Immigration Law

Recent Posts

BALCA Holds That Foreign Language Requirement Did Not Need To Be Listed In The Advertisements
Posted on 21 Feb 2018 by Daniel M. Kowalski

Cora-Ann Pestaina, Feb. 20, 2018 - "Despite the fact that the PERM regulations took effect on March 28, 2005, almost 13 years ago, PERM practitioners continue to struggle with the Department of Labor (DOL) regarding what must be listed in PERM advertisements... Read More

Why Matter of R-C-C-S-D- Matters
Posted on 30 Oct 2016 by Daniel M. Kowalski

Jennifer Casey writes : "A reading of the statutory and regulatory requirements for a Q-1 cultural exchange program would suggest that many, if not most, language immersion schools should easily qualify for Q-1 designation. However, over the last... Read More

Tags: q-1 , AAO , language , USCIS

AAO Adopted Decision: Matter of R-C-C-S-D- (Language Immersion School; Q-1 Program)
Posted on 27 Oct 2016 by Daniel M. Kowalski

Matter of R-C-C-S-D-, Adopted Decision 2016-04 (AAO Oct. 24, 2016) - (1) The Department of Homeland Security (DHS) may designate a language immersion school as an international cultural exchange program, such that the school may petition for teachers... Read More

MAVNI Language Program Expanded to Reserve Components
Posted on 19 Dec 2013 by Daniel M. Kowalski

"This memorandum responds to the Army's request to expand the Military Accessions Vital to the National Interest (MAVNI) Pilot Program to include the Reserve Components. We understand the circumstances that necessitate this request and agree... Read More

SEVP Policy Guidance S7.2: Pathway Programs for Reasons of English Proficiency
Posted on 4 Nov 2016 by Daniel M. Kowalski

ICE, Oct. 28, 2016 - "This guidance provides information for Student and Exchange Visitor Program (SEVP) adjudicators regarding pathway programs for F-1 postsecondary students who fail to meet the English proficiency requirements for admission into... Read More

It’s More Complicated Than “Legal vs. Illegal”: An Open Letter to Ruben Navarrette
Posted on 11 Jul 2012 by Daniel M. Kowalski

Prerna Lal writes: "I enjoy your writing, probably more than most people. You hold President Obama accountable for his abhorrent immigration policies. You stick it to the Republicans for hating on immigrants because their hate has to do with the... Read More

Language on immigration alienating Latino voters, GOP told
Posted on 29 Jan 2012 by Daniel M. Kowalski

"Senior Republicans including the brother of the former president George Bush have warned the party to avoid using "harsh, intolerable and inexcusable" language about illegal immigration or risk alienating Latino voters." - The... Read More

What's In a Name?
Posted on 29 Apr 2012 by Daniel M. Kowalski

"In this podcast , Fi2W executive producer John Rudolph discusses the editorial and political implications of this debate over terminology with Julia Preston, national immigration correspondent for the New York Times, and Monica Novoa, a writer... Read More

Language Wars: Univision vs. New York Times
Posted on 9 Oct 2012 by Daniel M. Kowalski

"Jose Antonio Vargas may have reenergized the debate over whether to use the term “illegal immigrant,” but Univision’s taking it to a whole new level. The nation's top-rated Spanish-language broadcast network took The New York... Read More

Memo to Journalists / Editors: Drop the I-Word
Posted on 14 Dec 2011 by Daniel M. Kowalski

"The U.S. Supreme Court has come a long way since former Chief Justice William Rehnquist referred to undocumented immigrants as "wetbacks." In an opinion earlier this year on another Arizona immigration law, Chief Justice John Roberts,... Read More

Why 'illegal immigrant' is a slur...and why the AP stylebook is wrong
Posted on 6 Jul 2012 by Daniel M. Kowalski

" For the AP to claim that "illegal immigrant" is "accurate and neutral" is like Moody's giving Bernie Madoff's hedge fund a triple-A rating for safety and creditworthiness." - Charles Garcia, July 5, 2012 . [Singing... Read More

Reopen MAVNI - help Department of Defense close critical skills gaps, save tax money - White House petition
Posted on 31 Oct 2011 by Daniel M. Kowalski

"Military Accessions Vital to the National Interest (MAVNI) enables US military to recruit foreign nationals with critical language and cultural skills who have been legally present in US for at least 2 years. MAVNI admitted soldiers briefly... Read More

Editor's Corner: NYT 'Shift' on Immigration Language a Failure
Posted on 31 Mar 2014 by Daniel M. Kowalski

Nearly a year ago the New York Times announced it would continue to use the phrase 'illegal immigrant' in its stories, while granting permission to reporters to 'consider alternatives.' Two recent stories demonstrate how Times reporters... Read More

Call them 'unauthorized'
Posted on 15 Nov 2011 by Daniel M. Kowalski

The Texas Tribune, a 100% digital, online news outlet, asked me to write a column on the language wars. Here's my take . For an opposing view, click here . - Texas Tribune, Nov. 15, 2011 . Read More