My annual missive about the tragicomedy that is the H-1B filing season is once again upon us.  I would normally dive into this with some commentary about the H-1B program, how ridiculous it is that our clients have to endure a lottery process to see if they can hire qualified foreign specialty occupation workers, explain the H-1B process, and then offer a prayer that our Congress will finally put us all out of our misery and enact real immigration reform.  (Fat chance these days … or ever!) Some might recall that last year the H-1B lottery registration process was rife with fraud. Ac ..read more

I saw an article recently in our local weekly newspaper, Saratoga Today, reporting that the Northern Border Regional Commission (“NBRC”), a federal-state partnership for economic and community development within the most distressed counties of Maine, New Hampshire, Vermont, and New York, launched their J-1 Visa Program. The program is designed to make quality healthcare accessible to rural and medically underserved areas across, for our purposes, upstate New York and the North Country.  This is actually a pretty big deal, and I would argue that it did not get nearly the attention it deser ..read more

Crimmigration, the sometimes-scary intersection between federal and state criminal laws, and U.S. immigration law. More specifically, it is a body of law that has evolved in the immigration law (e.g., statutes, regulations and court decisions) that deals with criminal offenses and their effects on someone’s immigration status. The consequences of adverse “crimmigration” results for foreign nationals, either lawfully in the United States or otherwise, including dispositions that some people would consider non-serious, can be devastating (including removal / deportation from the United States ..read more

The president of the Albany County Bar Association recently wrote an excellent article about remote work, offering his thoughts about whether it’s good or bad, and asking for others’ thoughts on the issue. Here are mine (and to make them relevant, I’m sprinkling in some tidbits to my world of employment-related immigration). Remote Work and Covid-19 There should be no debate from anyone that the Covid-19 pandemic fundamentally transformed the way people work. As businesses worldwide rushed to adapt to the crisis, remote work became the norm. Now, as the world steadily recovers from the pandemi ..read more

In a totally different context, someone recently told my wife that life is complicated.  It is, to say the least. In an era marked by globalization and the pursuit of better opportunities, for better or worse, migration has become a significant feature of modern society. New York City, often regarded as the epitome of diversity and economic vibrancy, plays a central role in this narrative (whether willingly or otherwise). Of late, New York City’s status as a beacon of hope for immigrants seeking a better life has led to a significant influx of migrants (“migrants” being the common referen ..read more

Despite being a peninsula with no direct land access to other countries, Florida – like New York – has a great deal of immigrants within its borders.  But unlike New York, Florida has a Governor (and far too many Republican legislators) who would prefer that the undocumented immigrant community in Florida not be there.  Pretty incredible to say (let alone think), considering what I write below. According to the American Immigration Council (“AIC”), more than one in five people in Florida are immigrants. Despite that the immigration law is a federal law, lawmakers in the Sunshine Stat ..read more

I know I write a lot about the H-1B visa program.  Probably too much.  But this month’s missive must be written.  In today’s globalized world, the United States continues to be one of the most sought-after destinations for skilled immigrants (even despite all the remote work opportunities that have presented themselves as a result of the Covid-19 pandemic). The H-1B visa program, designed for non-immigrant workers in specialty occupations, plays a crucial role in attracting and retaining talented professionals from around the world. And yet the process to be able to participate ..read more

In the spirit of May being Mental Health Awareness Month, I thought a short missive on the connection between immigration and mental health would be appropriate.  And when I refer to mental health, I’m speaking to both attorneys and their clients. Many years ago, I was asked to serve on a local board of directors for all the wrong reasons. They wanted a lawyer on their Board.  I, being much younger than I am now, thought that was a compliment, so I agreed. That was almost 25 years ago.  While the reason I joined that board no longer resonates with me, the reasons I have stayed o ..read more

Sometimes I just need to get up on my soapbox and speak loudly.  Having said that, I write this piece with a little trepidation.  Why?  I’ve been working in the immigration world for a long-time now, either on Capitol Hill or in private practice.  Thirty-five years to be exact.  Along the way I’ve been fortunate to meet some incredible professionals at U.S. Citizenship and Immigration Services (“USCIS”), Immigration & Customs Enforcement (“ICE”) and U.S. Customs & Border Protection (“CBP”).  These individuals do exceptional work, and I consider them my fri ..read more

It’s March 2023.  We’re a little over two years into the Biden administration, and for two of those years, the Democrats “controlled” two branches of the federal government.  I put quotes around “controlled” because it feels like a misnomer to say that given that Democratic “control” of the Senate was not all that it was cracked up to be. So, what has the administration done on the immigration front?  Well, according to Migration Policy Institute, from the President’s inauguration to mid-January 2023, the Biden administration took 403 immigration-related actions, which, if true ..read more