Immigration Law

Recent Posts

Breakthrough in Matter of V-S-G- Inc.: AC21 Beneficiaries Given Opportunity to Be Heard When I-140 is Revoked
Posted on 27 Nov 2017 by Daniel M. Kowalski

Cyrus Mehta, Nov. 27, 2017 - "The law generally recognizes that petitioners control their visa petitions. See 8 CFR 103.2(a)(3). A beneficiary cannot force a petitioner to pursue or maintain a visa petition. Therefore, USCIS communicates only with... Read More

Tags: mehta , AAO , i-140 , v-s-g-

The AAO Finds That Entry Level Wages Do Not Automatically Preclude H-1B Visa Classification - Cyrus D. Mehta & Sophia Genovese
Posted on 6 Feb 2018 by Daniel M. Kowalski

Cyrus D. Mehta & Sophia Genovese, Feb. 6, 2018 - " As we have previously blogged , many of the Requests for Evidence (RFEs) issued to petitions filed under the FY 2018 H-1B visa lottery objected to the H-1B worker being paid an entry level wage... Read More

Tags: wage , mehta , AAO , H-1B , entry level

Cyrus D. Mehta on Matter of Z-A-: Recognizing the Global Role of the L-1A Manager
Posted on 9 May 2016 by Daniel M. Kowalski

Cyrus D. Mehta, May 9, 2016 - "Despite the shrill rejection of globalization in the current presidential election cycle, the Appeals Administrative Office (AAO) has thankfully bucked the trend. It recently designated Matter of Z-A- Inc . as an “Adopted... Read More

Tags: l-1a , z-a- , mehta , AAO , manager , global

Cyrus D. Mehta: Update on Indian Three-Year Degrees and Postgraduate Diplomas
Posted on 20 Jul 2015 by Daniel M. Kowalski

"The greatest bane for green card aspirants with Indian degrees is the uncertainty that they will be recognized as single source degrees. If an Indian degree is recognized as the single source equivalent of a US four-year bachelor’s degree... Read More

Tags: mehta , AAO , degrees , Indian

Michelle S. Velasco: USCIS Questions Bus. Admin. Degrees for H-1B Visas
Posted on 10 Nov 2015 by Daniel M. Kowalski

Michelle S. Velasco, Nov. 10, 2015 - "Since writing last year on the challenges facing employers who wish to hire H-1B workers for uncommon specialty occupations, we have seen the U.S. Citizenship and Immigration Services (USCIS) present a novel... Read More

Pro Bono AAO Hardship 212(i) Waiver Victory; FGM; Cote d'Ivoire
Posted on 26 Feb 2015 by Daniel M. Kowalski

Hats off to Cyrus D. Mehta for this pro bono publico victory: "Here we find that the record establishes that the applicant's spouse will suffer extreme hardship as a consequence of being separated from the applicant. The record shows that... Read More

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta
Posted on 13 Apr 2015 by Daniel M. Kowalski

"In Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the AAO affirmed the Service Center Director's decision and revoked the petition's approval. Among other things, the Director had concluded that changes in the beneficiary's... Read More