LexisNexis® Legal Newsroom
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...

BALCA Update: Recent Notable Cases - Cora-Ann Pestaina

Cora-Ann Pestaina, Dec. 14, 2016 - "While we have no idea what the labor certification process will look like under the Trump administration, it still behooves all PERM practitioners to keep up with the Board of Alien Labor Certification Appeals (BALCA) decisions as they continue to directly affect...

The Ethical Role of Immigration Lawyers During the Trump Regime - Cyrus Mehta

Cyrus Mehta, Dec. 19, 2016 - "... The role of the immigration lawyer has become ever more important since Trump winning the election, and the prospects for increased immigration enforcement after January 20, 2017 when Trump is President. While Trump has softened some of his harsh rhetoric since...

Cyrus Mehta's Top Ten Posts for 2016

Cyrus Mehta, Dec. 30, 2016 - "Thank you for reading and supporting The Insightful Immigration Blog. Listed below are the top 10 most viewed blogs in 2016. While these are the 10 most viewed blogs, each blog is a carefully crafted gem, and we invite you to read all of them. In 2016, we covered a...

Matter of Dhanasar: The New National Interest Waiver Standard - Cora-Ann Pestaina

Cora-Ann Pestaina, Jan. 10, 2017 - "Overturning nearly two decades of precedent on how an individual qualifies for the National Interest Waiver (NIW), the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) recently issued a precedent decision, Matter of...

Is Trump’s Proposed Scrapping of the H-1B Lottery in Favor of the Highest Wage Such A Good Idea? - Cyrus D. Mehta and Sophia Genovese-Halvorson

Cyrus D. Mehta and Sophia Genovese-Halvorson, Jan. 17, 2017 - "Employers have already begun preparing for the upcoming H-1B visa lottery season. The annual H-1B cap is limited to 65,000 visas per year for applicants with bachelor’s degrees, and an additional 20,000 for those with master’s...

Is Being Anti-Trump A New Ground Of Inadmissibility? - Cyrus Mehta

Cyrus Mehta, Jan. 24, 2017 - " Over the weekend, a Canadian student of McGill University, Joseph Decunah, who was seeking to be admitted to protest at the Women’s March the day after President Trump’s inauguration was refused admission . He was in the company of two US citizens who...

Justifiable Outrage On Trump’s Muslim Travel Ban - Farhad K. Wadia

Farhad K. Wadia, Jan. 30, 2017 - " [Cyrus Mehta's Note: On Friday evening, January 27, 2017, we sent out a notice to our clients relaying the details of President Trump’s executive order blocking the entry of visa-holders, refugees, and LPRs from seven predominantly-Muslim nations, namely...

More Alternative Facts: The Orwellian Abuse of Language in Connection with Donald Trump’s Recent Executive Orders on Immigration - David Isaacson

David Isaacson, Jan. 31, 2017 - "Following an incident in which White House press secretary Sean Spicer provided false numbers regarding the size of the crowds at the inauguration of Donald Trump as President, Trump senior advisor Kellyanne Conway memorably stated on NBC’s “Meet the...

Resisting President Trump’s Visa Revocations - Cyrus Mehta

Cyrus Mehta, Feb. 9, 2017 - "President Trump signed an Executive Order the afternoon of Friday, January 27, 2017 which, according to its introduction, is intended to “protect Americans” but had the effect of banning travel of certain persons into to the United States who are mainly nationals...

Cyrus Mehta: No Matter How Many New Travel Bans Trump Issues, Maximum Power Does Not Mean Absolute Power (Updated)

Cyrus Mehta & Sophia Genovese-Halvorson, Feb. 18, 2017 - "We have numerous justifiable concerns with the immigration policies of the Trump Administration on behalf of our clients and all Americans who feel that our values are being undermined, especially the Executive Order entitled “Protecting...