDNS Site Visits
    Federal Immigration Court
    Federal Immigration Unions
    Federal Judge John A. Mendez
    Federal Judge John Mendez
    Federal Judge Mendez
    Federal Law
    Federal Preemption
    Fed. Reg. Vol. 80 No. 251
    Fee Splitting
    Fiance Visa
    Fifth Circuit
    Filibuster
    Filibuster Reform
    Filing Date
    Final Acceptance Date
    Final Action Date
    Final Guidance
    Final High Skilled Worker Rule
    Final Merits Determination
    First Amendment
    Flat Fees
    Flat Organizations
    Fleuti Doctrine
    Flores V. USCIS
    Fogo De Chao V. DHS
    Forced Migration
    Foreign Affairs Manual
    Foreign Chefs
    Foreign Cooks
    Foreign Earned Income Exclusion
    Foreign Employment Law
    Foreign Entrepreneur
    Foreign Language
    Foreign Law
    Foreign Migration Agent
    Foreign National Entrepreneurs
    Foreign Policy
    Foreign Specialty Chefs
    Foreign Specialty Cooks
    Foreign Students
    Foreign Support Personnel
    Foreign Trade
    Form 2555
    Form-i130
    Form I130862b02b70d
    Form I13169350c78aa
    Form I-485
    Form I601a86f76fbc24
    Form I-601A Waiver
    Form I765wsa6c10c7761
    Form-i800
    Form I821d14be16bf36
    Form I-864
    "Form I-9"
    Form I91b22a1589f
    Form I9242eea98cb70
    Form I942333509f53
    Form I94w5e6bfb52b7
    Form I-983
    Form I-983 Training Plan
    Form-i9-compliance
    Form I9 Employmenteligibility Verification7ddbfbc6b4
    Form-n400
    Fourth Amendment
    Fragomen On Immigration
    Fraud
    Fraud Detection And National Security
    Fraud Detection & National Security (FDNS)
    Fred 26 Imports
    Free Trade
    Function Manager
    Fusion
    Future Flows
    Future Immigration
    Future Of Preemption
    Future Position
    Fy14 H1b Visa Capcf6496c9e4
    Fy2014 H1b Filingsae2c14d3f1
    FY 2015
    FY 2018 H-1B Cap
    Gang Of 8
    Gang Of Eight
    Gang Violence
    Gender Bias
    Genocide
    Georgia
    Georgia Legislature
    Georgia Legislature Antiimmigration Legislation Everify8d746ab340
    Georgia Legislature; Immigration; Anti-Immigration Legislation; Immigration Reform
    Georgia Legistlature
    Georgia Restaurants
    Gideon V Wainwrightba979e7bac
    Giovanni Peri
    Gladysz V. Donovan
    Global Cities
    Global Detroit
    Global Entrepreneur In Residence
    Globalization
    Global Michigan
    Global Mobility
    Global Sourcing
    Global Trade
    Godot
    Golick
    Gonzales-Marquez V. Holder
    Good Faith
    Good Moral Character
    Good Old Days
    GOP
    "GOP On Immigration"
    Gop On Immigration
    Government Data Collection
    Government Employee Discipline
    Governor Brewer
    Grassley-Durbin Bill
    Greencard
    Green Card
    Green Card Lottery
    Green Cards
    Green Card Stories
    Grounds Of Inadmissibility
    Growing Up
    Guest Columns
    Guest Workers
    H-1B
    H-1b
    H-1B1 Visas
    H1b And L1 Visa Provisions984af42aac
    H-1B Auction
    H-1B Cap
    H-1B Cap Exempt Employer
    H-1B Cap Exemption
    H1b Cap H1b Visas Increased Visa Numbers1210555f7b
    H-1B Denial
    H-1B Denials
    H-1B Dependent Employer
    H-1B Entrerpreneur
    H-1B Extensions
    H-1B FY 2018 Cap
    H1b H1b Fraud Grassley Foia Training Memo Fdns Vibe Csce504cf6c27
    H-1B Lottery
    H-1B Lottery Illegal
    H-1B Portability
    H-1B Premium Processing
    H-1B Reform
    H1b Skilled Worker Dependent Employer7361d653a8
    H-1B Spouse
    H-1B Visa
    H-1B Visa Cap
    H-1B Visa Denials
    H-1B Visa Extension By Spouse
    H-1B Visa For Entrepreneurs
    "H-1B Visas"
    H-1B Visas
    H1b Visasfb0ea78c4c
    H1b Visas For Entrepreneurs And Owners3399e25691
    H-1B Wage
    H-1B Worksite
    H2b Visas79f843cb2c
    H-4
    H-4 And Work Authorization
    H56
    Hack
    Hague-adoption-convention
    Haiti
    Halt Act
    Hamilton Project
    Hana V Gonzales75adc25254
    Happy-lawyers
    Happy New Year
    Hardship Waivers
    Harry Reid
    Haruki Murakami
    Hateful Rhetoric Against Immigrants
    Hate Speech
    Hb 87
    HCL America
    Head Of State
    Healthamerica
    Helen Chavez
    Herman Cain
    Higher Wages
    High Skilled Worker Rule
    Hillary Clinton
    Hinojosa V. Horn
    Hispanic Immigrants
    Historic Exercise Of Discretion
    "homeland Security"
    Homeland Security
    Home Office
    Homosexual
    Honduras
    Hot Questions
    House Gop
    House On Immigration Reform
    Hr 3012
    Hr 3012c279c52631
    HR 4038
    Hr 4970
    Humane-treatment
    Humanitarian Parole
    Humetis
    Hurricane Sandy
    Hybrid
    I130-petition
    I130 Petition2b14f0b880
    I-140 EAD Rule
    I-140 Petition
    I-485 Supplement J
    I5268d5986011e
    I-539
    I601a46afd40326
    I601 Waiversa737e3d6da
    I-9
    I9-compliance
    I9 Compliance725c781af2
    I9 Compliance Checklist3909ef569e
    I9-errors
    I9-fines
    I9 Paperwork Violations24d1cb2cb9
    Ibrahim El- Salahi
    ICE
    ICE Arrests
    ICE Detainers
    ICE Notice Of Inspection
    ICE Notice Of Suspect Documents
    Ice Union
    Identity Theft
    IIRIRA
    Illegal
    Illegal Alien
    Illegal Aliens
    Illegal Conduct
    Illegal Immigrant
    Illegal Immigration
    Illegal Immigration; Immigration Reform; ESTA; Visas
    Illegals
    Immi Awards
    Immigrant
    Immigrant Achievement
    Immigrant Detention
    Immigrant Investor
    Immigrant Investor Program
    "Immigrant Investors"
    Immigrant Investors
    Immigrant Investor Visa
    Immigrant Rape Victims
    Immigrant Rights
    Immigrants
    Immigrant Visas
    Immigrant Worker Protection Act
    Immigration
    Immigration Abandonment
    Immigration Accountability
    Immigration Accountability Executive Actions
    Immigration Act Of 1990
    Immigration Adjudications
    Immigration Agencies
    Immigration Agency
    Immigration Agency Expertise
    Immigration-and-demography
    Immigration And Identity Theft
    Immigration And Nationality Act
    Immigration And Privacy
    Immigration And Terrorism
    Immigration And The Arts
    IMMIGRATION ATTORNEY
    Immigration Attorneys
    Immigration Auction
    Immigration Awards
    Immigration Benefits
    Immigration Bureaucracy
    Immigration Bureaucrats
    Immigration Cases
    Immigration Chain Of Command
    Immigration-compliance
    Immigration Court Backlog
    Immigration Courts
    Immigration Data Collection
    Immigration Decentralization
    Immigration Devolution
    Immigration Discretion
    Immigration Discrimination
    Immigration Enforcement
    Immigration Entrepreneurship
    Immigration Fantasies
    Immigration Forgiveness
    Immigration Forms
    Immigration Gamesmanship
    Immigration Gender Bias
    Immigration Inconsistency
    Immigration In Film
    Immigration Innovation Act Of 2015
    Immigration Inspections
    Immigration Inspectors
    Immigration Instructions
    Immigration Insubordination
    Immigration Interviews
    Immigration Intrigue
    Immigration Judges
    Immigration Judge Tabaddor
    Immigration Justice
    Immigration Justice System
    Immigration Language
    Immigration Law
    Immigration Law Absurdity
    Immigration Law Careers
    "Immigration Law Complexity"
    Immigration Law Complexity
    Immigration Law Extraterritoriality
    Immigration Law Humor
    Immigration Law Practice
    IMMIGRATION LAWYER
    Immigration Lawyer Atlanta Immigration Lawyer Immigration Reform Belief Believing704942b6fd
    Immigration Lawyers
    Immigration Legal Representation
    Immigration Legal Services
    Immigration Legal Services Delivery
    Immigration Lessons
    Immigration Memes
    Immigration Officers
    Immigration Officials
    Immigration On Tv
    Immigration Policies
    Immigration Policy
    Immigration Politics
    Immigration Portfolio Management
    Immigration Power
    Immigration Practice
    Immigration Profiling
    Immigration Protectionism
    Immigration Quotas
    "immigration Reform"
    Immigration Reform
    Immigration Reform Act Services
    Immigration Regulations
    Immigration Reporters
    Immigration Reporting
    Immigration Simplicity
    Immigration Status
    Immigration Terminology
    Immigration Themes
    Immigration Transition Team
    Immigration Transparency
    Immigration Truths
    Immigration Untruths
    Immigration Writing
    "Immigration Year In Review"
    Immigration Year In Review
    Immis
    Imperfect Immigration Past
    Impermissible Fee Splitting
    Improper Payments
    Imputed Intent
    INA 203(d)
    INA 203(h)(3)
    INA 204(j)
    INA 208(a)(2)(A)
    INA 212(f)
    INA 214(i)(1)
    INA 217(b)(12)
    INA § 240(b)(4)(B)
    INA 244(f)(4)
    INA 245(a)
    INA 245(k)
    INA 274(a)(1)(A)(iv)
    INA 274A(h)(3)
    INA § 274B
    INA 275
    INA § 301(g)
    Inadmissibility
    Ina Section 101a350fbc5520b3
    Ina Section 203d40da1fbde2
    Ina Section 204l15b30a9fb6
    INA Section 212(a)(2)(G)
    INA Section 301(g)
    INA Section 322
    Inc.
    Inclusive Speech
    INc. V. DHS
    Inc. V. USCIS
    Independent Contractor
    Independent Fiduciary
    India
    India And China
    India Inc.
    India IT
    Indian Citizens
    Indian IT Firms Or Companies
    Indian Prime Minister
    Indian Supreme Court
    Individualized Determinations
    Individual Shared Responsibility Provision
    Indonesian Christians
    Indophobia
    Ineffective-assistance-of-counsel
    Infected
    Infosys
    Infosys Immigration Settlement
    Infosys Settlement
    Infosys Visa Rules
    Inherent Skill
    Inhouse Counsel51701e4a40
    Innovation
    Insightful Immigration Blog
    Intending Immigrant
    Interior Immigration Enforcement
    International Criminal Court
    International Entrepreneur Parole
    International Entrepreneurs
    International Union Of Bricklayers And Allied Craftsmen V. Meese
    Internet Marriages
    Internment
    Interview
    Intracompany Transferee Visas
    Investigations
    Investment
    Investors
    Investor Visa
    Iran
    Iraq
    Iraqis
    Irca
    IRS
    Irs Form 2555
    Irs Publication 519
    I-Squared Act
    Italian Immigrants
    IT Consulting
    It Consulting Companies
    IWPA
    J1 Waiver3fd1477d5d
    J1 Waivers6f3dd388e8
    Jaen V. Sessions
    James McHenry
    Jan Brewer
    J And M Nonimmigrants
    Janet Napolitano
    Japanese American Internment
    Jared Kushner
    Javier Becerra
    Jeff Sessions
    Job Advertisements
    Job Creation
    Job Flexibility
    Job Portability
    Job Shops
    Joe Arpaio
    John A. Mendez
    John Doe Et Al. V. Canada
    John Mccain
    John Roberts
    Johnson V. United States
    John Yoo
    Joint-representation
    Jordan V. DeGeorge
    Jose Ines Garcia Zarate
    Josh Mckoon
    Journalism And Immigration
    Judge Hanen
    Judicial Deference
    Judicial Review
    Julia Preston
    July 1
    July 2007 Visa Bulletin
    Jus Soli
    Justice
    Justice Brandeis
    Justice Department
    Justice For Immigrants
    Justice Sotomayor Dissenting Opinion
    K-1 Visa
    K3 Visa37acf4a9cf
    Kansas
    Kate Steinle
    Kauffman Foundation
    Kazarian
    Kazarian V. USCIS
    Kellogg Language
    Kellogg Magic Language
    Kenneth Palinkas
    Kerry V. Din
    Khaled V Holder982a962865
    King V. Burwell
    Kleindienst V. Mandel
    Known Or Suspected Terrorist
    Know Nothing
    Kobach
    Korematsu V. United States
    Kovacs-v-united-states
    Kris Kobach
    Kris Koback
    Kst
    Kurupati V. USCIS
    L-1
    L-1A
    L-1A Visa
    L1a Visas537fc94d3f
    L-1B
    "L-1B Visa"
    L-1B Visa
    L1b Visaffc1d0a913
    "L-1B Visas"
    L1b Visas705e041a79
    L-1 Visa
    L1 Visa8e59dfe5b4
    L-1 Visa For Entrepreneurs
    L1-visa-intracompany-transferee-visa-intracompany-transfer-l1a
    L1 Visas291f967a4b
    Laboratories Of Democracy
    Labor Certification
    Labor Certification And Balca
    Labor Condition Application
    Labor Condition Applications
    "Labor Department"
    Labor Department
    Labor Market Testing
    Labor Shortages
    Labor Unions
    Lack Of Experience
    Lamar Smith
    Lameduck Congress2bd365b0dc
    Laos
    Lateef V Holder04525394c8
    Latino
    Law
    Lawfully Present
    Lawful Permanent Resident
    Lawful Permanent Resident Status
    Lawful Rejection
    Lawrence Fuchs
    Lawrence H Fuchs8538bb8495
    Lawsuit Against Daca
    Lawsuit Against Immigration Executive Actions
    Lawyers
    Lawyers Arguing
    Lawyers Debating
    Lawyer-suicide
    Layoffs
    LCA
    LCA Audit
    LCA/Labor Condition Application
    Leave Of Absence
    Ledbetter V. Goodyear Tire
    Legal Analysis
    Legal Ethics
    Legal Immigration
    Legalization
    Legal Limbo
    Legalnet
    Legal-status
    Legislative Updates
    Leon Rodriguez
    Less Flexibility
    Level 1 Or Entry Level Wage
    Level 1 Wage
    Level 1 Wages
    Lexmark Int’l Inc. V. Static Control Components Inc.
    Lexmark Int’l V. Static Control Components
    Lgbt
    Liberty
    Libya
    License
    Limited Representation
    Lindsey Graham
    List All Requirements
    Litigation
    Li V Renaudd8a40b72af
    Loan Model
    Loretta Lynch
    Loss Of Revenue
    Low Income Non-citizens
    Low Priority And Discretion
    Low Priority For Removal
    Lpr
    Lugo V. Holder
    Luis Gutierrez
    Lujan V. Defenders Of Wildlife
    Luna Torres V. Holder
    L Visa
    M274f95947aeb8
    Mad Men
    Maintenance Of Status
    Managerial Capacity
    Managerial Duties
    Mandamus Actions
    Mantena V. Johnson
    March 4
    Marco Rubio
    Maria Popova
    Marijuana Activities
    Mario Diazbalarta47ad78f9c
    Mario Rubio
    Marketbased Immigration Reformsac2c6c563f
    Marketing Fee
    Martinez-de Ryan V. Sessions
    Mary Yahya
    Massachusetts
    Master
    Matter New York State Department Of Transportation
    Matter Of AB
    Matter Of A-B
    Matter Of Acosta
    Matter Of Alyazji
    Matter Of ARCG
    Matter Of Arrabally And Yerrabelly
    Matter Of Avetisyan
    Matter Of B-C- Inc.
    Matter Of Cantu
    Matter Of Castro-Tum
    Matter Of Cognizant Technology Solutions
    Matter Of Credit Suisse Securities
    Matter Of Douglas
    Matter Of Ecosecurities
    Matter Of Emma Willard School
    Matter Of E.W. Rodriguez
    Matter Of Fpr515c6b2578
    Matter Of G- Inc.
    Matter Of G-J-S-USA Inc.
    Matter Of Hashmi
    Matter Of Hira
    Matter Of Horizon Computer Services
    Matter Of Izummi
    Matter Of J-R-R-A-
    Matter Of Karl Storz Endoscopyamerica6e946ac639
    Matter Of Koljenovic
    Matter Of L-A-B-R-
    Matter Of Lovo
    Matter Of M-A-M-
    Matter Of Marcal Neto
    Matter Of MEVG
    Matter Of Mississippi Phosphate
    Matter Of O. Vasquez
    Matter Of O Vazquez0fffb5957e
    Matter Of Rajah
    Matter Of Siemens Water Technologies Corp
    Matter Of Silva-Trevino
    Matter Of Simeio Solutions
    Matter Of Simelo Solutions
    Matter Of Skirball
    Matter Of Skirball Cultural Center
    Matter Of Symantec Corporation
    Matter Of The Clariden School
    Matter Of V-S-G- Inc.
    Matter Of WGR
    Matter Of Z-A-
    Matter Of Zamora
    Matter Of Zeleniak
    Matt Ramsey
    Mccain
    Medicaid
    Mehta Declaration
    Mehta V. DOL
    Meissner Memo
    Melania Trump
    Melissa Harrisperrye735025247
    Meme
    Memorandum Of Understanding
    Mental Competency
    Meritorious Claims
    Meritsbased Systemdcb9af44f1
    Mexico
    Michelle Malkin
    Michigan
    Micron Technologies
    Middle Vendor Arrangements And H-1B Visa
    Migrant Manifesto
    Military Families
    Military Service
    Minimum Requirements
    Misclassification
    Misinform
    Misprision-of-felony
    Miss Minnesota
    Mistakes By DSO
    Mitch Mcconnell
    Mitt Romney
    Modular Container Systems
    Moin V Ashcroft3374c3ffaa
    MOMA
    Moncrieffe V Holder2a74c71b8b
    Montana Campaign Finance Law
    #MoreThanALabel
    Morton June 17 Memo
    Morton Memo
    Morton Memo On Discretion
    Motion For Continuance
    Motion For Reconsideration
    Motions For Continuance
    Mou
    Msnbc
    Museum Of Modern Art
    Muslim Ban
    Muslim Travel Ban
    NAFTA
    Narendra Modi
    Narratives
    National Citizenship And Immigration Services Council
    National Day Of Action
    National Id Card
    National Immigration And Customs Enforcement Council
    National Interest Waiver
    National Interest Waivers For Entrepreneurs
    National Interest Wavier
    National Origin
    National Security
    National Security Concern
    Nation Of Immigrators Awards
    Nativism
    Nativist
    Naturalization
    Negotiable
    Neufeld Memo
    New I9268baceca5
    New International Legal Norm
    New Office L19f5f4f35f9
    New Rule Of Professional Conduct 7.2(b)
    Newspaper Of General Circulation
    News & Politics
    New State Ice Co V. Liebmann
    New Travel Ban Executive Order
    New York Constitutional Convention
    New York Daily News Op Ed
    New York State Bar Ethics Opinion 1116
    New York State Bar Opinion 1132
    New York Times
    Next Generation Tech Inc. V. Johnson
    Nexus Requirement
    Nfl
    Nguyen V. Holder
    Nicaragua
    Nicholas Colucci
    Ninth Circuit
    NIV
    NIW
    NOI
    NOIR
    Non-citizens
    Non-compete
    Non-existent USCIS Entrepreneurs Pathway Portal
    Nonfrivolous Application
    Nonimmigrant
    Nonimmigrant Visas
    Nonimmigrant Visa Status
    Non-justiciable
    Nonknown Or Suspected Terroristd52dcd7966
    Nonkst248c8faee5
    Nonprofit Affiliated Or Related To University
    Nonprofits And H-1B Cap
    Non-refoulement
    Non-work Activities
    Nostalgia
    Not Counting Derivative Family Members
    Not Counting Family Members
    Notice Of Intent To Revoke
    Notice Of Suspect Documents
    Notice To Appear
    November 2014 Midterm Elections
    NSD
    NSEERS
    NTA Policy
    Numbersusa
    NYSDOT
    O-1
    O-1 Visa
    Oath Of Allegiance
    Obama
    "Obama Administration"
    Obama Administration
    Obama Amensty Immigration Deferred Action81e6468f69
    Obama August 18 Announcement
    Obamacare
    Occupational Outlook Handbook
    Occupy Wall Street
    Ocrcl
    October 2012 Visa Bulletin
    October 2015 Visa Bulletin
    Offered Wage
    Office Of Civil Rights And Civil Liberties
    Office Of Foreign Labor Certification
    Office Of Inspector General
    Office Of Special Counsel
    Office Of Special Counsel For Unfair Immigration-Related Employment Practices
    Oig Report
    Olivia Sanson
    Omission
    One Labor Certification
    Opposition To Corruption
    OPT
    Optional Practical Training
    OPT Optional Practical Training
    Opt Out
    Opt Practical Training
    Osama Bin Laden
    Osc
    Oscar De La Hoya
    Osorio V Mayorkas806a9e9fb4
    Outrage
    Outsourcing
    Overqualification
    Overt Act
    O Visas
    O Visas For Entrepreneurs
    Ownership And Control
    P3 Visa72357cd170
    Padilla V Kentucky200410eaa5
    Paperwork Reduction Act
    Parole
    Parole For International Entrepreneurs
    Parole In Place
    Paroleinplace3a3ddef22b
    Particular Social Group
    Parviz Tanavoli
    Pat Buchanan
    Path To Citizenship
    Paul Ryan
    Peggy Noonan
    Penalties
    PERM
    Permanent Residency Options
    Perm-audit-triggers
    Perm-faqs-round-10
    PERM Labor Certification
    Person Of Extraordinary Ability
    Persons Of Extraordinary Ability
    Phantom Visa Status
    Physical Presence In A Foreign Country
    Piepowder Court
    Piers Morgan
    Pinochet
    Plain Language
    Plain Language Of Regulation Regarding Compelling Circumstances
    Plenary Power
    Plyler V. Doe
    Points System
    Policy
    Political Correctness
    Political Opinion
    Pope Francis
    Port
    Portability
    Portfolio Management
    Porting
    Porting Off Unadjudicated I-140
    Post Graduate Diploma
    Potential Court Challenge To Unlawful Presence Memo
    Potted Plants
    Preemption
    Premium Processing
    Premption
    Preponderance Of The Evidence
    Preponderence Of Evidence Standard
    President
    Presidential Debates
    Presidential Elections
    Presidentil Proclomoation 9645
    President Obama
    President Obama Executive Actions
    President Trump
    President Tump
    Presumption Of Fraud Or Misrepresentation
    Prevailing Wage Determination
    Prevailing Wage Determination Validity Period
    Primary And Alternate Requirements
    Printz V. United States
    Priority Date
    Priority Date Retrogression
    Priority Dates
    Private Employment Firms
    Pro Bono
    Pro-bono-legal-services
    Processing Times
    Procurement
    Prodsecutorial Discretion
    Prodsecutorial Discretion Morton Memo James Madison6c95a0548c
    Professional-responsibility
    Proper Signature
    Proposed Rule
    Prosecution For Illegal Entry
    Prosecutorial Discretion
    Protect And Grow American Jobs Act
    Protectionism
    Protests
    Provisional Waiver
    Provisional Waiver Of 3 And 10 Year Bars
    Proxy Marriage
    Public Charge
    Public Health Significance
    Public Service
    Puleo Memorandum
    Puppets
    P Visas
    Qiaowai
    Qualified Candidates
    Qualified Worker
    Quota
    Racial Profiling
    Racism
    Ragbir V. Homan
    Ragbir V. Sessions
    RAISE Act
    Ramirez V. Brown
    Ramirez V. Reich
    Rand Paul
    Range Of Experience
    Raud Detection And National Security
    Raul Hinjosaojedab7c338ba6c
    Ravi Ragbir
    Real Id Act
    Record Deportations
    Recruitment
    Recruitment Report
    Recusal
    Redcarpet Immigrationecf057f251
    Reentry Permit
    Reflecting On September 11
    Refoulement
    Refugee
    Refugee Convention
    Refugees
    Regional Center
    Regional-centers
    Regulations
    Regulatory Flexibility Act
    Regulatory Reform
    Reinterpretation
    Reinterpretation Of INA
    Religion
    Religious Freedom
    Religious Freedom Ground Of Inadmissibility
    Religious Workers
    Relinquish Us Citizenship25cc75ef5e
    Removal Orders And Work Authorization
    Removal Proceeding
    Removal Proceedings
    Render Unto Caesar
    Republican
    Republican Party
    Republicans
    Republicans On Immigration
    Requests For Additional Evidence
    Requests For Evidence
    Required Wage
    Rescission Of Deference Policy
    Residential Fiance Corp V. USCIS
    Resident Vs. Non-Resident Alien
    Restaurant Immigration
    Restrictive Covenant
    Resume Review
    Retention Of Priority Date
    Retroactive Application Of Agency Decision
    Retrogression
    Return Transportation Cost Or Payment
    Retweets
    Reverse Migration
    Revocation
    Revocation Of I130 Petition29e2465d50
    Reza Derakshani
    Rfe
    Rfes
    Rights Of Defendants
    Right To Counsel In Removal Proceedings
    Right To Protect
    Risking Lives
    Rnc Immigration Resolution
    Robert Bosch
    Robert Delahunty
    Robert Zimmerman
    Rod Serling
    Role Of Lawyers
    Romney
    Rosenberg V. Fleuti
    Roving Employee
    Roxana Bacon
    Ruben Navarette
    Rule 1648282cc144
    Rule 3369c1f5dca4
    Rulemaking
    Rule Of Law
    Rules
    Ruqiang Yu V Holder112d7eccb6
    Rusk V. Cort
    Russia
    Rust Belt
    Rust Belt Economies
    S 744388557e228
    Safe Third Country Agreement
    Salary
    Salas-v-sierra-chemical-co
    Same-or-similar
    Same Sex
    Same Sex Marriage
    Samesex Marriagea1a4c1687a
    Same Sex Relationships
    San-berardino-attacks
    Sanctuary
    Sanctuary Cities
    Sanders
    San Francisco
    San Francisco V. Trump
    Saturday Night Live
    Sayfullo Saipov
    Sb 1070
    Sb 170
    Sb 458
    SB 54
    Sb6
    SB 785
    Scales V. INS
    Scialabba-v-cuellar-de-osorio
    Scope Of Representation
    Scotus
    Second Amendment
    Second Circuit
    Second Class Citizenship
    Section-245i
    Section 377 Indian Penal Code
    Section-911
    Section-k
    Security Council
    Self Employment
    Self Referral
    Sen Al Franken8d17f34572
    Senate Bill 54
    Senate-homeland-security-and-governmental-affairs-committee
    Senate Immigration Reform Proposal
    Senate Judiciary Committee
    Senator Grassley
    Senator Hatch Legal Immigration Reform07d2d1ba79
    Senator Mccain
    Senator Rubio
    Senator Schumer
    Sen-coburn
    Sen Cornynb4913b20f7
    Sen Mccain70a20820e6
    Sen Reidd251095d63
    Sen Schumered4af5bde9
    Sen-tom-coburn
    Separating Children From Parents
    Separation Of Children
    Separation Of Powers
    September 11
    Sergio Garcia
    Sessions V. Dimaya
    Settlement Agreement
    SEVP
    Shabaj V Holdercba68a701d
    Shameful Adults
    Shortage Occupations
    Short-term Placement
    Show Me Your Papers
    Shyima Hall
    Siblings
    Simeio
    Simon Winchestor
    Singapore
    Singh V Reno628d251f29
    Site Visit
    Skidmore Deference
    Skilled Immigrants
    Skilled Legal Immigrants
    Skilled Workers
    Skype
    Slavery
    Smartzip
    Soccer
    Social Distinction
    Social Media
    Social Security Administration Ssa No Match Letterf1d55fcc30
    Sole-representation
    Solis-Espinoza V. Gonzales
    Somalia
    Sophie Cruz
    Sought To Acquire
    Sought To Acquire Lawful Permanent Residency
    Southern Border Enforcement
    Special Counsel
    Special Enrollment Period
    Special Immigrants
    "Specialized Knowledge"
    Specialized Knowledge
    Specialty Occupation
    Specialty Occupations
    Spouse Of H1b153354d1c2
    Staffing Companies
    Stakeholders
    Stalin
    Standard Occupational Classification
    Standing
    Startup
    Startup Visa
    Startup Visa31494d637e
    State Bar Of California
    "State Department"
    State Department
    State Department Advisory Opinion
    State Department Visa Bulletin
    State Enforcement Of Immigration Laws
    State Immigration Law
    State Immigration Laws
    State Law
    State Legislation
    State Rights V. Federal Preemption
    States
    States Refusal
    States Rights
    Status
    Status Violations
    STEM
    STEM 24-month OPT Extension
    Stem Green Card
    Stem Immigration
    Stem Jobs Act
    STEM OPT
    STEM OPT Employer Attestations
    STEM OPT Extension
    Step By Step Day Care LLC
    Stephen Miller
    Steve King
    St. Louis Ship
    Stories
    Storytelling
    Strauss Kahn
    Strausskahn00f7a82137
    Strausskahn0c784e0777
    Strickland-test
    Students And Scholars
    Stylebook
    Subcommittee On Immigration Policy And Enforcement
    Subhan V. Ashcroft
    Substantial Presence Test
    Success Stories
    Sudan
    Summary Removal
    Sunday Ads
    Super Fee
    Supervised Recruitment
    Supporting US High Skilled Business And Workers
    Supremacy Clause
    Supreme Court
    Supreme Court Of The United States
    Suresh Kumar Koushal V Naz Foundation0c35ab381e
    Surrogate Arrangements
    Surviving Spouse Immigration Benefits
    Suspension Of Premium Processing
    Suspension Of Prevailing Wage Determination
    Swde
    Syria
    Syrian Refugees
    Tabaddor V. Holder
    Take Care Clause
    Tamerlan Tsarnaev
    Tani Cantil-Sakauye
    Tapis International V. INS
    Taxes
    Tax Return
    Tax Treaty
    Teaching
    Techorbits
    Ted Cruz
    Ted Cruzs Canadian Citizenship97b85977cd
    Ted J Chiapparid1be1c2015
    Tek Services
    Telecommuting
    Temporary Labor Certification
    Temporary Nonimmigrant Waiver
    Temporary Protected Status
    Temporary Waiver
    Tenrec
    Tenrec Inc. V. USCIS
    Tenyear Bare5cfe49a0e
    Terminatiion
    Termination Of TPS
    Terrorism
    Tesla Motors
    Texas Anti-Sanctuary Law SB 4
    Texas V. United States
    Texas V. USA
    Thanksgiving Turkey
    That Was The Week That Was
    The Iword925fa53b25
    The Philippines
    The Snake
    The Tyranny Of Priority Dates
    Third Circuit
    Third Party
    Third-Party Arrangements
    Third Party Client
    Third Party Client Site
    Thomas Jefferson
    Threeyear Barca4ce1adbf
    Three Year Indian Degree
    Three Year Old
    Thrust Upon Conflicts
    Time
    Tina Turner
    TN Visas
    Tolling
    Tom Lehrer
    Top 10 Most Viewed Posts
    Torture
    Totality Of Circumstances Test
    TPP
    TPS
    Trade In Services
    Trade Policy
    Trade With India
    Trafficking
    Trafficking; VAWA
    Trafficking Victims Protection Reauthorization Act
    Training Plan
    Training Plans
    Transparency
    Travel
    Travel Authorization
    Travel Ban
    Travel Ban Executive Order
    Travel Ban Waivers
    Trayvon Martin
    Tribunal
    Truax V. Raich
    Trump
    Trump Immigration Policies
    Trump V. Hawaii
    Tseung Chu V. Cornell
    Turner V Rogerse0e2213e28
    TVRPA
    Tweets
    Twitter
    Two Priority Dates
    Tyranny Of Priority Dates
    "U"
    Unaccompanied Children
    Unaccompanied Minor
    Unaccompanied Minors
    Unauthorized Employment
    Unauthorized Immigrants
    Uncategorized
    Uncommon H-1B Occupations
    Unconstitutional
    Undamental Fairness
    Undocumented
    Undocumented Immigrant
    Undocumented Immigrants
    Undocumented Lawyer
    Undocumented Student
    Undocumented Workers
    Unhappy-lawyers
    United States Citizenship And Immigration Services
    United States Trade
    United States V. Bean
    United States V. Texas
    United States V Windsord2b852bf02
    United States V. Wong Kim Ark
    University Of Miami Law School
    Unlawfully Present
    Unlawful Presence
    U Nonimmigrant Visa
    Unsuccessful Prosecution
    USA V. California
    USA V. Olivar
    USA V. Texas
    US-Canada Border
    Us Chamber Of Commercea7b71cf5ba
    USCIS
    USCIS California Service Center
    USCIS Deference Policy
    USCIS Director
    USCIS Director Francis Cissna
    Uscis Economists
    USCIS Guidance
    Uscis Immigration Attorney Attorney At Immigration Interview Frauda4f5dad76b
    USCIS Listening Session
    "USCIS Ombudsman"
    Uscis Ombudsman
    "USCIS Policy Memorandum"
    Uscis Policy Memorandum
    U.S. Citizen Parent
    U.S. Citizenship
    Us Constitution
    Us Consulate
    Us Consulate081a8a95d6
    Us Consulates64f4af575b
    Us Customs And Border Protectione83df9ce06
    U S Immigration And Customs Enforcementca915606c7
    U.S. Immigration & Customs Enforcement
    Us Immigration Policy18cc81545d
    Us Tax Guide For Aliens
    Us V Arizonaa89601cba1
    U.S. V. California
    US Worker
    US Workers
    Us Workersbab035371d
    Utah
    U Visa
    U Visa Category
    U Visa Eligibility
    U Visa Status
    "U" Visa; U Visa
    Vartelas V Holdera1ea23ce84
    Vawa
    Velasquez-Garcia V.Holder
    Velasquez-Garcia V. Holder
    Vendor Management
    Vendor Relations
    Vera
    Vera V Attorney Generalaf3a90412f
    Vermont Service Center
    Viability
    Viability Of Fleuti
    Victims Of Abuse
    Victims Of Crime
    Victims Of Domestic Abuse Or Sex Crimes
    Victims Of Domestic Violence
    Villas At Parkside Partners V. Farmers Branch
    Vinayagam V. Cronous Solutions
    Violation Of Status
    Violence Against Women Act
    Vip Immigration
    Visa Application
    Visa Availability
    Visa Ban
    Visa Bulletin
    Visa Denials
    Visagate2015
    Visa Modernization
    Visa Revocation
    Visas
    Visa Voidance
    Visa Voidance 3year Bara99b8dc197
    Visa Waiver Admission
    Visa Waiver Program
    Vivek Wadhwa
    Vladimir Putin
    Void For Vagueness
    Voting
    Vwp
    Waiting In The Immigration Line
    Waiting Line
    Waiting List
    Waiver
    Waiver Of 10 Year Bar
    Waiver Of Inadmissibility
    Waivers
    Wall
    Washington Alliance Of Technology Workers
    Washington Alliance Of Technology Workers V. DHS
    Washington V. Trump
    WashTec
    Wealthy Travelers
    White House
    Work Authorization
    Work Permits
    Worksite
    Workspace
    Work Visas
    Worst Of The Worst
    Xenophobia
    Yemen
    Yerrabelly
    Youngstown Sheet & Tube Co. V. Sawyer
    Youseff V Renaud
    Youth
    Zombie Precedents
    Zone Of Interest
    Zone Of Interests

Powered by Create your own unique website with customizable templates.
Photo used under Creative Commons from Mrs Logic