Immigration Law

Recent Posts

CA9 on Credibility, Changed Conditions (Sikhs in India) - Singh v. Garland
Posted on 30 Aug 2022 by Daniel M. Kowalski

Singh v. Garland "We have held that the Board of Immigration Appeals (BIA) may rely on a prior adverse credibility determination to deny a motion to reopen if that earlier finding factually undercuts the petitioner’s new argument. Greenwood... Read More

US Imposes COVID Travel Ban on India: How Effective Are Such Travel Bans?
Posted on 3 May 2021 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box*, May 3, 2021 "In previous blogs we have discussed the Trump administration’s numerous COVID travel bans that were extended by President Biden, and provided suggestions for overcoming them. On Friday, April... Read More

Tags: mehta , India , COVID-19

Presidential Proclamation, India, Suspension and Limitation on Entry of Certain Non-immigrants
Posted on 3 May 2021 by Daniel M. Kowalski

White House, Apr. 30, 2021 "I, JOSEPH R. BIDEN JR., President of the United States, by the authority vested in me by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a) of the Immigration and Nationality... Read More

Cyrus Mehta on America, India, Immigration and Values
Posted on 14 Dec 2019 by Daniel M. Kowalski

Cyrus Mehta, Dec. 14, 2019 How the Founding Values of Two Great Nations – United States and India – Can Get Hollowed Out Through Tweaks in their Immigration Laws "Until President Trump of the United States and Prime Minister Modi... Read More

Companies Say U.S. Consulate In India Denies L-1 Visas At Alarming Rate
Posted on 19 Nov 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, Nov. 18, 2019 "U.S. consular officers are making it extremely difficult, and in some cases nearly impossible, for U.S. companies to transfer their employees from India into America on L-1 visas. The culprit is the Trump... Read More

Tags: India , L-1 Visa , USCIS

Expert: Limits on Indian H-1Bs Would Be 'Bad Law and Bad Policy'
Posted on 21 Jun 2019 by Daniel M. Kowalski

Shilpa Phadnis, TNN, June 20, 2019 " Stephen Yale-Loehr , professor of immigration law practice at Cornell Law School, said if the Trump administration carries through on reported plans to limit H-1B visas for citizens of India, it would be both... Read More

Embassy of India in DC Warns Students of DHS Fake University Visa Stings
Posted on 11 Apr 2019 by Daniel M. Kowalski

Embassy of India, Washington, DC, Apr. 10, 2019 - Advisory for Indian Students "In recent years, instances of '"fake" Universities set up by the US law enforcement agencies have come to light. According to the US law enforcement,... Read More

CA9 on Asylum, Internal Relocation: Singh v. Whitaker
Posted on 24 Jan 2019 by Daniel M. Kowalski

Singh v. Whitaker "We hold that the BIA erred in failing to conduct a reasoned analysis with respect to Singh’s situation to determine whether, in light of the specific persons or entities that caused his past persecution, and the nature... Read More

New State Department Data Show L-1 Visa Approvals Declined Significantly at U.S. Posts in India in 2011
Posted on 6 Nov 2011 by Daniel M. Kowalski

"The number of L-1 visas issued at U.S. posts in India declined by 28 percent from 2010 to 2011, according to data obtained from the U.S. Department of State in a new report by the National Foundation for American Policy (NFAP), an Arlington, Va... Read More

Give Peace a Chance: End the U.S.-India Immigration and Trade War Now
Posted on 25 Jun 2013 by Daniel M. Kowalski

"The drums of war are pounding. Prominent American companies, through a variety of business associations , are urging the Obama Administration and Congress to punish the Government of India for mounting hostile actions in a brewing trade war. ..... Read More

Missive from Mumbai: Why Are U.S. Immigration Agencies Attacking India and Hurting America?
Posted on 7 Nov 2011 by Daniel M. Kowalski

"The odds of Indians receiving U.S. business-based visas have worsened in 18 years. Last week, in Bangalore, I again addressed an audience of Indian executives and entrepreneurs who this time were far more glum than giddy. The title of my presentation... Read More

Tags: paparelli , India , visas

A trade war wages across US consulates in India over H-1B visas. Is a truce in sight?
Posted on 29 Nov 2012 by Daniel M. Kowalski

"America’s unofficial trade war against India might be coming to an end. For the last few years, US consulates across India have excessively scrutinized visa applicants in the H-1B and L categories. These refer to highly skilled professional... Read More

No Longer So Fast! EB-1 Retrogression For Indian- And Chinese-Born Foreign Nationals: Cyrus D. Mehta and Anand G. Sinha
Posted on 18 Jul 2016 by Daniel M. Kowalski

Cyrus D. Mehta and Anand G. Sinha, July 18, 2016 - "One does not need a degree in public policy or law to understand the basic premise behind the concept that the United States ought to make the attraction of the best and brightest individuals a... Read More

Green Card Backlogs, Anti-Immigrant Mood in USA Triggers Brain Drain
Posted on 26 Sep 2017 by Daniel M. Kowalski

Suzanne Sataline, Foreign Policy, Sept. 22, 2017 - "Changes in the U.S. skilled visa scheme could trigger large economic and intellectual losses, especially in states with many South Asian residents such as California and New Jersey. Some foreign... Read More

CA2 on India, Asylum, Timeliness, Credibility, Relocation: Singh v. Sessions (unpub.)
Posted on 19 Apr 2017 by Daniel M. Kowalski

Singh v. Sessions, Apr. 14, 2017 (unpub.) - "[T]he agency required Singh to definitively establish his arrival date, and ignored evidence that Singh lived in India during the year preceding his filing, which was material to whether he filed his application... Read More