Comment: Put Up or Shut Up

A small faction within the Republican Party is bent on obstructing immigration issues and has no plans of their own on immigration policy. While they claim rule of law as their rationale, this claim is merely a fig leaf for racism. This includes folks like Senator Sessions and Senator Cruz. Politico reports that Senator Cruz is advocating using all procedural tools including holding up nominations to block President's immigration actions.


The appropriations bill passed by the House purports to strip the funding for Presidential executive action on the undocumented. This stripping is misleading for three reasons:

  • Most of the funding for the President's action is through user fees which the House has not seen fit to repeal USCIS's authority for.
  • The President will certainly veto the House bill and there are not enough votes in Congress to override his veto.
  • Furthermore, the Senate needs to pass some version of the appropriations bill. Firstly, a simple majority is not sufficient in the Senate, due to the filibuster. Secondly, some Republican Senators oppose the House version, so it is not possible to ram the House bill through the Senate even if the filibuster was not an issue. We suspect that the version of the bill that Senate will produce will be anathema to Senator Cruz and his ilk.


In contrast to Senators Cruz and Sessions, the Senate Majority Leader Mitch McConnell, is acting for all his party's members whose opinions on immigration are diverse. He has responsibly vowed not to block any nomination or to shut down DHS. In contrast to the scorched earth policy of the anti-immigrationists the Senate Leader is being a statesman.


But McConnell [has] vowed not to shut down the vital security agency... In an interview Friday, McConnell said he "absolutely" would give [Attorney General nominee] Lynch a vote on the floor. "I can't imagine any circumstance in which a president's nominee for a Cabinet position would not be given a courtesy of a vote on the floor of the Senate."

"Just Say No" is not an option for legislators on immigration at this time. It is irresponsible, untenable and will not work. We ask the majority in the Republican Party and its leadership to call out its lunatic fringe to offer solutions to our broken immigration system, and not let them pretend that the millions of undocumented will "self-deport" or vanish into thin air by their denial of reality. If Mr. Sessions and Mr. Cruz believe they have the power of conviction in their non-position on immigration, the time has come for them to put up or shut up.


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Article: You Have Employees Who Received Deferred Action-Now What? By Rachel A. Gonzalez



Article: Perfection of Application After Filing and Eligible at Time of Final Adjudication. Joseph P. Whalen




Blogging: Nebraska Becomes 5th State to Join RIDE. By Bruce E. Buchanan



Blogging: House Bill Defunding DACA/DAPA Initiatives Fails in Senate. By Greg Siskind




News: USCIS Message on Updated Fliers on Expanded DACA, Preparing for DAPA



News: DHS Fact Sheet on Homeland Security FY2016 Budget















Focus: The Consular Posts Book 2nd Edition


The Consular Posts Book 2nd Ed. is available for pre-order at a discounted price! 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:



PART I. MAJOR CONSULAR POSTS

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


PART II. THEORY AND PRACTICE

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


PART III. RESOURCE MATERIALS ON CD-ROM



For additional information, please see:

Online

By Fax





Headline: Obama Administration Releases New Fliers For Illegal Immigrants Explaining Exec. Amnesty Click here

Headline: Report: Immigration Reform Crucial To Midwest Agricultural Success Click here

Headline: What's missing in America's immigration debate Click here

Headline: Senate Democrats Poised to Block Republicans In Immigration Dispute Click here

Headline: White House budget: Homeland Security agenda includes airport security and plugging gaps Click here








Help Wanted: Immigration Attorney


Troy, MI. Associate Attorney: Ellis Porter is seeking a dynamic associate attorney with at least 3 years of employment based immigration experience.

Attorney will manage high-volume caseload for clients ranging from start-ups to Fortune 500 companies. Experience should include temporary work visas (H-1B, TN, L-1, E-1/E-2/E-3, O-1) and green cards (PERM, EB-1, NIW). Industry experience in automotive/engineering, IT consulting, and/or healthcare is preferred. Language skills are also a plus. Think you're a good fit for our team? Please submit your resume, cover letter, and salary requirements to

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Help Wanted: Immigration Paralegal


Los Angeles, CA. Immigration Law Office is looking for a paralegal with two or more years of experience with employment and investment visas, O-1 Visas, immigrant petitions, adjustment of status and naturalization applications. Applicants must have the ability to communicate in a courteous and professional manner, strong organizational skills, and be detail-oriented. If interested, please send resume and cover letter by email to Tucker@TuckerSandlerLaw.com.



Help Wanted: Immigration Paralegals


Philadelphia, PA. Greenberg Traurig has openings in its Philadelphia Office location for junior to mid-level business immigration paralegals. Qualified candidates for the junior paralegal positions should have a minimum of 6 months preparing immigrant visa petitions/Adjustment of Status cases. Qualified candidates for the mid-level paralegal position should have a minimum of 4 years preparing immigrant and nonimmigrant visas (i.e., H, L, TN, E, O, J visas, adjustment of status, consular processing, advance parole, employment authorization documents, PERM etc.). The ideal candidates must be very organized, detail-oriented and able to work independently. They must possess excellent computer skills as well as strong written and verbal communication skills. If you would like to work in a fast paced, heavy volume, deadline driven environment alongside a team of experienced immigration attorneys and professionals who are passionate about the practice of Immigration Law, then we want to hear from you! We have all the resources of a large, international law firm while preserving our firm's collegial and collaborative culture. Competitive benefits and compensation package offered. Please send resume and cover letter with salary requirement to Nancy Miller at millerna@gtlaw.com. Greenberg Traurig is an Equal Opportunity Employer.



Help Wanted: Immigration Paralegal


Los Angeles, CA. Fast paced but small Los Angeles immigration law firm seeks paralegal/legal assistant. Will train the right person. Will work closely with attorneys and clients to prepare immigration petitions for work visas, marriage and family based green cards. We focus on representation of scientists, professors and students. Must be able to multi-task, write well and be willing to make two year commitment. Minimum BA/BS degree. Hours are 8:30-5:30 Monday-Friday. Email resume, cover letter and two references to alex.grey.cooke@gmail.com.



Help Wanted: Immigration Paralegal


New York, NY. Yarden Law Group is looking for a business immigration paralegal with two or more years of experience with employment and investment visas, immigrant petitions, adjustment of status applications and naturalization. If interested, please send CV and cover letter by email to shavit@yardenlaw.com.








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ComingsNGoings: Immigration Event


February 12, 2015, 9:30am - 11am (Eastern), Washington, DC. the Migration Policy Institute (MPI) will hold an event to discuss "The Skills of Immigrants: What PIAAC (International Assessment of Adult Competencies) Tells Us." MPI authors will discuss what their analysis reveals about the literacy of the first- and second-generation immigrant population in the United States, the U.S. education and workforce training system, and the implications for the future of the U.S. labor market and its role in the global economy. For more information and registration see here. Space for in-person attendance is limited. No registration is necessary to view the livestream.







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