Immigration Law

Recent Posts

Denial of H-1B Cases: The Occupational Outlook Handbook is Not the Holy Grail
Posted on 16 Oct 2019 by Daniel M. Kowalski

Cyrus D. Mehta and Gianna Boccanfuso, Oct. 15, 2019 "The USCIS continues to strictly scrutinize H-1B petitions. According to an NFAP report , denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 33% through... Read More

Tags: OOH , mehta , H-1B , USCIS

Cyrus Mehta: The Nuts and Bolts of Complying with DOL's H-1B Notice Requirements
Posted on 25 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 25, 2019 "A US employer has to meet several requirements when filing an H-1B visa petition on behalf of the foreign national employee. One important requirement is for the employer to notify affected US workers regarding its intent... Read More

Tags: mehta , H-1B

Cyrus Mehta - H-1B Visa Contest: US Master’s Degree v. Foreign Degree
Posted on 2 Dec 2018 by Daniel M. Kowalski

Cyrus Mehta, Dec. 2, 2018 - "The Trump Administration has proposed a rule that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated... Read More

Tags: mehta , H-1B

Suspension of Premium Processing: Another Attack On the H-1B Program (Cyrus Mehta)
Posted on 4 Sep 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 3, 2018 - "The Trump administration has restricted the H-1B program by making it harder for employers to obtain an approval. It has done this without changing the law through Congress or amending any rule. Routine H-1B visa... Read More

The Sweet Smell of Success: H-1B Visas for Entrepreneurs
Posted on 10 Dec 2012 by Daniel M. Kowalski

"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... Read More

Does the IWP Bode Well for Indian H and L Visa Applicants?
Posted on 26 Nov 2012 by Daniel M. Kowalski

"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 . Read More

Tags: waiver , iwp , mehta , India , l-1 visas , H-1B

Cyrus Mehta on the H-1B Cap Filing Aftermath: Evaluating the Fate of the Computer Programmer and the H-1B-Dependent Employer
Posted on 8 Apr 2017 by Daniel M. Kowalski

Cyrus Mehta, Apr. 8, 2017 - "On March 31, 2017, on the eve of the FY 2018 H-1B Cap filing season , the USCIS issued a policy memorandum stating that computer programmer positions are not always “specialty occupations” that would render... Read More

Avoid The Confusion: Complying With The Simeio Decision One Year Later - Michelle S. Velasco
Posted on 11 Jul 2016 by Daniel M. Kowalski

Michelle S. Velasco, July 11, 2016 - " Employers of roving H-1B employees have scratched their heads in confusion over the Administrative Appeals Office’s April 9, 2015 decision, Matter of Simeio Solutions, LLC , 26 I&N Dec. 542 (AAO 2015... Read More

Tags: mehta , velasco , H-1B , simeio

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta
Posted on 13 Apr 2015 by Daniel M. Kowalski

"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... Read More

How a Single Complaint Can Lead to an H-1B Investigation - Cora-Ann V. Pestaina
Posted on 31 Dec 2015 by Daniel M. Kowalski

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... Read More

H-1B Hip-Hop by L.L. M-Jay
Posted on 1 Apr 2013 by Daniel M. Kowalski

"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 . Read More

Tags: mehta , H-1B , jaidi

Close, But No Cigar! The Meaning of 'Affiliation' For Purposes of the H-1B Cap Exemption - Anand G. Sinha
Posted on 16 Aug 2016 by Daniel M. Kowalski

Anand G. Sinha, Aug. 12, 2016 - "The annual numeric limitation on the issuance of H-1B visas has been written about extensively in prior posts. It is no secret that the H-1B cap, as it is commonly referred to, has crushed the dreams of both prospective... Read More

Tags: sinha , mehta , affiliated , H-1B , ac21

Cyrus Mehta: Dealing With the Dreaded RFE – Reflections of an Immigration Lawyer
Posted on 25 Sep 2017 by Daniel M. Kowalski

Cyrus Mehta, Sept. 25, 2017 - " ... An article in Reuters by Yeganeh Torbati entitled “ Trump administration red tape tangles up visas for skilled foreigners, data shows ,” where I have been quoted, brilliantly shines the torch on the... Read More

Tags: mehta , rfe , H-1B , USCIS

When an Amended H-1B Petition is Not Required, Even After Simeio Solutions: Cyrus D. Mehta
Posted on 4 May 2015 by Daniel M. Kowalski

" 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... Read More

Tags: amended , mehta , H-1B , simeio

Cyrus Mehta: New Developments In H-1B Cap Exemption, FY 2018
Posted on 3 Apr 2017 by Daniel M. Kowalski

Cyrus Mehta, Apr. 3, 2017 - "U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017,... Read More

Tags: mehta , cap , H-1B , exemption