Immigration Blog

How Employers Game H-1B for Cheap Labor

By John Miano, February 21, 2017

The Dallas Morning News provides a good example of how employers game the H-1B program for cheap foreign labor. The authors wrote:

But critics of the visa program point to examples of how IT consulting firms use the visas to find cheaper labor: Outsourcing firms

The reality is the Dallas Morning News provided a typical example of how companies other than "outsourcing firms" use H-1B for cheap labor but the newspaper missed the significance of what they had. Read more...

Further Considering the Restrained Executive Order

By Dan Cadman, February 21, 2017

Buckets of printer's ink have been spilled and thousands of megabytes are floating around cyberspace regarding the decisions of the district and circuit courts imposing a "temporary" restraining order (with no end date) that stops the Trump administration from carrying out the visa suspension executive order. Read more...

Some Things Trump Can Do on H-1B

By John Miano, February 20, 2017

I previously posted a somewhat tongue-in-cheek statement of what Donald Trump could do on H-1B. That proposal was an Obama-Lite. Where Obama claimed authority that did not exist, my example illustrated what was possible using ambiguities in the statute and Chevron deference.

It is becoming clear that President Trump only intends to do things administratively that are explicitly authorized by Congress. Here is a sample of things President Trump can do administratively to address the H-1B visa cesspool. Read more...

Why I'd Like to "Round Up" Members of the Media for a Good Talking to on Immigration Coverage & Terminology

By David Seminara, February 19, 2017

Am I the only one who is troubled by the fact that a huge percentage of our august press corps habitually uses the term "rounded up," rather than "arrested," "detained," or "apprehended" to describe enforcement actions against migrants suspected of being in the country illegally? For example, take a look at this tweet from the Associated Press on Friday: Read more...

Liberal Judges Meet Section 214b of the INA

By David Seminara, February 17, 2017

In upholding the suspension of Trump's executive order to temporarily ban refugees and travelers from seven predominantly Muslim nations, the U.S. Court of Appeals for the 9th Circuit isn't simply guilty of judicial overreach. It has also demonstrated a deep ignorance of U.S. immigration law, and how visa screening works at an operational level at embassies and consulates around the world. It appears as though the Trump administration will unveil a new executive order, perhaps as early as next week, but this shouldn't be necessary and I'm afraid that the courts have now established a very dangerous precedent by conferring due process rights for citizens of other nations who have never before had them. Read more...

SPOOF: Democrats Thank GOP for Sending EB-5 Money to Blue States

By David North, February 17, 2017

While the letter that follows is imaginary, the facts in it are rock solid.

Dear Majority Leader McConnell and Speaker Ryan:

I am writing to you on behalf of the Democratic Party to thank you for protecting and prolonging the EB-5 (immigrant investor) program, which has brought disproportionate amounts of urban investment money to the blue states.

Your Olympian ability to overlook the fact that twice as much EB-5 money goes to blue, rather than red, states is admirable as you have presided over the continuing resolutions that have kept this extremely controversial program alive. Read more...

Update on Challenge to H-4 Employment Rule

By John Miano, February 16, 2017

A couple of people have asked about the status of the challenge to the rule giving employment authorization to H-4 spouses of H-1B visa holders. There seems to be a lot of misinformation going around about it.

The brief schedule and oral argument date had been set in the D.C. Circuit Court of Appeals. All that has happened is that the government requested and was granted a delay in the case. The government has been doing the same for a number of immigration-related cases. Read more...

H-1B Opiate Has Thwarted Advancement in Software Engineering

By John Miano, February 16, 2017

Over the weekend I did an interview with blogger Stefan Molyneux. Like myself, Stefan worked in software development. So we got to talk shop.

After that interview, I thought that I might try to explain the why of H-1B. That requires a look at the state of the software industry. Read more...

The EB-5 World: Much Ado About a Lot

By David North, February 16, 2017

While our attention has been drawn to various immigration initiatives by the new White House, and the attacks thereon, a lot of things have been happening rather quietly in the world of the EB-5 (immigrant investor) program. For example:

  • Sen. Chuck Grassley (R-Iowa), chair of the powerful Judiciary Committee, who has been valiantly trying to reform the program, has decided that it is beyond redemption and has joined Sen. Dianne Feinstein (D-Calif.) in calling for its termination.

  • The Washington Post, in a lead editorial the other day, agreed with the two senators.

  • Joop Bollen, who was in charge of South Dakota's disastrous part of the EB-5 program, has pled guilty in a sweetheart deal with the state that gave him two years probation and a $2,000 fine. Thus he got off nearly unscathed while saving the state's establishment from embarrassments that might have accompanied a trial.

Our Cybersecurity Depends on Somali H-1Bs?

By Dan Cadman, February 15, 2017

I was browsing the opinion pages of the Daily Caller when I came upon this article: "Congress May Become Judge of Trump's Immigration Order", by Megan Barth, who is described as the founder of ReaganBaby.com, whatever that might be.

Reading it, you might readily conclude that she is a flack for Big Tech — Google, Microsoft, Facebook, Apple — since the gist of the opinion piece is that Congress should consider Trump's order in the course of its business (and, by implication, overturn it legislatively) because it's incommodious to those companies' reliance on the H-1B temporary foreign worker program.

Ms. Barth makes some preposterous statements in her discourse. Here's a sampling: Read more...