Immigration Law

Recent Posts

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

Cyrus Mehta on Artificial Reproductive Technology and Transmission of American Citizenship: Is There Any Need For A Biological Link After Jaen v. Sessions?
Posted on 27 Aug 2018 by Daniel M. Kowalski

Cyrus Mehta, Aug. 27, 2018 - "When a child is born abroad to a US citizen parent, the Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) has always insisted on a biological relationship with a US citizen parent in order... Read More

David Isaacson on Jaen v. Sessions: The Second Circuit Reminds Us That Government Manuals Aren’t Always Right
Posted on 22 Aug 2018 by Daniel M. Kowalski

David Isaacson, Aug. 21, 2018 - "For many years, the policy guidance of the Department of State (DOS) and U.S. Citizenship and Immigration S ervices (USCIS) has required that a child show a biological relationship with a U.S. citizen parent in order... Read More

Employer Not Always Obligated To Pay Return Transportation Cost Of Terminated H-1B Worker - Cyrus Mehta
Posted on 24 Mar 2017 by Daniel M. Kowalski

Cyrus Mehta, Mar. 21, 2017 - "In Vinayagam v. Cronous Solutions, Inc ., ARB Case No. 15-045, ALJ Case No. 2013-LCA-029 (ARB Feb. 14, 2017) the Administrative Review Board held that an employer’s failure to pay return transportation costs home... Read More

Michelle S. Velasco: USCIS Questions Bus. Admin. Degrees for H-1B Visas
Posted on 10 Nov 2015 by Daniel M. Kowalski

Michelle S. Velasco, Nov. 10, 2015 - "Since writing last year on the challenges facing employers who wish to hire H-1B workers for uncommon specialty occupations, we have seen the U.S. Citizenship and Immigration Services (USCIS) present a novel... Read More

Reviving The National Interest Waiver For International Entrepreneurs - Cyrus Mehta
Posted on 24 Oct 2016 by Daniel M. Kowalski

Cyrus Mehta, Oct. 24, 2016 - "A proposed rule would allow the Department of Homeland Security (DHS) to use its existing discretionary statutory parole authority for entrepreneurs of startup entities whose stay in the United States would provide a... Read More