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

EL PASO IMMIGRATION COURT ACCUSED OF “CULTURE OF HOSTILITY” TOWARD IMMIGRANTS

Written by: Taher Kameli, Esq. A recent report by the American Bar Association described the US immigration courts as “facing an existential crisis . . . irredeemably dysfunctional and on the brink of collapse”.  Besides requiring a major overhaul for inefficiency, the US immigration courts may suffer from another fundamental problem – bias against immigrants. This point was made in an administrative complaint filed yesterday by the American Immigration Council and the American Immigration Lawyers Association with the US Department of Justice with respect to the El Paso, Texas Service Processing Center immigration court. According

FEDERAL JUDGE STOPS TRUMP ADMINISTRATION’S “REMAIN IN MEXICO” PROGRAM

Written by: Taher Kameli, Esq. The US government consists of 3 branches – an executive branch (the President and his administration), a legislative branch (the Congress), and a judicial branch (the courts).  Because of the anti-immigration policies of President Trump and his administration, and the general inability of Congress to reach agreement on immigration legislation, it has largely been left to the courts to protect immigrant rights.  This point was again evidenced on April 8 when Federal District Court Judge Richard Seeborg in San Francisco issued a preliminary injunction against and stopping President Trump’s Migrant Protection

DIFFICULTIES FOR ASYLUM SEEKERS SUBJECT TO TRUMP’S “REMAIN IN MEXICO” PROGRAM FINDING EFFECTIVE LEGAL REPRESENTATION

Written by: Taher Kameli, Esq. There are many difficulties that asylum seekers to the United States face in trying to achieve effective legal representation.  Language barriers and the financial burden of paying legal fees to a knowledgeable, experienced immigration attorney are just 2 of the problems that asylum seekers must confront.  However, those asylum seekers to the United States subject to President Trump’s Migrant Protection Protocols program (known as the “Remain in Mexico” program) must address additional special difficulties in obtaining effective legal representation. Since late January, pursuant to the “Remain in Mexico” program, the

DACA FLIGHT ATTENDANT DETAINED FOR MORE THAN A MONTH FROM RE-ENTERING UNITED STATES

Written by: Taher Kameli, Esq. Selene Saavedra Roman has lived in the United States for 25 years (since she was 3), is a graduate of Texas A&M, is married to a US citizen, has no criminal record, is trying to obtain permanent resident status, and left the US for purposes of her job as a flight attendant.  Does it seem reasonable to detain a person such as Ms. Roman from re-entering the US when she returns to the US in connection with her job?  While the answer to this question should be no, unfortunately, because Ms. Roman’s US immigration rights are

SUPREME COURT APPROVES BROADENED GOVERNMENT POWER TO DETAIN CRIMINAL IMMIGRANTS

Written by: Taher Kameli, Esq. If you oppose President Trump’s immigration policies, did you vote for Hillary Clinton in the 2016 presidential election?  One effect of President Trump being elected is that he is able to appoint Supreme Court justices who share his harsh views on immigration.  This point was evidenced in the March 19 Supreme Court decision in the case of Nielsen v. Preap (Case No. 16-1363), which held that the government has a broad right to detain immigrants with past criminal records under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA of

U.S. Permanent Residency through Employment-Based Visa Categories: Far from Unfeasible

Written by: Taher Kameli, Esq. Trump’s stringent immigration policy running afoul of America’s long-standing tradition of embracing immigrants is widely known across the globe. Anti-immigration policies as the centerpiece of Trump’s agenda through which U.S. major issues could allegedly be resolved have stoked concerns among foreign nationals. In such an unwelcoming climate, individuals with outstanding academic and professional profile as well as investors (qualifying for the EB-1, EB-2 NIW and EB-5 categories) may view U.S. permanent residency unachievable

Can the 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. The EB-5

Some U.S. Visas have significantly furthered the U.S. national interests

Written by: Taher Kameli, Esq. Immigration  is one of the hot topics nowadays with Trump’s administration instituting a zero tolerance policy on immigration issues. The anti-immigration approach helped put him in the White House, some allege. Despite Donald Trump’s false belief that the current immigration system has undermined the national interests of the country and thus, merits comprehensive reform, extensive research and literature prove otherwise. U.S. visas such as the J-1 (as a non-immigrant visa), EB-1, EB-2 NIW and EB-5 visas have all been beneficial to the United States. A number of benefits offered by some U.S.