Immigration Law

Recent Posts

“Vague Laws Invite Arbitrary Power”: Making the Case for Crimes Involving Moral Turpitude Being Void for Vagueness - Sophia Genovese
Posted on 25 Jul 2018 by Daniel M. Kowalski

Sophia Genovese, July 23, 2018 - "The Supreme Court in Sessions v. Dimaya , 138 S. Ct. 1204 (2018) dramatically held that one aspect of the crime of violence definition contained within of the aggravated felony provision of the Immigration and Nationality... Read More

Threading the Needle: Challenging Trump’s Travel Ban Despite Trump v. Hawaii - Cyrus Mehta & Sophia Genovese
Posted on 2 Jul 2018 by Daniel M. Kowalski

Threading the Needle: Challenging Trump’s Travel Ban Despite Trump v. Hawaii, July 2, 2018, Cyrus Mehta & Sophia Genovese - "On June 26, 2018, the US Supreme Court in a 5-4 decision in Trump v. Hawaii upheld President Trump’s travel... Read More

Heightened Ethical and Strategic Considerations for Business Immigration Attorneys Under USCIS’s New Removal Policy - Cyrus D. Mehta
Posted on 17 Jul 2018 by Daniel M. Kowalski

Cyrus D. Mehta, July 16, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance on July 5, 2018, PM-602-0050.1 , that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities... Read More

How Trump Administration Officials Can Be Found Criminally Culpable For Separating Children From Parents - Cyrus Mehta & Sophia Genovese
Posted on 24 Jun 2018 by Daniel M. Kowalski

Cyrus Mehta & Sophia Genovese, June 24, 2018 - "The Trump Administration has continued to perpetuate the falsehood that immigrants are criminals, despite overwhelming evidence that communities are safer when immigrants arrive . Trump’s... Read More

Cyrus D. Mehta: Prosecutorial Discretion and the "Criminal Alien"
Posted on 10 Oct 2011 by Daniel M. Kowalski

"Even a so called “criminal alien” can in some cases be deserving of prosecutorial discretion. Actually, the definition of “criminal alien” is rather amorphous , and could include one who has either been convicted of a crime... Read More

Cyrus D. Mehta: Stopping H-1B Carnage
Posted on 23 Oct 2017 by Daniel M. Kowalski

Cyrus D. Mehta, Oct. 23, 2017 - "In his inaugural address, President Trump pledged to end what he referred to as “American carnage,” depicting the United States bleakly—as a “land of abandoned factories, economic angst, rising... Read More

Cyrus D. Mehta on USCIS' Unlawful Presence Policy Memo
Posted on 12 May 2018 by Daniel M. Kowalski

Cyrus D. Mehta, May 12, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on May 10, 2018, “ Accrual of Unlawful Presence and F, J, and M Nonimmigrants .” The memo abruptly revises previous policy guidance... Read More

The Draconian Documentation Regime For Third Party Arrangements in H-1B Visa Petitions - Cyrus D. Mehta
Posted on 6 Mar 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Mar. 5, 2018 - "The attacks on the H-1B visa program by the Trump administration continue unabated. On February 22, 2018, U.S. Citizenship and Immigration Services (USCIS) published a policy memorandum entitled Contracts and Itineraries... Read More

Cyrus D. Mehta on Atty. Gen. Sessions, 'Dirty' Immigration Lawyers
Posted on 17 Oct 2017 by Daniel M. Kowalski

Cyrus Mehta, Oct. 16, 2017 - "Attorney General Sessions who has been hostile towards increased immigration and views the asylum system as a loophole for unauthorized entry into the US said in recent remarks that “over the years, smart attorneys... Read More

Top 10 Most Viewed Posts on Cyrus Mehta's Blog
Posted on 29 Dec 2017 by Daniel M. Kowalski

Cyrus Mehta, Dec. 29, 2017 - "Thank you for reading and supporting The Insightful Immigration Blog. Listed below are the top 10 most viewed blogs in 2017. While these are the 10 most viewed blogs, each blog is a carefully crafted gem, and we invite... Read More

Tags: mehta

Cyrus D. Mehta: Can the Beneficiary Pay the Fee in Federal Court Litigation Challenging an H-1B Visa or Labor Certification Denial?
Posted on 11 Jun 2018 by Daniel M. Kowalski

Cyrus D. Mehta, June 11, 2018 - "There is a clear prohibition to the foreign national beneficiary paying attorney fees and costs associated with labor certification. Similarly, fees and costs associated with the preparation of an H-1B petition and... Read More

The Empire Strikes Back: USCIS Rescinds Deference To Prior Approvals In Extension Requests - Cyrus D. Mehta
Posted on 30 Oct 2017 by Daniel M. Kowalski

Cyrus D. Mehta, Oct. 30, 2017 - "The Trump administration is deriving great pleasure in causing pain to people who wish to lawfully come to the United States and remain here lawfully. It has caused H-1B carnage as more H-1B visa petitions are being... Read More

Cyrus D. Mehta on California's Civil Rights Laws Protecting Immigrants
Posted on 13 Mar 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Mar. 12, 2018 - "The Trump administration has ramped up its ire against California by filing a lawsuit against three different California laws that aims to protect immigrants from the harsh effects of federal enforcement. The three... Read More

The AAO Finds That Entry Level Wages Do Not Automatically Preclude H-1B Visa Classification - Cyrus D. Mehta & Sophia Genovese
Posted on 6 Feb 2018 by Daniel M. Kowalski

Cyrus D. Mehta & Sophia Genovese, Feb. 6, 2018 - " As we have previously blogged , many of the Requests for Evidence (RFEs) issued to petitions filed under the FY 2018 H-1B visa lottery objected to the H-1B worker being paid an entry level wage... Read More

Tags: wage , mehta , AAO , H-1B , entry level

LexisNexis Immigration Experts Weigh In on H-1B 'Carnage'
Posted on 4 Apr 2018 by Daniel M. Kowalski

Shilpa Phadnis, Times of India, Apr. 4, 2018 - "Immigration experts believe there could be a sharp decline in the number of H-1B petitions filed by Indian IT services companies this year following the tough environment created by the US administration... Read More