DHS Ignores Federal Court

I normally do not post about subjects such as detention, removal, deportation, etc because the readers of this blog are generally professional workers on H or L visas and those subjects though very important, are not relevant. However, I read with interest an article posted on law360.com which told of various advocacy groups who were complaining that a Federal Judge had issued a clear directive and the DHS had simply ignored the order and proceeded to act without a change in practice. Unfortunately, that is the reality that US corporations and legal foreign workers face every day from the USCIS. Laws are clearly written, regulations are promulgated, and HQ directives are issued and the examiners who control the decisions, turn a blind eye and simply ignore the law, knowing full well that there is no practical remedy for business and workers to pursue. The L-1 business community recently was excited when a new policy memorandum was released but, to date, the application of that policy has been ignored. The same old decisions and reasoning is being applied. We have also seen it with respect to amended petitions, extensions, ability to pay, Neufeld memo, and we can go on and on. When an entire agency knows it will not be held accountable, it simply does what it wants.

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