The Los Angeles Times published an article last week detailing the case of a Guatemalan pastor, Hugo Gomez, who has been detained by Immigration and Customs Enforcement (ICE) since 2019 based on an unsubstantiated Red Notice. The article uses this case to shed light on the little-known but troubling situation of INTERPOL Abuse. Unfortunately, situations like Gomez' are all too common. Autocratic, corrupt or unstable governments sometimes use INTERPOL's system to issue Red Notices for people they see as in conflict with their regimes, such as political dissidents, activists, business tycoons, etc. In the U.S. ICE often treats these Red Notices as arrest warrants, even though INTERPOL clearly states in its constitution that a Red Notice alone is not grounds for an arrest. Partner, Sandra Grossman, was quoted by the LA Times stating,
"Using red notices for predominantly political, military, racial or religious reasons is against Interpol’s constitution. But some countries, including Russia, Venezuela and China, are known for deploying red notices against political opponents who flee persecution,"... “ICE does their bidding for them by putting these individuals into deportation proceedings."
Becki Young joined SHRM’s All Things Work podcast to discuss how employment-based immigration is changing under the new Biden administration and upcoming changes to the rules and procedures that guide how workers move to and from the U.S. for employment. Listen in: https://www.buzzsprout.com/246818/8507791-becki-young-on-how-employment-based-immigration-is-changing
CNN Chile interviewed Sandra Grossman about measures the Trump administration has taken to limit benefits for immigrants coming to the U.S. and the way the administration stirs up fear about immigrants by indulging racist ideologies. Grossman was questioned in response to president Trump's decision to declare November 1 as "Commemorative Day for Americans killed by illegal aliens." Trump has been widely criticized for the initiative, which opponents call blatantly racist and xenophobic.
Watch the interview: here.
In this CNN Español interview with Anchor Gabriela Frias, GYH Partner Sandra Grossman shares her views on the 545 children who remain separated from their parents due to the 2017 pilot program secretly instituted by the Trump administration. What are the legal remedies for these children? What are their rights while they remain in the United States? Can the Trump administration be held legally accountable for these continuing separations? Sandra discusses lawsuits filed by Southern Poverty Law Center and the ACLU to answer some of these questions. For more information on how you can support these organizations and the important work they are doing, please visit their websites and donate. (Interview in Spanish)
Se buscan: padres de 545 menores de edad que fueron separados en Estados Unidos. Revisamos las imlicaciones legales de este drama humano con la abogada Sandra Grossman.
Law360 published an article covering a Lawsuit filed by Becki Young on behalf of client, Quince Restaurant, a three-star Michelin establishment. The lawsuit claims that when USCIS denied the H-1B petition for accountant, Longqi Kang, it ignored the Immigration and Nationality Act's provision allowing for degree equivalents. Becki Young told Law360, "The current administration is just trying to find any reason to deny H-1B cases, even if it means blatantly disregarding its own regulations or blatantly disregarding evidence." This is among the latest of several lawsuits alleging USCIS has been "unreasonable and unlawful" in its denials of H-1Bs petitions.
Calf. Restaurant Says Gov't Ignored Evidence For Work Visa, Law360, July, 14, 2020. (Becki Young quoted as the attorney in this lawsuit)
The attorneys originally wrote the article to address clients' questions about compliance during the Coronavirus pandemic, advising that the Fraud and National Security Division of U.S. Citizenship and Immigration Services is likely to see payment of less than the I-129 rate as an H-1B violation and could expose employers to back-pay liability under Department of Labor regulations.
Before Denise and Yeon Me submitted their article, another attorney published an article on the topic, which took a more relaxed stance on how to handle H-1B wages during the pandemic. Denise and Yeon Me revised their article, which was then published by Law360 as a rebuttal to the original perspective.
GYH's rebuttal and stance on H-1B wage compliance during the pandemic is available here: Risks Of Including H-1B Workers In Companywide Pay Cuts
The Coronavirus pandemic is creating major obstacles for employers seeking to hire foreign workers under H-1B specialty occupation visas. Employers are already challenged with predicting future hiring needs and filing petitions remotely. Law360 reached out to GYH Managing Partner Becki Young for comment on its recent article, "Pandemic Creates Roadblocks During H-1B Visa Cycle."
Becki Young shared examples of fitness company client that opted not to proceed with a planned H-1B sponsorship after it was forced to close and restaurant and hospitality sector clients calling to find out whether they can lay off, furlough or cut hours for employees on H-1B visas.
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This year, the United States Customs and Immigration Service (USCIS) rolled out a new electronic pre-registration system for H-1B petitions, bringing in a record 275,000 H-1B petitions, a 37% increase over last year. While the pre-registration process clearly makes it easier for firms to apply for the H-1B lottery, this boon was fleeting. Many of these visa petitions were filed before the Coronavirus pandemic was in full effect, causing many business to shutter and, in many cases, terminate or furlough employees. The question now is whether employers will proceed with H-1B applications or drop their plans for visa sponsorship.
Tech Target asked GYH Managing Partner Becki Young for her expert opinion.
"[Some businesses that] are currently shut down or operating at partial capacity have asked us to proceed with their cases," said Young. "That's because some employers have sponsored H-1B work visa holders with unique skills to fill special roles. The clients have often invested substantial resources into recruiting these individuals, and don't want to lose them."
Full article here.
The plight of restaurant workers and other hospitality employees amidst the Coronavirus pandemic has been all over the news. Less discussed are the compounded struggles of the large percentage of those hospitality workers who are also immigrants. For those eligible for unemployment, is it even advisable that they apply, considering the recent roll-out of the new Public Charge Rule?
GYH Managing Partner, Becki Young, explained to Washington City Paper how lawyers are divided on the subject. “Everybody who applies for a temporary visa has to answer a question about if they’ve ever collected public benefits,” Young says. “My colleagues and I are still concerned that USCIS and the federal government have a huge amount of discretion.”
For the full article and Becki's complete commentary, click here.