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Friday, January 31, 2014

Immigration in the 21st Century

Welcome to the Hunter, Smith & Davis, LLP Immigration Blog!

The Immigration Practice Group at Hunter, Smith & Davis, LLP, (known informally as 'HSD Immigration') is pleased to offer this source of information, commentary and insight into immigration in the 21st Century.

The hot topic of immigration is not limited to foreign nationals - it affects everyone - and it is not just an American issue.  The reality of accessible transportation and advanced communication has facilitated the migration of people all over the globe.  And some nations are dealing with it better than others.

The tragedy of the deaths of more than 80 African immigrants after their boat capsized off the coast of Italy last October brought attention to the desperate plight of persons encountering danger while seeking to escape their own dangerous or hopeless situations.  Syrians fleeing violence end up straining the resources of Jordan and neighboring states as they seek safety in refugee camps while Eastern Europeans seeking economic opportunities in Western Europe often find hostile communities there.  Immigration is a global issue.  Finding ways to accommodate the new reality of global migration is one of the great challenges of the 21st Century.

In the U.S.,  we are facing the immediate challenge of navigating between securing the border against threats to our national security while providing opportunities to persons around the world who offer a diverse mix of cultures, gifts, knowledge and experience that give the United States its preeminent character.

You will not find this blog to be a political forum for debate on the issue of immigration reform.  The reason for this is simple: it is recognizing up front that one of the few things that both parties - and their constituents - universally agree upon is that the current immigration system is dysfunctional.  What we will do along the way is help readers come to a fuller understanding as to why it is dysfunctional and identify areas for change.  There is no need to align with one political identity or another to do this.

For example, in about 2 months, immigration practitioners around the country will scramble, sweat and steer their clients through the ridiculous annual rite of the 'H-1B Games'.

[For those who do not know, the 'H-1B visa' is a popular visa for foreign professionals working in a 'specialty occupation'.  There are approximately 65,000 that become available on October 1 of each year.  Since an H-1B visa petition cannot be filed more than 6 months in advance, the first day one may apply for an H-1B visa is April 1 of each year (this is no April Fool's joke).  Unfortunately, the demand for these visas is easily twice as much as the number of available visas.  So one April 1 of each year, the FedEx and UPS trucks line up outside of the USCIS Service Centers full of H-1B petitions that everyone in the country has filed at once.]

For the past several years, because there are not enough visas to fulfill the need, the 'H-1B Games' (like the 'Hunger Games') has devolved into a 'Lottery' at which time USCIS will randomly and arbitrarily choose which professionals will get the opportunity to have their Petitions examined for a visa.  Invariably, world renowned researchers, physician specialists and other valuable talent sit out for another year while others - some less deserving, others perhaps more deserving - get an opportunity for a visa simply by the whims of chance. 

These are important developments that affect the lives of individuals, their employers and companies that rely upon employees with these specialized skills and training to excel in today's global economy.

Existing immigration laws also affect families who arrive and stay in the U.S.  One of the fundamental principles of U.S. immigration laws has been 'family unity', but the haphazard federal and state legislation and inconsistent application of laws and regulations have left many families scattered and hopeless about the chances of reunification.

At Hunter, Smith & Davis, we encounter these and many other of the myriad of immigration circumstances that affect employers, employees and families striving to contribute to the American Dream.  We are therefore in a  unique vantage point to elucidate, comment and inform you on the latest developments and issues in immigration law.

We hope you will continue to join us as we navigate these challenges moving forward into the 21st Century.  Welcome.  

Bienvinedo.

Benvenuto
Willkommen
आपका स्वागत है
Welkom
Bienvenue

                                              -Your HSD Immigration Team-










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