USCIS H-1B Lottery Process Will Remain Unchanged for the Following Year

USCIS H-1B Lottery Process Will Remain Unchanged this Year

Written by Taher Kameli & Chathan Vemuri In what is sure to be welcome news for H-1B visa applicants, the US Citizenship and Immigration Services ( USCIS ) announced that the H-1B electronic registration and lottery process for this year would be identical to that of last year, as opposed to the Trump administration’s proposal to make the lottery of H-1B visas dependent on wage levels for H-1B positions.[1] Under the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions rule (Modification Rule), H-1B application cases would have been prioritized according to the

President Trump Seeks to Suspend Entry of Immigrants Who will Financially Burden the U.S. Healthcare System

Trump to Suspend Entry of Immigrants who Burden U.S.

Written by: Taher Kameli, Esq. President Trump has blamed immigrants for many problems in the United States.  Therefore, it probably should come as no surprise that President Trump has now generally associated immigration with one of the key issues in the upcoming Presidential election – healthcare coverage.  President Trump now seeks to suspend the entry of immigrants who will financially burden the United States healthcare system. On October 4, President Trump issued, “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” (the “Proclamation”).  The

Federal court Bars ICE From Issuing Certain Detainers Based on Deficient Electronic Databases

Written by: Taher Kameli, Esq. In making arguments about immigration, it is often said (by both pro-immigration and anti-immigration advocates) that the immigration system is broken.  Apparently, this statement may be literally true. A recent case highlights this issue, as a Federal court has barred U.S. Immigration and Customs Enforcement (ICE) from issuing certain detainers (arrest requests) based on deficient electronic databases. ICE’s “Secure Communities” program is believed to be responsible for 70% of all ICE arrests.  A significant portion of those arrests arises from detainers issued solely on the basis of electronic databases. 

Federal Court Blocks Trump Administration’s expanded “Expedited Removal” Deportation Policy

Federal Court Blocks “Expedited Removal” Deportation Policy

Written by: Taher Kameli, Esq. While Congress (or at least the House of Representatives) is perhaps now showing some opposition to President Trump on the issue of impeachment, Congress has not been able to block the anti-immigration policies of the Trump administration.  Instead, it has been the judicial branch of government, rather than the legislative branch of government, which has been more effective in opposing the Trump administration on the issue of immigration. As another example of the judiciary ruling against an immigration policy of the Trump administration, on September 27, 2019, a Federal court

Trump Administration Resumes “Medical Deferred Action” Program

Trump Resumes “Medical Deferred Action” Program

Written by: Taher Kameli, Esq. Given the anti-immigration policies of the Trump administration, it has been the rare case when there is positive news coming from the Trump administration on an issue affecting immigrants.  Since Donald Trump became President, it seems that the only good news for immigrants is when a Federal court steps up to block a policy of the Trump administration. There are also very few instances of the Trump administration reversing course and changing its mind about an anti-immigration policy.  However, as an exception to the above, there is a favorable development

Top U.S. Asylum Official Reassigned As Part Of Trump Administration’s Anti-Asylum Policies

U.S. Asylum Official Reassigned As Part Of Trump Policies

Written by: Taher Kameli, Esq. Asylum has been a basic feature of the U.S. immigration system for immigrants seeking humanitarian refuge in the United States.  Asylum has been under attack by the Trump administration, including President Trump’s comment in a speech that “[t]he asylum program is a scam”.   As further evidence of this attack on asylum, the top U.S. asylum official has been reassigned as part of the Trump administration’s anti-asylum policies. According to an email sent to U.S. Citizenship and Immigration Services (USCIS) staff on September 4, John Lafferty, who had

USCIS Announces Publication of New Rule That Significantly Revises Eb-5 Program

Eb-5 Program Revised Significantly from USCIS New Rule

Written by: Taher Kameli, Esq. Under the EB-5 program, immigrants who invest $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 generally can qualify to receive a green card, and permanent lawful resident status, in the United States.  As the EB-5 program has been popular, the announcement in January, 2017 that new regulations would be issued concerning the EB-5 program drew significant attention.  After well over 2 years, the wait for these new regulations is finally over.  On July 23, U.S. Citizenship

Albence Selected to Be New Head Of ICE

Matthew Albence Selected to Be New Head Of ICE

Written by: Taher Kameli, Esq. Could the selection of a new person to head U.S. Immigration and Customs Enforcement (ICE) signal a change in the Trump administration’s approach on immigration?  Specifically, could the selection of a new person to head ICE represent a departure from the harsh, anti-immigration policies of the Trump administration? Unfortunately, the selection of Matthew Albence to be the new head of ICE likely will only lead to even more adverse policies harming the rights of immigrants. In an April 11 email to ICE staff, Acting ICE Director Ronald Vitiello

Denver Mayor Protests Legal Immigrants Being Denied Citizenship for Marijuana Jobs

Legal Immigrants Denied Citizenship for Marijuana Jobs

Written by: Taher Kameli, Esq. Oswaldo Barrientos emigrated to the United States from El Salvador when he was a baby 29 years ago.  He received his green card at age 13 and currently remains a legal immigrant in the United States. Barrientos has no criminal record and a stable job.  Does he seem like the type of person who should be rejected when he applied for US citizenship? You probably would think no, but unfortunately such is not the case.  Barrientos in fact was recently denied US citizenship, and told that he “lacked moral character”, because

Immigrants who engage in “marijuana related activities” may be denied U.S. Citizenship

Citizenship denied to Immigrants involved in marijuana

Written by: Taher Kameli, Esq. Do you regard people who use marijuana, solely based on their marijuana use, as lacking “good moral character”?  Probably not, but unfortunately, U.S. Citizenship and Immigration Services (USCIS) has adopted a different position.  Under a “Policy Alert” issued on April 19 by USCIS, a person who engages in certain “marijuana-related activities” may be considered to not have “good moral character” and thereby may be denied U.S. citizenship. To become a naturalized citizen of the United States, an immigrant must demonstrate that he or she had “good moral character” for