Current Posts


July 28, 2014 | Permalink
The growing humanitarian crisis at our southern border, where thousands of children from Central America are showing up alone after making a treacherous, 2,000-mile journey, is just the latest manifestation of a long-standing pattern of migration from Latin America to the United States. The causes are numerous, including poverty, unemployment, corruption, ineffective government institutions, and gang violence fueled by the drug trade, among other reasons. Such a complex problem with multiple causes must necessarily be addressed through a multi-pronged approach. From our perspective as practitioners of employment-based immigration law, we would like to suggest that, in addition to other initiatives aimed specifically at the current crisis, creating an effective guest worker program for lower-skilled workers could play an important role in curbing further unauthorized migration to the United States, including the migration of unaccompanied minors. read more
June 18, 2014 | Permalink
A new report by the bipartisan Partnership for a New American Economy has found that the denial of H-1B visas for foreign computer technology professionals has caused a significant loss of job and wage growth for U.S.-born tech workers. The report, entitled “Closing Economic Windows: How H 1B Visa Denials Cost U.S.-Born Tech Workers Jobs and Wages During the Great Recession,” drew on data from a naturally-occurring randomized sample: the 2007 and 2008 H 1B visa lotteries. read more
May 19, 2014 | Permalink
Increased enforcement activity by the Securities & Exchange Commission (SEC) against individuals and companies involved in the fifth employment-based (EB-5) immigrant investor visa program is a welcome development for prospective participants in the program. The EB-5 program can be a boon both to wealthy foreigners seeking U.S. permanent residence and to economic development in the United States. But while the relevant federal regulations focus on the integrity of the individual foreign national seeking permanent residence through investment (such as requiring documentation that the funds to be invested were lawfully gained), the government’s recent efforts to root out fraud highlight concerns about foreign investors being cheated by individuals and entities offering fraudulent investment opportunities, and indicate the federal government’s willingness to do something about it.

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March 24, 2014 | Permalink
Earlier this month, the U.S. Supreme Court denied petitions for writs of certiorari and thus declined to review decisions of the Third and Fifth Circuit Courts of Appeals, respectively, which struck down immigration-related ordinances in the towns of Hazleton, Pennsylvania and Farmers Branch, Texas. See City of Hazleton, Pa. v. Lozano (U.S. Mar. 3, 2014), and City of Farmers Branch, Tex. v. Villas at Parkside (U.S. Mar. 3, 2014). In deciding against hearing the two towns’ appeals, the Court left intact the circuit court rulings which had found these local laws to be preempted by federal law. read more
March 17, 2014 | Permalink
The Canadian federal government’s recent announcement that it was terminating two key visa programs for immigrant investors has left many foreign investors with the need to explore other jurisdictions for immigration and investment opportunities. Along with recent improvements in the American EB-5 immigrant investor visa program, this development may help make the United States a more attractive destination for wealthy foreigner citizens with capital to invest. read more