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  • Articles RSS Feed

    Published on 06-06-2013 02:27 PM

    Bloggings on Immigration Law

    by Roger Algase

    Bloggings: Will BIg Shouts and Bad Solutions for Border Security Hand Immigration Opponents a Big Success? By Roger Algase

    When the bipartisan Senate Gang of Eight began the difficult task of negotiating Comprehensive Immigration Reform. it was assumed that this would be done in a genuine spirit of compromise, Everyone expected that there would be a good faith attempt to balance the Democrats' goal of relief from deportation and eventual US citizenship for millions of unauthorised immigrants with the Republicans' objective of securing the Mexican border and bolstering internal immigration enforcement.

    To their credit, the GOE members worked long and hard to achieve a compromise which, while no one would call it perfect, at least arrived at arguably reasonable solutions on a great variety of issues. The same spirit prevailed during the markup in the Senate Judiciary Committee.

    In the process, many deserving people were thrown under the bus, if not a whole fleet of buses - same sex couples, diversity immigrants from Africa and other low immigration parts of the world, unauthorized immigrants who had arrived after a cutoff date, and siblings of US citizens included.

    But the American way of compromise and good will was obviously more than the traditional opponents of immigration reform, enraged at the prospect that millions of Latino and other non-white immigrants might not only be allowed to stay in the US legally, but might, horribile dictu, one day actually become US citizens and be allowed to vote, could tolerate.*

    The Roman poet Ovid wrote in his great poem, Metamorphoses:*

    In nova fert animus mutatas dicere formas corpora ("I will tell about changed forms in new bodies.")

    2,000 years later, Congressional anti-immigrant Republicans, egged on by powerful anti-immigrant groups such as FAIR (the so-called "Federation for Immigration Reform") are transforming the issue of Border Security from its original form as a legitimate issue for discussion and compromise into its "new body" as a ...

    Published on 06-06-2013 02:06 PM

    Bloggings on Political Asylum

    by Jason Dzubow

    Yours Truly on NPR

    As the new Immigration Bill heads from the committee to the full Senate, NPR turned for comment to a brilliant and seasoned asylum lawyer. Unfortunately, he wasn’t available, so they called me.

    NPR listeners hear me explain the finer points of asylum law.

    NPR listeners hear me explain the finer points of asylum law.

    Yes, your humble blogger debuted earlier this week on the NPR show Talk of the Nation. This was my first ever appearance on radio (though sometime in the mid-1980s, I did appear on a local TV talk show as an example of a kid who did not kill himself as a result of ****eons & Dragons).

    While I am used to talking to judges, appearing on radio before a live audience is quite terrifying. I assumed that I would fall ...

    Published on 06-06-2013 02:04 PM

    Bloggings on Nurse and Allied Health Immigration

    Chris Musillo


    by*Chris Musillo

    The Foreign Credentialing Commission on Physical Therapy is tasked with reviewing the credibility of foreign educated Physical Therapist's transcripts. *A*recent News Item*on their webpage says that they will require additional documentation before they will approve any transcript from Indira Gandhi National Open University.*span>

    FCCPT has apparently had a recent submission of fraudulent documents claiming schoolwork from this University. *It is unclear if this was an isolated incident or a repeated problem. *Graduates of Indira Gandhi National Open University should expect a delay in the processing of their FCCPT applications.

    Read the Musillo Unkenholt Healthcare and Immigration Law Blog at*www.musillo.com*or*

    Published on 06-06-2013 01:58 PM

    Blogs on Immigration Law and Policy

    by Greg Siskind

    House Gang of Eight Falters...But Could This Be Good News?

    Tea Party favorite Raul Labrador (R-ID) quit the House Gang of Eight today after the bipartisan group could not reach agreement on health care access for legalized immigrants. Then shortly after he left, a deal was announced on the issue (which makes one wonder if Labrador was the one holding up a deal?

    Ezra Klein has an interesting piece ...

    Published on 06-05-2013 11:42 AM

    Bloggings on Immigration Law

    by Roger Algase

    Will "Border Security" ("BS") Defeat CIR?

    In my June 3 post, I compared the "No Amnesty" slogan which killed immigration reform in 2007 with the "Border Security" strategy which immigration opponents are now using as their main weapon to defeat CIR in 2013. Of the two, the "Border Security" scam (hereinafter "BS") is more dangerous to immigration reform precisely because, on the surface, it appears to be more legitimate.

    "No Amnesty" is a cry of hate, pure and simple, No one in America can seriously believe that this phrase is anything more than racial buzzwords whose real meaning is "No Hispanics", in keeping with the spirit of their mid-19th century predecessor: "No Irish". 

    In 2007, transparent hate against Latinos and all immigrants of color was not only acceptable politically, but was mainstream. In 2002, the late Harvard professor Samuel Huntington, who was widely considered an expert on the "Clash of Civilizations", published his book "Who Are We?".

    This book was no less full of anti-Latino racial slurs than the work of another bigot associated with Harvard (but with a far shorter career which has already ended), Jason Richwine. Huntington asserted, for example, that Latinos were lazier than whites for "cultural" reasons.

    This kind of transparent bigotry helped to defeat immigration reform in 2007. But then came the 2012 election. Open anti-Latino hate had clearly outlived its political usefulness. It was time to look around for another strategy to defeat immigration reform. The solution was "Border Security"

    The Obama administration ...

    Published on 06-05-2013 11:05 AM

    Bloggings on PERM Labor Certification

    Joel Stewart

    PERM: Kooritzky Revisited

    Not too many years ago Samuel Kooritzky, a Virginia immigration lawyer, sued the Department of Labor and argued successfully that employers should be able to substitute aliens in approved labor certification. Prior to the Kooritzky suit,DOL had usually held that a labor certification could only be used once for the alien named in the certification.

    Kooritzky insisted that the labor certification did not attach to the ...

    Published on 06-05-2013 10:38 AM


    by Cora-Ann V. Pestaina

    I hang onto every word of the Board of Alien Labor Certification Appeals (BALCA). It’s the only way to make it through the preparation and filing of labor certification applications under Program Electronic Review Management (PERM) as not knowing what BALCA has said on a particular issue could be fatal to any PERM.  This recent statement by BALCA stopped me in my tracks for a moment. 

    In Matter of Sushi Shogun, 2011-PER-02677 (May 28, 2013), BALCA said, “HealthAmerica has effectively been overruled by the promulgation of 20 C.F.R §656.11(b).” Practitioners who file numerous PERM applications can empathize with my initial panicked gasp at seeing “HealthAmerica” and “overruled” in the same sentence. 

    As a background, over six years ago, BALCA issued HealthAmerica, 2006-PER-0001 (BALCA July 18, 2006). In this important en banc decision, BALCA held that the Certifying Officer (“CO”) should have reconsidered the denial of a PERM application where documentation held by the employer pursuant to the recordkeeping requirements of PERM conclusively established ...
    Published on 06-05-2013 10:30 AM

    Blogs on Immigration Law and Policy

    by Greg Siskind

    Rubio is Acting as Both Good Cop and Bad Cop on Immigration

    Or maybe Hamlet is a better comparison. Here's his interview with CNBC this morning. Hat tip to reader Beppe. 

    About The Author


    Published on 06-05-2013 09:36 AM

    Part IV of Cautions About EB-5 Policy Changes

    by Joseph Whalen

    While caution is needed on this topic, they might better be characterized as clarifications rather than changes. I am talking about USCIS finally coming forward to define terms that reflect the level of approval sought or awarded ...

    Published on 06-04-2013 11:22 AM

    The SEC's Perspective on Due Diligence in EB-5 Private Offerings And the Immigration Attorney's Role

    by Mona Shah and Yi Song

    How much due diligence are we Immigration lawyers expected to conduct in EB-5 cases? What are the expectations from USCIS and the SEC? On the April 3, 2013 EB-5 Engagement between the SEC and USCIS, Rob Silvers opened the call by noting that USCIS has been engaging with the SEC at the programmatic and case-specific level. Mr. Silvers declined to confirm whether this joint review of actual cases has identified endemic or repeated practices in the EB-5 program that could not only be problematic from the SEC prospective, but could also threaten the progression of the EB-5 program.

    Clearly EB-5 is an area where the average Immigration attorney lacks the expertise to navigate the myriad of financial ambiguities and corporate nuances. The general advice is to always refer the investor client to a due diligence professional.

    False statements and schemes to defraud are obvious to all, but beyond that what should the EB-5 attorney need to know when structuring and promoting EB-5investments? Can we look to the SEC to help us identify and publicize any commonly-used practices in EB-5 deal structures and marketing that are almost certainly problematic securities-wise? Or even reassure us about what is most likely safe, for that matter?

    As EB-5 project owners continue to raise capital through conducting private placement offerings to overseas securities purchasers, how to conduct securities ...

    Published on 06-04-2013 10:31 AM

    Additional Cautions About New EB-5 Policy Changes -- Part II: More Missing Pieces

    by Joseph Whalen

    The new EB-5 Policy Memo of May 30, 2013 includes the following:

    “II. The Preponderance of the Evidence Standard

    As a preliminary matter, it is critical that our adjudication of EB-5 petitions and applications adhere to the correct standard of proof. In the EB-5 program, the petitioner or applicant must establish each element ...

    Published on 06-04-2013 10:22 AM

    Bloggings on Immigration Law

    by Roger Algase

    Bloggings: Republicans' Hostility to Immigration Hurts the GOP With Young Voters in General, Not Only Latino Voters. By Roger Algase

    A June 3 report by the College Republican National Committee (CRNC) shows the Republican party's losses among all voters under 30 in 2012 were only slightly less devastating than the GOP's loss with Latino voters. While 71 percent of Latino voters supported re-electing President Obama last fall, 60 percent of all voters under 30 voted for Obama as well, according to the 95 page report, entitled Grand Old Party for A Brand New Generation.*

    The entire report can be accessed by going to the Huffington Post's June 3 summary: College Republicans Report Finds Young Voters Hold Many Positions Opposite of Party and clicking the link to the full CRNC report at the end of the Huffpost's summary, which can be accessed at:


    A reading of the CRNC report shows that the Republicans are out of touch with, if not openly hostile to, younger voters on such a great variety of issues that the title of the report might more accurately have been: "Grand Old Party against A Brand New Generation". One of these issues, ...

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