We’ve all heard the saying that “every cloud has a silver lining”. These calming words have been used for decades to help overcome bad days, rough times, poor decisions… or in the world of immigration, a new administration.
When it comes to the current immigration climate, it seems as if we are surrounded by clouds daily: longer processing times; stricter (or sometimes inaccurate) interpretation of the regulations; more frequent RFEs; and unfortunate denials. So, what is the silver lining in all of this?* Well, for lack of better words, it has forced all of us in the immigration field to be better. Long gone is the notion of “sure thing”. Every day presents a new challenge to vigorously defend the regulations that guide our profession, advise our clients on the risks that years ago seemed to not exist, and encourage our staff to remain optimistic in an increasingly world of “no”.
Our Filings
I first felt the immigration shift around 5 or 6 months into the new administration with the surprising arrival of an RFE for an incredibly solid employment-based nonimmigrant L-1 petition. A thorough and aggressive response was submitted to no-avail, but what was learned through the push-back from immigration was critical in moving forward. Regulations are now not only cited, but rigorously defended in filings, regardless of the level of complexity of the case. Details upon details upon (even more) details are provided that years ago, would have seemed bothersome to an Officer. Job descriptions that simply focus on the job are now replaced with an almost hourly breakdown of a day in the work life of the beneficiary. In addition, thinking “outside the box” is necessary in terms of presenting evidence in filings. Simply providing academic documentation in a (once) straight-forward specialty occupation filing is now replaced with a detailed account of how each and every course is directly related to the job at-hand. Fervently tracking the progress of a case is also critical to ensure our Firm is always a step ahead of the client. Cases are taking longer to prepare and are much greater in size. However, these more aggressive and meticulous tactics towards our filings have ultimately resulted in a stronger practice today. *Insert silver lining.
Our Clients
Advising individuals on the “anti-immigration” values pressed through the administration is a crucial component throughout initial consultations with clients. I have always felt the beauty of law is the art of the argument. In other words, regardless of the case, a good attorney can always present a thorough and articulate reason of “why” it should be approved. However, when the argument is presented to those uniformed, uninterested, and/or undeterred, the reality must be explained up-front and honestly to our clients. Increased and constant communication with our clients is now a regular part of our daily routine. News of deportations, building a wall, separation from families and negativity towards immigrants cause tremendous anxiety for our clients. Becoming part therapist to sooth nerves and calm fears is commonplace. However, this improved dialogue with our clientele and a greater compassion for their circumstances have ultimately resulted in a stronger practice today. *Insert silver lining.
Our Staff
Creating a positive atmosphere for paralegals and legal assistants in a negative environment presents its own challenges. When your staff is used to an influx of approvals and positive validation, how do you handle the negative pressure of today’s immigration climate? Celebrating an approval without an RFE became just that – a celebration. A “Good News” list is presented in staff meetings to highlight approvals and progress of pending cases. Hosting open and honest discussions on the Firm’s stance towards the new administration also help to assure our staff that the fight is ours to win, and the partners have their backs when it comes to push-backs on filings. It is inevitable to feel discouraged as professionals in this field when faced with a constant reminder of the anti-immigration stance currently running our country. However, this unwavering support and encouragement have ultimately resulted in a stronger practice today. *Insert silver lining.
Final Thoughts
Becoming a stronger advocate for our cases and clients has restored my belief in the importance of immigration for our country. Sharing not only ideas and thoughts, but cultures and experiences should not be limited by borders OR the ignorance of others. Maybe in the years ahead some of this damage will be corrected, it is too soon to tell. However, the pressures that have surrounded us as immigration professionals in the last 1 ½ years have pushed us to become stronger, more compassionate and better at what we do. *THE silver lining.
