Immigration Law

Recent Posts

Termination in the Twilight Zone When the I-485 Application Has Been Pending for Less Than 180 Days
Posted on 23 May 2023 by Daniel M. Kowalski

Cyrus D. Mehta & Jessica Paszko, May 23, 2023 "Just a couple of months ago we considered the options available to terminated H-1B workers who want to become entrepreneurs . Since then, layoffs have not abated and we’ve continued thinking... Read More

Kellogg Has Reared its Ugly Head in the New Labor Certification Form: How Do We Deal with Alternate Requirements?
Posted on 17 May 2023 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, May 16, 2023 "Our most recent blog in this series discusses the new Application for Permanent Employment Certification, Form ETA 9089 (“ETA 9089”) and corresponding Application for Prevailing Wage Determination... Read More

Answering Tricky Questions on the Revised Labor Certification Form on Dual Representation and Familial Relationships
Posted on 8 May 2023 by Daniel M. Kowalski

Cyrus Mehta, May 8, 2023 "The Department of Labor’s Office of Labor Certification (OFLC) has revised the Application for Permanent Employment Certification, ETA Form 9089, as well as the corresponding Application for Prevailing Wage Determination... Read More

Pathways for Terminated H-1B Workers Who Want to Become Entrepreneurs
Posted on 18 Mar 2023 by Daniel M. Kowalski

Cyrus D. Mehta, Jessica Paszko, Mar. 18, 2023 "The list of options for an H-1B beneficiary who has been laid off is often narrow. At the top of the list sits the most obvious option: find another employer who will sponsor you for an H-1B. Although... Read More

Khedkar v. USCIS Affirms that Employee Also Has Interest in an I-140 Petition Filed By Employer
Posted on 2 Mar 2023 by Daniel M. Kowalski

Cyrus Mehta, Kaitlyn Box, Feb. 28, 2023 "Because an employment-based immigrant visa petition, or Form I-140, is filed by an employer on behalf of a foreign national employee who is being sponsored for permanent residency, there is sometimes a perception... Read More

USCIS Guidance Enabling STEM Graduates to Obtain O-1 Extraordinary Visas Should Apply Equally to EB-1 Extraordinary Petitions for Green Cards
Posted on 1 Nov 2022 by Daniel M. Kowalski

Cyrus D. Mehta & Jessica Paszko*, Nov. 1, 2022 "Earlier this year, the USCIS issued policy guidance in the USCIS Policy Manual to clarify how the USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability... Read More

A Tale of Two Cases – Washtech v. DHS and Texas v. USA
Posted on 11 Oct 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, Oct. 11, 2022 - A Tale of Two Cases – Washtech v. DHS and Texas v. USA: To What Extent can the Executive Branch Allow Noncitizens to Remain and Work in the US "To what extent can the Executive Branch allow... Read More

The Legal Basis for DACA as Expressed in the Final Rule
Posted on 31 Aug 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Kaitlyn Box, Aug. 31, 2022 "On August 24, 2022, the Department of Homeland Security (DHS) issued a final rule aimed at “preserving and fortifying” the Deferred Action for Childhood Arrivals (DACA) program. The DACA... Read More

Justice Barrett and the Fate of the Mayorkas Prosecutorial Discretion Memo
Posted on 17 Aug 2022 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Aug. 16, 2022 "On July 21, 2022, the Supreme Court granted certiorari in United States v. Texas , which involves a challenge to the U.S. Immigration and Customs Enforcement (ICE) enforcement priorities as originally... Read More

"Team Anywhere"
Posted on 8 Aug 2022 by Daniel M. Kowalski

Cyrus Mehta, Kaitlyn Box, Aug. 8, 2022 "From reliance on Zoom meetings to conduct business to an increased emphasis on employees’ health and wellbeing, COVID has ushered in fundamental alterations to many workplace cultures. But innovations... Read More

Don't Forget Sunday Ads!
Posted on 8 Aug 2022 by Daniel M. Kowalski

Cyrus D. Mehta, Jessica Paszko, Aug. 3, 2022 "It’s no secret that employers wishing to sponsor a foreign national for permanent employment must jump through many bureaucratic hoops that Congress once envisioned would ensure that foreigners... Read More

Ethical Considerations when ICE Moves to Dismiss Removal Proceedings under the Doyle Prosecutorial Discretion Memo
Posted on 9 May 2022 by Daniel M. Kowalski

Cyrus Mehta and Kaitlyn Box, May 9, 2022 "On April 3, 2022 the U.S. Immigration and Custom Enforcement (ICE) Office of the Principal Legal Advisor (OPLA) Kerry E. Doyle issued a memorandum (“the Doyle memo”) which empowers ICE attorneys... Read More

Cyrus Mehta on Portability
Posted on 18 Apr 2022 by Daniel M. Kowalski

Cyrus Mehta, Apr. 18, 2022 I-485 Supplement J Should Not Be the Only Vehicle to Express Portability "It is well settled that noncitizens must have the requisite intent to work for their employers at the time of entry or adjustment of status under... Read More

Immigration Relief for Ukrainian Refugees: What the United States is Currently Offering
Posted on 4 Apr 2022 by Daniel M. Kowalski

Cyrus Mehta, Apr. 2, 2022 "I conducted a one hour presentation on immigration relief for Ukrainians under the aegis of the Practicing Law Institute on March 29, 2022, and spoke about options for Ukrainians in the US as well as for those who have... Read More

Tags: mehta , Ukraine

USCIS Contact Center is More a Source of Frustration than Assistance
Posted on 15 Mar 2022 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, and Jessica Paszko, Mar. 15, 2022 "The USCIS Contact Center purports to provide tools for checking case statuses online, correcting notices that contain mistakes or were never delivered, and connecting applicants to... Read More

Tags: mehta , USCIS