Immigration Law

Recent Posts

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

Questions Arising from Foreign Entity Changes after an L-1 Petition is Approved
Posted on 23 May 2019 by Daniel M. Kowalski

Cyrus Mehta and Rebekah Kim, May 22, 2019 "An L-1 visa may be issued to a foreign national employee who has worked abroad for at least one continuous year within the last three years for a qualifying, related business entity (e.g., parent, subsidiary... Read More

Tags: mehta , l-1 visas

Habeas After Expedited Removal - David Isaacson
Posted on 8 May 2019 by Daniel M. Kowalski

David Isaacson, May 7, 2019 "In 2011, I wrote an article on our firm’s website about how then-recent case law could provide an opportunity for some returning nonimmigrants to challenge, in federal court, the government’s efforts to... Read More

Cyrus Mehta: Positive Changes, Especially for Foreign Students, to 90-Day Misrepresentation Guidance in the FAM
Posted on 29 Apr 2019 by Daniel M. Kowalski

Cyrus Mehta, Apr. 27, 2019 "In September 2017, the State Department abruptly amended the Foreign Affairs Manual to provide consular officers with broader grounds to find that foreign nationals misrepresented their intentions when they came to the... Read More

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: Advancing a 'Social Group Plus' Claim After Matter of A-B-
Posted on 12 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 9, 2019 "In Matter of A-B – , 27 I&N Dec. 227 (A.G. 2018), former Attorney General Jeff Sessions overruled a prior Board of Immigration Appeals (BIA) precedent, Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014), which... Read More

Trump Administration Imposes Another Unnecessary Obstacle: USCIS to Issue New Version of Form I-539 and New I-539A on March 8
Posted on 5 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 4, 2018 "U.S. Citizenship and Immigration Services (USCIS) has announced that the revised Form I-539, Application to Extend/Change Nonimmigrant Status, and new Form I-539A, will be published on March 8, 2019, not March 11 as previously... Read More

Tags: mehta , USCIS

Don’t Always Suck Up to BAHA - Cyrus Mehta
Posted on 25 Feb 2019 by Daniel M. Kowalski

Cyrus Mehta, Feb. 25, 2019 "President Trump’s Buy American Hire American Executive Order (BAHA) has little relevance in an economy where the unemployment rate is 4% and the Labor Department has reported that there is a record high of 7.3... Read More

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

EB-5 Visa Cap Busting Lawsuit Opens Up Tantalizing Possibilities to Eliminate Backlogs in Employment and Family Preference Immigrant Visas
Posted on 30 Oct 2018 by Daniel M. Kowalski

Cyrus Mehta, Oct. 30, 2018 - "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 Trump and... Read More

Recipe for Confusion: USCIS Says Only the Final Action Date in Visa Bulletin Protects a Child’s Age Under the Child Status Protection Act - Cyrus D. Mehta
Posted on 25 Sep 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 22, 2018 - "The Child Status Protection Act is one of the most complex pieces of immigration legislation. Passed in 2002, the CSPA protects the age of children who would otherwise not qualify as children if they turned 21. The... Read More

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