Insight

Immigration or Stagnation: Defending the American Experiment

In this novel atmosphere of denials and obstacles, the damage is two-fold: our nation is not only denying its righteous legacy, but also its rightful destiny.

Immigration or Stagnation
Rita Sostrin

Rita Sostrin

January 19, 2018 10:48 AM

A brilliant young engineer has the drive and entrepreneurship to rewrite multiple global industries and transform the world’s economy. An exceptional designer possesses the resolve and creativity to reimagine the fields of art and fashion.

But they both have a similar problem.

He is a Chinese foreign national who has always dreamed of pursuing his ambitions in the United States, but after obtaining advanced degrees from America’s premier research universities, his H-1B petition to work at a Silicon Valley tech startup was not selected in the annual H-1B lottery. She has studied at the finest institutes in Europe and has already amassed an astonishing portfolio back home in France, but her O-1 petition to work at a leading New York fashion house has recently been rejected. He now is forced to return to his home country, where he will be a big fish in a small pond and have no trouble finding a job. She will no doubt continue to nurture a groundbreaking career in her native country.

While both will be successful, the achievements that are inscribed in their futures may take longer to reach, and the fruits of this next Elon Musk and Vera Wang will not ripple across our economy in the U.S. as they could have.

Sound farfetched?

It happens nearly every day.

As an immigration lawyer who handles a high volume of extraordinary ability visas for the world’s elite in entertainment, arts, and sciences, I witness firsthand how the U.S. is hemorrhaging critical talent in today’s increasingly restrictive immigration environment.

In this novel atmosphere of denials and obstacles, the damage is two-fold: our nation is not only denying its righteous legacy, but also its rightful destiny.

It does not have to be this way.

As a bastion for the best and the brightest, the U.S. has long been enriched by the talent and dedication of immigrants. According to one study, two out of five Fortune 500 companies have been founded by immigrants or the children of immigrants. Immigrants are not only forging major U.S. industries, they are also a vital part of small businesses, the backbone of the American economy. These engaged and energetic individuals create jobs for millions of native-born Americans, allowing countless families to pursue the American dream alongside them. Just as importantly, they ensure our country’s economic security, and by extension, our national security in a world filled with escalating threats.

As well as the economy is doing, it could be doing much better. A roaring stock market and projections of higher GDP cannot mask the fact that the U.S. is facing an unsustainable debt that could cripple our long-term prospects in the absence of any economic backstop. The American economy has long been fueled by innovation, but what era will follow the age of computers and the internet? If biotechnology and the health sciences indeed represent the next transformative chapter of American ingenuity, we will need immigrants to write it, just as they have written nearly every chapter of innovation before it.

We cannot afford to expel or restrict these indispensable minds from our shores, only to watch as they return or stay home and help their countries compete against us. This makes little economic sense, especially for this gifted class of immigrants that gives far more to our nation than they take from it.

Yet even in the current constricting environment, there is a silver lining to the looming clouds. The immigration law community is a sword that has been through the fire many times. The best practitioners are now adopting new strategies to skillfully navigate this environment, just as they have done during other difficult periods. We are also becoming more proactive in conveying the crucial place that our clients have in both the American economy and in our society. Their stories are our stories, and how we continue to write them will ultimately determine if our nation’s future is filled with peril or promise.

Rita Sostrin is a partner at Sostrin Immigration Lawyers, LLP in Los Angeles, CA. Ms. Sostrin has become known as one of the leading experts in immigration law matters for individuals of extraordinary abilities, including artists, entertainers, academics, and physicians. She frequently receives invitations to speak on advanced immigration law topics at national and regional conferences and to write for legal publications. Over the years, Ms. Sostrin has served in various leadership positions on behalf of the American Immigration Lawyers Association (AILA), including as chair of AILA’s California Service Center Liaison Committee, senior editor of Immigration Practice Pointers, and periodicals review board member for VOICE: An Immigration Dialogue and Inside Immigration.

Headline Image: iStock/Devonyu

Related Articles

The Price of Admission


by Janice Zhou

States and the federal government are engaged in a pitched battle over immigration and refugee settlement—with the legal profession caught in the middle, taking fire from both sides.

Immigration Reform in Connecticut

Loophole or Fatal Flaw?


by Joseph Begonis

Canada's Best Lawyers share their thoughts on the Safe Third Country Agreement

What Is the Safe Third Country Agreement?

There Is Hope after the H-1B Cap: Alternatives to the H-1B Visa


by Meredith W. Barnette

Alternatives and options if the change in H-1B visas applies to you or your business.

H-1B Visa Alternatives for 2018

U.S. Business Immigration: Year-in-Review


by Christian S. Allen

For more reasons than are probably appropriate to include here today, 2017 will be forever be burned into the memories of everybody in the U.S. immigration industry, and all HR and legal professionals who were involved in hiring and/or employing foreign workers in the U.S. No matter your political persuasion, 2017 turned out to not be anything like we all expected at the beginning of the year, fol

U.S. Business Immigration: Year-in-Review

Make the Workforce American Again


by Michael J. Wildes

The H-1B visa program allows U.S. companies to temporarily employ foreign workers in specialty occupations, including jobs in technology, engineering, science, architecture, accounting, and business.

Make the Workforce American Again

The Rise and Fall of the H-1B Worker


by Kathleen Saenz Poppenger

Until recently, most people were unfamiliar with the H-1B visa, except for those seeking to take advantage of this temporary worker category.

Rise and Fall of the H-1B Worker

Chain Migration Solutions Desperately in Search of a Problem


by Aaron C. Hall

The White House insists that any new law giving Dreamers a permanent place in the United States also stop what it refers to as the chain migration problem.

Chain Migration

The New Business Immigration Regime


by Christy Nguyen

Five things executives and HR should do.

Business Immigration Regime

H-1B Applications: Proactive Steps in 2018


by Brad J. Hendrick

Last year, USCIS received approximately 199,000 applications for the 85,000 H-1B visas allocated each year.

H-1B Applications

Interagency Cooperation: Raising the Bar for Immigration Compliance


by Kathleen Campbell Walker

Stove-piped legal representation is not advisable (e.g., only focusing on one agency segment or one portion of a filing process).

Immigration Compliance

Trump Administration’s Termination of DACA, TPS, and H-4 EAD Immigration Programs Could Leave Employers in a Lurch


by Ann Massey Badmus

Several immigration programs that have authorized over a million immigrant workers are expected to end in 2018 and 2019.

DACA, TPS, and H-4 EAD

The Trump Administration’s Attack on Legal Immigration


by Bennett R. Savitz

The adjudication strategy achieved the change the Trump administration wanted to make to the H-1B program without having to amend the regulations.

Legal Immigration – Trump

Immigration Worksite Compliance Issues for Employers


by Maria I. Casablanca

Immigration worksite enforcement has become a balancing act between verifying eligibility to work and avoiding discrimination; thus it has merged two fields of law: labor and employment law with immigration and nationality law.

Immigration Worksite Compliance

Smart Policy and Smart Compassion


by David P. Berry

Why it makes sense to protect the Dreamers.

Dreamers

H-1B Planning for Fiscal Year 2019


by Lisa Koenig

Employers should be prepared to pivot.

H1-B Planning

Trump and Immigration: Separating Truth from Fiction


by Harlan G. York

Deportations aren’t up, but the people who are being deported are more “newsworthy.”

Trump and Immigration

Trending Articles

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

2021 Best Lawyers: The Global Issue


by Best Lawyers

The 2021 Global Issue features top legal talent from the most recent editions of Best Lawyers and Best Lawyers: Ones to Watch worldwide.

2021 Best Lawyers: The Global Issue

The U.S. Best Lawyers Voting Season Is Open


by Best Lawyers

The voting season for the 31st edition of The Best Lawyers in America® and the 5th edition of Best Lawyers: Ones to Watch® in America is officially underway, and we are offering some helpful advice to this year’s voters.

Golden figures of people standing on blue surface connected by white lines

How To Find A Pro Bono Lawyer


by Best Lawyers

Best Lawyers dives into the vital role pro bono lawyers play in ensuring access to justice for all and the transformative impact they have on communities.

Hands joined around a table with phone, paper, pen and glasses

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

How Palworld Is Testing the Limits of Nintendo’s Legal Power


by Gregory Sirico

Many are calling the new game Palworld “Pokémon GO with guns,” noting the games striking similarities. Experts speculate how Nintendo could take legal action.

Animated figures with guns stand on top of creatures

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Inflation Escalation


by Ashley S. Wagner

Inflation and rising costs are at the forefront of everyone’s mind as we enter 2023. The current volatile market makes it more important than ever to understand the rent escalation clauses in current and future commercial lease agreements.

Suited figure in front of rising market and inflated balloon

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

8 Different Types of Criminal Defenses in Law


by Best Lawyers

Learn about the different types of criminal defenses available in law, including innocence, self-defense, insanity and more. Protect your rights today.

Silver handcuffs laying on finger printed papers

Wage and Overtime Laws for Truck Drivers


by Greg Mansell

For truck drivers nationwide, underpayment and overtime violations are just the beginning of a long list of problems. Below we explore the wages you are entitled to but may not be receiving.

Truck Driver Wage and Overtime Laws in the US

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Choosing a Title Company: What a Seller Should Expect


by Roy D. Oppenheim

When it comes to choosing a title company, how much power exactly does a seller have?

Choosing the Title Company As Seller

The 2024 Best Lawyers in Spain™


by Best Lawyers

Best Lawyers is honored to announce the 16th edition of The Best Lawyers in Spain™ and the third edition of Best Lawyers: Ones to Watch in Spain™ for 2024.

Tall buildings and rushing traffic against clouds and sun in sky