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    Published on 01-24-2017 01:12 PM

    Is Trump’s Proposed Scrapping of the H-1B Lottery in Favor of the Highest Wage Such A Good Idea?

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    Over the weekend, a Canadian student of McGill University, Joseph Decunah, who was seeking to be admitted to protest at the Women’s March the day after President Trump’s inauguration was refused admission. He was in the company of two US citizens who were allowed to cross. Decunah was point blank asked “Are you anti or pro-Trump?”

    After Decunah indicated he was anti-Trump as he had nothing to hide, the CBP officer engaged in further questioning about why he opposed Trump, and the Canadian entrant spoke about the Affordable Care Act and some of the outrageous statements that Trump has made towards minorities. Then from there, the questioning moved on, according to Decunah, to determine if he and the two others in his group were extremists or not. He was asked about where he had been, and if he has ever been to the Middle East. The CBP officer then asked him about his political engagements, to which Dacunah responded that he had been a member of the NDP (New ...

    Published on 01-23-2017 10:33 AM

    DACA To Go – But An Acceptable Trump Solution?

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    In the wake of signing some executive orders on the day of his inauguration, January 20, 2017, to show that he means business, President Trump is preparing mass signings of executive orders (some say over 200) during the next weeks expected to impact the work of many agencies, including in the field of immigration. From comments that he and his nominee for Attorney General, Jeff Sessions, had made, it was expected that Deferred Action for Childhood Arrivals (DACA) would be one of the first to go. ...

    Published on 01-20-2017 02:32 PM

    On The EB-5 RC NPRM

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    ...
    Published on 01-20-2017 01:52 PM

    H1B: You Can Prevent RFEs by Getting Ready Early

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    2017 is well underway and that means H1B filing season starts sooner than you think. H1B filing season will most certainly end soon as well. For the past few years, CIS has only accepted petitions for the required five business days before shutting its doors because an excess of petitions that far exceeds the annual cap flow in. Getting started early will help keep you out of trouble come filing time, and prevent ...

    Published on 01-19-2017 02:16 PM

    When Can A DACA Student Pay In-State Tuition In Georgia? Now!

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    On December 30, 2016, Judge Gail S. Tusan, Chief Judge of the Fulton County Superior Court ordrered the Georgia Board of Regents:

    to perform their duty in applying the federal definition of lawful presence as it relates to students who are DACA Recipients and to grant them in-state tuition status. This is the Court's final order in this matter . . . .
    There are thousands of students in Georgia affected by this Order and they all want to know what this order means.

    Generally speaking, under Georgia law, a trial court judgment is automatically stayed for 10 days after its entry and, during this 10 day period, enforcement of the judgment is prohibited. What this might normally mean,  is that students cannot seek in-state tuition under this order until January 10, 2017, pursuant to
    Published on 01-19-2017 09:06 AM

    Five Things to Know About Entrepreneur Parole Rule Effective July 15, 2017

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    Today, the U.S. Department of Homeland Security (“DHS”) released in the Federal Register the final International Entrepreneur Rule, which amends regulations on DHS’ parole authority in order to increase and enhance entrepreneurship, innovation, and job creation in the U.S. This final rule, included in new section 8 C.F.R. § 212.19, establishes criteria for the use of parole with respect to entrepreneurs of start-up entities who can demonstrate through evidence of substantial and demonstrated potential for rapid growth and job creation that they would provide a significant public benefit to the United States. The final rule will become effective on July 17, 2017.

    In general, “parole” allows an individual, who may be inadmissible or otherwise ineligible for admission into the U.S., to be “paroled” into the ...

    Published on 01-19-2017 09:01 AM

    Inauguration Day: Obama's Immigration Legacy?

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    Today will see the inauguration of Donald Trump as the 45th President of the United States.#0160; Beginning today, Donald Trump will be President and Mike PenceVice President. A public ceremony will be held on*the West Front of the United States Capitol Building in Washington, D.C.

    The inauguration theme is "Uniquely American," which highlights the inaugural ceremony as "a uniquely American expression of our Constitutional system." The theme also stresses the peaceful transition of power, and that the American people are "united behind an enduring republic." The oath of office will be administered to Trump*by Chief Justice of the United States John Roberts and the vice presidential oath of office will be administered to Pence by Associate Justice Clarence Thomas.

    The nation is well-aware of the immigration promises of incoming President Trump -- build a wall, increase removals, etc.**It seems an appropriate time to consider President Obama's*immigration legacy.* I see it has a mixed bag.* There was much hope with Pre3sident ...

    Published on 01-18-2017 10:33 AM

    Trump Election Portends Major Changes In Immigration Policy

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    Cornell University Law School professor and Miller Mayer, LLP attorney Stephen Yale-Loehr, co-author of a 21-volume immigration law treatise, analyzes the potential impact of Donald Trump’s election victory on immigration reform in 2017:

    “Donald Trump made immigration restrictions a big part of his campaign platform. Now that he has been elected president, here are some ways he might change immigration policy, based on statements he made during his campaign and on his website:

    ...
    Published on 01-18-2017 10:05 AM

    Here We Go Again With More Selective Reading Of Comments By USCIS

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    ...
    Published on 01-18-2017 09:55 AM

    Is Trump’s Proposed Scrapping of the H-1B Lottery in Favor of the Highest Wage Such A Good Idea?

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    Employers have already begun preparing for the upcoming H-1B visa lottery season. The annual H-1B cap is limited to 65,000 visas per year for applicants with bachelor’s degrees, and an additional 20,000 for those with master’s degrees from US universities. The filing period begins on April 1, 2017. H-1B petitions received during the first five business days of April – April 3 to April 7 – will be given consideration under the lottery. Based on last year’s filings, the odds of getting an H-1B visa in the lottery is approximately 33%.

    The H-1B lottery has been viewed as benefitting larger employers, mainly Indian IT firms that file a large number of petitions, over smaller employers who wish to focus on employing a single or few employees. A class action lawsuit, Tenrec, Inc. v. USCIS, challenging the annual H-1B lottery as contravening the INA, seeks to disrupt the status quo by allowing all employers to file on a first come first served basis. Under this plan, those who are not among the first 85,000 H-1B petitions received would be placed in a queue or wait list instead of being denied due to the quota having already been met. If this lawsuit is successful, it will certainly produce a long queue for the coveted 85,000 H-1B visas, and so most will still not benefit even after the lottery is dismantled.

    Now Trump seeks to also disrupt the H-1B visa lottery, according to an article in Reuters. Specifically, Stephen Miller, senior advisor to the Trump administration, has suggested that the USCIS should abolish the H-1B lottery as we know it and replace it with a system which favors those who file on behalf of prospective employees with the highest wages. This proposal is similar to the one made by IIEE-USA, which, in addition to giving priority to employers who are willing to pay higher wages, suggest that the USCIS should also give lower priority to H-1B dependent employers. Most H-1B ...

    Published on 01-17-2017 11:12 AM

    Argument Preview: The Void-For-Vagueness Doctrine Applied To The U.s. Immigration Laws

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    The U.S government targets noncitizens with criminal convictions for removal from the United States. These efforts have allowed President Barack Obama’s administration to deport approximately 2.5 million noncitizens during Obama’s eight years in office, more than any other president in American history. On several recent occasions, the Supreme Court has found that the administration went too far and has set aside orders of removal of criminal offenders that it has found to be inconsistent with the immigration statute. For example, in Mellouli v. Lynch, in 2015, the court held that a state misdemeanor conviction for possession of drug paraphernalia did not justify removal. In 2013, in Moncrieffe v. Holder, the justices found that a lawful permanent resident’s conviction for possession of a small amount of marijuana – now legal in many states – did not mandate removal. Next week, the Supreme Court will hear oral argument in Lynch v. Dimaya, another criminal-removal case, but one with potentially far-reaching constitutional implications.

    A noncitizen, including a lawful permanent resident, who is convicted of an “aggravated felony” is subject to mandatory removal. The Immigration and Nationality Act defines “aggravated felonies” expansively to include crimes, including some misdemeanors, that run ...

    Published on 01-17-2017 10:12 AM

    Trump’S Election Already Pushing Immigrants To Work And Study Elsewhere

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    Donald Trump is already prompting immigrants and international students to reconsider their plans to work or study in the United States. Since his election, there have been multiple media reports about foreign students and workers foregoing coming to the U.S, flocking instead to countries like Canada, Germany, or China.

    A president who is openly hostile to immigrants and an administration that scapegoats immigration as the crux of all social ills unsurprisingly will cut university enrollments, dry up revenue for both universities and local governments, and hurt the American economy by pushing away top global talent.

    A 2015 study found that sixty percent of international prospective students would be less likely to attend schools in the United States if Trump was elected. Those fears are now a reality.

    The New York Times reports that Canadian universities detected a post-election surge in interest from overseas applications. In the report, Rahul Choudaha, an international education consultant in New Jersey, explains there is a palpable worry among students and their parents in India. He says prospective students, “are not seeing the United States as a safe destination. They’re changing the destination to Australia or Singapore.”

    A twenty-one year old student applying to graduate programs in pharmaceutical science said, “It’s the main topic of conversation among my friends. They don’t want to apply to the U.S. under Trump.” Another student is quoted saying, “I’m thinking of applying to Canada.”

    Not only is Trump scaring off potential student immigrants from applying, but those that are considering U.S. universities are worried that even if accepted, the processing delays will result in missing classes or a delayed start. Admed Ezzeldin Mohamed, a political science Ph.D student at Columbia University, said Middle Eastern students fear increased screening and processing delays for them to come to the U.S. He said that delaying school because of security checks will push him elsewhere.

    Ellen Rudnick, adjunct professor of entrepreneurship at the Booth School of Business at the University of Chicago said, “I have students whose visas will be up soon. One student is already thinking of moving to Canada. They’re all scared.”

    An inhospitable climate for foreign students will hurt the U.S. economy. As the The Migration Policy Institute has reported, the United States is the “top global destination for international students,” and in 2016—for the first time—passed the one million international student threshold. This clearly benefits the U.S. economically.

    The National Association of International Educators found


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