When Immigration Matters

On February 2015, DHS published a final rule providing employment authorization to spouses of certain H-1B nonimmigrants who are seeking employment-based lawful permanent resident (LPR) status. 

Can you believe that H-1B Season is upon us!   Each year, I say it seems like yesterday we filed last year’s H-1B Cap Cases. This year is particularly true as we are still responding to Requests for Evidence and waiting for decisions on April 2018 H-1B Cap Cases. USCIS issued the most requests for evidence and denials it has ever issued on H-1B Cap cases. In fact, USCIS has stated that it issued requests for evidence in 70 percent of the H-1B Cap cases filed. So, what have we learned?

The United States government was built on a philosophy of checks and balances. Our founding fathers created three branches of government so that no one branch could grow too powerful. The Judicial branch (the Court) was created to interpret laws. The legislative branch (Congress) was created to make the laws. The executive branch (President) was created to implement the laws. However, in recent years, the US Citizenship and Immigration Services (USCIS), a part of the executive branch, has essentially usurped Congress’ power by taking an unacceptably excessive amount of time processing the applications of immigrants seeking legal status and benefits.

Many people will remember 2018 as one of the most restrictive years for immigration to the United States. As explained by Frank Sharry, head of pro-immigrant group America’s Voice, “This is our generation’s sort of existential moment… Are we going to continue to be a nation that practices ‘e pluribus unum’and welcomes people from around the world to make this country better?  Or are were going to continue to shut the door?”  Throughout the past year, the answer seems to be the latter.

President Trump’s refusal to sign a bill to keep the government running that does not include border wall funding has caused a government shutdown.   Since midnight December 21, 2018, approximately 25 percent of government functions have shut down.

The winner of Pollak's 2018 scholarship was Susan Jablonski,
she wrote a compelling essay on what options an international students has to remain in the U.S. after graduation. We were so impressed with her essay that we would like to share it with our readers.

Trump’s proposed changes to business visas may have significant negative implications for businesses trying to employ skilled immigrants.  The H-1B visa in the United States is a visa which allows U.S. employers to employ foreign workers in specialty occupations.  The regulations define a “specialty occupation” as requiring theoretical and practical knowledge in a field of human endeavor including, but not limited to: biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, journalism, medicine and health, economics, education, research, law, accounting, business specialties, technical writing, theology and the arts, and requiring the attainment of at least a bachelor’s degree or its equivalent, and state licensure, if required to practice in that field.

On June 20, 2018, President Trump issued an executive order which, on its face, appeared to reunite immigrant children with their parents from whom they had been separated at the border.  In reality, the order created additional chaos and revealed the incompetence, disarray and lack of leadership of the current administration. The government was unable to meet the court-imposed July deadlines for reunification, and the court then granted an extension.  The Trump administration vowed to take all necessary efforts to reunify the families and indicated that it was fully committed to the process.  Two months have passed since Trump issued his executive order. The question remains, “How far have we come in reunifying those families?”