Immigration Law

Recent Posts

Fallout from Trump’s Muslim Ban: Requiring Use of Social Media on Visa Application Forms - Cyrus Mehta
Posted on 10 Jun 2019 by Daniel M. Kowalski

Cyrus Mehta, June 10, 2019 "On May 31, 2019, the State Department added new questions to visa application forms , DS-160/DS-156 Nonimmigrant Visa Application and Form DS-260, Immigrant Visa Application. Visa applicants now have to disclose the... Read More

Making the Case for Expanding a Foreign National’s Interest in an I-140 Petition
Posted on 5 Jun 2019 by Daniel M. Kowalski

Cyrus D. Mehta & Patrick Matutina, June 5, 2019 "Current regulations generally preclude beneficiaries from participating in employment-based immigrant visa proceedings, including post-adjudication motions and appeals. The employment-based immigrant... Read More

Tags: mehta , USCIS , i-140

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

Cyrus Mehta on the Guilford College (Unlawful Presence) Injunction
Posted on 14 May 2019 by Daniel M. Kowalski

Cyrus Mehta and Amani M. Abuhamra, May 11, 2019 "In a promising development for F, J, and M nonimmigrants battling unlawful presence policy, a federal district court in North Carolina has granted a preliminary injunction preventing USCIS from enforcing... Read More

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

Barr Cannot Ignore the Constitution: The AG’s Latest Attack on Asylum Seekers in Matter of M-S-
Posted on 24 Apr 2019 by Daniel M. Kowalski

Sophia Genovese, Apr. 23, 2019 "The Attorney General cannot selectively choose when to apply the rule of law. Yet when it comes to immigrants, the government feels emboldened to ignore the constitutional protections that are afforded to immigrants... Read More

Tags: mehta , barr , genovese , asylum

Cyrus Mehta: Is USCIS Improving or Undermining the Immigration System?
Posted on 8 Apr 2019 by Daniel M. Kowalski

Cyrus Mehta, Apr. 6, 2019 "USCIS posted TOP TEN WAYS USCIS is improving the Integrity of the Immigration System . Really? Is USCIS improving the integrity of the system or undermining it? The USCIS has been mandated by Congress to grant benefits... Read More

Tags: mehta , USCIS

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

The Border Patrol Needs to Brush Up on the Law
Posted on 15 Feb 2019 by Daniel M. Kowalski

David Isaacson, Feb. 12, 2019 "In late January, Oregon comedian Mohanad Elshieky was briefly detained by the Border Patrol while traveling on a Greyhound bus in Spokane, Washington. He recounted the incident on Twitter , and it was also reported... Read More

To Leave Or Not To Leave: The Devastating Impact of USCIS’s Unlawful Presence Policy on Foreign Students - Cyrus Mehta
Posted on 28 Jan 2019 by Daniel M. Kowalski

Cyrus Mehta, Jan. 28, 2019 "The new USCIS Policy on Unlawful Presence for F, J and M Nonimmigrants took effect on August 9, 2018. This policy has had the effect of rendering nonimmigrants in F, J and M status, mainly students, unlawfully present... Read More

Cyrus Mehta: Trump Can Provide a Potential Path to Citizenship for H-1B Visa Holders
Posted on 14 Jan 2019 by Daniel M. Kowalski

Cyrus Mehta, Jan. 14, 2019 "On Friday, January 11, 2019, many were intrigued by President Trump’s tweet assuring H-1B visas that they should expect a potential path to citizenship. This is what he tweeted : “H1-B holders in the United... Read More

Tags: tweets , mehta , H-1B , Trump