Working: H-4 Spouses Get To Take A Step Forward, But Is It A Giant One?

By Gary Endelman and Cyrus Mehta Sometimes it takes a while for a sound idea to gain acceptance.  Granting employment authorization to H-4 spouses is a good example.   In late March 2010, the authors urged In The Tyranny of Priority Dates that this be done, with or without an...

Keeping Track: Select Issues in Employer Sanctions and Immigration Compliance

By Gary Endelman and Cyrus D. Mehta The Form I-9, Employment Eligibility Verification, that was established under the Immigration Reform and Control Act of 1986 (IRCA)1 is a deceptively simple form, but it involves a most complex process that an employer in the United States has...

Keeping Hope Alive: President Obama Can Use His Executive Power Until Congress Passes the Dream Act

By Gary Endelman and Cyrus D. Mehta We are all extremely disappointed that the Senate blocked the DREAM Act on December 18. Even though a majority of the Senate voted for cloture, it was not enough. We need 60 votes for legislation to move forward, even when we have a majority of...

Don’t Get Too Comfortable: Status After the Grant of an H-1B Extension Under AC 21

By Gary Endelman and Cyrus D. Mehta The American Competitiveness in the 21st Century Act (AC 21) has been a great benefit for those whose applications for permanent residency cannot be completed before the sixth year in H-1B status. Under Section 106(a) of AC 21, an individual is...

The Enigma Of Bokhari v. Holder: Work Authorization is Not Lawful Status

By Gary Endelman and Cyrus D. Mehta It has always been known that being authorized to work in the US is not the same thing as being in a lawful status. The Fifth Circuit Court of Appeals recently issued a decision in Bokhari v. Holder, No. 09-60538, September 29, 2010,...

Boomerang: The Mosque Controversy and Other Immigration Excesses

By Gary Endelman and Cyrus D. Mehta There is growing Islamophobia engulfing the country combined with a rise in xenophobia, http://www.time.com/time/nation/article/0,8599,2011798,00.html. The Islamophobia has been unleashed as a result of the unfortunate controversy over the...

Follow the Money: What the OES Counts That You Can’t

By Gary Endelman and Cyrus D. Mehta What is the main complaint against foreign workers? Simple: They undercut American wages. How do we know that one might ask? Well, critics like Senator Charles Schumer (D-NY), who unveiled and passed HR 6080, the Border Security Emergency...

The World According to Senator Schumer: If it’s Not a Chop Shop, it’s a Body Shop

By Gary Endelman and Cyrus D. Mehta Dear Senator Schumer: We know that you and your colleagues with great aplomb approved a border security bill, H.R. 6080, that would provide $600 million in funding for putting $1,500 border security to prevent illegal immigration, which will be...

Silence in a Time of Torment: Throwing Indian IT Firms Under the Bus

By Gary Endelman and Cyrus D. Mehta A Border Security bill, H.R. 6080, which was passed by the House on August 10, 2010, proposes to add 1,500 more border officers on the US-Mexico border. It proposes to pay for their salaries and other support systems by substantially raising...

No Room at the Inn: S.B. 1070 and the Constitutional Right of Interstate Travel

By Gary Endelman and Cyrus D. Mehta In all the media frenzy over SB 1070, the extent to which Arizona has abridged the constitutional right of interstate travel has largely been overlooked. Indeed, when seeking to strike down SB 1070, the Justice Department almost exclusively...
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