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IMMIGRATION JANUARY 21, 2022 | The Indian Eye 40
2021 in Perspective from
the Insightful Immigration Blog
hank you for reading and and Labor Condition Applica- not designed to impede immi- However, the Department of report (that incorporated two
supporting The Insight- tions. Once in office, President gration. State’s latest policy regarding ideas from our blogs) should
Tful Immigration Blog. Biden aggressively rescinded Amid promises of new im- interview waivers has been sal- also be implemented, and we
Listed below are the blogs that many of President Trump’s migration reform and attempts utary, but here too we pointed will continue to provide refresh-
were published in 2021. harshest immigration actions to remedy the former presi- how these administrative fixes ing new perspectives and ideas
While President Biden’s including the Muslim and Afri- dent’s immigration policies, the can be extended to provide even for immigration reform through
presidency ushered in new ca bans and also promised bold COVID-19 pandemic ravaged more relief. our blogs.
hope, former President Trump’s new legislation and changes to on, and the new president could On the business immi- Notwithstanding the new
restrictive immigration policies our immigration system. New not ignore the topic of travel gration front, we wrote about challenges posed by the corona
still reared their ugly heads into Attorney General Merrick restrictions, but offered some changes in the Standard Occu- virus and its variants, we look
the early weeks of 2021. On Garland also overturned Cas- reprieve in the form of national pation Classification and how a forward to blogging in 2022, and
the last day of 2020, President tro-Tum and reinstated Matter interest exceptions. We covered new Board of Alien Labor Cer- wish all our readers a safe and
Trump extended two previously of Avetisyan which allows im- these developments through tification Appeals decision and happy new year. Below are all the
issued Presidential Proclama- migration judges and the Board our widely disseminated blogs DOJ and DOL settlements with blogs we published in 2021:
tions suspending the entry of of Immigration Appeals to and argued that imposing travel Facebook may affect an employ- 1. Extending the Immigrant
certain immigrants and nonim- administratively close removal bans for certain classes of indi- er’s good faith recruitment for and Nonimmigrant Visa
migrants. Then, in the second proceedings. In his first five days viduals and in some cases immi- labor certification purposes. Bans: The Last Gasps of
week of the new year, mere days in office, President Biden signed grants and nonimmigrants alike Our blogs have reflected 212(f) Jurisprudence Un-
before the inauguration of Pres- an executive order entitled the is not an effective way to curb many of these trends and advo- der Trump
ident Biden, President Trump’s Future is Made in All of Amer- the spread of COVID-19. cated for further improvements. 2. Trump’s Final Attacks on
administration promulgated a ica by All of America’s Workers Delays have been a prom- LexBlog has featured some of H-1B Visas and Legal Im-
new rule that changed the way revoking President Trump’s Buy inent theme under the Biden our blogs such as the blog cri- migration: Reintroduction
in which prevailing wage levels American Hire American Ex- Administration. Trump era bio- tiquing the latest Omicron ban of the Wage Rule and Rule
were computed for purposes of ecutive Order which unlike the metrics requirements for H-4 against Southern African coun- Requiring Client Compa-
permanent labor certifications former President’s order was and L-2 dependents resulted tries, which will be rescinded nies to File H-1B Petitions
in their extensions being on December 31. Our blogs 3. President Biden Ushers in
processed months behind are published on LexisNexis New Hope on Immigra-
their principal applicants. Immigration News and other tion after Trump’s Destruc-
Additionally, processing online sites, and are also picked tive and Xenophobic Four
delays prevented many up in the media. In addition to Years
H-4 and L-2 spouses from blogs of Cyrus Mehta, Kaitlyn 4. The Rescission of Trump’s
getting their Employment Box, Isabel Rajabzadeh, David Buy American Hire Amer-
Authorization Documents Isaacson, Jessica Paszko, and ican Will Benefit Immi-
(EADs) ahead of their Cora-Ann Pestaina contributed grants and America
employment start dates. to The Insightful Immigration 5. State Dept. Exempts Cer-
The November 2021 Visa Blog making it the go to re- tain Travelers From Re-
Bulletin seesaw reflected source on contemporary immi- strictions: Is there a Better
in our blog was widely read gration issues and trends. Ad- Way So That the Least
as it provided practical tips ditionally, this year, we warmly Number Get Impacted?
for negotiating the employ- welcomed contributions from 6. To Amend, or Not to
ment based backlogs and guest bloggers Professor Stacy Amend: That is the Ques-
delays. When the USCIS Caplow, Sophia Genovese, and tion For Visas Not Associ-
issued a policy allowing Brad Banias. ated With a Labor Condi-
auto extensions of EADS While it is disappointing tion Application
for pending H-4 and L-2 that the immigration reform 7. Overcoming a COVID
spouses, we explained why provisions in the Build Back Travel Ban Through the
this policy has limited prac- Better Act (“BBBA”) have not National Interest Exception
m of tical usefulness and the gone through, President Biden’s 8. President Biden Must Re-
CYRUS D. MEHTA & PARTNERS PLLC need to improve it. presidency still offers hope. ject Trump Era H-1B Lot-
Our blogs have also There is also hope for more tery Rule and Work Visa
focused on problems in administrative actions that can Travel Ban
USCIS policy regarding provide relief to millions in- 9. CSPA Triumphs in Cuthill
the Child Status Protection cluding granting parole to un- v. Blinken: Child of Parent
Act (“CSPA”) and argued authorized noncitizens as INA who Naturalizes Should
that a derivative-child’s § 212(d)(5) already authorizes not be Penalized
age should be frozen using such an act even if it did not pass 10. The Law Does Not Compel
the Dates for Filing and in the proposed BBBA. Oth- the Impossible– Or Does
not the Final Action Date er innovative ideas for agency It?: Matter of C-C- and
2 6th Floor
as current policy dictates. action as proposed in this Cato Awuku-Asare v. Garland
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