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C.T.LEE & Associates Blog

Corey Lee Law - NYC Immigration Attorney > C.T.LEE & Associates Blog (Page 4)

A Brewing Crisis: Immigration Services Sharply Delayed

FEBRUARY 08, 2019 According to a recent study by the American Immigration Lawyers Association (AILA), the processing times for US Citizenship and Immigration Services (USCIS) has increased by 46% since the start of the Trump Administration. Additionally, this decrease has occurred in spite of the fact that 2018 saw fewer visa petitions than previous years.These delays are causing ripple effects throughout the immigration process, hurting both business trying to get skilled labor, and potential visa holders trying to obtain legal status in the US. An assessment by the Houston Public Media showed that there had been additional strain...

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Be Aware! H-1B Visa Rules are Changing!

FEBRUARY 04, 2019 Late last month, the Department of Homeland Security announced a rule change to H-1B petitions, with a specific focus on those eligible for the advanced degree exemption. According to the USCIS announcement, the rule change “…reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption, and it introduces an electronic registration requirement for petitioners seeking to file H-1B cap-subject petitions.”USCIS Director Cissna claimed that the rule changes were meant to give those with graduate degrees a better chance of selection during...

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Another Fake University Sting Leads to 8 Arrests

JANUARY 30, 2019 The University of Farmington, a proud institution in Farmington, MI, is no more.Or, to be more correct, it never was.That’s because the university was actually part of a major sting operation by the federal government to identify people helping ‘students’ stay in the US illegally. The university had no staff or faculty, no classrooms, and no campus. Instead, recruiters conspired with undercover US agents to allow for people to enter or stay in the US under student visas through admission into the fake college, in exchange for fees and kickbacks. Eight different “recruiters” have since...

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Are Visas Restricting Job Mobility for Foreign Workers?

JANUARY 28, 2019 Significant numbers of workers enter the US every year on a variety of work visas, including the H-1B program for specialty workers, the O-1 program for extraordinary ability workers, and the J-1 program for professors and research scholars, as well as many other programs. These visa processes are often long, complex, and require a fair amount of elbow grease from both the employers and the employees. As a result, its fair to wonder if workers in the US on those visa programs are “trapped” at their jobs, or if they have as much worker mobility...

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Name Americanization: Economic Payoff vs Cultural Identity

JANUARY 25, 2019 “Americanization” is a process by which immigrants to the United States attempt to integrate with the local culture. In many cases, immigrants have chosen to “Americanize” their birth names to ones that are more traditionally or popularly American, such as changing “Hans”, “Johan”, and “Ivan” to the more American name “John”. Often, this was done with the intention of making it easier to succeed economically, as anti-immigrant economic bias has existed in the United States since its inception.But what are the economic rewards to name Americanization? A study conducted by a team of researchers based...

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How is the H-1B Quota Impacting Immigration?

JANUARY 22, 2019 The H-1B visa program is a well-known, popular way for companies to fill skill-shortage positions in the United States with foreign labor. The program, which has been around since the early 1990s, has had dramatically different “caps” on the number of visas allowed in a given year since its inception. These caps have ranged from 65,000 in the early years to a peak of 195,000 in the early 2000s, before going back down to 65,000 in 2004.But what have the implications of these different caps been? How has changing the number of visas accepted impacted...

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Brain Drain is the Name of the Game

JANUARY 18, 2019 “Brain Drain” has often been a concern for those who study immigration and its impacts. Put simply, brain drain refers to the movement of highly skilled workers and intellectuals, like doctors and scientists, out of a country to the point that it harms the origin country’s productivity. Historically, brain drain could happen as a result of prosecution or discrimination, such as the influx of Jewish scientists from Germany to the US in the early 1900s. In the modern day, however, most brain drain is likely driven by simple economic incentives: scientists can make more money...

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Should H-1B Visas Be Randomly Allocated?

JANUARY 15, 2019 The H-1B Visa program, in its current design, has one notable feature: visas are allocated randomly, by a lottery system, to those who are eligible for it. This is in part because there is a cap on the number of visas that may be approved in a given year, to help control the amount of legal immigration and employment opportunities for natives. But, what are some of the consequences of this system, and is an alternative a better solution for visa allocation?Chad Sparber from Colgate University examined the possibility of a merit-based allocation system for H-1B...

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How Will the Government Shutdown Impact Visa Requests?

JANUARY 11, 2019 With the US Government currently facing one the longest shutdowns in its history and with no sign of a deal between President Trump and Congressional Democrats, it is fair to wonder how this will impact the government agencies handling immigration requests.The good news for potential immigrants and visa holders is that the US Citizenship and Immigration Services are *mostly* unaffected. The USCIS stated in a newsletter that their “offices will remain open, and all individuals should attend interviews and appointments as scheduled” and noted that they “will continue to accept petitions and applications for benefits requests…”....

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Is H-1B Critically Flawed and Can We Fix It?

JANUARY 07, 2019 H-1B is an often criticized and controversial immigration program, attempting to address a shortage of skilled workers in the US. But does the H-1B program achieve this goal appropriately, and if not, what are potential solutions?Sam Trimbach, Managing Editor of the Journal of International Law and Business,argues that not only does the program fall short of its goals, but it inadvertently perpetuates the problem it is attempting to solve. In his article, “Giving the Market a Microphone”, Trimbach notes that the H-1B program is intended to address a temporary shortage of skilled workers until the domestic...

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