LexisNexis® Legal Newsroom
Off-Message Immigration Bureaucrats Undermine the President's Jobs Push by Refusing L-1 Specialist Visas to Indian Citizens

"The State Department defends its high Indian refusal rate by suggesting that the posts in India receive more L-1B applications and approve more L-1B visas than any other U.S. consulates or embassies worldwide. Neither State nor USCIS has explained, however, why "specialized knowledge"...

Cyrus D. Mehta: EB-3 to EB-2 BOOST MAY NOT PROTECT YOUR CHILD UNDER THE CHILD STATUS PROTECTION ACT

"If the EB-3 for India is truly expected to take 70 years before a green card materializes, a foreign national being sponsored today with a 1 year old child will have absolutely no hope of protecting the age of this child under the CSPA!" - Cyrus D. Mehta, Oct. 21, 2011 .

L-1 Visa Approvals Decline Significantly at U.S. Posts in India in 2011

"The number of L-1 visas issued at U.S. posts in India declined by 28 percent from 2010 to 2011, according to data obtained from the U.S. Department of State by the National Foundation for American Policy (NFAP)." - NFAP, Nov. 2011 .

New State Department Data Show L-1 Visa Approvals Declined Significantly at U.S. Posts in India in 2011

"The number of L-1 visas issued at U.S. posts in India declined by 28 percent from 2010 to 2011, according to data obtained from the U.S. Department of State in a new report by the National Foundation for American Policy (NFAP), an Arlington, Va.-based policy research group. The official data from...

Missive from Mumbai: Why Are U.S. Immigration Agencies Attacking India and Hurting America?

"The odds of Indians receiving U.S. business-based visas have worsened in 18 years. Last week, in Bangalore, I again addressed an audience of Indian executives and entrepreneurs who this time were far more glum than giddy. The title of my presentation (" U.S. & Global Enforcement...

EDGE SAYS INDIAN 2- YEAR MASTER'S DEGREE FOLLOWING 4-YEAR BACHELOR'S IS NOT EQUIVALENT TO US MASTER'S DEGREE

"If EDGE does not revert to its original position, petitioners and their attorneys should still endeavor to convince the USCIS, or then litigate before the AAO and in federal court, that a 2-year Indian master's degree following a 4- year bachelor's degree ought to be comparable...

Duane Morris LLP: February Visa Bulletin, EB-2 for China and India Moves 12 Months and Other Immigration Law Updates

February Visa Bulletin, EB-2 for China and India Moves 12 Months The employment-based second preference category for Indian and Chinese nationals is scheduled for another significant advancement on February 1, 2012. All applicants who have priority dates on or before January 1, 2010, may submit adjustment...

EB-2 Retrogression – Don’t send our best and brightest Indian and Chinese Master’s and Ph.D. professionals home

"Top Chinese and Indian scientists, engineers, doctors and mathematicians are going to find the U.S. welcome mat pulled further away from their feet. Recent Department of State projections indicate the line for persons born in China or India with Master’s degrees and Ph.D.’s...

EB2 India and China Visa Retrogression Likely in May

"In a March 22, 2012 meeting with Charlie Oppenheim, the Department of State Visa Chief informed Mr. Ware that visa retrogression in the Employment-Based 2nd preference category for nationals of India and China is likely in May. Mr. Oppenheim now predicts that EB2 India and China priority...

Indian Physicians Victims of Epidemic J-1 Visa Denials at American Consulates in India

Jan Pederson writes: "There have been credible reports that dozens of Indian physicians who have been accepted into medical residency programs in the United States to begin on July 1, 2012, are being denied J-1 visas to return to the United States to undertake graduate medical education. Physicians...

AmEmb India Announces a New Visa Processing System

"The United States Embassy in India today announced it is implementing a new visa processing system throughout India that will further standardize procedures and will simplify fee payment and appointment scheduling through a new website at www.ustraveldocs.com/in. Minister Counselor for Consular...

Mission India Expands NIV Interview Waiver Program

" Following the success of the IWP, as part of continuing efforts to streamline the visa process, and to meet increased visa demand in India, the U.S. Mission is pleased to announce an expansion of the IWP. We expect this expansion to benefit thousands of visa applicants in India. Under the current...

Does the IWP Bode Well for Indian H and L Visa Applicants?

"It remains to be seen whether the expanded IWP will improve the processing of H-1B and L visa applications." - Cyrus D. Mehta, Nov. 25, 2012 .

A trade war wages across US consulates in India over H-1B visas. Is a truce in sight?

"America’s unofficial trade war against India might be coming to an end. For the last few years, US consulates across India have excessively scrutinized visa applicants in the H-1B and L categories. These refer to highly skilled professional workers and inter-company transfers, respectively...

AAO Hardship Waiver Victory: India

Scott D. Pollock writes: "Here is a nice decision we got from the AAO that overturns a previous denial of an I-601 for both 212(a)(9)(B) and 212(i) waivers. The qualifying relative U.S. citizen husband is an entrepreneur who is engaged in expanding his network of small retail establishments. We...

Give Peace a Chance: End the U.S.-India Immigration and Trade War Now

"The drums of war are pounding. Prominent American companies, through a variety of business associations , are urging the Obama Administration and Congress to punish the Government of India for mounting hostile actions in a brewing trade war. ... My solution: The U.S. should enact legislation granting...

One Step Forward, Two Steps Back: Immigration Benefits for Same-Sex and Domestic Partners in India

"The question of immigration benefits to same sex couples is still a far cry in India. India not only disallows same sex marriages, it also currently criminalizes relationships between same sex partners, terming them as unnatural." - Cyrus D. Mehta and Ramya Mahesh, Dec. 20, 2013 .

AAO I-601 Hardship Victory

"The favorable factors in this matter are the extreme hardship the applicant's U.S. citizen spouse and child would face if the applicant were to relocate to India, regardless of whether they accompanied the applicant or stayed in the United States; community ties; support letters from the church...

CA9 on India, Changed Conditions: Singh v. Holder

Majority: "The IJ and the BIA determined that the government showed that there has been a fundamental change in circumstances such that Singh’s life or freedom would not be threatened on account of his race, religion, nationality, membership in a particular social group, or political opinion...

Why Are L-1B Denial Rates Higher for India? - Cyrus D. Mehta

" A study issued by the National Foundation For American Policy confirms what we attorneys who work in the trenches have feared most. It was already been assumed that an L-1B case for an Indian national will face much higher scrutiny, and one was always prepared to put in a lot more work into such...

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...

News Excerpts From the Aug. 1, 2016, Bender’s Immigration Bulletin

Class Certification Granted in Suit Over Legal Representation for Minors | On June 24, 2016, a federal judge granted a request to certify a class of children in an ongoing suit against the Attorney General for failing to providing legal representation. The main class certified by the court consists...