Trump’s New Final Rule for the H-1B Visa and How It Helps Stifle Work-Based Immigration

Written by Taher Kameli & Chathan Vemuri   A recurring talking point from the Trump Administration has been that “illegal immigrants” allegedly steal jobs from American workers.[1] He has consistently tried to link illegal immigration (however tenuously) to detrimental changes in the U.S. by pointing to the performance of the U.S. economy and the job market.[2] In the early days of his campaign, he was very clear that, in his view as well as that of his supporters, immigrants were “taking our jobs…our manufacturing jobs…[and] our money.”[3] Since taking office in

EB5 To The Rescue

EB5 To The Rescue

Written by Taher Kameli America needs help, here comes EB5? The “EB-5 Program” refers to employment-based immigration under section 203(b) of the Immigration and Nationality Act (codified as 8 U.S.C. § 1153(b)).  The EB-5 Program has been in existence since the 1980’s, and until recently, long-term stakeholders in the community thought that they had seen it all. But with the pandemic continuing to impact every sector of the U.S. and global economy, industry experts are now required to speculate as to how the EB-5 Program will be impacted. Based on this introduction, one would expect the next couple paragraphs to outline

How The Department of Labor’s New Definition of “Independent Contractors” Can Wrongfully Exclude Workers From Federal Labor Protections

Independent Contractors

  Written by Taher Kameli & Chathan Vemuri In what could be seen as a boon to employers, the U.S. Department of Labor issued a proposed regulation setting out a new definition of who was or was not an “independent contractor.”[1] This regulation, if approved and finalized, would make it easier for employers to classify much of their workforce as “independent contractors” and be excused from providing them labor protections under the Fair Labor Standards Act.[2] On the other hand, however, it may affect the security of workers as they could lose considerable protections and benefits if

Challenge to Employer-Friendly Joint-Employer Final Rule

  Written by Taher Kameli & Chathan Vemuri The Department of Labor (“DOL”) under the Trump Administration granted what was seen as an administrative boon to employers when it issued its Final Rule on joint-employer status under the Fair Labor Standards Act (FLSA) in January of this year.[1] And yet since its passage, it has caused nothing but controversy as to the hurdles it causes for workers in terms of holding employers accountable for violation of their rights under existing labor laws.[2]   As part of the FLSA, employees can hold two or more employers jointly and severally liable for