Immigration Law

Recent Posts

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

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

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

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 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

Heightened Ethical and Strategic Considerations for Business Immigration Attorneys Under USCIS’s New Removal Policy - Cyrus D. Mehta
Posted on 17 Jul 2018 by Daniel M. Kowalski

Cyrus D. Mehta, July 16, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance on July 5, 2018, PM-602-0050.1 , that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities... Read More

Analysis of Key Provisions of the USCIS High-Skilled Worker Final Rule - Cyrus Mehta
Posted on 21 Nov 2016 by Daniel M. Kowalski

Cyrus Mehta, Nov. 21, 2016 - "The Department of Homeland Security issued final regulations on November 17, 2016 entitled “ Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant Workers... Read More

Cyrus D. Mehta on USCIS' Unlawful Presence Policy Memo
Posted on 12 May 2018 by Daniel M. Kowalski

Cyrus D. Mehta, May 12, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on May 10, 2018, “ Accrual of Unlawful Presence and F, J, and M Nonimmigrants .” The memo abruptly revises previous policy guidance... Read More

The Empire Strikes Back: USCIS Rescinds Deference To Prior Approvals In Extension Requests - Cyrus D. Mehta
Posted on 30 Oct 2017 by Daniel M. Kowalski

Cyrus D. Mehta, Oct. 30, 2017 - "The Trump administration is deriving great pleasure in causing pain to people who wish to lawfully come to the United States and remain here lawfully. It has caused H-1B carnage as more H-1B visa petitions are being... Read More

Beware The Gap: USCIS’s Policy Changes Cause Headaches and Confusion for F-1 Change of Status Applicants
Posted on 18 Apr 2018 by Daniel M. Kowalski

Michelle S. Velasco, Apr. 17, 2018 - "There’s never any good news coming from USCIS these days. The agency’s treatment of applicants changing status to F-1 is another prime example of a confusing policy change that has no basis in law... Read More

With Adopted Decision Matter of O-A-, USCIS Accepts Provisional Certificates As Evidence of Degree Completion - Michelle S. Velasco
Posted on 5 Jul 2017 by Daniel M. Kowalski

Michelle S. Velasco, July 5, 2017 - "In a much welcomed move, the U.S. Citizenship and Immigration Services (“USCIS”) established the Administrative Appeals Office (“AAO”) decision Matter of O-A-, March 15, 2017, Appeal of... Read More

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

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

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

Will New Portal for Entrepreneurs Help Change USCIS 'Culture of No?'
Posted on 1 Dec 2012 by Daniel M. Kowalski

" Consistent with its earlier policy of welcoming entrepreneurs, the USCIS launched a new portal called Entrepreneur Pathways providing resources on how foreign entrepreneurs can use existing visas to launch their innovative startups in the US. The... Read More