Musings on Immigration

Yesterday we focused on the shortcomings of the "Gang of 8's" Four Pillars of Immigration Reform.  Let's take a look now at Utah Senator Orrin Hatch's new Immigration Innovation Act of 2013 or "I-Squared Act of 2013 (S.169) (now that a catchy little ditty of a title, no?)  Frankly, this is exactly what an immigration reform bill should look like if it is serious about making America competitive into the 21st century.  Senator Hatch's office released a summary, which I have paraphrased: Employment-Based Nonimmigrant H-1B Visas This bill Increases H-1B cap from 65,000 to 115,000 immediately. And, it establishes a market-based H-1B escalator, so that the cap can adjust — up or down — to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move):  If the cap is hit in the first 45 days when petitions may be filed, an additional 20,000 H-1B visas will be made available immediately. If the cap is hit in the first ...

There has been much made of the Immigration Reform Proposal put forward by the "Gang of 8," a bi-partisan group of Senators seeking to "solve" the immigration problem in which we find ourselves. President Obama says he support most of these principles.   But the solution proposed by these well-meaning Senators will not really fix our Immigration System, and this solution may very well make our immigration problems worse. The "Gang of 8" is made up of  Sens. John McCain (R-Ariz.), Chuck Schumer (D-N.Y.) (Richard Durbin (D-Ill.), Robert Menendez (D-N.J.), Michael Bennet (D-Colo.), Lindsey Graham (R-S.C.), Marco Rubio (R-Fla.) and Jeff Flake (R-Ariz.).  Potentially there is some really good immigration reform proposal that could come from these specific Senators.  What most folks don't realize is that the "Gang of 8" has NOT introduced any actual legislation!  All we have so far is an "outline" of what they believe an immigration bill...

Many people have been patiently awaiting comprehensive immigration reform for many years.   They have been lulled to sleep by legislative inactivity, politicians’ broken promises, political posturing, and constant baseless rumors of change that have given rise to hopes that come crashing down time and time again when nothing comes to fruition.   To those that have been lulled to sleep, it is time to wake up!   I know you have been duped into thinking things would change in the past, but now, more than ever, there is real reason to believe that reform is coming!   Don’t be caught sleeping when the laws change.   Be prepared. There are several key things that you can do to prepare for changes to come.   Though nobody really knows what exactly reform will look like, there are several common-sense things that you can do to get ready: ·         Meet with a reputable immigration attorney NOW .   When you consult with...

The attributes that motivate an immigrant to leave behind the familiar surroundings of home and pursue a better life in another country, often at considerable risk of personal loss, are akin to the attributes of an entrepreneur who takes the initiative to pursue new business ventures, often at considerable risk of financial loss.  Stated another way--immigration is an entrepreneurial act. It is therefore not surprising that immigrants to the United States and their children have made some of the most significant contributions to the U.S. economy.  Consider these findings from a recent report published by the Partnership for a New American Economy : More than 40% of the 2010 Fortune 500 companies were founded by immigrants or their children.   Fortune 500 companies founded by immigrants or children of immigrants employed more than 10 million people worldwide. The Fortune 500 companies that boast immigrant or children-of-immigrant founders have com...

"Our journey is not complete until we find a better way to welcome the striving, hopeful immigrants who still see America as a land of opportunity; until bright young students and engineers are enlisted in our workforce rather than expelled from our country" - President Obama, Inaugural Address, January 21, 2013. In one simple and lofty sentence, President Obama made a commitment to make comprehensive immigration reform a priority.  Again.  He has enacted some positive measures on behalf of the immigration community.  He allowed ICE to use discretion to deport those that pose a real threat to American society.  He finally created a provisional waiver for families that have been truly afraid of not coming back to the United States if they leave for an immigrant visa interview abroad.  He created a program for the immigrant youth who were brought to the United States, through no fault of their own, to stay in the United States with a work permit, provided th...

There is a great deal of confusion about the new provisional waiver regulation published by the Obama administration. Let's be clear, this new regulation is nothing more than a locational change in waiver processing, with the benefit being a much shorter separation time between loved ones. Now, let's get into the details! What Does It Mean? The waiver we are talking about is the waiver that is needed to be forgiven of the immigration offense of "unlawful presence."  Unlawful presence occurs when someone is not in lawful status in the United States, regardless of their mode of entry.  Typically, individuals who come into the US with a visa, retain a right to process for permanent residence in the United States, IF they are married to a U.S. Citizen, or have U.S. Citizens children over the age of 21.  Those individuals who entered the U.S. without inspection (those who came illegally), cannot obtain permanent residence in the United States, even if they are marri...