By Gary Endelman Now that the H-1B cap for FY 2012 has been reached as of November 22nd, the question presents itself for our consideration: Where do we go from here? Are there ways to improve the H-1B? In an ideal world, the Congress would either raise the cap or […]
Beware of What You Wish For: Is “The Fairness for High-Skilled Immigration Act” Really A Good Idea?
By Gary Endelman On October 28, 2011, the House Judiciary Committee approved a proposal brought forward by Tea Party favorite Congressman Jason Chaffetz (R-UT) with the support of Rep. Zoe Loefgren (D-Cal), an ardent advocate for more immigration, and Rep. Lamar Smith (R-TX), not previously known for his pro-immigration stands. […]
Can Martinez v. Mukasey survive a Supreme Court decision in Vartelas v Holder?
By Gary Endelman My guru on the law of removal, the learned Salvador Colon of Houston, is worried. Why you ask? It is because he wonders if the Fifth Circuit decision in Martinez v. Mukasey can survive a future Supreme Court ruling in Vartelas v Holder. Now, this may seem […]
By Gary Endelman It has been a long time since the Illegal Immigration Reform and Immigrant Responsibility Act (“IIRIRA”) introduced the concept of “admission” now codified at INA Section 101(a)(13)(C) yet arguments have continued to rage as to what it means and who has the burden of proof when it […]