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  • September 15 - A Gold Card

    Comment: A Gold Card
    The Green Card has been the holy grail for immigrants to USA for decades - permanent residency to live and work in the USA with an employer of one's choice and unrestricted travel to loved ones overseas. However, US immigration laws have not kept up with globalization, and Congress has failed to overcome stubborn racist opposition in America to increasing permanent immigration numbers for employment-based immigration. Hence we have the commonsense-defying situation of people on "permanent H-1B" status, potentially for decades, often in an indenture-type position (this surely beloved by racists), and without the ability to visit elderly parents in the country of origin. Into this logjam step three immigration lawyers with a creative, and brilliant, solution.

    Dinesh Shenoy, then an associate with the law firm of Ingber and Aronson, was the first to come up with the insight, almost a decade ago, that the INA had built-in flexibility without needing a statutory fix. The baton was then taken up by Gary Endelman, then in-house with BP America, and Cyrus Mehta, then and now with his boutique in NYC, who together fleshed out this basic insight and integrated it into the wider immigration framework. Immigration Daily is proud to have been the vehicle of choice for all 3 fine minds to explore an idea that was once so revolutionary that it was scarcely understandable.

    Well, now 'tis official. DOS and USCIS have announced an innovative and forward-looking amendment to the October Visa Bulletin which will bring an EAD card and advance parole to hundreds of thousands stuck in visa backlogs, one of the most significant immigration relief measures of the Obama administration - and one Mr. Obama can justly rely on to be remembered fondly by the immigrant community. We strongly suspect that immigration from China and India, in particular, will structurally change with this much-needed, and long-overdue executive relief.

    Immigration Daily commends Mssrs. Shenoy, Endelman and Mehta for ingenious thought and cutting-edge reasoning, and equally commends USCIS and DOS for finally acting in a ground-breaking manner, showing that caring bureaucracy is not always an oxymoron. There was a time, almost a decade ago, that we labelled this then-avant-garde idea as a "Gray Card" - since it was neither black (temporary) nor white (permanent) - it was temporarily permanent, and permanently temporary. Given the direction immigration discourse has gone in post-9/11 America, we no longer believe that that appellation is accurate, it is, instead, a "Gold Card", and it is here thanks to 3 distinguished and astute attorneys. To all these 3 lawyers, we say thank you.

    Share your thoughts by writing to editor@ilw.com.

    Article: What Will Congress Do on Immigration in September? By Beth Werlin

    Article: 5 Ways the Private Sector Can Help the Syrian Refugees. By Matthew La Corte

    Blogging: St. Louis Welcomes Syrian Refugees With Cries of "Bring Them Here!" By Roger Algase

    Blogging: Immigrant of the Day: Sonia Chopra - Journalist. By Greg Siskind

    News: USCIS Posts Affirmative Asylum Scheduling Bulletin

    Focus: The Consular Posts Book 2015-2016 Edition
    ILW.COM is pleased to announce The Consular Book 2015-16 edition, coming soon! The editor is Rami D. Fakhoury and contributing authors are Poorvi Chothani, Steven A. Culbreath, Dharamchand Depoo, Marc Ellis, Vic Goel, Edward S. Gudeon, Magdale Labbe Henke, Frederick W. Hong, Christi Hufford, C. Valerie Ibe, Priscilla J. Jones, Noah Klug, Jose E. Latour, Lesa Lawrence, Adam Lee, Mark Levey, Jakob Lipman, Susan Willis McFadden, Christy Nguyen, Claire D. Nilson, Curtis Pierce, Luis A. Pinilla, Jessica L. Rodriguez, Kristina Rost, Emmanuel S. Tipon, Alice Yardum-Hunter. The table of contents is as follows:

    Chapter 1: Argentina
    Chapter 2: Armenia
    Chapter 3: Australia
    Chapter 4: Brazil
    Chapter 5: Canada
    Chapter 6: China
    Chapter 7: Colombia
    Chapter 8: France
    Chapter 9: Germany
    Chapter 10: Haiti
    Chapter 11: India
    Chapter 12: Jamaica
    Chapter 13: Nigeria
    Chapter 14: Philippines
    Chapter 15: Taiwan
    Chapter 16: Trinidad and Tobago
    Chapter 17: United Kingdom
    Chapter 18: Vietnam

    Chapter 1: Introduction
    Chapter 2: New Attorney Vulnerabilities in International Practice;
    Chapter 3: Trade and Immigration Tightening? NAFTA, WTO, GATS Soup to Nuts
    Chapter 4: Tips for Avoiding B-1/B-2 Visa Denials and Correcting other Refusal Issues with the Consul
    Chapter 5: The Visa Waiver Program (VWP): Not As Simple and Easy As It Looks
    Chapter 6: Non-Immigrant Classes and Their U.S. Tax Obligations
    Chapter 7: E-1/E-2 Treaty Traders and Treaty Investors
    Chapter 8: The Consular Role in L-1 Blanket Petitions
    Chapter 9: H-1B "Dependent Employees": From Labeling to Lawbreaking
    Chapter 10: Temporary Assignment of H-1B Employees to Client Work Sites
    Chapter 11: State Department Name-Checks and Security Advisory Opinions (SAOs)
    Chapter 12: ICE Data-Mining and Federal Benefits Fraud Task Forces - Send In the Marines: Best Practices to Survive Audits and Task Forces
    Chapter 13: What to do if Your Client's Visa is Denied: Visa Office Advisory Opinions
    Chapter 14: A Template for Attorney Risk-Assessment


    For additional information, including author biographies and to purchase, please see:
    By Fax

    Headline: Dissension heard on U.S. judge's immigration detention decision Click here
    Headline: GOP 2016ers collide with Ronald Reagan on immigration Click here
    Headline: Immigration Reform, Emerging Technology Top of Mind for US Investors Click here
    Headline: National View: InsideSources - Lessons from Budapest for U.S. immigration policy Click here

    Help Wanted: Immigration Attorney
    New York, NY. Downtown NYC leading immigration law firm seeks attorney with 0-2 years' experience (i.e. asylum, cancellation, SIJ, VAWA, family based petitions, employment based petitions etc.). Candidate must be proficient at drafting motions, memos, and conducting research. Foreign language fluency (Spanish) is preferred not required. Candidates must be detail oriented, able to multi-task, and have strong analytical and organizational skills. Position available immediately. Salary based on experience and qualifications. Candidate must be admitted to the bar. Please send the resumes sxc@ppid.com.

    Help Wanted: Immigration Paralegal
    Atlanta, GA. Ogletree Deakins' immigration practice group employs over 53 immigration attorneys and over 95 paraprofessionals. Our Atlanta office has multiple opportunities for business immigration paralegals to join the firm's expanding practice. We are fully committed to the importance of diversity within the legal profession, as well as all workplace environments and strongly encourage the interest of diverse candidates in the firm. Summary of Position: Duties will include the preparation and filing of a wide range of immigration petitions, including H-1Bs, L-1s, PERM and labor certification applications. Our paralegals also compile and analyze case facts, draft correspondence, maintain and organize client documentation and have direct contact with clients and visa beneficiaries. The Immigration Paralegal will also review complex legal documents, compile and analyze case facts, determine and calendar deadlines. Requirements: Paralegal certification / Bachelor's degree from accredited college or university. Expertise in Lexis, WestLaw, Live Note, Concordance, Case Map, Docketing, and Document Management Systems. Outstanding case management and organizational skills are required. We are not working with outside recruiters for this position. Equal Opportunity Employer. Contact: To apply for this position, please send your resume to jobs@odnss.com with "Atlanta Immigration Paralegal" in the subject line.

    To submit an article or a news item to Immigration Daily, write to editor@ilw.com. Follow ILW.COM on Twitter.

    Letters of the Week:

    ComingsNGoings: Immigration Reading
    Migration Policy and Practice: Interventions and Solutions (Migration, Diasporas and Citizenship) by Harald Bauder (Editor), Christian Matheis (Editor) - Palgrave Macmillan (September 2, 2015) - Hardcover: 212 pages, ISBN: 1137503807, $85.00 - http://www.amazon.com/gp/product/1137503807

    An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1995-2015 American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.
    Publisher: Sam Udani ISSN: 1930-062X
    Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Lory Rosenberg, Greg Siskind, Joel Stewart, Margaret Wong
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