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3, 2021, in what is sure to be welcome news for H-1B applicants, United States Citizenship and Immigration Services rescinded the 2017 Policy Memorandum PM–602-0142 that it previously issued under the Trump administration.[1] Under the 2017 Policy Memorandum, the USCIS discarded the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

President Biden Reinstates Deferred Enforced Departure for Eligible Liberian Nationals in the U.S.

Liberian Nationals Eligible for Deferred Enforced Departure

Written by Taher Kameli & Chathan Vemuri At the very beginning of his term in office, President Biden has put immigration reform at the top of his agenda, passing a series of executive orders challenging and even overturning President Trump’s immigration policies.[1] Be it rescinding the Muslim travel ban or restoring DACA, the Biden administration has made impressive gestures towards repairing an immigration system affected by the Trump administration’s more exclusivist hardline policies.[2] One particular change of note is the President’s revival of the Deferred Enforced Departure program.[3] This program, which covers around 4,000

Trump administration intends to end use of in-person interpreters at certain immigration hearings

Trump Administration Intends to End In-Person Interpreters

Written by Taher Kameli & Chathan Vemuri  At one time, the famous words associated with the Statue of Liberty – “Give me your tired, your poor, your huddled masses yearning to breathe free” – truly exemplified the attitude of the US government toward immigrationHowever, under the Trump administration, these words would appear to describe the immigration policies of another country, as the Trump administration takes action on a regular basis to restrict the rights of immigrants. This point was evidenced again by the news that the

The Supreme Court’s Confirmation of SEC’s Disgorgements in Liu v. SEC

Confirmation of SEC’s Disgorgement in Liu v. SEC

Written by Taher Kameli & Julie Seong A recent the United States Supreme Court decision confirmed that the Securities and Exchange Commission (SEC) can seek disgorgement of ill-gotten gains as an equitable remedy in SEC enforcement actions in federal court. Liu v. SEC was a case involving the SEC and married couple Charles Liu and Xing Wang, who was ordered to pay the $26.7 million they had collected from immigrants and misappropriated. On June 22, 2020, the Supreme Court’s Liu v. SEC ruling upheld the Securities and Exchange Commission’s ability to recover ill-gotten gains from those who commit financial

2 Federal Courts Issue Decisions to Block Use of Pentagon Funds for President Trump’s Border Wall

BLOCK-PENTAGON-FUNDS-FOR-BORDER-WALl by Taher Kameli

Written by: Taher Kameli While President Trump has announced many anti-immigration policies as President, probably his most well-known anti-immigration policy is to construct a wall at the United States southern border.  Yet, despite President Trump’s frequent calls for a border wall, various Federal courts have opposed certain actions by the Trump administration designed to help build the border wall. As further evidence of the statement in the preceding sentence, 2 Federal courts have recently issued decisions to block the use of Pentagon funds for President Trump’s border wall. On December 10, in the case of

Ninth Circuit Supports Lifting Injunctions Against Trump Administration’s “Public Charge” Rule

Anti-immigration Policies Enforced by Trump Administration

Written by: Taher Kameli, Esq. In many cases, the only obstacle to the various efforts by the Trump administration to enforce anti-immigration policies has been the Federal judiciary.  However, Federal courts certainly have not ruled in favor of immigrant rights in each case. As an example of a recent Federal court decision in favor of the Trump administration’s anti-immigration policies, the Ninth Circuit supports lifting injunctions against the Trump administration’s “public charge” rule. Announced in August and due to take effect on October 15, the Trump administration’s “public charge” rule would amend U.S. Department

According to New Inspector General Report, United States Lacked Technology to Track Separated Families under Trump Administration’s “Zero Tolerance Policy”

Zero Tolerance Policy & Lack of Technology to Track Families by Taher Kameli

Written by: Taher Kameli, Esq. It is often said that the United States immigration system is broken.  Unfortunately, there are many different examples, from different perspectives and in different contexts, that can support this statement.  As one example of this statement, according to a new inspector general report, the United States lacked the technology to track separated families under the Trump administration’s “Zero Tolerance Policy”. In year 2018, the Trump administration, through the Department of Homeland Security (“DHS”), adopted its “Zero Tolerance Policy” – the prosecution of all adults illegally entering the United States. 

Humanitarian Aid Volunteer Scott Warren Found Not Guilty of Harboring Unauthorized Migrants in Arizona

Scott Warren Not Guilty of Harboring Unauthorized Migrants

Written by: Taher Kameli, Esq. One may think that helping those in need is doing a good deed.  However, apparently in the eyes of the Trump administration, when those in need are unauthorized migrants, helping them can constitute a Federal crime. Notwithstanding this apparent perspective of the Trump administration, on November 20, humanitarian aid volunteer Scott Warren was found not guilty of harboring unauthorized migrants in Arizona. Warren, a volunteer for the humanitarian aid group, “No More Deaths”, was arrested on January 17, 2018 by Border Patrol agents.  The Border Patrol agents had been surveilling

New Inspector General Report Raises Concerns with Internal Operations at Department of Homeland Security

DHS Inspector General Report Raises Concerns

Written by: Taher Kameli, Esq. The Trump administration is often criticized for its anti-immigration policies.  Apparently, another immigration issue about which the Trump administration can be questioned is how the government agencies that enforce immigration policy internally operate.  Specifically, a new inspector general report raises concerns with the internal operations at the Department of Homeland Security (“ DHS ”). The inspector general report, titled, “Major Management and Performance Challenges Facing the Department of Homeland Security”, was issued on November 13.  The report states, “Based on our recent and prior audits, inspections, special reviews,

Oregon Federal Judge Issues Nationwide Preliminary Injunction Against Trump Administration Policy Denying Visas to Immigrants Who Cannot Show Proof of Health Insurance

Oregon Federal Judge Issues Preliminary Injunction

Written by: Taher Kameli, Esq. Among the 3 branches of the Federal government during the Trump administration, immigration policy generally has been characterized by inaction by the legislative branch, anti-immigration policies by the executive branch, and opposition to the executive branch by the judicial branch.  As another example of the opposition to the Trump administration’s anti-immigration policies by the Federal judiciary, an Oregon federal judge has issued a nationwide preliminary injunction against the Trump administration policy denying visas to immigrants who cannot show proof of health insurance. On October 4, President Trump issued, “Presidential