Comment: No Defeat From Victory

The people of Georgia have spoken. The Democratic party now controls the Presidency, the Senate and the House of Representatives, albeit with the slimmest of majorities. This is the first time a first term President has lost the Trifecta in 88 years since Herbert Hoover: The Presidency, The House of Representatives and now The Senate--a resounding repudiation of Mr. Trump by American voters.

There is a lot of handwringing about the slimness of the majority. This 50-50 makeup also gives enormous power to each Democratic Senator because a single Democratic Senator can torpedo any legislation. For example, Senator Manchin from West Virginia, the most conservative among Senate Democrats now becomes one of the most powerful power brokers. The House has a slim 6 seat majority. Speaker Pelosi is a consummate vote counter with superb ability to get legislation through the House, but still, she has very little margin to work with now.

Regardless of what the Progressive wing of the Democratic party desires, President-elect Biden is a centrist and the verdict the American people have given is centrist. So President Biden is likely to lead from the center.

What do we expect on immigration?

At the executive branch, we expect the rescinding of Mr. Trump's executive orders on immigration. We expect dozens and dozens of executive orders in the first year, many in the first 100 days and some in the first week itself.

What about legislative progress on immigration? Firstly, a giant covid relief bill is going to be the topmost priority. The incoming Biden administration is weighted with Obama-era folks whose deepest regret is not going big on economic relief during the financial crisis of 2008. Covid is a much bigger crisis, so the first priority of the new administration will be a gigantic covid relief bill, including aid to states, $2,000 relief checks, and much much more besides for economic recovery. The only immigration issue likely to make it into this relief package is a significant expansion of healthcare immigration.

Once economic relief is taken care of, some long-standing immigration priorities with bipartisan support are likely to find traction: Dream, Agjobs, possible status for DAPA folks and moving Registry to January 1, 2000. The other issues in immigration can get a hearing only after these long-burning issues are resolved. If immigration advocates try to overload immigration bills with a kitchen sink of quota relief (employment & family), H1B relief, EB5 etc, the bills will fall under their own weight. The stars have aligned for significant immigration benefits reform, after the string of defeats over the past 20 years, we hope that immigration advocates have learnt to take half a loaf, or even a quarter loaf, instead of insisting on the whole loaf and getting none.

Let us not snatch defeat from the jaws of victory.

Please let us know your thoughts by writing to us at editor@ilw.com

Article: Extending the Immigrant and Nonimmigrant Visa Bans: The Last Gasps of 212(f) Jurisprudence Under Trump by Cyrus D. Mehta and Kaitlyn Box

Blogging: Democrats win Georgia runoffs to control Senate (assuming Trump's last desperate fascist coup fails). Pro-immigrant legislation should come next By Roger Algase

Blogging: Could we learn from how Canada manages its foreign workers? By Nolan Rappaport

News: New Filing Address for Forms I-924 and I-924A

Focus: 2021 PERM Update
Zoom Webinars: Fridays January 22, February 12 & March 5, 2021
2pm to 3:30pm (Eastern Time)

Speakers: Joel Stewart (Discussion Leader),David J.Bier Rami Fakhoury, Matthew Morse, Harry Sheinfeld, Jason Susser, Nathan Waxman and many more to be announced

We are applying for California MCLE for these seminars which will be valid through reciprocity in many states.

DISCOUNTED PRICE

Each call features an hour of analysis, strategy and practice tips, followed by questions and answers from participants.

FIRST Zoom Session on January 22:

Prevailing Wage Update

  • Acronyms Decoded: DOL, ETA, OFLC, BLS, OES, SOC, O*NET, OES, OWL, & NPWHC
  • Forms Analysis: Temporary and Permanent Labor Certification
  • Practice Tips, Methodology, Challenges
  • View from Silicon Valley

SECOND Zoom Session on February 12:

New PERM Form 9089

  • Point by Point Analysis of 9089
  • Managing Data Merge: Forms 9141 & 9089
  • Important Tips for Best SOC Determinations
  • High Tech Occupation Update

THIRD Zoom Session on March 5:

Audits, Reconsideration, and BALCA Review

  • Paperless PERM & Electronic Filings
  • Analysis & Preparation of Audits
  • Crafting Requests for Reconsideration
  • Important New BALCA Rulings

SPEAKER BIOS

Joel Stewart (Discussion Leader) practices exclusively in the area of immigration law. He specialized in Romance and Slavic Linguistics before receiving a J.D. from the University of Connecticut School of Law, and is fluent in Portuguese, Spanish, French, and Russian. He is Past President of the South Florida Chapter of the American Immigration Lawyers Association (AILA) and is a nationally recognized authority on employment-based immigration matters as well as a popular speaker at for national and local bar associations throughout the United States. Mr. Stewart is the editor of The Perm Book, the definitive authority on the subject of PERM processing of labor certifications, and has been writing the BALCA Case Summaries since 1987. Mr. Stewart is also General Counsel to the Brazilian Consulate in Miami and Honorary Consul of Brazil in Florida.

David J. Bier is an immigration policy analyst at the Cato Institute's Center for Global Liberty and Prosperity. He is an expert on legal immigration, border security, and interior enforcement, and his work has appeared in the New York Times, Washington Post, USA Today, and many other print and online publications. The United States Supreme Court and multiple federal appeals courts have cited his research and writing. From 2013 to 2015, Mr. Bier drafted immigration legislation as senior policy advisor for Congressman Raul Labrador, a then member and later chairman of the House Judiciary Committee's Subcommittee on Immigration and Border Security.

Rami Fakhoury is the founder and Managing Director of Fakhoury Global Immigration, USA PC (FGI), one of the largest independently owned business-based immigration law firms in the United States and a Martindale-Hubbell AV Preeminent rated firm. FGI embodies Rami's life-long belief in the vital contributions that immigrants make to America's economy and society, advances his goal of helping businesses and organizations to meet their talent mobility needs, and assists talented and ambitious individuals in realizing their career aspirations. Rami's publications comprise several immigration law books including, as editor, The Consular Posts Book, 2015-2016 ed. (ILW.com: 2016) and USCIS Immigration Procedures and US State Department Consular Processes (ILW.com: 2009); and, as author, The Immigration Practitioner's Guide to U.S. Export Control Regulations (ILW.com: 2011) and The PERM Book, 3rd ed. (ILW.com, 2018). He has also written a regular column on global IT and US immigration law for the Financial Times of India, authored numerous policy articles and white papers, contributed articles to Lexology, Mondaq, and Crain's Detroit Business, among others, and is a frequent presenter at immigration and trade group conferences. Rami has organized informational sessions and webinars for businesses, universities, and other stakeholders worldwide, and has presented to the American Immigration Lawyers Association (AILA) on several occasions.

Matthew Morse Matt Morse has been practicing employment-based immigration law for over 20 years. He has experience with many areas of Green Card processing, including PERM labor applications, immigrant visa petitions, and Adjustment of Status applications. He has experience with Naturalization issues, and family-based immigration matters, and has extensive experience with many nonimmigrant visa categories, including the B, E, F, H, K, L, O, R, and TN categories, as well as consular processing matters. He has strong knowledge of federal immigration statutes and regulations. As a Partner at Fakhoury Global Immigration, Matt's experience includes Extraordinary Ability Alien cases, National Interest Waiver cases, Outstanding Professor/Researcher cases, Multi-National Manager and Executive cases, as well as health care worker immigration cases. Matt earned his Bachelor of Arts degree in Political Science at the University of Michigan, Ann Arbor, and his J.D. from the Thomas M. Cooley Law School. He is a member of the American Immigration Lawyers Association and the Michigan Bar Association.

Harry Sheinfeld is the senior partner at Piston & Carpenter P.C. He has practiced immigration law exclusively for over 20 years and has spoken at numerous American Immigration Lawyers Association (AILA) and ILW conferences and workshops. He has also written several articles for the AILA Annual Conference Handbooks and ILW PERM Handbooks.

Michael Piston is a PERM Consultant and a Former DOL Solicitor with years of deep experience on PERM adjudications. He retired after over 40 years of service with the US Department of Labor. He served for 33 years as Counsel for Litigation, Division of Employment and Training Legal Services, in the Department's Solicitor's Office, where he was responsible for non-enforcement immigration litigation. He has been employed by the Department of Labor since 1974 and has been handling immigration matters since 1978. He retired from the Solicitor's Office in 2015 and spent two years working at the BALCA. Since 2017 he has been during private consulting on PERM matters and writes BALCA decision summaries for AILA. Mr. Sheinfeld received his A.B. from Boston University and his J.D. from New York University School of Law.

Jason Susser is an attorney in the Memphis office of Siskind Susser PC, where his practice focuses exclusively on immigration and nationality law. Mr. Susser represents businesses and individuals in several areas of immigration law including employment-based immigration, family-based immigration, naturalization, and humanitarian cases. Mr. Susser graduated from the University of Memphis with a focus on Accounting and Religious Studies. While in college, he spent two years working as a full-time paralegal at Siskind Susser's Memphis office where he assisted attorneys in filing Labor Certifications, H-1B visas for specialty occupation professionals, H-2B visas for Temporary Non-Agricultural Workers, L-1 visas for intra-company transfers, and EB-5 Investor Visas. Mr. Susser went on to earn his Juris Doctor degree from the University of Memphis, Cecil C. Humphreys School of Law. During law school, he worked at the firm on a part-time basis focusing on EB-1 petitions for foreign nationals of extraordinary ability, EB-2 national interest waiver petitions, and O-1 visas for foreign nationals of extraordinary ability. While in law school, he also assisted in pro bono cases involving U-visas for victims of crimes and humanitarian cases. He is licensed and admitted to practice law in Tennessee.

Nathan Waxman has written more than 20 professional journal articles and book chapters on aspects of immigration law. He has lectured at AILA national conferences since the 1990s, with particular regard to NIW, H1B, and AC21. He has successfully represented businesses ranging from Fortune 500 corporations to universities to nonprofit foundations, family-owned businesses, and self-employed musicians, artists, physicians and alternative medicine practitioners. He has participated actively in the evolution of the labor certification process for the past 25 years. He contributed to AILA's comment on PERM regulations proposed in 2004, specifically with regard to the critical issue of preserving an employer's ability to qualify an employee for labor certification through experience gained with that employer in an alternative occupation, to the benefit of employers and intending immigrants throughout the country. He is acknowledged by his peers in business and employment-based immigration as a national figure, as manifested by his selection as a New York Super Lawyer, and his inclusion in the Who's Who of International Business Law, and in Best Lawyers in America.

More speakers to be added

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3 Webinars "2021 PERM Update"

January 22, February 12 & March 5

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Headline: A Shift In Immigration Priorities: Anticipated Changes From The Biden Administration Click here
Headline: Some Americans won't get stimulus checks just because they were born to immigrant parents Click here
Headline: Mayorkas to Balance Calls to Abolish ICE With Securing Borders Click here
Headline: US: Looking forward - How a new administration could change business immigration Click here
Headline: 'The US isn't an option anymore': why California's immigrants are heading back to Mexico Click here

Help Wanted : Immigration Paralegal
New York, NY - Zeng Law Group is seeking a full-time business immigration paralegal. The position will have the opportunity to work under the supervision of experienced attorneys on business immigration cases. Must be able to communicate with clients in Chinese. We will also offer H-1B sponsorship (initial or transfer petition) for qualified candidates. Job Duties: Prepare immigration applications/petitions, including forms and support letters for non-immigrant and immigrant visa petition filings with the USCIS for senior attorneys. The petitions include H-1B, PERM, I-140, I-130, I-485, motion/appeal response, EB-1A, L-1, O-1, EB-1B, EB-1C; Manage client relations: conduct and assist in client intakes, maintain communication via email and phone calls; Conduct legal research on immigrant and non-immigrant visa options and alternatives; Prepare draft applications, petitions, written correspondence and affidavits; Prepare responses to RFEs and Motions; Work directly with attorneys and other team members to manage caseload from intake through processing and filing. Requirements: Bachelor's degree. 1-2 year experience in the business immigration field is preferred; Must be able to communicate with clients in Chinese. Strong understanding of the PERM labor certification process applied to corporate clientele and Strong understanding of the H-1B process is preferred; Exceptional multitasking, attention to detail, organizational. Send resume to info@zenglawgroup.com"> info@zenglawgroup.com

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Advisory Board: Jason Dzubow, Rami Fakhoury, Matthew Kolken, Chris Musillo, Lory Rosenberg, Greg Siskind, Joel Stewart, Margaret Wong