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    Published on 06-25-2013 09:28 AM

    Bloggings on Dysfunctional Government

    by Angelo Paparelli

    Give Peace a Chance: End the U.S.-India Immigration and Trade War Now

    Give Peace a Chance: End the U.S.-India Immigration and Trade War Now

    India - Americans.jpgThe drums of war are pounding.  Prominent American companies, through a variety of business associations, are urging the Obama Administration and Congress to punish the Government of India for mounting hostile actions in a brewing trade war.

    For its part, the Indian government cannot be pleased with the dramatically increased filing fees and restrictions to be imposed on its technology and consulting companies (which garners about $100 billion annually for its domestic economy) if S. 744, the Senate's comprehensive immigration reform (CRI) proposal, or some comparable variant, is enacted into law.

    No wonder that U.S. Secretary of State John Kerry is in New Delhi for government-to-government discussions seeking to head off a trade and immigration war that spells trouble for countless innocent parties.  Prime among the collateral-damage sufferers are American consumers who benefit from lower prices (especially in light of the falling rupee) and greater technological efficiencies spawned by the global trade-in-services and trade-in-goods business models.

    Why is this war on the verge of a surge?  India is the world's largest democracy, an English-speaking nation not known for cyber-stealing American government and business secrets, unlike China.  To be sure, Indian courts and government agencies must stop its protectionist ways, as the U.S. business associations' letter insists:

    Over the last year, the courts and policymakers in India have engaged in a persistent pattern of discrimination designed to benefit India's business community at the expense of American jobs. The [Government of India] recently demanded that as much as 100 percent of its market for certain information technology and clean energy equipment must be satisfied by firms based domestically. Administrative and court rulings have repeatedly ignored internationally recognized rights – imposing arbitrary marketing restrictions on medical devices and denying, breaking, or revoking patents for nearly a dozen lifesaving medications.

    These actions and others constitute a disturbing trend that may continue and even expand to other products, sectors, and countries. Already there are indications that other countries are considering similar measures. Such actions are completely at odds with recognized global norms and raise troubling questions about India's compliance with its international obligations to protect ideas, brands, and inventions and to treat imported goods no less favorably than domestic products.

    These actions are unacceptable for a responsible middle-income country and rising global power to treat its second-largest export trading partner. They are counterproductive to India’s stated goals to attract capital and to develop its own innovative economy. Forcing local production and seeking to profit and create jobs through the rejection of basic property rights undermines India's ability to achieve the type of long-term foreign investment that is so essential for sustainable economic growth and job creation.

    American government officials aren't pacifist observers either, but rather aggressive combatants.  They've dropped bombs on India by financing U.S. border fortification with markedly higher filing fees that have fallen disproportionately on Indian companies. They've lobbed grenades by applying discriminatory and extra-legal interpretations to refuse Indian work-visa applicants, as shown here, here and here. Immigration and trade protectionism hurts American and foreign citizens far more than it helps. And now S. 744 would attempt to legislate out of existence India's global business models notwithstanding that it takes two to tango, contractually, that is, an Indian sourcing firm and its American corporate customer.

    My solution:  The U.S. should enact legislation granting Indian citizens eligibility for E-2 treaty investor visa classification on a reciprocal basis, just as it did a year ago with Israel.  And just like the Israeli E-2 (which remains stalled), treaty investor reciprocity should only occur when American citizens doing business in India or Israel are given equivalent work-visa privileges in each respective country.  The Indian E-2 could well be the olive branch that the warring Indian and American sides need to declare a truce and sue for peace.

    War is hell.  Give peace a chance.

    About The Author

    Angelo A. Paparelli is a partner of Seyfarth Shaw LLP. Mr. Paparelli, with a bicoastal practice in Southern California and New York City, is known for providing creative solutions to complex and straightforward immigration law problems, especially involving mergers and acquisitions, labor certifications and the H-1B visa category. His practice areas include legislative advocacy; employer compliance audits and investigations; U.S. and foreign work visas and permanent residence for executives, managers, scientists, scholars, investors, professionals, students and visitors; immigration messaging and speech-writing; corporate policy formulation; and immigration litigation before administrative agencies and the federal courts. He is frequently quoted in leading national publications on immigration law. He is also President of the Alliance of Business Immigration Lawyers, a 30-firm global consortium of leading immigration practitioners. Paparelli’s blog and a comprehensive list of his many immigration law articles can be found at www.entertheusa.com. He is an alumnus of the University of Michigan where he earned his B.A., and of Wayne State University Law School where he earned his J.D. Paparelli is admitted to the state bars of California, Michigan and New York.

    The opinions expressed in this article do not necessarily reflect the opinion of ILW.COM.
    Published on 06-24-2013 05:02 PM


    by Kenneth Rinzler


    Published on 06-24-2013 04:55 PM

    Let Your Voice Be Heard; Vote in AILA's National Election

    by Matthew I. Hirsch

    The American Immigration Lawyers Association is holding its national elections. There is one contested election for a position on the Executive Committee and contested elections for seven seats on the Board of Governors. Candidate campaign statements can be found on AILA’s website and ILW has included information on the election and the candidates ...

    Published on 06-24-2013 04:43 PM

    Analysis of the Final EB-5 Policy Memorandum II

    by Mona Shah and Yi Song


    Published on 06-24-2013 04:40 PM

    Immigration Reform & The 8 New Faces of Immediate Relatives (Family-based)

    by Tahmina Watson

    Immigration reform will change the face of family-based categories quite drastically. While the two casualties are the elimination the F4/Sibling category and age restriction of F3/married son/daughter of USC category, there are some wonderful new improvements that are not being shouted about enough.

    Immediate Relatives flowchart created by Tahmina Watson

    Immediate Relatives flowchart created by Tahmina Watson


    Through CIR, we will have 8 new immediate relative categories! Below is a list :

    1. Child, spouse, parent of a USC

    2. Child or spouse of LPR (note- not a parent?)

    3. Child or spouse who is accompanying or following to join person in (1) above

    4. Child or spouse who is accompanying or following to join person in (2) above.

    Published on 06-24-2013 09:06 AM

    Immigration Law Blogs on ILW.COM

    by Roger Algase

    Bloggings: Rand Paul Makes It Official: Right Wing Republicans Do Not Want Latino Immigrants. By Roger Algase

    Just in case anyone thought that the debate over border security was really about border security, Senator Rand Paul (R-KY) has now made it official: it is not.

    Even with 40,000 border patrol agents and an additional $30 billion dollars to be spent militarizing the Mexican border, as agreed to by Senate Gang of Eight member Charles Schumer (D-NY) with two Republican border security "surge" proponents, Senators Bob Corker (TN) and John Hoeven (ND), this will not be enough to satisfy the anti-immigrant Republican right wing.

    So said Rand Paul on June 23, speaking on CNN's State of the Union, according to the Huffington Post and other media reports. See Huffington Post, Rand Paul Opposes Immigration Reform Even With Border Surge Amendment, June 23.


    Paul announced that he will not support the pathway to citizenship for unauthorized immigrants unless his amendment providing that Congress must first vote on whether border security has in fact been achieved is adopted

    Of course, anti-Latino Republicans will make sure that Congress never agrees that border security has been achieved, even if the Mexican border were turned into another Berlin Wall.

    If it were not obvious already that opposition to immigration reform on the Republican right is based on hate, not border security or any of the other pretexts which have been used to block reform, it is obvious now.

    Gang of Eight (GOE) negotiators in both parties have been working on the assumption that if enough concessions were made, ...

    Published on 06-24-2013 09:00 AM

    Bloggings on I-9 E-Verify Immigration Compliance

    Bruce Buchanan

    Nortn Carolina's E-Verify Law Expands July 1; Will it Expand More?; by Bruce Buchanan, Siskind Susser

    North Carolina's E-Verify law, which was effective in part on October 1, 2011  for employers that employ 500 or more employees, is expanding on  July 1, 2013, to cover employers that employ 25 or more employees. Read More Read More

    Published on 06-24-2013 08:30 AM

    Blogs on Immigration Law and Policy

    by Greg Siskind

    Most Highly Regarded Immigration Lawyer?

    Who knows? But it's flattering being on a list like this. I know every lawyer on the list - a few are close friends - and I can certainly tell you that the others are superb. And kudos to my colleagues at Siskind Susser for inclusion in this edition of Who's Who in Corporate Immigration Law.

    Section by Section Summary of Hoeven-Corker-Leahy Substitute Bill

    It's over 1100 pages and here's the summary of the differences between the substitute bill getting voted on Monday night and S.744 as it currently stands.

    Published on 06-21-2013 03:12 PM

    All Partners Are Equal, But...

    by Ed Poll

    In George Orwell's novel "Animal Farm," cows and sheep and horses threw off their human oppressors and united to govern themselves under the slogan "all animals are equal" ... until the pigs took control and modified the slogan to say, "all animals are equal – but some are more equal than others."

    That brings us to today's law firm partnership.

    Becoming a firm partner has long been the unquestioned goal of most lawyers. But in today's big law firms, with many hundreds of partners, is this still a desirable goal when a given partner's voice may have little influence over the direction ...

    Published on 06-21-2013 01:19 PM

    Bloggings on Political Asylum

    by Jason Dzubow

    Senators Try to Help Women Immigrants, But Ignore Women Asylum Seekers

    A proposed amendment to the Senate Immigration Bill would reserve 30,000 green cards for people in jobs traditionally held by women, such as nannies, home health-care workers, and early childhood educators. The amendment is sponsored by 12 of the 20 women in the U.S. Senate.

    According to the Washington Post,*the “lawmakers say pending immigration legislation is unfairly weighted toward male workers because it rewards applicants who are better educated and have more technical skills.”

    You're in

    You’re in

    While I agree that the immigration system has been skewed in favor of male immigrants, I am not sure that this is the best way to help female immigrants. Either we need high skilled workers in our economy or we don’t; either we need more nannies in our economy or we don’t. Why not set the number of visas for each category based on the needs of our economy, and then reserve a certain ...

    Published on 06-21-2013 12:44 PM

    Bloggings on Immigration Law

    by Roger Algase

    Bloggings: Immigration Reform: "Half The Battle Has Been Won". By Roger Algase

    Many cultures around the world have matchmaker stories.

    There is a Jewish joke about a matchmaker who tells Mrs. Goldberg in Brooklyn that she (the matchmaker) has found the ideal bride for Mrs. Goldberg's son, Sammy. *Mrs. Goldberg asks who the bride is, and the matchmaker says that it is Princess Diana.

    (I know I am dating myself, but when I first heard this joke, it was about Princess Margaret.)

    To continue, Mrs. Goldberg is horrified. How can she allow her son to marry a woman who doesn't know how to cook Kosher food or follow the other traditions of a Jewish home, let alone not being Jewish herself?*

    Patiently, one by one, the matchmaker overcomes Mrs. Goldberg's objections and explains that Princess Diana will actually turn out to be an ideal traditional Jewish wife. Finally Mrs. Goldberg gives in:

    "I agree, I give my son Sammy permission to marry Princess Diana."

    The matchmaker replies:*

    Great! Now half the battle has been won."

    I was reminded of this story when I read the June 21 story in ...

    Published on 06-20-2013 01:32 PM

    Bloggings on Nurse and Allied Health Immigration

    Chris Musillo


    by Chris Musillo

    For the last several years a group of AILA lawyers who practice in healthcare have gotten together for a dinner on the Thursday of AILA Annual week. Most years we have about 15 people.  It is a great chance to catch up with old friends (and new ones!). It is a casual event.

    If you are an AILA attorney who is interested in attending this year’s dinner, please let me know how many will be attending from your group by June 21. Friends, spouses, etc. are also welcome.

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

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