On March 13, 2014, President Obama called for a review of the Department of Homeland Security's (DHS) enforcement practices. However, this week he announced that he would delay this effort until summer's end if Congress does not pass legislation in the remaining few legislative sessions before then. Hoping to extend an olive branch to the more restrictionist GOP House members, the President is hoping to give them a window of opportunity to take up immigration reform legislation in the coming … [Read more...]
Immigration and Firm News
The H-1B cap situation is even worse than last year, which means employers are continuing to hire. USCIS announced today that it received 172,500 H-1B petitions for 85,000 available visas, compared to 124,000 last year. These were received at USCIS during the first week of April for the FY2015 filing season for specialty occupations with selected employees scheduled to begin work on October 1, 2014 (unless employees already have some underlying work authorization). Because the number of … [Read more...]
Immigration lawyers from around the U.S. are in Washington, D.C. today to visit their legislators asking them to vote on immigration reform proposals. Regardless of political persuasion, most people agree the current immigration system is dysfunctional and the laws need to be brought into the 21st century to meet the needs of families, businesses and the country as a whole. Immigration advocates argue that a common sense, balanced reform proposal should include: Safeguarding the borders … [Read more...]
This blog post discusses my personal reflections about the impact of the fall of DOMA on same sex couples from an immigration lawyer's perspective. I have interviewed and represented numerous same sex couples in the first quarter since the U.S. Supreme Court ruled in June 2013 that section 3 of the Defense of Marriage Act (DOMA) impermissibly violated the equal protection clause of the U.S. Constitution. In U.S. v. Windsor, the Court required the federal government to recognize same-sex … [Read more...]
Just a quick note about yet another exciting and historic moment here at the American Immigration Lawyers Association Conference in San Francisco. The Senate just passed the ""Border Security, Economic Opportunity, and Immigration Modernization Act" with a bipartisan vote of 68 to 32! This is a mixed bag bill with lots of good stuff: pathway to legalization for the undocumented, albeit a very long and arduous path, some new visas for investors and entrepreneurs, retirees and guest workers, … [Read more...]
Just a quick post before I head to San Francisco for the annual American Immigration Lawyers Association conference. S. 744 is on the way to a vote within the next few days, only now with a GOP peacemaking feature to keep the bill moving. It now contains provisions for 40,000 Border Patrol boots on the ground (anyone need a job?) and more fencing (700 miles) to the tune of $46 billion dollars (i.e., the full employment bill for government contractors providing border enforcement technology … [Read more...]
At first, it sounds so simple: If the US Supreme Court determines that the Defense of Marriage Act (DOMA) is unconstitutional, then many same-sex spouses expect to file their immigration petitions with USCIS immediately. But, I recommend caution. Getting married does not always solve a foreign national's immigration problems. In addition, the path to status is long and arduous. There is nothing speedy about it. More importantly, there are many issues to consider before rushing to file. The … [Read more...]
During the coming week, we could see two historic events: announcement by the US Supreme Court on the constitutionality of the Defense of Marriage Act (DOMA), and a Senate floor vote on S. 744, the comprehensive immigration reform bill. Both are likely to occur while this Seattle immigration lawyer and thousands of my fellow immigration lawyers from around the country will be convening at the annual American Immigration Lawyers Association (AILA) conference in San Francisco. (Something big … [Read more...]
On Tuesday, May 14, the Senate Judiciary Committee completed another round of markups to Title IV of the comprehensive immigration reform (CIR) bill, S. 744. Besides additional enforcement provisions, the Senate tackled amendments to the proposed immigration law, particularly the various nonimmigrant work visa categories. The following is a short summary, the details of which can be found here with individual amendment text here. A number of Senator Hatch's proposed amendments to the H and L … [Read more...]
Below are highlights from today's opening Senate Judiciary Committee hearing on S. 744, the "Border Security, Economic Opportunity, and Immigration Modernization Act." Overall, the Committee considered 32 amendments to Title I concerning border security. The Committee adopted 21 amendments, of which 20 were adopted by a bipartisan vote. The debate and voting can be viewed on C-Span. The Committee will meet again at 10 o'clock next Tuesday. After first approving by 14-4 the Sponsors' amended … [Read more...]