The Effect of President Obama’s Executive Action on Immigration
In this podcast, Robert Whitehill and Catherine Wadhwani detail the potential impact of President Barack Obama’s Immigration Accountability Executive Action in resolving the nation’s immigration issues.
Download the podcast and transcript.
New Year’s Eve Immigration Musings
Partner Robert Whitehill takes a look back at the significant changes that occurred in U.S. immigration law during 2013.
Download the podcast and transcript.
Immigration Concerns for Foreign Medical Residents
Partner Robert Whitehill highlights the legal issues and occasional risks that foreign medical residents pursuing their medical careers in the United States may confront on their pathway to permanent residency.
Listen to the podcast.
Immigration View Blog - View Blog
U.S. immigration law comprises a system of highly complex, intricate, many-layered statutes, regulations, informal agency materials and policies which are often influenced by the current political climate. Anyone attempting to navigate this system needs attorneys well versed in the nuances of this multifaceted process. Join our experienced immigration bloggers as they provide regular updates for employers on the full gamut of immigration issues ranging from hiring, compliance and employment best practices to the latest developments in visa news and coverage of significant immigration-related decisions, as well as practical advice to ease the immigration process.
Recent Blog Posts
- Ugly Rumors The American Competitiveness in the Twenty First Century Act of 2000 (AC21) has provisions that extend H-1B visas beyond the 6-year limit for those in the process of becoming US lawful permanent residents. AC21’s Section 106(a) allows H-1B extensions in 1-year increments beyond the 6-year limit if a labor certification, immigrant visa petition (I-140) or employment-based adjustment of status (I-485) application was filed more than 365 days prior to the expiration of the H-1B status. Section 104(c) of the statute allows 3-year... More
- Feeling Lucky? This may be the last chance to participate in the lottery. Not the Powerball Lottery that recently topped $700,000,000, but the Diversity Lottery that will provide 50,000 immigrant visas in fiscal year 2019. The Diversity Lottery (DV) is for immigrants from countries with historically low rates of immigration to the US. Although the proposed RAISE Act would eliminate the DV program, at least for now it is still alive and well. On September 7, 2017, the Department of State announced... More
- H-1B for Computer Professionals – New Developments In the last few days, there have been a number of government announcements concerning the popular H-1B Temporary Worker status. Of course, these announcements come after this year’s crop of new H-1B visa applications have been sent to USCIS. Some of the linked announcements are warnings and others are disquieting. What does all of this mean? The Department of Justice cautions that employers seeking H-1B visas may not discriminate against US workers. The focus is on H-1B workers whose employment intentionally displaces... More
- Travel Ban During H-1B Season Words matter. The words of President Trump as President of the United States and as candidate Trump have been heard by the Courts, not of public opinion, but of the U.S. District Court of Hawaii. In the Court Order enjoining the implementation of the Administration’s second travel ban Executive Order, the words “Muslim Ban” used by Mr. Trump and his surrogates were found to be a true and impermissible purpose of the ban. That provides some relief for the citizens... More
- Travel Ban Revisited: New Executive Order Targets Only 6 Countries The Trump Administration issued a revised Executive Order on travel with an apparent desire to survive a court challenge by modifying some of the elements that judges found troubling in the January 27 travel ban. Copyright: pigprox / 123RF Stock Photo Issued March 6, the new ban, captioned “Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States,” has an effective date of Thursday, March 16 — allowing a 10-day window for foreign nationals, federal agencies and others to... More
- Federal Appeals Panel Upholds Injunction Blocking Trump’s Immigration Ban A unanimous three-judge panel has rejected the Trump Administration’s bid to revive a travel ban that would have blocked most travel into the United States by natives of seven Middle Eastern and African countries – Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. For businesses, universities, individuals and others potentially affected by Trump’s executive order, the situation remains far from certain because the government has vowed to take the fight to the U.S. Supreme Court. In its Feb. 9 ruling, the Ninth... More
- Trump Suspends U.S. Entry by Nationals of Seven Predominantly Muslim Countries An executive order titled “Protecting the Nation from Terrorist Attacks by Foreign Nationals” is expected to be issued on Jan. 26, 2017 and will have the immediate effect of blocking entry into the United States by anyone born in seven named countries – including lawful permanent residents who are natives of those countries. President Trump says in the draft text: “I hereby find that the immigrant and non-immigrant entry into the United States of aliens from (… Iran, Iraq, Sudan, Somalia,... More
- Immigrant Registrations Obsolete and Active One of the possible weapons that could have been used to target certain immigrants, especially Muslim immigrants, was removed from the Immigration Regulations of the Department of Homeland Security on December 23, 2016. NSEERS, National Security Entry-Exit Registry System, was a post-9/11 reaction to terrorist attacks on our country. Under the NSEERS program, approximately 90,000 non-immigrants in the US from 25 different countries were required to report to Immigration (then INS) and be personally interviewed to determine if they were in... More
- Efforts to Address Immigration Anxiety As people digest the possible immigration changes of a new administration in Washington, there is an effort to calm the anxiety. Today, President Obama issued a statement that is aimed at “DREAMers” who have had the opportunity to come out of the shadows, secure a legal status, including employment authorization and a driver’s license by virtue of the DACA (Deferred Action for Childhood Arrivals). DACA is based on executive action and may be done away with by a new administration. Mr. Obama... More
- Immigration… One Week After. It’s hard to write about the immigration consequences of the election in a non-political way. Campaign rhetoric makes millions of immigrants and millions more citizens anxious. The immigrants include people who are undocumented and those who are documented, new arrivals, longtime residents and prospective immigrants to the US. Most of the immigration-related campaign themes of President-elect Donald Trump concern undocumented and criminal immigrants, refugees and potential terrorists…not employment-based immigration for documented immigrants. “Building a wall” is both literal and figurative. ... More