LexisNexis® Legal Newsroom
7 Points To Remember Regarding Resume Review In The PERM Process - Cora-Ann Pestaina

Cora-Ann Pestaina, Apr. 24, 2017 - "The employer’s review of resumes received from applicants continues to be one of the trickiest issues in the PERM labor certification process. The process might seem straightforward enough because, after all, employers filing PERM applications are likely...

David Isaacson - You Ask a Silly Question, and You Get a Silly Answer: Speeding, Terrorist Babies, and Why DHS Should Consider Revising or Eliminating Certain Form Questions

David Isaacson, May 1, 2017 - "During the recent Supreme Court oral argument in Maslenjak v. United States , Chief Justice John Roberts pointed out that the government’s interpretation of the statute at issue there implies that a naturalization applicant who has driven 60 miles per hour in...

Cyrus Mehta: Cross Currents In Federal Preemption of State and Local Immigration Law Under Trump

Cyrus Mehta, May 8, 2017 - "Preemption of federal immigration law over punitive state immigration laws was a hot topic until very recently, especially when Arizona enacted a tough enforcement law known as SB1070. The Obama administration fiercely challenged the law under the preemption doctrine...

Hazards of Various Forms of Leave At the Point of Termination of H-1B Employment

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 costs of the H-1B worker’s return transportation...

EB-5 Green Card, Ethics and Trump - Cyrus Mehta

Cyrus Mehta, May 22, 2017 - "The EB-5 green card program for foreign investors is very much in the news due to its connection with President Trump! A series of news reports have highlighted the Kushner family’s attempt to raise funds through the EB-5 green card program from Chinese investors...

Going Beyond IRAP v. Trump: Challenging “Bad Faith” Governmental Actions Denying Non-Citizens Admission Into the US - Cyrus Mehta

Cyrus Mehta, May 30, 2017 - "The Fourth Circuit’s decision in International Refugee Assistance Project v. Trump upholding the preliminary injunction against President Trump’s travel ban , on the ground that it violated the Establishment Clause of the US Constitution, holds out hope for...

Cyrus Mehta: Trump’s Tweet On “Extreme Vetting” May Have Opened the Door to a Court Challenge

Cyrus Mehta, June 12, 2017 - "The Trump administration has begun to apply extreme vetting on visa applicants, even though tourism has dropped this year . A new form , DS-5535 , asks visa applicants extremely detailed questions about travels, work history and their presence on social media, as...

Supreme Court May Have Bolstered Rights of Foreign Nationals with Ties to the United States - Cyrus Mehta

Cyrus Mehta, June 27, 2017 - "While disappointing that the Supreme Court allowed the ban to apply on visa applicants with no ties with the US from the banned countries, it may have permanently bolstered the rights of visa applicants who have ties to the US to challenge visa denials, which hitherto...

With Adopted Decision Matter of O-A-, USCIS Accepts Provisional Certificates As Evidence of Degree Completion - Michelle S. Velasco

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 Nebraska Service Center Decision, Form I-140 Petition...

Cyrus Mehta: Analysis of the 60-Day Grace Period for Nonimmigrant Workers

Cyrus Mehta, July 10, 2017 - "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 ” to provide relief to high skilled workers...

Cyrus Mehta on Maslenjak v. U.S.

Cyrus Mehta, July 18, 2017 - "Form N-400, Application for Naturalization, asks broadly “Have you EVER committed a crime or offense for which you have not been arrested?” One would be hard pressed to find a person who has never committed an offense for which she has not been arrested...

Is the U.S. in Danger of Losing Immigrant Entrepreneurs? - Wharton Podcast

Wharton Podcast, July 21, 2017 - "A decision by the Trump administration to delay and possibly rescind an Obama-era rule could cause the U.S. to fall behind other countries in attracting immigrant entrepreneurs who bring investments and create jobs, experts say. The so-called International Entrepreneur...

Cyrus Mehta on Trump’s H-2B Visa Conflict: How We Can Take Advantage Of It To Gain Broader Immigration Reform

Cyrus Mehta, July 24, 2017 - "On July 19, 2017, the Trump administration increased the H-2B cap from 66,000 to 81,000 by promulgating a final rule . H-2B visas are annually capped at 66,000 under the law. Due to an increase in demand of essential workers to serve landscapers, hotels, restaurants...

H-1B Entry Level Wage Blues - Cyrus Mehta

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 receive Requests for Evidence (RFE). Many of...

Cyrus Mehta: RAISE Act Will Hurt Immigrants, Americans and America

Cyrus Mehta, Aug. 6, 2017 - "Last week, President Trump lent full throated support towards the Reforming American Immigration for a Strong Economy Act ( RAISE Act ), which will dramatically alter the immigration system in the United States the way we know it. Although this bill, proposed by Republican...

The INA Trumps 'America First' - Cyrus D. Mehta

Cyrus D. Mehta, Sept. 3, 2017 - "President Trump’s America First policy has influenced how the United States views trade, immigration, the environment and global alliances. It is a radical departure from how the United States viewed itself before Trump took office. While previously the United...

Cyrus D. Mehta and Sophia Genovese-Halvorson: Defending Clients Against a Misrepresentation Finding Under the New FAM 90-Day Rule

Cyrus D. Mehta and Sophia Genovese-Halvorson, Sept. 18, 2017 - "The State Department has abruptly amended the Foreign Affairs Manual to provide broader grounds to find that foreign nationals misrepresented their intentions when they came to the United States on nonimmigrant visas. A finding of fraud...

Cyrus Mehta: Dealing With the Dreaded RFE – Reflections of an Immigration Lawyer

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 dreaded RFE and how it is used to distort a visa...

David Isaacson on the SUCCEED Act

David Isaacson, Oct. 10, 2017 - "Following the Trump Administration’s decision in September to end the Deferred Action for Childhood Arrivals (DACA) program , President Trump suggested in a Tweet that Congress should “legalize DACA” within the next six months . There have been...

Cyrus D. Mehta on Atty. Gen. Sessions, 'Dirty' Immigration Lawyers

Cyrus Mehta, Oct. 16, 2017 - "Attorney General Sessions who has been hostile towards increased immigration and views the asylum system as a loophole for unauthorized entry into the US said in recent remarks that “over the years, smart attorneys have exploited loopholes in the law, court rulings...

Cyrus D. Mehta: Stopping H-1B Carnage

Cyrus D. Mehta, Oct. 23, 2017 - "In his inaugural address, President Trump pledged to end what he referred to as “American carnage,” depicting the United States bleakly—as a “land of abandoned factories, economic angst, rising crime”—while pledging “a new...

The Empire Strikes Back: USCIS Rescinds Deference To Prior Approvals In Extension Requests - Cyrus D. Mehta

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 denied than ever before on legally baseless grounds...

The N.Y. Constitutional Convention Immigrants Need - Cyrus Mehta

Cyrus Mehta, Nov. 1, 2017 - "As the federal government threatens undocumented immigrants, New Yorkers have an opportunity to provide vital protections to those immigrants living in the state. On Election Day, voters can choose to convene a constitutional convention where the rights of those immigrants...

The Government’s “Nasty” Treatment Of Expert Opinions In Support Of H-1B Visa Petitions

Cora-Ann Pestaina, Nov. 13, 2017 - "USCIS’ current ferocious attack on H-1B petitions has been discussed here , here and here . Backed by the Trump administration, USCIS has openly declared war on H-1Bs. What is most frustrating, in my opinion, is not only the fact that there appears to be...

Five Years Later, A PERM Victory at BALCA: Matter of Marlabs, Inc.

Matter of Marlabs, Inc., Nov. 9, 2017 - "On May 17, 2012, Employer filed an Application for Permanent Employment Certification (“Form 9089”) sponsoring the Alien for permanent employment in the United States in Piscataway, New Jersey, for the position of “Software Developers, Applications...