Extraordinary Immigrants

A recent story caught my eye because it perfectly portrays the uninformed basis of so much of the current anti-immigrant rhetoric and policy infecting our country. U.S. Senator Grassley, from Nebraska, wrote a letter to the head of the Department of Homeland Security in which he implies that Citizenship and Immigration Services (CIS) is improperly granting O-1 visas to people trying to circumvent H-1B visa restrictions. As an immigration attorney and an officer of the court, I take seriously my oath to uphold the law and I am 100% against the misuse of our immigration laws by those who commit fraud to attempt to qualify for visas to which they are not entitled. However, it is simply inaccurate to denigrate the accomplishments and talents of legitimate O-1 visa holders whom our government has determined satisfy the rigorous O-1 requirements for proving extraordinary ability in a particular field. 

Our firm frequently prepares and files successful O-1 visa petitions on behalf of clients who have demonstrated extraordinary abilities in music, art, athletics, and engineering, among other fields. Some of these clients may also qualify for other visa statuses but have legitimate reasons for selecting the O-1 category. Likewise, some individuals may qualify for O-1 status but decide to apply for a different nonimmigrant visa category for which they also qualify. I trust that the CIS and Senator Grassley understand that an individual who meets the statutory and regulatory requirements for a particular visa status should be granted that status after a careful review of the applicant’s qualifications. 

The problem with Senator Grassley’s letter is a common problem in today’s hysterical anti-immigrant climate, i.e., unfounded allegations and rumors are used to feed the false narrative that immigrants are hurting our country. Try telling that to the multitudes of highly educated and extraordinarily talented musicians, artists, engineers, authors, athletes and many others (as well as their American audiences and employers!) who have chosen to enrich our country with their unique talents.  Anti-immigrant hysteria and paranoia only weakens our country’s cultural excellence and economic prominence.

Timothy R. Bakken
Founder

DACA on Thin Ice… Again

While many had thought DACA was safe despite many of President Trump’s immigration crackdowns, not to mention Trump’s repeated assertions that DACA recipients won’t be deported, as explained by Vox, this is no longer the case. Attorneys General in several states are threatening to sue the Trump Administration to force an end to DACA. This could put the matter in the hands of Jeff Sessions, possibly the most anti-immigrant member of Trump’s cabinet. We should stop and remember that the overwhelming majority of DACA recipients came to the U.S. as very young children, have graduated from high school, have no criminal backgrounds, and are using DACA to work lawfully, attend college, support families, and contribute positively to our communities and our country. Eliminating DACA would take Trump’s harsh anti-immigrant, anti-family actions and policies to an entirely new low.

Timothy R. Bakken
Founder

Trump Continues Attacks on Innovation

Smart, ambitious immigrants want to come to the U.S. to start businesses and bring innovative, creative ideas to our country, not to mention build business that will create jobs for U.S workers.  Trump is not making it easy.  Today he announced that he will try to kill the “start-up visa” program that was due to begin next week. Read the full article from the New York Times here. 

Timothy R. Bakken
Founder

Debunking the Myth of Uneducated Immigrants

If one looks to data, rather than relying on stereotypes, the conclusion is obvious: Immigrants coming to the United States in the last 15-20 years are more highly educated and highly skilled than in the past.  Almost half of the immigrants in the U.S. between 2010 and 2015  had university degrees. 15% of immigrants hold professional or doctoral degrees, a higher percentage than for native-born Americans. Since the year 2000, the number of immigrants with a college degree has doubled. Click here to learn more about the education levels of immigrants, including links to statistical studies showing increasing education achievements of immigrants.

Timothy R. Bakken
Founder

Trump Damaging America’s Competitive Edge

This summary from CNBC is a great overview of the numerous and varied ways the Trump administration threatens to weaken our country’s long-standing competitive advantages in education, innovation, and talent. 

Timothy R. Bakken
Founder

Immigrants in Military at Risk of Deportation?

In keeping with its pattern of scapegoating immigrants, the Trump government is now considering plans to discriminate against immigrants who are, and will be, putting their lives on the line to protect America. As explained by the Washington Post in this article, over 4000 naturalized U.S. citizens currently serving in the military may face “enhanced screening”.  In addition, the Pentagon is considered canceling signed enlistment contracts of 1000 foreign born undocumented recruits with essential language and medical skills and training, thus exposing these heroic individuals to deportation.

Timothy R. Bakken
Founder