LexisNexis® Legal Newsroom
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...

Breakthrough in Matter of V-S-G- Inc.: AC21 Beneficiaries Given Opportunity to Be Heard When I-140 is Revoked

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 petitioners, not the beneficiaries, with respect...

Cyrus Mehta: Making Sense of the Acquittal in Kate Steinle’s Case - Why Anti-Immigrant Rhetoric Equating Immigrants with Criminals Must Stop

Cyrus Mehta, Dec. 4, 2017 - "Kate Steinle’s death was a senseless tragedy. On July 1, 2015, as she was walking along San Francisco’s Pier 14, a gun goes off and cuts her life short. She died in her father’s arms. The accused, Jose Ines Garcia Zarate, is an undocumented Mexican...

Cyrus D. Mehta: N.Y. State Bar vs. Avvo - Will the Uberization of Immigration Law Practice Overcome Outdated Advertising Rules Governing Lawyers?

Cyrus Mehta, Dec. 11, 2017 - "Companies like Avvo are using their marketing platform to provide more opportunities for younger and solo lawyers to gain clients and thus level the playing field. Avvo Legal Services seeks to disrupt the traditional legal model where a client seeks out a lawyer based...