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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      Biden aggressively rescinded   Amid promises of new im-  interview waivers has been sal-  also be implemented, and we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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