The USCIS Rescinds Stringent Professional and Educational Requirements for H-1B Petition Adjudications in Response to Ninth Circuit Challenge

USCIS Rescinds Stringent Requirements for H-1B Petition

Written by Taher Kameli & Chathan Vemuri On February 3, 2021, in what is sure to be welcome news for H-1B applicants, United States Citizenship and Immigration Services rescinded the 2017 Policy Memorandum PM–602-0142 that it previously issued under the Trump administration.[1] Under the 2017 Policy Memorandum, the USCIS discarded the US Department of Labor’s (DOL) classification of occupations covered by the H-1B program, specifically rejecting the DOL’s requirement that positions within that particular classification of H-1B occupations required only bachelor’s degree in computer science or a related field for entry.[2]   The USCIS also disagreed

Supreme Court Allows President Trump to Access Certain Department of Defense Funds to Build Border Wall

Supreme Court Allows Trump to Access Funds to Build Wall

Written by: Taher Kameli, Esq. While the Federal judiciary often has been viewed as the best hope to protect immigrant rights against the anti-immigration policies of the Trump administration, concern has been expressed about whether the Supreme Court can in fact serve in this role.  The argument is that the recent appointments of Justice Neil Gorsuch and Justice Brett Kavanaugh to the Supreme Court by President Trump will give the Supreme Court a conservative bent that will cause it to support the anti-immigration policies of the Trump administration.  As one decision that appears to support

Federal Courts Issue Different Rulings on Trump Administration’s Effort to Significantly Restrict Asylum Protection

Trump Efforts to Restrict Asylum Protection Significantly

Written by: Taher Kameli, Esq. The Federal judiciary has frequently been relied on to block the anti-immigration policies of the Trump administration.  However, as with any litigation, there is no guarantee as to how any Federal judge will rule on any specific immigration law issue.  This point was made abundantly clear on July 24 when 2 Federal courts issued different rulings on the Trump administration’s effort to significantly restrict asylum protection for migrants. These 2 cases involved lawsuits against the new rule of the Trump administration (published in the Federal Register to be effective

New Eb-5 Regulations Near Publication May Significantly Modify Eb-5 Requirements

New Eb-5 Regulations May Modify Eb-5 Requirements

Written by: Taher Kameli, Esq. The EB-5 program has been a popular vehicle for immigrant investors to obtain green cards, and status as a permanent lawful resident, in the United States.  Under the EB-5 program, by investing $500,000 in a project located in a “targeted employment area” (generally rural areas and areas with high levels of unemployment) (“TEA”) that creates 10 full-time jobs, the immigrant investor generally can obtain a green card.  Persons interested in the EB-5 program should note that new regulations are near publication that may significantly modify the requirements of the

ICE Intending to Assess Thousands Of Dollars In Fines On Some Undocumented Immigrants

ICE Intending to Assess Thousands Of Dollars In Fines

Written by: Taher Kameli, Esq. It should come as no surprise to anyone that the Trump administration wants to take adverse action against undocumented immigrants. The latest such example is in the area of financial penalties. Following an executive order by President Trump, U.S. Immigration and Customs Enforcement (ICE) is intending to assess thousands of dollars in fines on some undocumented immigrants. Shortly after taking office, on January 25, 2017, President Trump signed an executive order authorizing “the assessment and collection of all fines and penalties that the Secretary is authorized under the law to assess and collect from aliens

Supreme Court At Least Temporarily Blocks Trump Administration from Adding Citizenship Question To The 2020 Census

Supreme Court Blocks Citizenship Question on 2020 Census

Written by: Taher Kameli, Esq. On any number of issues affecting immigrants, the Federal judiciary has blocked anti-immigration efforts by the Trump administration.  Generally, these actions by Federal judges have come at the District Court and Court of Appeals levels. However, on June 27, the Supreme Court also acted against an anti-immigration policy of the Trump administration, at least temporarily blocking it from adding a citizenship question to the 2020 census. The case (Department of Commerce v. New York, Docket No. 18-966) arose from the decision in March, 2018

Federal Judge Blocks ICE from Making Courthouse Arrests of Undocumented Immigrants In Massachusetts

Judge Blocks ICE from Making Courthouse Arrests of immigrant

Written by: Taher Kameli, Esq. Given the anti-immigration policies of the Trump administration, it would not be wrong to characterize Federal judges as the “BFF” of immigrants in the United States.  On numerous immigration issues, the decisions of Federal judges have been critical to safeguard the rights of immigrants and restrict the actions of the Trump administration.  Another example of a Federal judge protecting the rights of immigrants occurred on June 20, with the decision of U.S. District Court Judge Indira Talwani to block U.S. Immigration and Customs Enforcement (“ICE”) from making courthouse arrests

Illinois Becomes First State to Ban Private Immigration Detention Centers

Illinois to Ban Private Immigration Detention Centers

Written by: Taher Kameli It has been said that in the face of Congress’ general inability to reach an agreement on immigration issues, and President Trump’s anti-immigration policies, only the judicial branch of government appears to be available to protect immigrant rights. However, such a statement ignores another part of our overall government system – the states. That the states can support immigrant rights was evidenced on June 21 when Illinois Governor JB Pritzker signed a bill under which Illinois became the first state to ban private immigration detention centers. The bill, HB 2040 (the “Private

“Public Charges” – Increasingly Used by The Trump Administration To Support Visa Denials

“Public Charges” – Used by To Support Visa Denials

Written by: Taher Kameli, Esq. There seems to be no end to the arguments being used by the Trump administration to restrict immigrant rights.  An increasingly used strategy by the Trump administration is to argue that a visa should be denied because the immigrant would become  “ public charges ”.  Based on how the Trump administration interprets the term, “public charge”, an increasing number of immigrants, especially Mexicans, are being denied visas to the United States. “Public charge” is a term used by U.S. immigration officials to refer to a person who is

Can the EB-5 Investment Capital Be Acquired Through a Gift or Loan?

EB-5 Investment Capital Be Acquired Through a Gift or Loan?

Written by: Taher Kameli, Esq. The EB-5 Immigrant Investor Program dating back to 1990 continues to be an attractive route to U.S. citizenship and the participation rate for the program has remained high among foreign investors. Importantly, almost 40,000 EB-5 petitions have been filed with the United States Citizenship and Immigration Services (USCIS) over the past three years. Since its inception, the EB-5 program has proven to be beneficial to the U.S. economy as well. It has truly emerged as a vital source for job creation and has helped stimulate the U.S. economy.