LexisNexis® Legal Newsroom
Setback for #VisaGate2015 Lawsuit: Mehta v. DOS (May 16, 2016)

Mehta v. DOS, May 16, 2016 - "This matter comes before the Court on Defendants United States Department of State, et al. (collectively, “State Department”)’s Motion to Dismiss pursuant to FRCP 12(b)(1) and 12(b)(6), Dkt. #27. The State Department argues inter alia, that the Court...

The B-1 Visa: Trap for the Tailor, Bricklayer and Tesla Motors - by Cyrus Mehta

Cyrus D. Mehta, May 23, 2016 - "Many have gotten embroiled by the B-1 business visa in different ways. A tailor from Hong Kong who was accused of engaging in unauthorized work successfully argued that taking measurements on behalf of customers was a permissible business activity. Some years later...

Cyrus Mehta: Were the DOJ Lawyers Really Unethical in Texas v. USA?

Cyrus Mehta, June 4, 2016 - "Judge Hanen’s order dated May 19, 2016 reprimanding thousands of Department of Justice lawyers for unethical conduct is astounding because it does not even appear that their conduct was unethical. Much has already been written about Judge Hanen’s strange...

Can a STEM OPT Student Be Employed At A Third Party Client Site? - Cora-Ann V. Pestaina

Cora-Ann V. Pestaina, June 13, 2016 - " The most frequently asked question in response to my recent blog entitled, “A Closer Look At The Form I-983 – Training Plan for STEM OPT Students” , is whether a STEM OPT student can be employed at a third party client site or at multiple...

Trump and the Snake - Cyrus D. Mehta

Cyrus D. Mehta, June 20, 2016 - "Donald Trump is fond of reading the lyrics from Al Wilson’s 1968 R&B hit song “ The Snake ” in his campaign rallies. While this is a catchy tune, Trump has now corrupted the song by associating it with his opposition to Muslims. He first called...

David Isaacson: An Eventful Thursday for Immigration Law at the Supreme Court: United States v. Texas, Mathis v. United States, and What’s Next

David Isaacson, June 28, 2016 - " On Thursday, June 23, the U.S. Supreme Court issued two decisions of significance to immigration law: a 4-4 affirmance without opinion in United States v. Texas , and a 5-3 decision in Mathis v. United States . The first, which was more obviously immigration-related...

Brexit and Xenophobia vs. Immigration and Innovation - Cyrus Mehta

Cyrus Mehta, July 1, 2016 - "In the backlash against globalization, as seen in the vote in favor of Brexit , there is an even more insidious backlash against immigration. The world has prospered because of the expansion of trade and technology, and also due to the free movement of capital and people...

Avoid The Confusion: Complying With The Simeio Decision One Year Later - Michelle S. Velasco

Michelle S. Velasco, July 11, 2016 - " Employers of roving H-1B employees have scratched their heads in confusion over the Administrative Appeals Office’s April 9, 2015 decision, Matter of Simeio Solutions, LLC , 26 I&N Dec. 542 (AAO 2015), discussed in detail in this blog here , here...

No Longer So Fast! EB-1 Retrogression For Indian- And Chinese-Born Foreign Nationals: Cyrus D. Mehta and Anand G. Sinha

Cyrus D. Mehta and Anand G. Sinha, July 18, 2016 - "One does not need a degree in public policy or law to understand the basic premise behind the concept that the United States ought to make the attraction of the best and brightest individuals a paramount immigration policy. By enabling the most...

Deconstructing the Myth of the Criminal Immigrant - Cyrus D. Mehta

Cyrus D. Mehta, July 23, 2016 - "Donald Trump began his presidential campaign last year by accusing Mexican immigrants who cross the border as being criminals and rapists, and ended with the same sentiment in his acceptance speech of the Republican nomination by thundering that “nearly 180...

Some Skilled Workers Must Wait for Centuries for Green Cards - Cyrus Mehta

Cyrus Mehta, July 30, 2016 - " David Bier at the Cato Institute has emerged as a fresh and new scholarly voice on immigration. It has always been known that an individual who got sponsored by an employer today in the India employment-based third preference (EB-3) would need to wait for about 60...

Trump vs. Outstanding Immigrant Khizr Khan - Cyrus D. Mehta

Cyrus D. Mehta, Aug. 5, 2016 - "It is poetic justice that Khizr Khan, a Muslim and an immigrant, has been able to take on Trump and trounce him. Trump has derided both Muslims and immigrants with the objective of pandering to his base of white male voters. After Mr. Khan’s strong repudiation...

Close, But No Cigar! The Meaning of 'Affiliation' For Purposes of the H-1B Cap Exemption - Anand G. Sinha

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 foreign employees and disappointed employers...

Cyrus Mehta: The Employee Should Get Notice When an I-140 Petition is Revoked

Cyrus D. Mehta, Aug. 22, 2016 - "[A] worker who was sponsored by the original employer in the EB-3 can potentially re-boot into EB-2 through a new employer, and recapture the priority date applicable to the original I-140 petition. While the EB-2 may also be backlogged for India, it is not as dire...

How Rigid is PERM? Or, Can Typos be Fixed? - Anand G. Sinha

Anand G. Sinha, Aug. 29, 2016 - " In a recent decision, Matter of Cisco Systems, Inc. 2012-PER-01179 (June 9, 2016), the Board of Alien Labor Certification Appeals (BALCA) reaffirmed its hardline stance that modifications cannot be made to filed labor certification applications under Program Electronic...

Entrepreneurs Need Congressional Action - Cyrus Mehta

Cyrus Mehta, Sept. 3, 2016 - Harmonious Coexistence: New Parole for International Entrepreneurs and Old Entrepreneur Pathways Portal "U.S. Citizenship and Immigration Services (USCIS) proposed a rule allowing certain international entrepreneurs to be considered for parole (temporary permission...

Expansion of the Provisional Waiver: Good News, But Could Be Better - David Isaacson

David Isaacson, Sept. 26, 2016 - "On July 29, 2016, USCIS published in the Federal Register the final version of a previously-proposed rule expanding the provisional waiver program. The new rule, Expansion of Provisional Unlawful Presence Waivers of Inadmissibility, 81 Fed. Reg. 50,244 , was effective...

Cyrus D. Mehta: Will the H-1B Lottery Lawsuit Force Change for the Better?

Cyrus D. Mehta, Sept. 30, 2016 - " A class action lawsuit, Tenrec, Inc. v. USCIS , challenging the annual H-1B lottery recently overcame a motion to dismiss, and will move forward. There is a decent chance that the plaintiffs may prevail and employers will no longer be subject to the H-1B lottery...

Cyrus D. Mehta: Immigration Inadmissibility, Legal Ethics And Marijuana

Cyrus D. Mehta, Oct. 10, 2016 - "Although medical and recreational marijuana activities are illegal under federal law , at least 25 states have legalized marijuana for medical use. Colorado, Washington, Oregon and Alaska have gone even further by legalizing some forms of recreational marijuana,...

BALCA Holds That Failure To Disclose A ‘Wage Adjustment’ Is Not A Valid Denial Ground - Cora-Ann V. Pestaina

Cora-Ann V. Pestaina, Oct. 18, 2016 - " Recently, in the representative case, Matter of Cognizant Technology Solutions US Corp , 2013-PER-01488 (BALCA, September 29, 2016), the Board of Alien Labor Certifications Appeals (BALCA) reversed 382 PERM denials finding, most significantly, that the employer’s...

Reviving The National Interest Waiver For International Entrepreneurs - Cyrus Mehta

Cyrus Mehta, Oct. 24, 2016 - "A proposed rule would allow the Department of Homeland Security (DHS) to use its existing discretionary statutory parole authority for entrepreneurs of startup entities whose stay in the United States would provide a “significant public benefit through the substantial...

Who is Stuck in the Green Card Backlogs? - A Guide for the Perplexed, by Cyrus Mehta

Cyrus Mehta, Oct. 31, 2016 - "“ In the realm of Nature there is nothing purposeless, trivial, or unnecessary ” ― Maimonides , The Guide for the Perplexed David Bier of the Cato Institute in No One Knows How Long Legal Immigrants Will Have To Wait calculates that there are “somewhere...

Immigration Perspectives On The Eve Of The 2016 Presidential Election - Cyrus Mehta

Cyrus Mehta, Nov. 6, 2016 - "The United States has always prided itself as a nation of immigrants. Unfortunately, however, there has been disturbing rhetoric against immigrants and refugees in the current presidential election season. This has been exemplified in racist taunts and epithets against...

The Role Of The Immigration Lawyer In The Age Of Trump - Cyrus Mehta

Cyrus Mehta, Nov. 12, 2016 - "Vulnerable immigrants need advocates more than ever before to defend and protect them. We have a new and renewed mission, and this should propel us forward and give us a new purpose. ... Immigration lawyers need to be strategic regarding advising clients to apply for...

Analysis of Key Provisions of the USCIS High-Skilled Worker Final Rule - Cyrus Mehta

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 ” to provide relief to high skilled workers...