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Cyrus D. Mehta: Due Diligence Considerations for Companies Contracting with Vendor Service Providers

Can companies avoid civil and criminal exposure by outsourcing their hiring of foreign nationals? Cyrus Mehta has the answer .

WILL THE REVISED USCIS Q&A ON ESTABLSHING THE EMPLOYER-EMPLOYEE RELATIONSHIP IN H-1B PETITIONS SAVE STAFFING COMPANIES?

"On March 12, 2012, the USCIS issued a revised Q&A on the Neufeld Memo containing helpful language under Questions 5 and Question 13, which did not exist in the prior guidance dated August 2, 2011 ." - Gary Endelman and Cyrus D. Mehta, Mar. 18, 2012 .

Cyrus Mehta on Residential Finance Corp. v. USCIS

"In Residential Finance Corporation v. USCIS , 2012 U.S. Dist. LEXIS 32220, decided on March 12, 2012, Judge Gregory L. Frost of the U.S. District Court for the Southern District of Ohio (Eastern Division) chided U.S. Citizenship and Immigration Services (USCIS) for denying an H-1B petition...

Does the IWP Bode Well for Indian H and L Visa Applicants?

"It remains to be seen whether the expanded IWP will improve the processing of H-1B and L visa applications." - Cyrus D. Mehta, Nov. 25, 2012 .

The Sweet Smell of Success: H-1B Visas for Entrepreneurs

"The title of this blog may seem odd as the H-1B visa is usually associated with an employee who earns a regular wage at the prevailing rate. Yet, entrepreneurs may benefit from the H-1B. Since the USCIS recently set up an Entrepreneur Pathways Portal inviting entrepreneurs to use existing nonimmigrant...

H-1B Hip-Hop by L.L. M-Jay

"An LLMJ creation set loosely to an old “gangsta” tune. A thank you to Elizabetha Markuci for a lyrical turn." - Myriam Jaidi, Apr. 1, 2013 .

The H-1B Cap Makes No Sense!

"[I]t makes absolutely no sense to impose an H-1B cap. Let the market do the job of determining how many H-1Bs can enter the US based on the fluctuating demands of employers. At one point, when the H-1B cap prior to 2003 was 195,000 for a few years, this quota was never filled. [*] Therefore, H...

Workable or Unworkable?: The H-1B and L-1 Visa Provisions in BSEOIMA, S. 744

"Years ago, the H-1B was a lightning rod for critics while the L-1 sailed on smoothly in calm seas. No longer. For the first time, the L and the H are fused in the minds of its critics. At a time when our permanent immigration model is more open to STEM talent as never before, our H and L policy...

The Future of H-1B? - Endelman & Mehta

In their recent blog entry, " MEET OUR NEW FRIEND: WHO IS AN "H-1B SKILLED WORKER DEPENDENT EMPLOYER" IN SENATE IMMIGRATION BILL, S. 744? ", Gary Endelman and Cyrus Mehta wade into the thickets of what could change for employers who use the H-1B visa program. It's complex...

WHY WE SHOULD ALL BE MAD ABOUT THE H-1B VISA CAP - Cyrus D. Mehta

"The USCIS announced today, April 9, 2014, that it had received 172,500 H-1B visa petitions for the 65,000 H-1B regular cap and the 20,000 additional cap for graduates with advanced degrees from US universities. This is much more than the 124,000 H-1B visa petitions the USCIS received in 2014. The...

Work Authorization for Some H-4 Spouses Liberates Them from the Tyranny of Priority Dates: Gary Endelman & Cyrus D. Mehta

"The proposed rule provides that an H-4 spouse may apply for employment authorization if the principal H-1B spouse is the beneficiary of an approved I-140 immigrant petition; or, if the H-1B spouse been granted an extension of beyond the 6-year limitation pursuant to section 106(a) of the American...

Squaring the Immigration Circle: New Hope for an Old System - Endelman & Mehta

" The Immigration Innovation Act of 2015 (S. 153) (“I-Squared” Act) was introduced by Senators Hatch (R-UT), Klobuchar (D-MN), Rubio (R-FL), Coons (D-DE), Flake (R-AZ), and Blumenthal (D-CT). When partisan rancor is the norm in Congress, the I-Squared Act is genuinely bipartisan, and...

American Cannot Be 'Open for Business' With an H-1B Visa Lottery

[Editor's Note: Usually I quote snippets, but this entire column is worth reading in full. Emphasis (bold) mine. DMK] " In America, the best day of the week has always been tomorrow except, it seems, when it comes to immigration . On April 1, 2015, U.S. Citizenship and Immigration Services...

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta

"In Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the AAO affirmed the Service Center Director's decision and revoked the petition's approval. Among other things, the Director had concluded that changes in the beneficiary's places of employment constituted a material...

When an Amended H-1B Petition is Not Required, Even After Simeio Solutions: Cyrus D. Mehta

" The AAO decision in Matter of Simeio Solutions, LLC , 26 I&N Dec. 542 (AAO 2015) has already caused headaches as it will make it more costly and burdensome for employers who hire H-1B workers. An overview of the AAO decision can be found at AAO Firmly Tethers H-1B Workers To The LCA Like A...

Putting Disney and H-1B Visas in Perspective - Cyrus D. Mehta

"While the media highlights the cases of Disney and SoCal where US workers are laid off and replaced by H-1B workers of an IT consulting company, most employers hire H-1B workers to supplement their workforce and not to replace their workforce. The H-1B visa cap is too small with only a total of...

Michelle S. Velasco: USCIS Questions Bus. Admin. Degrees for H-1B Visas

Michelle S. Velasco, Nov. 10, 2015 - "Since writing last year on the challenges facing employers who wish to hire H-1B workers for uncommon specialty occupations, we have seen the U.S. Citizenship and Immigration Services (USCIS) present a novel way to push back on H-1B filings: by challenging whether...

How a Single Complaint Can Lead to an H-1B Investigation - Cora-Ann V. Pestaina

Cora-Ann V. Pestaina, Dec. 31, 2015 - " A recent U.S. Court of Appeals decision in Greater Missouri Medical Pro-Care Providers, Inc. ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), is worth noting as it addressed the issue of how much latitude the DOL has to investigate an H-1B employer’s...

The H-1B and L-1 Punitive Super Fee Rears its Ugly Head Again - Cyrus D. Mehta, Michelle S. Velasco

Cyrus D. Mehta, Michelle S. Velasco, Jan. 16, 2016 - "USCIS has yet to revise the Form I-129 and Form I-129S. Outside of this announcement there are no other instructions on the USCIS website, and its page on H and L filing fees has not been updated. Nevertheless, USCIS provides only a 30-day grace...

Cyrus D. Mehta - Preserving H-1B Extensions for Spouses; Freezing CSPA Ages

Cyrus D. Mehta, Jan. 30, 2016 - " The purpose of this blog is to draw attention to two little know legal concepts, which must either be preserved or introduced through the proposed rule entitled Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant...