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Law360 (November 16, 2020, 6:12 PM EST) --

While immigration issues have been a focal point of countless U.S. presidential elections, this superficial rhetoric only serves to complicate the problem. The only solution is for Congress to act.

Much like the current state of U.S. immigration policy, its history is complicated. Even though the U.S. is known as a melting pot founded by immigrants, the country hasn't always experienced mass immigration. U.S. immigration has historically alternated between permissive and restrictive policies since the first immigration laws were enacted in the late 18th and early 19th centuries.

Until recently, those changes were always driven by Congress.

So what's changed? With so many pressing immigration issues including the Deferred Action for Childhood Arrivals policy, sanctuary cities, illegal immigration, temporary workers and restrictions in response to the global pandemic Congress has all but disappeared when it comes to meaningful changes in immigration policy.

In 1965, Congress made what are arguably the last significant changes to the U.S. immigration system to date. In the 55 years following these amendments, Congress has been relatively silent, even though several major components of the current immigration system no longer work as intended.

Presidents continue to act, or rather attempt to act, on immigration, but these are merely stopgap measures typically politically motivated attempts to pander to their base rather than effective legislative changes. As a result, U.S. immigration policy has become a political quagmire in desperate need of an update.

U.S. immigration law is antiquated and faulty. It fails to reflect our economic, social or as of recently public health concerns. The application process is difficult to navigate, the number of available employment and family-based immigrant visas isn't enough to meet demand, and the costs associated with filing applications are now reaching unaffordable levels.

In some instances, the backlog for U.S. immigration is so great that the government is currently processing petitions that were filed in the late 1990s, meaning applicants are facing delays of over 20 years.

The pandemic added a new layer of complexity to an already decaying immigration model. Pandemic-related immigration restrictions abounded in a desperate, and misguided, attempt to bolster the U.S. economy prior to a hotly contested election. Immigration restrictions were painted as an America-first path toward healing the U.S. economy, but employment shortages continued in both technology and health care.

Both are industries desperate to hire additional workers and there aren't enough skilled American workers to fill those roles. Without a congressional solution, employers will move abroad to fill empty roles, as legal immigration seekers are barred entry from communities in the U.S., in which they would buy homes, settle down and invest in local economies

One study found that H-1B visas will create an estimated 1.3 million new jobs and add around $158 billion to gross domestic product in the United States by 2045.[1] The U.S. government is essentially throwing away money and jobs that could be created by simply increasing the amount of H-1B visas allocated each year.

To make matters worse, the 85,000 lucky individuals chosen in the H-1B lottery each year are slapped with thousands of dollars in government filing and processing fees, and are subject to inconsistent adjudications by U.S. Citizenship and Immigration Services.[2]

The problem is further aggravated when individual agencies attempt to take matters into their own hands, bypassing normal legislative processes. For instance, in early October, the U.S. Department of Labor and the U.S. Department of Homeland Security published new rules in an attempt to restrict and curb the issuance of H-1B visas and employment-based green cards.

One rule significantly increased the required wage that must be paid to H-1B workers by changing an already inferior mathematical formula for computing the minimum or prevailing wage paid to the professional. Specifically, an entry-level professional H-1B status must now earn a salary paid to the 45th percentile of workers in the geographic area of that occupation, rather than the formerly assigned 17th percentile of workers.

Take the example of an entry-level H-1B professional software developer in Chicago making $70,000 annually. Where the former minimum wage rate for H-1B purposes was set at $63,190, the minimum is now $85,010.

This sudden change in wage requirements rolled out under the guise of COVID-19-related economic recovery is putting H-1B employers in an impossible position. Even more notably, this particular wage rule bypassed the regulatory review process and became effective immediately upon publication, without any input from stakeholders and businesses. Not surprisingly, lawsuits were immediately filed, and many stakeholders are hopeful for a nationwide injunction.

These are only a few of the ways Congress' lack of action has negative impact on the U.S. economy.

Politicians have a difficult time preserving U.S. jobs while maintaining the American legacy of a welcoming nation. No politician wants to campaign for more foreign workers unions, lobbyists and special interest groups would have a field day with this type of campaigning.

The fact remains, however, that a large portion of the U.S. economy, especially in the tech and medical fields, is largely dependent on foreign labor and that there are too few temporary work visas available to address the need.[3] So how do you address and fix such a complicated problem while taking all of these points into consideration? The answer is deceptively simple.

Reassess Quotas and Increase Annual Ceiling

Congress should reassess the current quota system and increase the annual ceiling on Eastern and Western hemisphere immigration. Even if the number of available family and employment-based visas was increased temporarily, it would alleviate pressure on the government agencies processing petitions and drastically reduce backlogs that are in place for those who have been approved and are just waiting for a visa to become available. It would be a win-win for everyone.

Further, the U.S. immigration law needs to contain a guest worker program, outside of the current H-2 visa program. As a nation, we need to create a system that allows temporary workers entry to provide critical agricultural services. The current procedure for this type of entry is complex, inefficient and expensive. A less formal program is needed to allow foreign nationals to enter the U.S. for agricultural and skilled labor positions while cutting down costs and inefficiencies.

Changes will be coming down the pipeline under the new Biden administration. Biden has already vowed to start work on his first day in office to reverse Trump's agenda by reuniting children and parents who were separated at the border, restoring asylum laws at the border to protect those fleeing persecution, and reversing anti-Muslim travel bans.[4]

As part of this, Biden will also immediately release a 100-day ban on deportations.[5] However, no matter what Biden has in store, Congress will be key to making those changes permanent.

To create lasting, impactful change, we need Congress to focus on fixing the system as a whole instead of relying on questionable stopgap measures implemented from the White House. Immigration issues will continue to dominate the headlines the DACA saga alone has been ongoing since 2012 because, ultimately, the power to determine the future of U.S. immigration lies with Congress. It needs to create a solution now. America can't afford to wait another 55 years.

The opinions expressed are those of the author(s) and do not necessarily reflect the views of the firm, its clients or Portfolio Media Inc., or any of its or their respective affiliates. This article is for general information purposes and is not intended to be and should not be taken as legal advice.

[1] https://www.americanimmigrationcouncil.org/research/h1b-visa-program-fact-sheet.

[2] https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2021-cap-season#:~:text=Congress%20set%20the%20current%20annual,subject%20to%20this%20annual%20cap.&text=H%2D1B%20workers%20in%20Guam,31%2C%202029; https://www.mercurynews.com/2020/07/31/h-1b-fees-to-jump-visa-dependent-firms-targeted-homeland-security-says/.

[3] http://research.newamericaneconomy.org/wp-content/uploads/2014/06/pnae_h1b.pdf; https://www.fiercehealthcare.com/healthcare/nursing-shortage-hits-crisis-levels-but-immigrant-nurses-may-provide-relief-if-they.

[4] https://joebiden.com/immigration/.

[5]https://www.washingtontimes.com/news/2020/jul/8/joe-biden-immigration-plan-grants-citizenship-11-m/.

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Congress Should Take Responsibility For Immigration Reform - Law360

November 20, 2020

This week, Arizona State UniversityPresident Michael Crow spoke about the impact of immigration on higher education institutions at the National Immigration Forums virtual conference Leading the Way 2020, a multiday conference attended by a variety of influential speakers who engaged in critical conversations about one of the most pressing challenges our country faces: immigration.

Crow sat on a panel with Dan L. Boone, president at Trevecca Nazarene University, to discuss the higher education pipeline with moderator Ted Mitchell, president of the American Council on Education.

American colleges and universities have long been at the forefront of immigration issues, said Mitchell. Whether those are issues of undocumented students, DACA students and Dreamers, or whether at the other end of the academic pipeline, with graduate students who leave American colleges and universities with newly minted PhDs and aim to enter the entrepreneurship economy and need to be able to immigrate successfully in order to do that.

ASU is at the forefront of diversity and access and is often in the news for demographic shifts in the state. Crow has experienced firsthand the unique challenges facing undocumented, DACA and Dreamer students at ASU. He related the story of a student who was in tears as he found out he was going to be deported back to Taiwan because he was an undocumented student whose parents had died.

Ive always viewed this as moral duty, said Crow. Its a moral duty for us to find a way to advance children who find their way into this democracy to full achievement. Thats been something that we have tried to do all along.

ASU serves DACA and Dreamer students from over 20 countries, and the Arizona Constitution guarantees the right of every child to have access to a free education through high school and an affordable university education.

What weve tried to do is be the warm, welcoming democracy thats built on immigration in particular, said Crow. That doesnt mean we dont need immigration policy, or immigration law, or immigration procedures. We do. But, in this case, relative to these students, were talking about people that are children. Were talking about people that need to be treated justly. And thats what we at ASU have decided to do.

Mitchell asked both panelists what advice they would have for the new presidential administration to help support DACA students, Dreamers and the universities they attend. Crow encouraged the new administration to consider their actions in context with higher educations core mission: to move students forward and build them up to succeed.

We need to be enabled and empowered to do that, said Crow. We need clear definitions, we need policies that are just and equitable, and then we also need, in the bigger picture, immigration reform so that we have a system that works. There are all kinds of ways to solve these issues; we just need to make decisions so we also need leadership.

During the COVID-19 pandemic and the related economic downturn, which has been particularly hard on university students (particularly DACA and Dreamer students), Crow said that ASU had stepped in to provide resources to help.

Mitchell asked the panelists what higher education can do to send a message to DACA students, Dreamers, undocumented students and first-generation students that they have a place in higher education and that high education institutions are there for them.

Were empowering these students and their families to help shape the outcome of our socioeconomic structure, said Crow. I tell people that the economy is only going to work if we can find talent everywhere, empower that talent and that energy and that creativity, and move it forward. If we dont do that, then we are going to be left with an underperforming economy, high social welfare costs, and high expenditures for low outcomes. Were going to be left with lots of underrealized potential, were going to be left with social instability, and possibly with social unrest. All of those things are going to be derivative. Or we can take all of this talent and all of these kids who come from families where no one has ever been to college before and these DACA kids and help all of them to move their lives forward. Thats our choice.

Top photo courtesy of pixabay.com

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ASU President Michael Crow addresses the impact of immigration on higher education - ASU Now

Clement Brown, Fall River| The Herald News

Clement Brown lives in Fall River.

There is election fraud going on!And President Donald Trumpis committing it!

Yes, Trump, the man who presumed to tell us how the country was going to vote before a single vote was cast.The man who had the gall to tell us -- in the midst of a devastating pandemic -- that we did not have the right to vote by mail, something that he has repeatedly done in the past.The man who, before any voting began, told us there would be massive fraudunlesshe won.

Trump's 2017 Commission on Election Integrity, hand-picked to find the three million instances of voter fraud he baselessly alleged took place during the 2016 election, disbanded in 2018 without issuing any findings or report and spending millions of taxpayer dollars. Now, with the help of his minions, Trump is peddling similarly made-up stories and blatant falsehoods to overturn the decisive results of the election and to ignore the peoples will.

The country has spoken loud and clear.The country is tired of Trump's chicanery.The country is tired of his lies.The country is tired of his deliberate divisiveness, the deliberate dog whistles to racism and every other kind of extreme prejudice, his deliberate demonization of any contrary view.The country is tired of his indifference to its real problems: the fast-changing weather; the crumbling infrastructure; the unhealthy health care system (after five years of promises, where is his plan?); the need for real immigration reform.The country is tired of being the laughingstock of the world.

This president has done enough damage to our government of the people, by the people, and for the people, and it is time for him to go. He has worn out his welcome.The personal qualities he prizes and epitomize -- greed, lust, pride, venality, avarice, anger, and extreme dishonesty -- no longer titillate and charm the majority of his fellow citizens.

The country is tired of it and badly in need of healing.We are in the midst of our countrys greatest health crisis in exactly one hundred years and Trump's continuing response has been to deny that it is happening and to show an utter lack of compassion for its many victims, for the hundreds of thousands affected who did not have a large team of doctors to care for them round-the-clock with the latest medicine, but instead quietly passed away.

We are sick and we need healing and all Trump hasdone is pour gasoline on the destructive fires that burn in our bellies.

The majority has spoken.The time has come for Trump to go.

Clement Brown

Fall River

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LETTER TO THE EDITOR: Sure there's fraud, but it's Trump who is committing it - Fall River Herald News

The head of the Catholic Church in Detroit has been chosen to lead a new national groupthat seeks to guide how Catholics should respond to President-elect Joe Bidenand the contentious issue of abortion.

Archbishop Allen Vigneron, who leads the Catholic Archdiocese of Detroit, was named this weekby ArchbishopJos Gomez of Los Angeles, the president oftheUnited States Conference of Catholic Bishops (USCCB), to head the new group on the last day of the bishops'annual fall meeting.

Gomez struck a conservative tone in his remarks inemphasizing abortion by saying Biden supports policies that "attack some fundamental values we hold dear." Biden spoke last week with Pope Francis in a call seen as a show of unity that was praised by liberal and moderate Catholics.

Now, the Detroit archbishop, who is also vice president of the USCCB, could play a leading role in how the Catholic Church interacts with the Biden administration on abortion and other policy issues.

Experts say the creation of the group signifies that Catholic leaders in the U.S. may be adopting a more hardline stance toward Biden, an abortion-rights Democrat who would be the second Catholic president of the U.S. and has talked often about his faith. Liberal Catholics worry it would put the church at odds with Biden, the firstCatholic elected president since John F. Kennedy.

Due to the Coronavirus Pandemic Archbishop Vigneron's service was live-streamed to the parishioners of Blessed Sacrament church in Detroit Sunday, March 15, 2020.(Photo: Kirthmon F. Dozier, Detroit Free Press)

Biden has "given us reason to believe that he will support policies that attack some fundamental values we hold dear as Catholics," Gomez said on Tuesdayduring a general assembly meeting, according to a copy of his remarks provided to the Free Press by USCCB. "These policies include the repeal of the Hyde amendment and the preservation of Roe v. Wade. Both of these policies undermine our 'preeminent priority'of the elimination of abortion. These policies also include restoration of the HHS (Health and Human Services) mandate, the passage of the Equality Act, and the unequal treatment of Catholic schools."

Gomez praised Biden on some issues, saying the "President-elect has given us reason to believe that his faith commitments will move him to support some good policies. This includes policies in favor of immigration reform, refugees, and the poor; and against racism, the death penalty, and climate change."

But he added that Biden's support for abortion rights may create "confusion" for Catholics.

"These policies pose a serious threat to the common good whenever any politician supports them," Gomez said."We have long opposed these policies strongly, and we will continue to do so. But when politicians who profess the Catholic faith support them, there are additional problems. Among other things, it creates confusion with the faithful about what the Church actually teaches on these questions."

More: Trump and Biden compete for faith communities in Michigan

More: Archdiocese of Detroit throws out 2 LGBTQ Catholic groups

"Thisis a difficult and complex situation," Gomez said. "In order to help us navigate it, I have decided to appoint a Working Group, Chaired by Archbishop Vigneron, and consisting of the Chairmen of the Committees responsible for the policy areas at stake, as well as Doctrine and Communications."

He didn't offer additional details, saying he will later provide more information.

Some observers of the Catholic Church expressed concern about the message this group may be sending at a time when Pope Francis has been trying to promote unity.

While church doctrine is pro-life, a majority of Catholics in the U.S., 56%, support abortion rights, according to a 2019 Pew Research Center survey.AnAP VoteCast survey estimates that 49% of Catholics voted for Biden and 50% voted for Trump in theelection, according to Gallup.

Archbishop Jose H. Gomez, right, of Los Angeles, with Bishop Michael F. Burbidge, left, of Arlington, Va., and Cardinal Joseph William Tobin, of Newark, N.J. Gomez says some of Biden's policy positions, including support for abortion rights, pose a "difficult and complex situation" for the church.(Photo: Steve Ruark, AP)

David Gibson, directorofthe Center on Religion and Culture atFordham University, said that "the ad hoc committee sends a bad message and will only undermine efforts to promote Catholic social policies and to cast the Catholic Church as a driver of the common good. Instead, the Catholic leadership will be seen as another polarizing wedge like so many prominent churches.

"I think the creation of this working group on Biden is a muscle memory reflex by the USCCB leadership after so many years of taking a conservative culture war approach to politics," Gibson said. "Pope Francis has appointed many bishops and cardinals who are more in his own mold of engagement and dialogue the pope called to congratulate Biden while the American bishops gird for battle with Biden, which is telling. And at least half of Catholic voters back the second Catholic to be elected president. But the bishops conference has not caught up with these shifts. Thats unfortunate, especially in this time of division."

It's unclearin what direction Vigneron will steer the group.

Since he became head of the archdiocese 11 years ago, Vigneron has struck a conservative tone at times, warning that people who support same-sex marriage should not receive Communion and the archdiocese has been cracking down on LGBT Catholic groups. In September, Vigneron drew criticism from liberal Catholics for attendinga pro-life fundraiser with former White House Press Secretary Sarah Huckabee Sanders where some endorsed Trump.

But while "Vigneron is certainly no liberal ... he is actually closer to the center than to the right wing" among Catholic bishops, Gibson said."He also doesnt strike me as someone who tosses verbal bombs the way some of his colleagues do. So Vigneron could actually be a moderating influence for this ad hoc committee."

The Archdiocese of Detroit referred questions about Vigneron's appointment to the USCCB, which sent the Free Press a copy of Gomez's remarks.

"I am dismayed by the USCCB's decision to adopt a contentious posture toward the president-elect," saidNatalia Imperatori-Lee, an associate professor of religious studies at Manhattan College in New York. "If the working group turns out to be, as I suspect, another salvo in the culture wars that uses an oversimplified notion of abortion to turn Catholics against one another, then the bishops will continue to lose moral credibility in the eyes of the faithful."

Imperatori-Lee said she is "particularly dismayed, in this statement, by the way Archbishop Gomez uses the notion of 'confusing the faithful'" when he talks about how Biden's views on abortion may confuse Catholics.

"The faithful all know what the church teaches on abortion," she said. "The 'confusion'seems to be about whether the bishops are willing to work toward the common good with someone, anyone, who considers the legality of abortion in this pluralistic country a matter of settled law. Many Catholics, if not most, want to see a decrease in the number of abortions."

Imperatori-Lee said it was "dismaying" for the Catholic bishops to create a group focusing on abortion instead of issues such as immigration, racism and economic struggles of Americans.

"When thousands of Americans are dying in a global pandemic that disproportionately affects people of color, when Central America has been decimated by consecutive hurricanes that are intensifying due to climate change, and when we see images of miles-long lines of people waiting for access to food pantries, I cannot imagine how this working group is the priority for the hierarchy of the US Church," Imperatori-Lee said."Where is their closeness to Pope Francis' priorities of care for the poor and for the earth? Of global solidarity?"

Speaking Oct. 1 at the annual Al Smith dinner with Catholic leaders, Biden said: "My Catholic faithhas helped me through thedarkness" during difficult moments in his life losing loved ones.

It has also shaped his social and political views, Bidensaid.

Throughout my life in public service, Ive been guided by the tenets of Catholic social doctrine," Biden said."What you do to the least among us, you do to me. We have an obligation to one another. We cannot serve ourselves at the expense of others. We have a responsibility to future generations."

But his abortion rights views disturb conservative Catholics, with some calling upon bishops to refuse him Communion.

It's unclear how much of an effect the group will have on individual bishops.

"Individual bishops will deal with the Biden administration as they wish, and with Biden himself as they see fit," Gibson of Fordham Universitysaid."The question of whether Biden can receive Communion, for example is up to his bishop in his home diocese in Delaware. ... Im sure both Biden and the bishops will try to avoid any confrontations over Communion."

Contact Niraj Warikoo:nwarikoo@freepress.com or 313-223-4792. Twitter @nwarikoo

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Detroit Archbishop to lead national Catholic group on Joe Biden and abortion - Detroit Free Press

MCLEAN, Va. (PRWEB) November 19, 2020

Laura Foote Reiff and Martha J. Schoonover, shareholders in global law firm Greenberg Traurig LLPs Northern Virginia office, were again listed in Washingtonian magazines 2020 Top Lawyers list. They are recognized in the magazine for their immigration work and will be featured in the Dec. 2020 issue.

According to the Washingtonian, this biennial list features approximately 650 attorneys across 17 practice areas. The list is compiled through research and nominations vetted by the publications editorial staff.

We are thrilled to once again have both Laura and Martha included in this distinguished list of top lawyers in Washingtonian Magazine, said Northern Virginia Co-managing Shareholder Michael Sklaire. This accolade is a testament to their commitment to excellence and top-notch service to clients, and we congratulate them on this well-deserved award.

Reiff Co-Chairs the Immigration & Compliance Practice and is the Co-Managing Shareholder of the Northern Virginia Office. She also Co-Chairs the firms Labor & Employment Practices International Employment, Immigration & Workforce Strategies group. Reiff focuses her practice on business immigration laws and regulations affecting U.S. and foreign companies, as well as related employment compliance and legislative issues. Reiffs practice also consists of managing business immigration matters and providing immigration counsel to address the visa and work authorization needs of U.S. and global personnel including professionals, managers and executives, treaty investors/ traders, essential workers, persons of extraordinary ability, corporate trainees, and students. She is an immigration policy advocacy expert and works on immigration reform policies.

Schoonover focuses her practice on business immigration matters and assists employers in obtaining temporary, nonimmigrant visas for business persons, managers and executives, treaty investors and traders, professionals (including researchers and scientists, engineers, computer professionals, and business professionals), exchange visitors, students, and crew members working on the Outer Continental Shelf. In addition, she assists in obtaining labor certifications and permanent resident status for professionals, researchers, multinational managers and executives and other priority workers and in obtaining and relinquishing U.S. citizenship. She represents companies facing U.S. government investigations or audits for immigration violations and prepares immigration and visa compliance programs for clients. She counsels employers on the employer sanctions and anti-discrimination provisions of the Immigration Reform and Control Act of 1986 and represents employers being audited by the U.S. Government.

About Greenberg Traurigs Northern Virginia Office: Greenberg Traurigs clients rely on the more than 50 attorneys in the firms Northern Virginia office for multifaceted, broad-based legal services. Team members primary goal is to assist clients in addressing their legal needs, locally, regionally, or on a global scale. They work collaboratively with colleagues around the region, or across to Europe, the UK, Latin America, Asia, and the Middle East. And when a matter requires it, they do not hesitate to utilize the firms full slate of cross border resources. Clients come to the Northern Virginia office for their corporate and securities matters, real estate transactions, wealth management and tax planning, business immigration compliance, labor and employment issues, litigation cases, and government contract needs, among others. Clients have included the top decision makers at tech companies headquartered in the region, as well as government contractors, health care organizations, high net worth individuals, and developers. Most of the firms Northern Virginia attorneys are admitted to practice in Virginia, Maryland, and the District of Columbia.

About Greenberg Traurigs Womens Initiative: Greenberg Traurig is committed to its women lawyers success, which includes a firmwide womens affinity group encompassing recruiting, retention, and business development. The firm regularly collaborates with like-minded organizations to address these issues on a broader scale in a variety of industries and communities. Greenberg Traurig also takes thoughtful action to address issues such as maintaining a healthy work-life balance, breaking the glass ceiling, mentoring, creating and maintaining healthy lifestyles, and giving back to the community. Twitter: @GTLawWomen

About Greenberg Traurig: Greenberg Traurig, LLP (GT), has approximately 2200 attorneys in 40 locations in the United States, Latin America, Europe, Asia, and the Middle East. GT has been recognized for its philanthropic giving, diversity, and innovation, and is consistently among the largest firms in the U.S. on the Law360 400 and among the Top 20 on the Am Law Global 100. The firm is net carbon neutral with respect to its office energy usage and Mansfield Rule 3.0 Certified. Web: http://www.gtlaw.com

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Greenberg Traurig's Laura Reiff and Martha Schoonover Included in Washingtonian Magazine's 2020 Top Lawyers List - PR Web