‘Skilled immigration is absolutely possible for qualified candidates’

Robert Lubin, General Manager and Director of Business Development at Aii Law PC, practised immigration law for more than three decades, specialising in professional and business immigration as well as EB-5 cases. 

He was among the first attorneys to secure approvals under the Immigrant Investor Programme in the early 1990s and was also a pioneer in obtaining approvals in the National Interest Waiver and Extraordinary Ability categories in 1992.

After retiring from legal practice in 2025, he transitioned into his current leadership role at Aii Law PC, where he now oversees business development and marketing initiatives, drawing on his extensive experience in immigration law and client relations.

In an interview with The Business Standard, Robert Lubin discussed immigration law, opportunities and challenges for Bangladeshis seeking to study, work, and settle in the United States, as well as the evolving global migration landscape and visa policies.

From your experience working with Bangladeshi immigrants, what are the most common legal problems they face after arriving in the US?

For people arriving with proper visas or green cards, I would not say legal problems are the biggest issue. The main challenge is adapting to life in the United States. In my experience, Bangladeshis generally adapt very well, especially because there are established communities in places like Washington DC and Los Angeles.

Legal problems usually arise when someone enters without proper documentation or later tries to change their status. In those cases, immigration issues become more complicated. But overall, the bigger challenge is cultural adjustment rather than legal trouble.

Many Bangladeshis migrate to the US through student, work, family, or asylum pathways. Which immigration route tends to create the most legal complications, and why?

Work and student visas generally create fewer problems. Students often move from F1 visas to work permits and later find employers willing to sponsor them for green cards. Workers on temporary visas also frequently transition successfully through employer sponsorship.

The most complicated pathway is asylum. Many asylum claims are not well-founded and are ultimately denied. While asylum may allow someone to stay and work temporarily, it often leaves them stuck in the system for years without the ability to pursue other immigration pathways. If the claim is denied, they may face serious difficulties after already building a life in the US.

Because of this, I usually discourage weak asylum applications and encourage people to explore other legal options instead.

What is your opinion on the recent immigration visa pause? We heard that the visa interviews are going on at the embassy. Is the whole process stopped, or only the issuance of the visa? How will it affect the overall immigration process?

Different administrations approach immigration differently. The current administration believes some immigrants may become a burden on public resources, so they are applying stricter scrutiny, particularly towards certain countries.

As a result, applicants may now need to prove more clearly that they can support themselves financially and contribute positively to the US economy. However, I believe this situation is temporary. The administration itself has indicated that clearer guidelines will eventually be introduced.

My advice is for people to continue applying, because most applicants starting now are unlikely to be affected by these temporary pauses by the time their interviews take place.

In cases involving workplace exploitation, wage theft, or discrimination, how aware are Bangladeshi immigrants of their legal rights in the US?

Fortunately, we have never had a client report serious exploitation through our programmes. Many employers also take worker protection very seriously, especially concerning women and workplace safety.

People with skills such as IT, engineering, or technical expertise should apply directly through international job platforms like Indeed, ZipRecruiter, or Monster. Modern technology now allows employers to interview candidates online through Zoom and other platforms, making international recruitment much easier than before.

If exploitation does occur, immigrants with green cards have strong legal protections in the United States. Employers cannot confiscate passports, restrict freedom, or force unsafe working conditions. Victims should immediately contact both an employment lawyer and an immigration lawyer, and the law will protect them.

Social media and community networks often spread unofficial immigration advice. How dangerous can this be, and what should people do before trusting immigration consultants or agents?

Bad immigration advice online can be very dangerous. Many people are encouraged to pursue immigration pathways that have little chance of success, often while paying large sums of money.

Immigration is emotional because it affects people's futures and families, which makes them vulnerable to false promises. My advice is simple: if something sounds too good to be true, it probably is. People should always verify information through reputable immigration lawyers or trusted sources rather than relying on social media claims.

Can you please clarify about PD and DQ? Sometimes it is said that the US Embassy in Bangladesh emphasises DQ, whereas PD is prioritised in other embassies around the world. Why is the uniform rule not being applied all over the world?

Both PD and DQ are equally important. PD, or Priority Date, is the date your immigration petition is filed, and it determines when you become eligible for a visa. DQ means your documents have been reviewed and qualified for interview processing.

You cannot receive an interview unless your case is documentarily qualified, but you also cannot receive a visa unless your priority date is current. In practical terms, even if someone is DQ, they still cannot move forward until their PD becomes current.

Is there any record of work-related immigrant visas getting denied in the embassy stage?

Employment-based immigrant visas are generally not denied at the embassy stage unless there are concerns about fraud, misrepresentation, or fake job offers.

If the employer is genuine and the applicant truly intends to do the job, the visa should normally be approved.

As we know, it takes around 4-5 years to get the visas issued. Do the US companies wait for these people to recruit them for 4-5 years after starting the process?

Most employers involved in these programmes have long-term labour shortages, which is why they participate in the first place. They invest time and money into recruitment because they expect those shortages to continue for years.

Of course, circumstances can change, and some businesses may close or face difficulties. That is why applicants should choose established and reliable companies with a strong history of hiring through these programmes.

The Government of Bangladesh is prioritising the export of skilled labour, but most of the work-related visas in Bangladesh are issued for unskilled visas. What is your advice to aspiring immigrants to develop the required skills to get eligible for skilled visas rather than unskilled visas?

Unskilled jobs are easier to fill because employers can train workers after arrival. Skilled jobs, however, require specialised expertise that employers cannot easily teach.

People with skills such as IT, engineering, or technical expertise should apply directly through international job platforms like Indeed, ZipRecruiter, or Monster. Modern technology now allows employers to interview candidates online through Zoom and other platforms, making international recruitment much easier than before. Large companies such as Microsoft and Meta regularly sponsor skilled foreign workers, so skilled immigration is absolutely possible for qualified candidates.

What practical legal advice would you give to Bangladeshis who are planning to migrate to the United States or are currently struggling with immigration-related issues there?

People already in the immigration process should stay in close contact with their lawyers and ensure their cases are being handled properly by experienced immigration firms with strong records of success.

Those starting the process should carefully choose trustworthy firms, understand the costs involved, and confirm whether protections such as refunds or replacement opportunities exist if a case fails. Most importantly, applicants should avoid unrealistic promises and work only with reputable professionals and employers.

Disclaimer: This interview was conducted with the assistance and support of Mr Rubayat.