Thank You, Immigrants! by Timothy Bakken

globe-967305_1920.jpg

Trump’s racist remarks about immigrants deserve all the condemnation they are getting. They also provide an opportunity to remind everyone about the benefits immigrants from ALL countries bring to the United States. As this summary of demographic trends shows, America is changing, largely as a result of immigration and largely toward greater diversity, tolerance, and vibrancy. America is defined by immigration and the infusion of new talent, culture, customs, and energy immigrants bring to our country. Reactionary ignorance won’t change these trends. Thank you, immigrants!

Read the full story here

Timothy R. Bakken
Founder

2018 Employment-Based Immigration Overview and Likely Impacts on U.S. Businesses by Timothy Bakken

toronto-2183706_1920.jpg

A series of articles nicely describes the current state of the employment-based immigration environment in the U.S., the outlook for 2018, and responses from U.S. high tech businesses and employees.

First, requests for additional evidence and denials of H-1B Petition are at an all-time high. In fact, the CIS denied more than twice as many H-1B petitions in November 2017 compared to the same time last year. Second, Bloomberg summarizes expected trends in employment-based immigration in 2018, including increased enforcement and increased scrutiny of all immigrant and nonimmigrant petitions filed by U.S. employers. Finally, U.S. tech companies are increasingly looking to Canada as a base of operations due to Canada’s more welcoming and more easily navigable employment-based immigration system. 

Timothy R. Bakken
Founder

Trump Continues to Threaten Hard-working Immigrants and their Families by Timothy Bakken

new-orleans-1458296_1920.jpg

According to the latest reports, Trump is planning to eliminate the option for work authorization for spouses of H-1B nonimmigrants. President Obama implemented this spousal work permission option almost 3 years ago in the interests of family unity, economic opportunity, and strengthening of America’s place in the high tech, global economy. Without the rule, U.S. companies could very well lose crucial employees who will leave their existing jobs in the U.S. or refuse to take jobs in the U.S. Trump’s continued attacks on U.S. employers using the H-1B program does not make good economic sense.  The reports also mention Trump’s professed desire to reevaluate the H-1B program and limit eligibility in order to “increase focus on truly obtaining the best and brightest foreign nationals”.  Speaking from my own experience as an attorney practicing U.S. immigration law for more than 25 years, I can say without reservation that the companies I have represented are always looking for the best and the brightest and if they cannot find qualified U.S. workers they will use lawful avenues to hire foreign nationals such as the H-1B program.  When U.S. employers hire foreign nationals through the H-1B program, the individuals they hire include highly trained, educated, and experienced professionals often with multiple degrees and advanced degrees in engineering, computer science, biology, chemistry, economics, accounting, finance, mathematics, and the list goes on and on.  These people have often already contributed to the U.S. by attending U.S. colleges and universities and when they work with permission based on H-1B status, they contribute on a daily basis to their U.S. employers, their communities, their particular industries, and the entire country. They pay taxes, send their children to American schools, volunteer in their communities, and live the same kinds of lives as we all do.  More often than not, they go on to become lawful permanent residents and eventually U.S. citizens.

Timothy R. Bakken
Founder

Inefficient and Wrong-Headed Work Visa Crackdown by Timothy Bakken

pexels-photo-373543.jpeg

This article describes what I am seeing in my direct experience in the world of U.S. business immigration. The CIS is issuing excessive requests for additional evidence even where an applicant is seeking an extension of an existing status with no changes in the underlying job duties, job location, or conditions of employment. Granted, the law properly requires petitioning companies and applicants to establish eligibility for the requested status. But, the current administration has issued guidelines that encourage CIS officers to demand more and more evidence of obvious facts (and give more leeway to deny petitions). One particularly egregious and comical example from my own practice: The CIS asked my client, a huge, well-known airline, to prove it was an existing business as part of its H-1B petition for a financial analyst. The petition was approved but only after unnecessary expense and time spent proving facts that are common knowledge to any living, breathing person. These new interpretations of existing law and regulations are inefficient and wasteful and contradict any professed goal of streamlining government bureaucracy. And, to be clear, I wholeheartedly support a crackdown on unscrupulous companies that abuse the H-1B program or any visa program. The current administration’s new rules and unreasonable interpretations of existing laws and regulations do not effectively address visa fraud because they treat law-abiding companies with long histories of closely following immigration law the same as companies that abuse the system.

Timothy R. Bakken
Founder