Dagmar Butte was quoted by Forbes in "The Next Harmful Move Against H-1B Visas." Commenting on what might be included in an upcoming Trump administration regulation to make it more difficult for employers to hire H-1B workers, Ms. Butte said, "I think they will eliminate the Level 1 wage. That would be contrary to the statute, which mandates 4 wage levels. This would definitely buy them a lawsuit unless Congress changes the statute. I also think they will attempt to eliminate certain kinds of third-party employment or require formal co-employment. However, I am not sure how they'll do it…. All of this will hit employers and 'entry-level' foreign national workers the hardest." Ms. Butte explained that most new graduates, whether foreign-born or native-born, are considered entry-level workers. "If the Level 1 or entry level wage is eliminated, employers are not likely to hire an entry-level worker at the next wage level, which in almost all H-1B occupations is significantly greater when you look at the DOL wage ranges. Therefore, a foreign student would not be able to obtain entry-level work in the U.S. upon graduation. This would be true even for many advanced degree graduates." She also warned that revising the definition of a specialty occupation to include achievement beyond the existence of a degree would make the process arbitrary for employers. She noted that a separate problem would emerge if a revised definition were to focus narrowly on the title of the degree and overlook the individual's body of knowledge because that would ignore what employers seek in a competitive labor market.
The Forbes article
Charles Foster, chairman of Foster LLP, is the driving force behind an effort to build a monument to Lyndon B. Johnson in Houston, Texas. An article about this effort is available here.
Corporate Immigration Law Firm and Gomberg Dalfen, S.E.N.C., were named by Canadian Lawyer to its Top Ten Immigration Boutiques list. They are the firms of ABIL members Barbara Jo Caruso and Avi Gomberg, respectively. For more information, see Canadian Lawyer.
Several attorneys from Gomberg Dalfen, S.E.N.C., were listed in Who's Who Legal: Canada 2018: Avi Gomberg, Seth Dalfen, Geneviève Hénault, and Isabelle Owston (see Who's Who Legal). Also listed was Barbara Jo Caruso (see Who's Who Legal).
The following attorneys from Gomberg Dalfen, S.E.N.C., were listed in the 2019 Canadian Legal Lexpert® Directory: Avi Gomberg, Seth Dalfen, and Geneviève Hénault.
Klasko Immigration Law Partners, LLP, was included in the 2018 Best Places to Work by the Philadelphia Business Journal. The firm was named a Best Place to Work for the third consecutive year. Klasko issued a statement: "Given the emotionally charged climate surrounding immigration, the firm is honored to have continued the tradition of consistently fostering a rewarding and positive work environment."
Klasko Immigration Law Partners, LLP, has released a new episode in its "Statutes of Liberty" series. Episode 10: The Best, Brightest, and Backlogged discuss the backlog, who it affects, how to read the Visa Bulletin, and strategies for EB-1 visas.
Ronald Klasko and William Stock earned placement in Human Resource Executive and Lawdragon’s annual joint publication of their "best of" lawyers list for the 11th year. In addition to Mr. Stock's repeated recognition, which is bestowed on 216 lawyers, Mr. Klasko has been inducted into the publication's Hall of Fame. The standard for this honor is high, with only 16 inductees this year, needing a minimum of 35 years of practicing law and consistently high recognition. More information.
Mr. Klasko, Mr. Stock, and Elise A. Fialkowski have been included in The Best Lawyers in America© 2019 in the area of immigration law. Mr. Stock was named the Best Lawyers® 2019 Immigration Law "Lawyer of the Year" in Philadelphia. It is the second time he has received this honor.
Mr. Klasko was quoted by Law360 in "4 USCIS Policies Changing the Face of Business Immigration." He said he is mustering plaintiffs to launch a lawsuit against a new USCIS policy on unlawful presence, accusing the agency of violating the Administrative Procedure Act's requirements to provide notice and an opportunity for the public to comment on a new agency rule: "We're very concerned about this because the immigration service has overturned a legal interpretation and policy that has been in place for 21 years without APA notice and comment rulemaking. The implications are huge." It could mean that universities would have to take on massive liability, he noted. If, for example, a foreign student adviser incorrectly counsels a student that he or she can work extra hours on a campus job without violating visa status and accruing unlawful presence, that student may have grounds to sue, Mr. Klasko said. He noted that the policy does not necessarily change his strategy for filing visa applications. He said he already submits extensive documentation with every application to cover every possible issue. He is, however, more cautious about ensuring that he establishes a good record with that initial filing in the event the case needs to be litigated. The article is available by registering at law360.
Klasko Immigration Law Partners, LLP, welcomes associate Natalia Gouz. Ms. Gouz, a graduate of New York Law School, has extensive experience in both nonimmigrant and immigrant matters. She assists clients from a broad spectrum of industries including the financial sector, information technology, telecommunications, higher education, healthcare, logistics, and hospitality.
Kuck Baxter Immigration is working with Emory Law School and the Church of Jesus Christ of Latter-Day Saints on an Immigrant Services Initiative law clinic, inaugurated August 8, 2018, in Chamblee, Georgia. The article is available by registering at law.com.
Robert Loughran has authored "5 Steps Businesses Can Take as U.S. Ramps Up Immigration Audits," published by Austin Business Journal. The article is available at Foster Global or by subscription here.
Mr. Loughran addressed immigration options and unique port-of-entry considerations for musicians during a panel presentation on International Touring Development & Logistics at the Austin-Toronto Music City Alliance Summit. The panel, held October 11, 2018, was designed to focus on development of management/venue/promoter/agent networks between Canada and the United States, including establishing additional touring routes for Austin and Toronto artists, as well as current and evolving best practices for securing visas.
Cyrus Mehta received the Advocate Award at the annual gala of the Northern Manhattan Improvement Corporation (NIMC) on October 4, 2018. Since 1979, NMIC has been a source of support and opportunities for the most vulnerable community members in upper Manhattan, and now the Bronx. NIMC provides immigration services, preserves and develops affordable housing, and supports survivors of intimate partner violence. For more information, see NIMC.
Mr. Mehta has authored several new blog entries: "Recipe for Confusion: USCIS Says Only the Final Action Date in Visa Bulletin Protects a Child's Age Under the Child Status Protection Act," "Suspension of Premium Processing: Another Attack on the H-1B Program," and "Artificial Reproductive Technology and Transmission of American Citizenship: Is There Any Need For a Biological Link After Jaen v. Sessions?"
Mr. Mehta spoke at the New York City Bar on "Stress Testing International Law: A Time of Archipelagos, Moats, and Walls" on October 9, 2018. For more information, see NYC Bar Association.
Mr. Mehta was quoted extensively by the Times of India in "Tough Policy for International Students in U.S." The article is here. He was also quoted in "Sponsoring U.S. Green Card for Parents to Get Tougher," and "Draft Proposes Fresh U.S. Immigration Curb."
Sophia Genovese, of Cyrus D. Mehta & Partners PLLC, has authored several new blog entries: "Expecting Asylum Seekers to Become US Asylum Law Experts: Reflections on My Trip to the Folkston ICE Processing Center," and "Indirect Refoulement: Why the U.S. Cannot Create a Safe Third Country Agreement with Mexico."
David Isaacson, of Cyrus D. Mehta & Partners PLLC, has authored a new blog entry, "Jaen v. Sessions: The Second Circuit Reminds Us That Government Manuals Aren't Always Right."
Cora-Ann V. Pestaina, of Cyrus D. Mehta & Partners PLLC, has authored a new blog entry, "F-1 Cap Gap Students In Limbo from October 1, 2018 Onward If Their H-1B Cases Have Not Been Approved."
Angelo Paparelli has authored several new blog entries: "The Long-Lived 'Con Job' Structural Injustice in the Immigration 'Courts'," "Where is the U.S. Citizenship and Immigration Services Director?", and "California Can Revive the Immigrant Worker Protection Act by Challenging the Authority of U.S. Citizenship and Immigration Services' 'FDNS' Enforcement Officers."
Rodrigo Tannus has authored several new articles in Diario la República: "Circulación laboral en la Alianza del Pacífico (I)," and “Circulación laboral en la Alianza del Pacífico (II)."
Karl Waheed was quoted by Bloomberg in "France: New Immigration Law Would Ease Some Visa Requirements for Foreign Professionals." Law No. 2018-778 of Sept. 10, 2018, for Managed Immigration, an Effective Right of Asylum, and Successful Integration, published September 11, 2018, "for the most part aimed to make the asylum process more restrictive for asylum seekers, but it also includes a handful of very business-friendly immigration measures for the corporate world," he said. The article, which includes additional quotes, is available here.
Bernard Wolfsdorf was quoted by MarketWatch in "U.S. Immigration Fund: Washington Update: EB-5 Regional Center Program Reauthorization Extended to December." Mr. Wolfsdorf said that "while Congress has attempted to reform the EB-5 program for several years, my view is the stars are now in alignment and we can expect to see new legislation before the end of 2018. I am hopeful Congress will provide meaningful reform including a long-term extension, reasonable grandfathering of TEA rules and a moderate increase in the minimum investment amount so that the already diminished demand is not cut off. Most important, I am hopeful Congress will correct the program to 10,000 investors, not only allow 3,000 investors and their family annually." The article is at MarketWatch.
Stephen Yale-Loehr coordinated Cornell Law School's conference on Deferred Action for Childhood Arrivals (DACA) held at the New York City Bar Association building on October 5, 2018. The conference presented a comprehensive overview of the legal and political situation around DACA and other forms of temporary immigration status. Expert panelists explored the origins of the "Dreamer" population, the administrative and litigation responses to the situation, and where we go from here, both for Dreamers and others in tenuous immigration situations. Mr. Yale-Loehr moderated the first panel, "Politics, Passions, Parents: How the DREAMers Gained Momentum." For more information, see Cornell Law School.
Mr. Yale-Loehr was quoted by the Voice of America in "International Students Can Use U.S. Investor Visa to Gain Green Card." "I would think several hundred students" get an EB-5 visa each year, he said. "But nobody knows for sure. It may only be a hundred." The article notes that although parents and families typically provide the money, students sometimes decide where to invest. "That is probably the most daunting part of the EB-5 process for many investors. I compare it to a Rubik's Cube," he explained. "The immigration component has to line up with the [investment] component, which has to line up with the job creation element. ... Sometimes, if the students are majoring in business, they're very savvy." The article is at Voice of America.
Mr. Yale-Loehr was quoted by Inside Higher Ed in "A Dream Denied." Commenting on what's known in immigration law as "nonimmigrant intent," which is a common reason why prospective students are denied visas to come to the United States, Mr. Yale-Loehr noted, "It's hard because it is subjective. It's really up to the individual consular officer to determine whether they think the individual will go back to their home country after they finish their studies. For some countries it is harder than others: it's a lot easier to show nonimmigrant intent if you're from a Western European country than if you're from a West African country. It's always been the case, and this is just the latest example of that. There's no magic bullet or document that will necessarily satisfy a consular officer. The more evidence that an individual has, such as a job offer or owning land or being married to someone who is staying behind in the home country, the better the chances that someone will satisfy that 'nonimmigrant intent' requirement. But for many students, they're not married, they don't own land and if they're the first one in their family to be going to college, it can be hard to prove that they really do intend to return home after they finish their studies." The article is at Inside Higher Ed.
Mr. Yale-Loehr was quoted by Univision in "Unos 100,000 cónyuges de visas H-1B están a punto de perder sus permisos de trabajo" ["100,000 Spouses of H-1B Visa Holders are on the Verge of Losing Their Work Permits"]. He noted (in Spanish), that Trump's executive order of April 18, 2018 "is too simple a solution to a complex problem." He added that changes in immigration laws should be monitored "to make sure that companies pay the right salary, but that they do not damage innovation in the process." The article is at Univision.
Mr. Yale-Loehr participated in an hour-long panel discussion on the Syracuse PBS TV station about how President Trump's immigration changes are affecting people in New York. A recording is available at WCNY.
Mr. Yale-Loehr was quoted by the San Jose Mercury News in "H-1B: U.S. Officials Cracking Down on Indian Citizens, Report Says." "Cases that used to be approved without a second thought are now receiving requests for evidence and are being denied," he noted. Mr. Yale-Loehr said that the Trump administration's H-1B crackdown could ultimately hamper U.S. firms' ability to hire U.S. workers: "They may not be able to continue to grow their companies the way they would like. It may make larger companies more likely to set up overseas operations rather than expand in the United States, and that ultimately hurts U.S. workers." On the issue of whether Indian citizens are being singled out by the U.S. government, Mr. Yale-Loehr said that was unclear. "It could just be because Indians are over-represented among computer professionals; therefore they're over-represented in these requests for evidence and denials," he noted. The article is at San Jose Mercury News.
Mr. Yale-Loehr was quoted by ABC News in "First Lady Melania Trump Sponsored Parents' Green Card Application." He noted, "The most obvious way that they would have become green card holders is by being the parents of a U.S. citizen—i.e., Melania Trump." The article is at ABC News.
Mr. Yale-Loehr was quoted by the Miami Herald in "Venezuelan Military Deserter Faces Deportation Back to Government U.S. Calls Dictatorship." Mr. Yale-Loehr, who has represented military deserters seeking asylum in the United States and co-directs the asylum clinic at Cornell Law School, said that in the past those who have fled the military from governments of U.S. adversaries have been more likely to gain asylum. "If you're fleeing a government that the United States supports, like Canada, you're more likely to lose asylum," he noted. "But if you're fleeing a government like Venezuela that the United States opposes then you're more likely to win asylum, even if the facts are similar." The article is at Miami Herald.
Mr. Yale-Loehr was also quoted in the following media:
- Fox News, re reduction in migrant deaths along the U.S.-Mexico border: "I don’t know if reducing the number of deaths is or is not a deterrent to entering the Unites States—from a humanitarian perspective anything that can be done to reduce the number of deaths is to be applauded." The Fox News story
- Univision, re public charge rule (in Spanish)
- Law360, re public charge rule: Denying Green Cards Over Benefits Would Invite Lawsuits: Mr. Yale-Loehr said immigrants should not panic over the proposed rule yet. The public will have 60 days to comment. Moreover, the administration will need to review the thousands of comments it will receive before it can finalize its rule. "Even then, litigation could prevent the final rule from ever taking effect." Article available by registering at Law360.
- Marketplace, re public charge rule (available here; the story starts at about the 3:45-minute mark)