Immigration Law

Recent Posts

USCIS Contact Center is More a Source of Frustration than Assistance
Posted on 15 Mar 2022 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, and Jessica Paszko, Mar. 15, 2022 "The USCIS Contact Center purports to provide tools for checking case statuses online, correcting notices that contain mistakes or were never delivered, and connecting applicants to... Read More

Tags: mehta , USCIS

The Legal Basis Underpinning the New Automatic Extension of Work Authorization for H-4, L-2 and E-2 Spouses, and Why It Must Still Be Challenged: Cyrus Mehta
Posted on 22 Nov 2021 by Daniel M. Kowalski

Cyrus Mehta, Nov. 22, 2021 "The USCIS has been processing employment authorization requests for H-4 and L-2 spouses so slowly that they have been rendered virtually useless. By the time the applicant receives the employment authorization document... Read More

Cyrus Mehta: Proposals for Shattering Barriers and Obstacles to Legal Immigration Without Waiting for Congress to Act
Posted on 19 May 2021 by Daniel M. Kowalski

Cyrus Mehta, May 19, 2021 "Re: USCIS-2021-0004, Identifying Barriers Across U.S. Citizenship and Immigration Services (USCIS) Benefits and Services; Request for Public Input I would like to propose ideas that would provide relief to beneficiaries... Read More

Tags: mehta , USCIS

How USCIS Can Remain True to its Mission by Exercising Compassion During the COVID-19 Period
Posted on 17 Mar 2020 by Daniel M. Kowalski

Cyrus Mehta, Mar. 16, 2020 "Although the United States Citizenship and Immigration Services is mandated by Congress to grant benefits, it has become an enforcement oriented agency under the Trump administration that has displayed remarkable hostility... Read More

Tags: mehta , COVID-19 , USCIS

Guilford College v. Wolf: Reflecting on the Nationwide Injunction in Immigration Cases
Posted on 11 Feb 2020 by Daniel M. Kowalski

Cyrus Mehta, Feb. 11, 2020 "In a stunning victory for F, J, and M nonimmigrant students battling unlawful presence policy, a federal district court in North Carolina has granted a permanent injunction preventing USCIS from enforcing its problematic... Read More

Isn't Being Extraordinary More Than Enough?
Posted on 5 Dec 2019 by Daniel M. Kowalski

Cyrus Mehta and Patrick Matutina, Dec. 4, 2019 "We have previously blogged regarding The Curse of Kazarian v. USCIS in Extraordinary Ability Adjudications Under the Employment-Based First Preference. Kazarian v. USCIS , 596 F.3d 1115 (9th Cir.... Read More

Denial of H-1B Cases: The Occupational Outlook Handbook is Not the Holy Grail
Posted on 16 Oct 2019 by Daniel M. Kowalski

Cyrus D. Mehta and Gianna Boccanfuso, Oct. 15, 2019 "The USCIS continues to strictly scrutinize H-1B petitions. According to an NFAP report , denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 33% through... Read More

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

Cyrus Mehta: Federal Courts May Not Have the Last Word in Reviewing Denial of NIW
Posted on 10 Sep 2019 by Daniel M. Kowalski

Cyrus Mehta, Sept. 9, 2019 "Filing lawsuits in federal court to challenge erroneous denials of visa petitions by USCIS have become more frequent. There is more of a shot at a reversal when a federal judge reviews a denial of the USICS. Under the... Read More

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

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

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

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

Trump Administration Imposes Another Unnecessary Obstacle: USCIS to Issue New Version of Form I-539 and New I-539A on March 8
Posted on 5 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 4, 2018 "U.S. Citizenship and Immigration Services (USCIS) has announced that the revised Form I-539, Application to Extend/Change Nonimmigrant Status, and new Form I-539A, will be published on March 8, 2019, not March 11 as previously... Read More

Tags: mehta , USCIS

To Leave Or Not To Leave: The Devastating Impact of USCIS’s Unlawful Presence Policy on Foreign Students - Cyrus Mehta
Posted on 28 Jan 2019 by Daniel M. Kowalski

Cyrus Mehta, Jan. 28, 2019 "The new USCIS Policy on Unlawful Presence for F, J and M Nonimmigrants took effect on August 9, 2018. This policy has had the effect of rendering nonimmigrants in F, J and M status, mainly students, unlawfully present... Read More

The Curse of Kazarian v. USCIS in Extraordinary Ability Adjudications Under the Employment-Based First Preference - Cyrus Mehta
Posted on 18 Dec 2018 by Daniel M. Kowalski

Cyrus Mehta, Dec. 17, 2018 - "When Kazarian v. USCIS , 596 F.3d 1115 (9th Cir. 2010), was first decided, it was received with much jubilation as it was thought that the standards for establishing extraordinary ability would be more straightforward... Read More