Immigration Law

Recent Posts

Wang v. Blinken: "A Deep Disappointment"
Posted on 14 Jul 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, July 14, 2021 "On July 9, 2021, the U.S. Court of Appeals for the D.C. Circuit issued its opinion in Wang v. Blinken , No. 20-5076 (D.C. Cir. 2021), interpreting INA § 203(d) to include the counting of derivatives... Read More

Tags: mehta , visas , Blinken

Sanchez v. Mayorkas: Is There a Silver Lining?
Posted on 15 Jun 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, June 14, 2021 "On June 7, 2021, the Supreme Court decided Sanchez v. Mayorkas , holding that a grant of Temporary Protected Status (TPS) does not constitute an admission under INA § 245(a) for purposes of adjustment... Read More

Cyrus Mehta: Will Kisor Be The Nail In Castro-Tum's Coffin?
Posted on 11 May 2021 by Daniel M. Kowalski

Cyrus Mehta, May 10, 2021 "On May 5, 2021, the majority opinion in the Third Circuit Court of Appeals decision in Sanchez v. Attorney General followed two other circuit courts in holding that an Immigration Judge (IJ) has the authority to administratively... Read More

Cyrus Mehta on CSPA, Cuthill v. Blinken
Posted on 15 Mar 2021 by Daniel M. Kowalski

Cyrus Mehta, Mar. 15, 2021 "One of the unresolved conundrums in our immigration law is the inability of children of lawful permanent residents to be protected under the Child Status Protection Act (CSPA) when their parents naturalize to US citizenship... Read More

Tags: cspa , mehta

Proposal for the Biden Administration to Reduce Backlogs: Count the Family Together So That They May Stay Together
Posted on 17 Nov 2020 by Daniel M. Kowalski

Cyrus Mehta, Nov. 16, 2020 "Ever since I co-wrote The Tyranny of Priority Dates in 2010, followed by How President Obama Can Erase Immigrant Visa Backlogs With A Stroke Of A Pen in 2012, I have steadfastly maintained that the current and prior... Read More

Cyrus Mehta's Proposal for the Biden Administration
Posted on 9 Nov 2020 by Daniel M. Kowalski

Cyrus Mehta, Nov. 8, 2020 Proposal for the Biden Administration: Using the Dual Date Visa Bulletin to Allow the Maximum Number of Adjustment of Status Filings "As a result of the existence of the per country limits, those born in India and China... Read More

Cyrus Mehta - What If The Job Has Changed?
Posted on 26 Oct 2020 by Daniel M. Kowalski

Cyrus Mehta, Oct. 25, 2020 "Foreign national workers who have been waiting in the employment-based second and third preference green card backlogs for many years have fortuitously become eligible to file I-485 adjustment of status applications... Read More

Downgrading from EB-2 to EB-3 under the October 2020 Visa Bulletin
Posted on 26 Sep 2020 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, Sept. 25, 2020 "On September 24, 2020, the Department of State released the October 2020 Visa Bulletin . Importantly, the Filing Date for an EB-3 from India has advanced to January 1, 2015 from February 1, 2010 in... Read More

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