Immigration Law

Recent Posts

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

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

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

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

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

One Step Forward, Two Steps Back: Immigration Benefits for Same-Sex and Domestic Partners in India
Posted on 21 Dec 2013 by Daniel M. Kowalski

"The question of immigration benefits to same sex couples is still a far cry in India. India not only disallows same sex marriages, it also currently criminalizes relationships between same sex partners, terming them as unnatural." - Cyrus D... Read More

Tags: mahesh , mehta , India , same-sex

AmEmb India Announces a New Visa Processing System
Posted on 6 Sep 2012 by Daniel M. Kowalski

"The United States Embassy in India today announced it is implementing a new visa processing system throughout India that will further standardize procedures and will simplify fee payment and appointment scheduling through a new website at www.ustraveldocs... Read More

Tags: India , online , visas , Web

EB2 India and China Visa Retrogression Likely in May
Posted on 27 Mar 2012 by Daniel M. Kowalski

"In a March 22, 2012 meeting with Charlie Oppenheim, the Department of State Visa Chief informed Mr. Ware that visa retrogression in the Employment-Based 2nd preference category for nationals of India and China is likely in May. Mr. Oppenheim... Read More

AAO Hardship Waiver Victory: India
Posted on 3 Dec 2012 by Daniel M. Kowalski

Scott D. Pollock writes: "Here is a nice decision we got from the AAO that overturns a previous denial of an I-601 for both 212(a)(9)(B) and 212(i) waivers. The qualifying relative U.S. citizen husband is an entrepreneur who is engaged in expanding... Read More

Does the IWP Bode Well for Indian H and L Visa Applicants?
Posted on 26 Nov 2012 by Daniel M. Kowalski

"It remains to be seen whether the expanded IWP will improve the processing of H-1B and L visa applications." - Cyrus D. Mehta, Nov. 25, 2012 . Read More

Tags: waiver , iwp , mehta , India , l-1 visas , H-1B

CA9 on India, Changed Conditions: Singh v. Holder
Posted on 22 May 2014 by Daniel M. Kowalski

Majority: "The IJ and the BIA determined that the government showed that there has been a fundamental change in circumstances such that Singh’s life or freedom would not be threatened on account of his race, religion, nationality, membership... Read More