LexisNexis® Legal Newsroom
A TIME FOR HONEST TRUTH: A PASSIONATE DEFENSE OF PRESIDENT OBAMA’S EXECUTIVE ACTION ON IMMIGRATION

You shall neither vex a stranger, nor oppress him: for you were strangers in the land of Egypt. - EXODUS 22:21 "November 20, 2014 was a historic night. The President announced a series of executive actions to expand enforcement at the border, prioritize deporting felons not families, and require...

American Exile: Rapid Deportations That Bypass the Courtroom

"Every year, hundreds of thousands of people (83 percent) are deported from the United States without a hearing. These individuals never see a judge; instead, their rights and fates are determined by a single immigration enforcement officer in a summary removal procedure that can take mere minutes...

New Study Finds Immigration Officers Ordering Unlawful Deportations

Melissa del Bosque interviews Sarah Mehta: "More than two million people have been deported since President Obama took office in 2008. Among this massive number of deportations, an increasing number of people with valid legal claims to remain in the U.S. — even U.S. citizens — are...

Why the Lawsuit Against Immigration Executive Action Is a Waste of Time and Money

"A lawsuit was expected as soon as President Obama dramatically announced that his immigration executive actions could impact more than 5 million people. It is already here. On December 3, 2014, Texas took the lead with 18 other states in a lawsuit against the United States asserting that the President’s...

LET'S HOPE THAT'S WHAT IT MEANS: DOES EXECUTIVE INITIATIVE REALLY PROVIDE FOR EARLY ADJUSTMENT OF STATUS?

"Now that we have had a chance to exhale, a nagging doubt clouds this emerging optimism: Is early adjustment of status really what is contemplated? While White House briefings and talking points certainly suggested this was the case, a stubborn yet deliberate reading of the various memoranda uncovers...

The Laboratories of Democracy: State Initiatives and Promotion of Immigration Reform

"Although states have been experimenting with their own initiatives on immigration, they have been related to mainly punitive enforcement laws, the most notorious being Arizona’s SB 1070. Section 2(B) of the Arizona law, which was upheld by the Supreme Court in Arizona v. USA , requires police...

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...

MYTH OR REALITY: IS THE DHS TRULY SERIOUS ABOUT VISA MODERNIZATION FOR THE 21ST CENTURY?

"On November 21, 2014, as part of President Obama’s Executive Actions, the President issued a memorandum to modernize and streamline the U.S. immigrant and nonimmigrant visa system for the 21 st century. The DHS followed up by publishing a notice in the Federal Register on December 30, 2014...

Who is 'Lawfully Present' Under the ACA? - Gary Endelman & Cyrus Mehta

"Many non-citizens will be subject to additional payment to the Internal Revenue Service if they do not maintain “minimum essential healthcare coverage” under the Patient Protection and Affordable Care Act (Affordable Care Act – ACA). This is known as the “individual mandate”...

Pro Bono AAO Hardship 212(i) Waiver Victory; FGM; Cote d'Ivoire

Hats off to Cyrus D. Mehta for this pro bono publico victory: "Here we find that the record establishes that the applicant's spouse will suffer extreme hardship as a consequence of being separated from the applicant. The record shows that the spouse works extensive hours and would likely...

EVERY COUNTRY EXCEPT THE PHILIPPINES: NEW DEVELOPMENTS IN OPT-OUT PROVISION UNDER THE CSPA - Cyrus Mehta

"Section 6 of the Child Status Protection Act (CSPA) allows beneficiaries of I-130 petitions that have been converted from the Family Second Preference (F2B) to the Family First Preference (F1), after the parent has naturalized, to opt out and remain in the F2B. The American Immigration Council’s...

Why Are L-1B Denial Rates Higher for India? - Cyrus D. Mehta

" A study issued by the National Foundation For American Policy confirms what we attorneys who work in the trenches have feared most. It was already been assumed that an L-1B case for an Indian national will face much higher scrutiny, and one was always prepared to put in a lot more work into such...

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...

Will the New L-1B Guidance Bring Fewer Denials...Or More of the Same? - Gary Endelman & Cyrus D. Mehta

" If there is one visa uniquely suited to advance America’s competitive position in the global marketplace, it is the L-1B intra-company transferee visa for specialized knowledge employees. In an increasingly specialized economy where expertise should trump nationality, the notion of “specialized...

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...

EQUATING IMMIGRANTS TO GREENHOUSE GASES: IS THIS A VALID BASIS FOR STANDING TO SUE THE FEDERAL GOVERNMENT?

Cyrus D. Mehta writes : "It has lately become fashionable for states that oppose President Obama’s immigration executive actions to sue in federal court on grounds that they are unconstitutional. But in order to get heard in court, a state must demonstrate standing. In the Texas v. United...

Phantom Visa Statuses - Cyrus D. Mehta

"Is there any leeway in the US visa system that might enable foreign nationals to pursue interests outside the narrow purpose of their entry without jeopardizing their visa status? One who comes on an H-1B visa to work for a specific employer as a software engineer may not be prevented from also...

Will Farmers Branch Save DAPA, Expanded DACA? - Cyrus D. Mehta

Cyrus D. Mehta writes - "After a split Fifth Circuit panel declined to lift Judge Hanen’s preliminary injunction in Texas v. United States blocking President Obama’s two executive actions that could defer the deportations of an estimated 4.4 million people, the score was 2 in favor of...

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...

Cyrus D. Mehta on Possible STEM OPT Extension

"Senator Grassley’s latest angry missive to the DHS protests the proposed increase of F-1 student Optional Practical Training (OPT), which was part of President Obama’s executive actions of November 20, 2014. While the Senator’s rant against any beneficial immigration proposal...

Keeping Tabs on a Non-Citizen's Eligibility for Health Coverage Under the ACA - Cyrus D. Mehta

"President Obama’s healthcare law, the Affordable Care Act (ACA), is here to stay especially after the law withstood a challenge in King v. Burwell that allows the federal government to provide subsidies to poor and middle class people to buy health insurance on a nationwide basis. Even non...

History Will Trump Donald - Cyrus D. Mehta

"Donald Trump, the billionaire real estate mogul and GOP Presidential candidate, has called Mexican immigrants rapists and drug dealers who are demoralizing the country. His popularity among a certain section in the Republican party has surged as a result, and Trump continues to stand by his demagogy...

Cyrus D. Mehta: Update on Indian Three-Year Degrees and Postgraduate Diplomas

"The greatest bane for green card aspirants with Indian degrees is the uncertainty that they will be recognized as single source degrees. If an Indian degree is recognized as the single source equivalent of a US four-year bachelor’s degree, it can provide the basis for an I-140 immigrant visa...

Cyrus D. Mehta - To Amend or Not to Amend: USCIS Issues Final Simeio Guidance

"U.S. Citizenship and Immigration Services (USCIS) issued final guidance on July 21, 2015, instructing when an employer should file an amended or new H-1B petition following Matter of Simeio Solutions, LLC (Simeio). In Simeio, a precedent decision issued on April 9, 2015, the Administrative Appeals...