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Immigration Law

Greg Siskind's Blog

Latest news related to immigration law in a simple, clear, and interesting manner by a partner in Siskind Susser's Memphis, Tennessee office who specializes in immigration matters in the healthcare and technology industries.
By Greg Siskind

Post Frequency: 25.1/day

Last Entry: March 30, 2011 at 17:55:32

WILL REAL ID ACT GO BYE-BYE?

Posted on March 27, 2008
The REAL ID Act really marked the beginning of the current ugly, anti-immigrant chapter in Congress. The 2005 law basically calls for the creation of a national ID system by requiring states to meet a number of requirements with respect to drivers licenses...

USCIS BACKS DOWN IN AHMAD CASE

Posted on March 27, 2008
Michael Maggio, the pre-eminent immigration who recently passed away, would really be proud of the work done by his firm's lawyer Thomas Ragland. And congratulations are also due to Washington Post reporter Karen DeYoung who reported on the outrageous decision in the case of Sam Ahmad and publicly shamed USCIS...

WASHINGTON POST: TIME TO ACT ON H-1B CAP CRISIS

Posted on March 25, 2008
Another major editorial, this time from the Washington Post, endorses the need for more H-1B visas: If nothing changes, America will miss out on another crop of talent this year. H-1B visas are reserved for the world's best and brightest, and barring their entry is economic self-sabotage...

COULD LACK OF H-1B VISAS TOPPLE NEW YORK'S STATUS AS GLOBAL LEADER?

Posted on March 25, 2008
In case you think H-1Bs are just for IT workers, this article should be a reality check.

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FOREIGN EB-5 INVESTORS INJECTING LIFE IN TO TROUBLED REAL ESTATE INDUSTRY

Posted on March 25, 2008
The New York Times reports on the resurgence in popularity of the EB-5 visa and how it is helping attract capital for development projects around the country.

ARIZONA PRINCIPAL FIGHTS FOR HER STUDENTS

Posted on March 25, 2008
If you want to put a human face on the story of what is happening in the state of Arizona, read about how Yvonne Watterson is fighting to salvage a future for the young people at her school who are illegally present in this country. It's easy to attack illegal immigration...

COUNTY CAN'T USE RICO TO SUE EMPLOYERS FOR HIRING ILLEGALLY PRESENT WORKERS

Posted on March 25, 2008
This case is vitally important because RICO has become an important tool being used by anti-immigrant groups to target employers and this is the first Circuit Court decision I'm aware of addressing the question. The plaintiff in the case was Canyon County, Idaho and the defendants included Syngenta Seeds, Sorrento Lactalis, Swift Beef Company, Harris Moran Seed, and Albert Pacheco...

KAREN WEINSTOCK'S H-1B BOOK IS PUBLISHED

Posted on March 24, 2008
Siskind Susser Bland Atlanta lawyer Karen Weinstock's book The H-1B Book: 2008-2009 edition has been published by ILW. This is a very comprehensive, easy to follow book with considerable analysis as well as numerous useful charts, checklists and primary source materials...

HAPPY ENDING IN VIRGINIA TUITION CASE

Posted on March 24, 2008
Recently, I wrote about the case of a Virginia high school student denied in state tuition at the University of Virginia because his parents are illegally present in the US (despite the fact that the student was born in the United States and is a US citizen)...

YES, WE HAVE NO TOMATOES TO SELL

Posted on March 24, 2008
A major Northeastern tomato producer announces it's shutting down because of the loss of labor and the difficulty in sponsoring workers for visas.

IRAQI TRANSLATOR DENIED GREEN CARD BASED ON KURDISH PARTY MEMBERSHIP

Posted on March 23, 2008
After 9/11, Congress toughened provision barring the admission of people not only who had engaged in terrorism, but who were members of organizations deemed to be terror groups. This is important and obviously necessary to protect the country. The problem is when you have a bureaucracy carrying out the law combined with a system that often takes years to correct problems, tragic results ensue...

SANCTUARY CITIES FOR CRIMINALS

Posted on March 22, 2008
As cities and states rush to sign 287(g) agreements with Immigration and Customs Enforcement to allow their police forces to become immigration enforcement agencies, unintended consequences are starting to emerge. Namely, criminals are becoming emboldened in targeting illegally present immigrants...

WALL STREET JOURNAL: MORE VISAS, MORE JOBS

Posted on March 22, 2008
As we hear the grim predictions from folks like Alan Greenspan that the US may be heading in to the worst economic downturn since World War II, Congress should be looking to promote free trade policies that will stimulate world economic growth rather than pushing protectionist policies that will only hurt our economy...

NEW SOCIAL SECURITY NO MATCH RULE RELEASED

Posted on March 21, 2008
Download nomatchsnprm_0308.pdf Here it is after months of waiting. I'm pouring through it now and will shortly post a detailed summary.

TIMES REPORTS ON USCIS SEX FOR GREEN CARDS SCANDAL

Posted on March 21, 2008
Several of you have linked to this really outrageous story from this morning's New York Times front page. Were it only a one time incident, it would be easy to dismiss as a bad apple. But this is not the first time I've reported on a scandal like this on this blog...

MY H-1B CAP FAQ

Posted on March 21, 2008
The ABC's of Immigration - The H-1B Cap It's a rather long post, but here is my detailed FAQ on the new H-1B cap incorporating changes announced March 19, 2008 in a new USCIS regulation. On October 1, 2003, the allotment of H-1B visas provided annually by Congress dropped from 195,000 to 65,000...

USCIS TO CONDUCT NATURALIZATION INTERVIEWS ON NIGHTS AND WEEKENDS

Posted on March 21, 2008
Good.

SUMMARY OF PROPOSED NO-MATCH RULE

Posted on March 21, 2008
In August 2007, a long awaited "no-match letter" regulation from US Immigration and Customs Enforcement was released. It quickly was challenged in court and the rule was barred from taking effect by a federal district court. Today, DHS released a proposed rule that makes very few actual changes to the previously released rule and instead attempts to address procedural questions raised by the court in its preliminary injunction...

TWO MORE H-1B BILLS INTRODUCED

Posted on March 20, 2008
HR 5642, introduced by Representative Lamar Smith (R-TX), would raise the H-1B cap to 195,000 for this year and next. HR 5634, introduced by Representative Patrick Kennedy (D-RI), would exempt from the H-1B cap individuals who receive Ph.D.s within the three year period preceding the application...

BREAKING NEWS: STATE DEPARTMENT CONFIRMS ILLEGAL SEARCH OF OBAMA PASSPORT FILE

Posted on March 20, 2008
NBC News is reporting this stunning development. The breach was at the Bureau of Consular Affairs, the same part of the State Department that handles visa processing. Three contract workers have been fired so far. You'll no doubt be hearing a lot more about this soon.

SENATORS DEMAND ANSWERS ON NATURALIZATION DELAYS

Posted on March 20, 2008
Why does an application that now costs twice as much to file as this time last year take twice as long to adjudicate? This and other questions are being asked by Democrat power Senators Kennedy, Schumer and Leahy.

USCIS ANNOUNCES KEY H-1B CAP PROCESS CHANGES

Posted on March 19, 2008
Many of you are getting ready to file H-1B cases. USCIS has sent a new rule for publication which will makes several important announcements: Employers are barred from filing duplicate H-1B applications for the same employee (even if the petitions are for different positions)...

SLOVAKIANS, HUNGARIANS AND LITHUANIANS SOON TO GET VISA WAIVER PROGRAM

Posted on March 17, 2008
Slovakia, Hungary and Lithuania sign deals with the US to make it possible to travel to the US without a visa.

OUR MODERN IMMIGRATION SYSTEM

Posted on March 17, 2008
Reader Will Coley sent this funny (and sadly too true life) video about efficiency at USCIS). Enjoy and thanks Will.

ESTONIA AND LATVIA ON THE WAY TO BECOMING VISA WAIVER COUNTRIES

Posted on March 17, 2008
DHS states in a press release that they should be in the Visa Waiver Program by year's end. This follows the announcement from last month that the Czech Republic would get this status as well. These are the first countries coming in under the new rules which provide special considerations for countries assisting in the war on terror.

INTEL CHIEF WARNS MORE JOBS TO BE SHIPPED OVERSEAS IF VISAS ARE NOT FREED UP

Posted on March 17, 2008
Intel's chief says the company could send ALL of its jobs overseas, but that it has the desire to stay here and employ Americans. But if they're handcuffed by antiquated visa rules, they may be left with no choice.

ARIZONA CITY SEEKS MOAT TO SECURE MEXICO BORDER

Posted on March 16, 2008
Add your own punchline.

COLORADO AND ARIZONA CONSIDERING GUEST WORKER PROGRAMS

Posted on March 16, 2008
The mess gets messier. States are not allowed to enforce immigration laws, yet they're passing one law after another that are bound to be held unconstitutional. Now two states that have effectively chased all the workers out of their states are in a serious bind and are trying to create their own visa programs to allow in guest workers...

USCIS SETS GOAL OF APPROVING 930,000 APPLICATIONS IN TIME FOR PEOPLE TO VOTE THIS YEAR

Posted on March 16, 2008
The pressure from Congress and the public appears to be paying off.

VIRGINIA OFFICIALLY MAKES CHILDREN OF IMMIGRANTS SECOND CLASS CITIZENS

Posted on March 16, 2008
So much for the Equal Protection Clause in the US Constitution. And basic decency. American-born, US citizen children who have spent ever day of their lives in Virginia are not going to be eligible for resident tuition at state universities if they cannot prove their parents are in the US legally...

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