Immigration Law

Recent Posts

Cyrus Mehta: Ethics for Immigration Lawyers During COVID-19
Posted on 15 Jun 2020 by Daniel M. Kowalski

Cyrus Mehta, June 15, 2020 "Based on my video presentation at a Practising Law Institute One Hour Briefing entitled Ethics and Immigration: Spotlight on Select Rules and Client Representation during Covid-19 , I drew up some frequently answered... Read More

Tags: mehta , COVID-19 , ethics

The Differing Impact of Foreign Entity Changes on an L-1 Extension and EB-1(C) Petition
Posted on 29 May 2020 by Daniel M. Kowalski

Cyrus D. Mehta and Rebekah Kim, May 20, 2020 "U.S. Citizenship and Immigration Services (USCIS) has issued a final policy memorandum designating Matter of F-M- Co . as an Adopted Administrative Appeals Office Decision. The decision clarifies that... Read More

Tags: mehta , l-1 visas

Cyrus Mehta: FAQ on Skilled Workers in the Green Card Backlog
Posted on 11 May 2020 by Daniel M. Kowalski

Cyrus Mehta, May 11, 2020 "Skilled workers caught in the employment-based backlogs face great uncertainty during the COVID-19 crisis. They have to continue to work for employers who have sponsored them green cards while maintaining H-1B status... Read More

Cyrus Mehta: FAQ on Changes in Salary, Working Conditions
Posted on 4 May 2020 by Daniel M. Kowalski

Cyrus Mehta, May 4, 2020 "In continuation of my Frequently Asked Questions (FAQ) relating to the COVID-19 crisis on immigration issues, I focus on other nonimmigrant visa categories besides the H-1B visa category. Changes in employment at the workplace... Read More

Tags: mehta , COVID-19

FAQ for Green Card Holders during the COVID-19 Period
Posted on 13 Apr 2020 by Daniel M. Kowalski

Cyrus Mehta, Apr. 13, 2020 "I have received inquiries from lawful permanent residents, or green card holders, who are outside the United States and have been unable to return to the United States in the COVID-19 period. They are unable to return... Read More

Cyrus Mehta's FAQ on Changes in Salary, Working Conditions for H-1Bs During the C19 Crisis
Posted on 30 Mar 2020 by Daniel M. Kowalski

Cyrus Mehta, Mar. 30, 2020 "The novel coronavirus (SARS-CoV-2), which causes the disease COVID-19, is a pandemic threatening populations in the United States and worldwide. The US economy has virtually shut down. Many employers who have been forced... Read More

Tags: mehta , H-1B , COVID-19

Ethical Dimensions to Federal Court Litigation in Immigration Matters
Posted on 21 Jan 2020 by Daniel M. Kowalski

Cyrus Mehta, Jan. 21, 2020 "In light of the higher possibility of denials of routine H-1B and L-1 petitions, immigration lawyers may want to consider stepping out of their comfort zones. They should consider thinking about representing the client... Read More

Cyrus Mehta: The Fascinating Confluence of TPS, Removal and Employment-Based AOS
Posted on 13 Jan 2020 by Daniel M. Kowalski

Cyrus Mehta, Jan. 13, 2020 "Immigration Judge Ila C. Deiss’ summary order shows how one who is granted Temporary Protected Status can adjust to permanent resident status through an I-140 petition filed by an employer. Here are the facts... Read More

Isn't Being Extraordinary More Than Enough?
Posted on 5 Dec 2019 by Daniel M. Kowalski

Cyrus Mehta and Patrick Matutina, Dec. 4, 2019 "We have previously blogged regarding The Curse of Kazarian v. USCIS in Extraordinary Ability Adjudications Under the Employment-Based First Preference. Kazarian v. USCIS , 596 F.3d 1115 (9th Cir.... Read More

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

Residence in the Twilight Zone: Are USCIS and the State Department Trying to Encourage Some U.S. Citizen Parents to Get Divorced?
Posted on 9 Oct 2019 by Daniel M. Kowalski

David Isaacson, Oct. 7, 2019 "Under section 301(c) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1401(c) , a child born outside the United States is a citizen when born “of parents both of whom are citizens of the United States... Read More

Cyrus Mehta: Federal Courts May Not Have the Last Word in Reviewing Denial of NIW
Posted on 10 Sep 2019 by Daniel M. Kowalski

Cyrus Mehta, Sept. 9, 2019 "Filing lawsuits in federal court to challenge erroneous denials of visa petitions by USCIS have become more frequent. There is more of a shot at a reversal when a federal judge reviews a denial of the USICS. Under the... Read More

Recent BALCA Cases Highlight the Importance of Choosing the Right Sunday Newspaper
Posted on 15 Aug 2019 by Daniel M. Kowalski

Cora-Ann Pestaina, Aug. 7, 2019 "In June 2019, the Board of Alien Labor Certifications Appeals (BALCA) issued at least ten decisions that addressed the employers’ choice of Sunday newspaper in the PERM labor certification recruitment process... Read More

Save Optional Practical Training for Foreign Students - Cyrus Mehta
Posted on 9 Jul 2019 by Daniel M. Kowalski

Cyrus Mehta, July 8, 2019 "DHS promulgated the F-1 STEM optional practical training (OPT) benefit, with the publication of the “24-month STEM OPT Rule” that became effective on May 10, 2016. See 81 FR 13039 . This rule has been the... Read More

Illogical Situation for F2A Spouses and Children under the July 2019 Visa Bulletin - Cyrus Mehta
Posted on 24 Jun 2019 by Daniel M. Kowalski

Cyrus Mehta, June 23, 2019 "The Department of State Visa Bulletin is eagerly anticipated each month. It tells aspiring immigrants their place in the green card queue, and whether one has moved ahead, remained static or gone backwards. There are... Read More