John Valdez’s Legal Blog

“A good person follows the law” seems like a reasonable maxim; but what if the good person cannot find it! 

I think this is an especially good question for those trying to navigate the immigration laws without counsel.  The Immigration Code is second only to the IRS code in length, which in itself makes it difficult to find particular immigration laws.  Making this task more difficult is the number of ways immigration laws are promulgated and placed in various locations. 

For example, if someone wants to know how to play by the rules when hiring a foreign worker, such as an H-1B nonimmigrant, he or she will have to consult several laws from multiple sources.  There are immigration statutues.  The are laws made by federal and administrative courts. There are regulations from the United States Citizenship and Immigration Services, the U.S. Department of Labor, the U.S. Department of State, and other agencies.  There are short term rules, called interim regulations. There are rules governing the application procedures of sub agencies, such as Service Centers.  Moreover, in addition to statutes, laws, and regulations, there are agency practices that can change from day-to- day.  Finally, I see a great variance in the way individual adjudicators understand the rules.

 As an immigration practitioner, I understand that knowing the law can be hard for the lay person.  Usually I explain the law to someone at the beginning of the immigration process.  Sometimes, I am charged with that responsibility after a person has made serious mistakes while acting without counsel. 

 This blog is meant to impart important information about the law to those seeking answers, but it is only a starting point, and should never be used as a substitute for retaining counsel.  For foreigner nationals and their U.S. employers there is simply too much at stake to go it alone.  Errors can cause employers to be fined and employees to be deported. 

Even as an experienced immigration attorney, I don’t operate alone.  I consult with other knowledgeable professionals at  Smith & Garg, such as Brian Smith, Steven Pham, and Evi Ha Huynh, when helping our clients follow the law; a task not so simple as it sounds.