Hours before he takes the oath of office, President-Elect Joe Biden released details of the immigration bill his administration will send to Congress. The fact sheet distributed by his office reveals a bold bill that provides a pathway to citizenship for 11 million undocumented people in the US, with priority for Dreamers, TPS holders and immigrant farmworkers. The bill seeks to make more visas available and expand migration opportunities for Science, Technology, Engineering and Mathematics graduates.
Outstanding reporting by Tanvi Misra in Roll Call last week uncovered memos that state that U.S. Citizenship & Immigration Service has “stopped” processing applications for residence. While we have not seen the memos at issue, we are going to try to piece together what it means. In our opinion, it is not as nefarious as it seems, though it sure is bad. Let’s start with this basic premise: this administration is resolutely and completely anti-immigrant.
Nearly every discussion I have with someone who is opposed to immigration eventually includes my opponent saying something like this: “I am not against immigration. I am against illegal immigration. I have no problem if immigrants come here legally.” I have always had a strong skepticism of this particular position. Most anti-immigrant people are unaware how limited the options for legal immigration are. Most anti-immigrant people are unaware of backlogs, priority dates, age-outs, one year filing deadlines, stop-time rules, and the fact that, for many people, THERE IS NO LINE.
Our client of the month for September 2016 is Flora Estrada Amador, a hard-working, kind-hearted woman from Honduras who waited over 20 years to become a permanent resident (“green card” holder) of the United States. Flora first came to the United States in the mid-90s as an A-3 personal employee of a diplomat. She then received Temporary Protected Status (“TPS”) for Hondurans in 1999 and left her position with the diplomatic family.
The proposed expansion of the I-601A provisional waiver of inadmissibility due to unlawful presence has finally become a reality. The President announced the expansion of the waiver as part of his November 2014 suite of executive actions designed to ameliorate the harsh results of strict enforcement of U.S. immigration laws. Of course, the heart of those reforms was deferred action for the parents of U.S. citizens, which remains delayed by an injunction imposed by a Texas judge which the Supreme Court punted on.
We are thrilled to introduce you to Dr. Aparna Pande, our April 2016 Client of the Month and a new permanent resident. Several months ago, we obtained an EB-1 approval for Dr. Pande as an outstanding researcher in the field of international politics of South Asia. Dr. Pande is the Director of the Initiative on the Future of India and South Asia at the Hudson Institute.
Just before Thanksgiving, we filed suit in federal district court against U.S. Citizenship and Immigration Services (USCIS) on behalf of a hospital staffing services company. Our lawsuit challenged the agency’s denial of an H-1B specialty occupation visa to a foreign physician whom the company sought to employ to care for patients in a low-income, medically underserved area. This is a story of why litigation matters, and why suing the government is sometimes the only way to achieve a just outcome.
Our Client of the Month for November 2014 is Vani Kulkarni, who recently become a permanent resident as an individual of extraordinary ability. Dr. Kulkarni is a globally recognized sociologist who has performed research and taught at Ivy League universities and leading institutions of education across the earth. One professor of sociology from Yale University wrote of Dr. Kulkarni that there is “no other scholar in the U.S.
Our clients, Sudipto Banerjee and Somasree Dasgupta, are our clients of the month for September 2013. In August, the CIS informed the couple that their applications for adjustment of status to residence has been approved. The approval came approximately three months after the CIS also decided that Dr. Banerjee is an outstanding researcher in the field of labor economics. Dr. Banerjee is a researcher with the Employee Benefits Research Institute, an organization engaged in research of issues affecting retirement, savings, and health programs.
As predicted by many in the profession, the H-1B filing cap was reached today. On one hand, this is good news because reaching the H-1B cap this early into the season is an indicator that the economy is rebounding. This has been the shortest application period to date in the past five years. However, this means that all applications filed through today will be subject to a lottery– a computer generated random selection process for all applications that were received through today, as in April 5, 2013.