Immigration Law

Recent Posts

Cyrus D. Mehta: USCIS Finalizes Unlawful Presence Policy Putting F, J And M Nonimmigrants In Great Jeopardy
Posted on 14 Aug 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Aug. 13, 2018 - "The USCIS finalized its unlawful presence policy for F, J and M nonimmigrants on August 9, 2018. The final policy makes no significant changes from the draft policy of May 10, 2018. My earlier blog noted the flaws... Read More

“Vague Laws Invite Arbitrary Power”: Making the Case for Crimes Involving Moral Turpitude Being Void for Vagueness - Sophia Genovese
Posted on 25 Jul 2018 by Daniel M. Kowalski

Sophia Genovese, July 23, 2018 - "The Supreme Court in Sessions v. Dimaya , 138 S. Ct. 1204 (2018) dramatically held that one aspect of the crime of violence definition contained within of the aggravated felony provision of the Immigration and Nationality... Read More

Threading the Needle: Challenging Trump’s Travel Ban Despite Trump v. Hawaii - Cyrus Mehta & Sophia Genovese
Posted on 2 Jul 2018 by Daniel M. Kowalski

Threading the Needle: Challenging Trump’s Travel Ban Despite Trump v. Hawaii, July 2, 2018, Cyrus Mehta & Sophia Genovese - "On June 26, 2018, the US Supreme Court in a 5-4 decision in Trump v. Hawaii upheld President Trump’s travel... Read More

Heightened Ethical and Strategic Considerations for Business Immigration Attorneys Under USCIS’s New Removal Policy - Cyrus D. Mehta
Posted on 17 Jul 2018 by Daniel M. Kowalski

Cyrus D. Mehta, July 16, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance on July 5, 2018, PM-602-0050.1 , that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities... Read More

How Trump Administration Officials Can Be Found Criminally Culpable For Separating Children From Parents - Cyrus Mehta & Sophia Genovese
Posted on 24 Jun 2018 by Daniel M. Kowalski

Cyrus Mehta & Sophia Genovese, June 24, 2018 - "The Trump Administration has continued to perpetuate the falsehood that immigrants are criminals, despite overwhelming evidence that communities are safer when immigrants arrive . Trump’s... Read More

Cyrus D. Mehta Unpacks #VisaGate2015: When is a Visa 'Immediately Available' for AOS Filing?
Posted on 5 Oct 2015 by Daniel M. Kowalski

Cyrus D. Mehta, Oct. 4, 2015 - " Central in the Mehta v. DOS lawsuit is whether the administration is authorized to establish a dual date system in the Department of State’s (DOS) Visa Bulletin, which it did for the first time in October 2015... Read More

Is Being Anti-Trump A New Ground Of Inadmissibility? - Cyrus Mehta
Posted on 24 Jan 2017 by Daniel M. Kowalski

Cyrus Mehta, Jan. 24, 2017 - " Over the weekend, a Canadian student of McGill University, Joseph Decunah, who was seeking to be admitted to protest at the Women’s March the day after President Trump’s inauguration was refused admission... Read More

Tags: march , mehta , cbp , Trump , border

Cyrus Mehta: The Employee Should Get Notice When an I-140 Petition is Revoked
Posted on 22 Aug 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Aug. 22, 2016 - "[A] worker who was sponsored by the original employer in the EB-3 can potentially re-boot into EB-2 through a new employer, and recapture the priority date applicable to the original I-140 petition. While the EB-2... Read More

Ebola and Immigration Law
Posted on 14 Oct 2014 by Daniel M. Kowalski

What is the law governing the arrival of citizens, green card holders, and foreigners with tourist or student visas, who might - or might not - have communicable diseases? Cyrus D. Mehta and David A. Isaacson answer those questions . It's more interesting... Read More

Putting Disney and H-1B Visas in Perspective - Cyrus D. Mehta
Posted on 7 Jun 2015 by Daniel M. Kowalski

"While the media highlights the cases of Disney and SoCal where US workers are laid off and replaced by H-1B workers of an IT consulting company, most employers hire H-1B workers to supplement their workforce and not to replace their workforce. The... Read More

Tags: Disney , mehta , H-1B

The B-1 Visa: Trap for the Tailor, Bricklayer and Tesla Motors - by Cyrus Mehta
Posted on 25 May 2016 by Daniel M. Kowalski

Cyrus D. Mehta, May 23, 2016 - "Many have gotten embroiled by the B-1 business visa in different ways. A tailor from Hong Kong who was accused of engaging in unauthorized work successfully argued that taking measurements on behalf of customers was... Read More

Tags: mehta , b-1 , Tesla

Cyrus D. Mehta - The Proposed USCIS Guidance on Job Portability: Good, Bad or Ugly?
Posted on 30 Nov 2015 by Daniel M. Kowalski

Cyrus D. Mehta, Nov. 29, 2015 - "It is vitally important that foreign nationals stuck in the employment-based backlogs be provided with broad flexibility to change jobs, and so all stake holders ought to comment on or before January 4, 2016 the defects... Read More

The Ethical Role of Immigration Lawyers During the Trump Regime - Cyrus Mehta
Posted on 20 Dec 2016 by Daniel M. Kowalski

Cyrus Mehta, Dec. 19, 2016 - "... The role of the immigration lawyer has become ever more important since Trump winning the election, and the prospects for increased immigration enforcement after January 20, 2017 when Trump is President. While Trump... Read More

Brexit and Xenophobia vs. Immigration and Innovation - Cyrus Mehta
Posted on 1 Jul 2016 by Daniel M. Kowalski

Cyrus Mehta, July 1, 2016 - "In the backlash against globalization, as seen in the vote in favor of Brexit , there is an even more insidious backlash against immigration. The world has prospered because of the expansion of trade and technology, and... Read More

Analysis of Key Provisions of the USCIS High-Skilled Worker Final Rule - Cyrus Mehta
Posted on 21 Nov 2016 by Daniel M. Kowalski

Cyrus Mehta, Nov. 21, 2016 - "The Department of Homeland Security issued final regulations on November 17, 2016 entitled “ Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant Workers... Read More