Immigration Law

Recent Posts

Through the Looking Glass: Adventures with Arrabally and Yerrabelly in Immigration Land
Posted on 28 Aug 2012 by Daniel M. Kowalski

"Arrabally and Yerrabelly are not characters in a children’s fantasy story book. They were the respondents in a decision of the Board of Immigration Appeals styled Matter of Arrabally and Yerrabelly , 25 I&N Dec. 771 (BIA 2012), which to... Read More

Does BALCA Speak For DOL? - Reflections on Island Holdings: Gary Endelman & Cyrus D. Mehta
Posted on 20 Jan 2014 by Daniel M. Kowalski

" In the ongoing litigation over the authority of the Department of Labor (DOL) to promulgate H-2B prevailing wage methodology in the Third Circuit, Louisiana Forestry Ass’n v. Secretary of Labor , No. 12-4030, the DOL wrote a letter stating... Read More

The ACA's Impact on LPRs Residing Outside the USA: Endelman & Mehta
Posted on 31 Mar 2014 by Daniel M. Kowalski

"[U]nless the IRS provides more specific guidance, it is not clear at this time whether an LPR who takes the bona fide residence exception for purposes of shielding foreign income can also be deemed to have the minimum essential coverage. LPRs who... Read More

KERRY V. DIN: AN OPPORTUNITY FOR THE SUPREME COURT TO RECONSIDER THE DOCTRINE OF CONSULAR NON-REVIEWABILITY
Posted on 7 Oct 2014 by Daniel M. Kowalski

"Not since the landmark case of Kleindienst v. Mandel , 408 U.S. 753 ( 1972) has the Supreme Court revisited the well-settled doctrine of consular nonreviewability. That may be about to change as the Supreme Court has agreed to hear Kerry v. Din... Read More

Do We Really Have to Wait for Godot? - Endelman & Mehta
Posted on 31 Aug 2014 by Daniel M. Kowalski

"While the Obama administration is working on unveiling administrative fixes to reform the immigration system, we wish to revive one idea, which we discussed in The Tyranny of Priority Dates . We propose that aliens caught in the crushing employment... Read More

Deferred Action: The Next Generation
Posted on 19 Jun 2012 by Daniel M. Kowalski

" While this memorandum is indeed a giant step in providing relief to a class of immigrants who have been out of status for no fault of their own, we propose other incremental administrative steps so that such individuals, even after they... Read More

Vartelas, 'Piepowder Courts,' and Predictability
Posted on 17 Apr 2012 by Daniel M. Kowalski

" The refusal to sanction IIRIRA retroactivity in Vartelas v. Holder provides the kind of predictability that LPRs need and deserve before they leave the USA and seek to return. This, after all, is why retroactivity is disfavored .This is precisely... Read More

Will the New L-1B Guidance Bring Fewer Denials...Or More of the Same? - Gary Endelman & Cyrus D. Mehta
Posted on 6 Apr 2015 by Daniel M. Kowalski

" If there is one visa uniquely suited to advance America’s competitive position in the global marketplace, it is the L-1B intra-company transferee visa for specialized knowledge employees. In an increasingly specialized economy where expertise... Read More

The Sweet Smell of Success: H-1B Visas for Entrepreneurs
Posted on 10 Dec 2012 by Daniel M. Kowalski

"The title of this blog may seem odd as the H-1B visa is usually associated with an employee who earns a regular wage at the prevailing rate. Yet, entrepreneurs may benefit from the H-1B. Since the USCIS recently set up an Entrepreneur Pathways Portal... Read More

Yes, He Can: A Reply to Professors Delahunty and Yoo
Posted on 29 Oct 2012 by Daniel M. Kowalski

"Article II, Sec. 3 of the Constitution provides that the President “shall take Care that the laws be faithfully executed.” That being so, can President Obama grant deferred action for childhood arrivals (DACA) whose presence here represents... Read More

Tags: daca , yoo , endelman , mehta

The Laboratories of Democracy: State Initiatives and Promotion of Immigration Reform
Posted on 13 Jan 2015 by Daniel M. Kowalski

"Although states have been experimenting with their own initiatives on immigration, they have been related to mainly punitive enforcement laws, the most notorious being Arizona’s SB 1070. Section 2(B) of the Arizona law, which was upheld by... Read More

Transmission of American Citizenship Through ART - Update: Gary Endelman & Cyrus D. Mehta
Posted on 14 Feb 2014 by Daniel M. Kowalski

"The Department of State has announced a major and most welcome policy shift to facilitate the transmission of American citizenship to children born outside the United States using Assisted Reproductive Technology (ART). It will no longer be necessary... Read More

WILL THE REVISED USCIS Q&A ON ESTABLSHING THE EMPLOYER-EMPLOYEE RELATIONSHIP IN H-1B PETITIONS SAVE STAFFING COMPANIES?
Posted on 19 Mar 2012 by Daniel M. Kowalski

"On March 12, 2012, the USCIS issued a revised Q&A on the Neufeld Memo containing helpful language under Questions 5 and Question 13, which did not exist in the prior guidance dated August 2, 2011 ." - Gary Endelman and Cyrus D. Mehta... Read More

Tags: Q&amp , endelman , mehta , H-1B , neufeld , A , USCIS

Fleuti Lives! The Restoration of a Constitutional Decision
Posted on 9 Apr 2012 by Daniel M. Kowalski

Even though the Vartelas Court did not have to decide if Fleuti still lived, it reminds us that, despite the failure of the BIA to realize it in Collado-Munoz , Fleuti is at heart a constitutional decision. Vartelas belongs in this same line of cases... Read More

Avoid Faction, Use Discretion: Just Say 'No' to SB 1070
Posted on 24 Apr 2012 by Daniel M. Kowalski

"Warning against the danger of faction in his famous Federalist Paper No. 10, James Madison sought to moderate the impact through the diffusion of power amongst the three branches of the federal government as well as between state and federal... Read More