Immigration Law

Recent Posts

The Sweet Smell of Success: H-1B Visas for Entrepreneurs
Posted on 10 Dec 2012 by Daniel M. Kowalski

"The title of this blog may seem odd as the H-1B visa is usually associated with an employee who earns a regular wage at the prevailing rate. Yet, entrepreneurs may benefit from the H-1B. Since the USCIS recently set up an Entrepreneur Pathways Portal... Read More

Senator Grassley “Hacks” The H-1B Visa For Foreign Entrepreneurs - Cyrus D. Mehta
Posted on 8 Mar 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Mar. 7, 2016 - "... Senator Grassley on February 26, 2016 wrote an angry missive to USCIS Director Leon Rodriguez protesting the use of the H-1B visa by entrepreneurs, which he likens to one who tries to “hack” the H-1B... Read More

Tags: Grassley , mehta , H-1B

Hazards of Various Forms of Leave At the Point of Termination of H-1B Employment
Posted on 16 May 2017 by Daniel M. Kowalski

Michelle S. Velasco, May 16, 2017 - "In most cases, termination of H-1B employment by either the at-will employer or employee is fairly straightforward. Once termination takes place, the employer in most cases is required to offer to pay the reasonable... Read More

Tags: mehta , velasco , H-1B

H-1B Hip-Hop by L.L. M-Jay
Posted on 1 Apr 2013 by Daniel M. Kowalski

"An LLMJ creation set loosely to an old “gangsta” tune. A thank you to Elizabetha Markuci for a lyrical turn." - Myriam Jaidi, Apr. 1, 2013 . Read More

Tags: mehta , H-1B , jaidi

Close, But No Cigar! The Meaning of 'Affiliation' For Purposes of the H-1B Cap Exemption - Anand G. Sinha
Posted on 16 Aug 2016 by Daniel M. Kowalski

Anand G. Sinha, Aug. 12, 2016 - "The annual numeric limitation on the issuance of H-1B visas has been written about extensively in prior posts. It is no secret that the H-1B cap, as it is commonly referred to, has crushed the dreams of both prospective... Read More

Tags: sinha , mehta , affiliated , H-1B , ac21

Cyrus Mehta: Dealing With the Dreaded RFE – Reflections of an Immigration Lawyer
Posted on 25 Sep 2017 by Daniel M. Kowalski

Cyrus Mehta, Sept. 25, 2017 - " ... An article in Reuters by Yeganeh Torbati entitled “ Trump administration red tape tangles up visas for skilled foreigners, data shows ,” where I have been quoted, brilliantly shines the torch on the... Read More

Tags: mehta , rfe , H-1B , USCIS

When an Amended H-1B Petition is Not Required, Even After Simeio Solutions: Cyrus D. Mehta
Posted on 4 May 2015 by Daniel M. Kowalski

" The AAO decision in Matter of Simeio Solutions, LLC , 26 I&N Dec. 542 (AAO 2015) has already caused headaches as it will make it more costly and burdensome for employers who hire H-1B workers. An overview of the AAO decision can be found at... Read More

Tags: amended , mehta , H-1B , simeio

Cyrus Mehta: New Developments In H-1B Cap Exemption, FY 2018
Posted on 3 Apr 2017 by Daniel M. Kowalski

Cyrus Mehta, Apr. 3, 2017 - "U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017,... Read More

Tags: mehta , cap , H-1B , exemption

Cyrus D. Mehta - Preserving H-1B Extensions for Spouses; Freezing CSPA Ages
Posted on 31 Jan 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Jan. 30, 2016 - " The purpose of this blog is to draw attention to two little know legal concepts, which must either be preserved or introduced through the proposed rule entitled Retention of EB-1, EB-2 and EB-3 Immigrant Workers... Read More

Tags: cspa , mehta , spouses , H-1B

Employer Not Always Obligated To Pay Return Transportation Cost Of Terminated H-1B Worker - Cyrus Mehta
Posted on 24 Mar 2017 by Daniel M. Kowalski

Cyrus Mehta, Mar. 21, 2017 - "In Vinayagam v. Cronous Solutions, Inc ., ARB Case No. 15-045, ALJ Case No. 2013-LCA-029 (ARB Feb. 14, 2017) the Administrative Review Board held that an employer’s failure to pay return transportation costs home... Read More

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

The H-1B and L-1 Punitive Super Fee Rears its Ugly Head Again - Cyrus D. Mehta, Michelle S. Velasco
Posted on 17 Jan 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Michelle S. Velasco, Jan. 16, 2016 - "USCIS has yet to revise the Form I-129 and Form I-129S. Outside of this announcement there are no other instructions on the USCIS website, and its page on H and L filing fees has not been updated... Read More

Tags: L-1 , mehta , velasco , H-1B , super fee

H-1B Entry Level Wage Blues - Cyrus Mehta
Posted on 31 Jul 2017 by Daniel M. Kowalski

Cyrus Mehta, July 31, 2017 - "Those who filed under the FY 2018 H-1B visa lottery and were selected must have been pleased. As premium processing was eliminated, the approvals have just started coming in this summer. Cases that are not readily approved... Read More

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

WILL THE REVISED USCIS Q&A ON ESTABLSHING THE EMPLOYER-EMPLOYEE RELATIONSHIP IN H-1B PETITIONS SAVE STAFFING COMPANIES?
Posted on 19 Mar 2012 by Daniel M. Kowalski

"On March 12, 2012, the USCIS issued a revised Q&A on the Neufeld Memo containing helpful language under Questions 5 and Question 13, which did not exist in the prior guidance dated August 2, 2011 ." - Gary Endelman and Cyrus D. Mehta... Read More

Tags: Q&amp , endelman , mehta , H-1B , neufeld , A , USCIS

Is There A Hidden Agenda? Suspension of Premium Processing for All H-1B Petitions - Cora-Ann Pestaina
Posted on 9 Mar 2017 by Daniel M. Kowalski

Cora-Ann Pestaina, Mar. 8, 2017 - "In one move that we did not see coming, USCIS has announced that, starting April 3, 2017, it will temporarily suspend premium processing service for all H-1B petitions. Petitioners will not be able to file Form... Read More