Immigration Law

Recent Posts

Acting AG Whitaker Takes Aim at Asylum Seekers Fleeing Family-Based Persecution - Sophia Genovese
Posted on 11 Dec 2018 by Daniel M. Kowalski

Sophia Genovese, Dec. 10, 2018 - "Acting Attorney General Matthew Whitaker has followed in his predecessor’s footsteps by referring yet another immigration case to himself, Matter of L-E-A-, 27 I&N Dec. 494 (A.G. 2018) . The Acting AG asks... Read More

Cyrus Mehta - H-1B Visa Contest: US Master’s Degree v. Foreign Degree
Posted on 2 Dec 2018 by Daniel M. Kowalski

Cyrus Mehta, Dec. 2, 2018 - "The Trump Administration has proposed a rule that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated... Read More

Tags: mehta , H-1B

Trump is Not King, Cannot Change US Asylum System via Executive Action
Posted on 26 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta, Nov. 26, 2018 - "Donald Trump probably thinks that section 212(f) of the Immigration and Nationality Act (INA) makes him king as far as immigration matters are concerned. As a president with autocratic impulses, INA § 212(f) gives... Read More

Tags: mehta , Trump , asylum

Cyrus Mehta on a New Mutant H-1B Gene - Undifferentiated Engineering Degrees
Posted on 20 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta, Nov. 19, 2018 - "It has become harder to obtain an approval of an H-1B visa petition under the Trump administration. The USCIS insists that an occupation must require a degree in a specific specialty. It constantly moves the goalposts... Read More

Labor Certification: Mustn’t the US Job Applicant Be Able to Perform the Job Even If Qualified on Paper?
Posted on 7 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta & Sophia Genovese, Nov. 6, 2018 - "PERM labor certification operates outside of the realm of typical real world recruitment efforts. Whereas employers in the real world normally look to hire the most qualified applicant, PERM requires... Read More

EB-5 Visa Cap Busting Lawsuit Opens Up Tantalizing Possibilities to Eliminate Backlogs in Employment and Family Preference Immigrant Visas
Posted on 30 Oct 2018 by Daniel M. Kowalski

Cyrus Mehta, Oct. 30, 2018 - "Ever since I co-wrote The Tyranny of Priority Dates in 2010, followed by How President Obama Can Erase Immigrant Visa Backlogs With A Stroke Of A Pen in 2012, I have steadfastly maintained that the current Trump and... Read More

USCIS Denying Change Of Status For F-1 Students With Over 12 Months Of Curricular Practical Training
Posted on 24 Oct 2018 by Daniel M. Kowalski

Cora-Ann Pestaina, Oct. 23, 2018 - "An F-1 student who has received more than 12 months of Curricular Practical Training (CPT) may be found by United States Citizenship & Immigration Services (USCIS), to have violated F-1 status and thus ineligible... Read More

The Vulnerable Returning Green Card Holder Under the Proposed Public Charge Rule - Cyrus Mehta
Posted on 15 Oct 2018 by Daniel M. Kowalski

Cyrus Mehta, Oct. 15, 2018 - "The notion of public charge has existed in our immigration laws since more than a century. The Trump administration’s new proposed public charge rule , however, interprets “is likely at any time to become... Read More

Recipe for Confusion: USCIS Says Only the Final Action Date in Visa Bulletin Protects a Child’s Age Under the Child Status Protection Act - Cyrus D. Mehta
Posted on 25 Sep 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 22, 2018 - "The Child Status Protection Act is one of the most complex pieces of immigration legislation. Passed in 2002, the CSPA protects the age of children who would otherwise not qualify as children if they turned 21. The... Read More

A Pro Bono Asylum Lawyer Responds to the Latest Attack from A.G. Sessions
Posted on 10 Sep 2018 by Daniel M. Kowalski

Expecting Asylum-Seekers to Become US Asylum Law Experts: Reflections on My Trip to the Folkston ICE Processing Center Sophia Genovese, Sept. 10, 2018 - "US asylum law is nuanced, at times contradictory, and ever-changing. As brief background,... Read More

Suspension of Premium Processing: Another Attack On the H-1B Program (Cyrus Mehta)
Posted on 4 Sep 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 3, 2018 - "The Trump administration has restricted the H-1B program by making it harder for employers to obtain an approval. It has done this without changing the law through Congress or amending any rule. Routine H-1B visa... Read More

Cyrus Mehta on Artificial Reproductive Technology and Transmission of American Citizenship: Is There Any Need For A Biological Link After Jaen v. Sessions?
Posted on 27 Aug 2018 by Daniel M. Kowalski

Cyrus Mehta, Aug. 27, 2018 - "When a child is born abroad to a US citizen parent, the Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) has always insisted on a biological relationship with a US citizen parent in order... Read More

David Isaacson on Jaen v. Sessions: The Second Circuit Reminds Us That Government Manuals Aren’t Always Right
Posted on 22 Aug 2018 by Daniel M. Kowalski

David Isaacson, Aug. 21, 2018 - "For many years, the policy guidance of the Department of State (DOS) and U.S. Citizenship and Immigration S ervices (USCIS) has required that a child show a biological relationship with a U.S. citizen parent in order... Read More

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