Immigration Law

Recent Posts

USCIS Cites to 1911 'Cruel Injustice' Case to Support Public Charge Rule
Posted on 20 Aug 2019 by Daniel M. Kowalski

David Isaacson, Aug. 20, 2019 “An Act of Cruel Injustice”: If the Trump Administration is Relying on Grudging Court Acceptance of Cruel Results as Support for the New Public Charge Rule, What Does That Say About the Rule? ... Read More

Recent BALCA Cases Highlight the Importance of Choosing the Right Sunday Newspaper
Posted on 15 Aug 2019 by Daniel M. Kowalski

Cora-Ann Pestaina, Aug. 7, 2019 "In June 2019, the Board of Alien Labor Certifications Appeals (BALCA) issued at least ten decisions that addressed the employers’ choice of Sunday newspaper in the PERM labor certification recruitment process... Read More

Cyrus Mehta: Need to Plan Ahead Before Sponsoring a Senior Parent for a Green Card
Posted on 31 Jul 2019 by Daniel M. Kowalski

Cyrus Mehta, July 29, 2019 "Many US citizens, especially those who have recently naturalized, desire to sponsor their senior parents for lawful permanent residence, also colloquially known as the green card. A US citizen can sponsor a parent for... Read More

Save Optional Practical Training for Foreign Students - Cyrus Mehta
Posted on 9 Jul 2019 by Daniel M. Kowalski

Cyrus Mehta, July 8, 2019 "DHS promulgated the F-1 STEM optional practical training (OPT) benefit, with the publication of the “24-month STEM OPT Rule” that became effective on May 10, 2016. See 81 FR 13039 . This rule has been the... Read More

Illogical Situation for F2A Spouses and Children under the July 2019 Visa Bulletin - Cyrus Mehta
Posted on 24 Jun 2019 by Daniel M. Kowalski

Cyrus Mehta, June 23, 2019 "The Department of State Visa Bulletin is eagerly anticipated each month. It tells aspiring immigrants their place in the green card queue, and whether one has moved ahead, remained static or gone backwards. There are... Read More

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