The Department of Labor’s New H-1B Wage Hike Rule Faces Overwhelming Legal and Empirical Challenges

H-1B Wage Hike implemented by Trump Administration
Oct30

Written by Taher Kameli & Chathan Vemuri The Trump administration caused an uproar among employers when it implemented its Interim Final Rule on October 8th, 2020 substantially increasing the amount in wages to be paid to employees who held H-1B visas in an attempt to pressure employers to drop them in favor of a domestic American workforce.[1]   In addition to boosting wages to pressure employers to look domestically for employees, it also changed the requirements for an H-1B visa by looking not simply for a college degree but specifically for degrees in “specialty occupations”

October 30, 2020
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Trump’s New Final Rule for the H-1B Visa and How It Helps Stifle Work-Based Immigration

Immigration Work-Based visa H-1b Changes Employment
Oct16

Written by Taher Kameli & Chathan Vemuri A recurring talking point from the Trump Administration has been that “illegal immigration” 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 2017,

October 16, 2020
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EB-5 To The Rescue

EB-5 TO THE RESCUE by Taher Kameli
Oct09

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

October 9, 2020
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Ninth Circuit Supports Lifting Injunctions Against Trump Administration’s “Public Charge” Rule

Anti-immigration Policies Enforced by Trump Administration
Jan04

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 of

January 4, 2020
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New Inspector General Report Raises Concerns with Internal Operations at Department of Homeland Security

DHS Inspector General Report Raises Concerns
Dec20

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, and

December 20, 2019
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Trump Administration Starts Sending Certain Asylum Seekers to Guatemala

Asylum Seekers Sent to Guatemala by Trump Administration
Dec10

Written by: Taher Kameli, Esq. It often seems that there is no limit to the policies that the Trump administration will propose to limit immigration to the United States.  Not only does the Trump administration implement its anti-immigration policies in the United States, but it also works with other countries to restrict immigration to the United States.  As an example of the Trump administration using other countries to help implement its anti-immigration policies, pursuant to an “Asylum Cooperative Agreement” signed by the United States and Guatemala, on November 19, the Trump administration started sending certain asylum

December 10, 2019
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Trump Administration is Considering Significant Increase in Fees to Appeal Immigration Cases

Trump is Increasing Fees to Appeal Immigration Cases
Oct21

Written by: Taher Kameli, Esq. It would not be a surprise to see that the Trump administration has simply decided to ban all immigration to the United States.  While such is not yet actually the case, it seems that, with its continuing policies that are adverse to immigrant rights, the Trump administration is moving in that direction.  As another potential example of the anti-immigration policies of the Trump administration, the Trump administration is considering a significant increase in the fees to appeal immigration cases. As reported by buzzfeednews.com on September 17, the Trump administration (from

October 21, 2019
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District Court Judge Reinstates Nationwide Injunction Blocking Trump Administration’s New Asylum Restrictions

Trumps Asylum Restrictions Blocked by Nationwide Injunction
Oct11

Written by: Taher Kameli, Esq. The U.S. federal governmental system is based on 3 branches of government – the executive (the President), the legislative (the Congress), and the judicial (the federal courts).  On immigration issues, during the Trump administration, with Congress taking little action, it generally has been the executive branch (President Trump) vs. the judicial branch (federal judges).  This “executive vs. judicial” battle has arisen on the issue of asylum, with the latest development being that a District Court judge has reinstated a nationwide injunction blocking the Trump administration’s new asylum restrictions. On July

October 11, 2019
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El Paso Immigration Court Accused Of “Culture of Hostility” Toward Immigrants

El Paso Immigration Court Accused Of “Culture of Hostility”
May27

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.

May 27, 2019
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Federal Judge Stops Trump Administration’s “Remain in Mexico” Program

“Remain in Mexico” Program Stopped Trump Administration
May20

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 an 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

May 20, 2019
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