Alan Lee, Attorney at Law - Comments that We Received to Article of U.S.C.I.S. Adjudications on H-1B Petitions Beginning To Smell Like Day-Old Fish

News Update - August 29, 2009

By Alan Lee, Esq.^†^‡

Comments that We Received to Article of “U.S.C.I.S. Adjudications on H-1B Petitions Beginning To Smell Like Day-Old Fish”

Below are two comments published on www.ilw.com website on August 19, 2009:

Dear Editor:
I agree with Alan Lee's Article (08/18/09 ID) completely. Kudos for bringing this to light. The USCIS has become draconian in its requests for evidence and arbitrary and capricious in their denials. Unfortunately, our remedy of an appeal is no remedy at all and they know that so they can basically make unfettered decisions. I, for one, had hoped that a change at the top politically would allow more reasonable and rational minds to take back control of the agency but, alas, that has not occurred and, if anything, the agency has become more obstructionist than ever before.

Michael F. Hammond, Esq.
Cincinnati, OH

Dear Editor:
Alan Lee's article (08/18/09 ID) on ridiculous H-1B adjudications resonates loudly. Coupled with the nonsense that passes for L-1 adjudications by the California Service Center, perhaps the goal of comprehensive immigration reform should subordinate itself to a meaningful process of comprehensive immigration bureaucracy reform. Congress could enact the most perfect CIR legislation, but its ultimate effects would be rendered meaningless in the hands of USCIS' current leadership. The supposed new era of President Obama has yet to have any impact on the way USCIS administers the US immigration program. But did anyone honestly think it would?

Brandon Meyer, Esq.
Solana Beach, CA

† The author is a 26+ year practitioner of immigration law based in New York City. He was awarded the Sidney A. Levine prize for best legal writing at the Cleveland-Marshall College of Law in 1977 and has written extensively on immigration over the past years for the ethnic newspapers, World Journal, Sing Tao, Pakistan Calling, Muhasha and OCS. He has testified as an expert on immigration in civil court proceedings and was recognized by the Taiwan government in 1985 for his work protecting human rights. His article, "The Bush Temporary Worker Proposal and Comparative Pending Legislation: an Analysis" was Interpreter Releases' cover display article at the American Immigration Lawyers Association annual conference in 2004, and his victory in the Second Circuit Court of Appeals in a case of first impression nationwide, Firstland International v. INS, successfully challenged INS' policy of over 40 years of revoking approved immigrant visa petitions under a nebulous standard of proof. Its value as precedent, however, was short-lived as it was specifically targeted by the Administration in the Intelligence Reform Act of 2004.

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