Immigration Law

Recent Posts

Cyrus Mehta on Delays, Quotas
Posted on 13 Apr 2021 by Daniel M. Kowalski

April 11, 2021 - Coping with Delays Facing H-4 and L-2 Spouses April 2, 2021 - End the Arbitrary H-1B Lottery and Visa Quotas – and other practical considerations for the winners! Read More

Experts: Trump's Extension of Visa Ban a "Time Bomb" and a "Mistake"
Posted on 3 Jan 2021 by Daniel M. Kowalski

Lubna Kably, Shilpa Phadnis, TNN, Jan. 2, 2021 "The outgoing US president Donald Trump has extended the ban on H-1B and L-1 work visas through March ... [Cyrus] Mehta said Trump deliberately planted this time bomb for Biden, knowing that it would... Read More

Innova Solutions v. Baran: Computer Programmer is a Specialty Occupation Under the H-1B Visa
Posted on 19 Dec 2020 by Daniel M. Kowalski

Cyrus D. Mehta & Kaitlyn Box, Dec. 18, 2020 "On December 16, 2020, the Ninth Circuit issued its opinion in Innova Solutions, Inc. v. Baran , which involved a technology company, Innova, that wanted to hire an Indian employee in the specialty... Read More

Tags: mehta , H-1B

Experts: H-1B and COBRA
Posted on 20 May 2020 by Daniel M. Kowalski

Shilpa Phadnis, TNN, May 20, 2020 " Cyrus D Mehta , managing attorney at the New York-based law firm Cyrus D Mehta & Partners, said if the employer offers health insurance, then under COBRA, the employer must offer the option of continuing... Read More

Tags: COBRA , mehta , H-1B , yale-loehr

Cyrus Mehta's FAQ on Changes in Salary, Working Conditions for H-1Bs During the C19 Crisis
Posted on 30 Mar 2020 by Daniel M. Kowalski

Cyrus Mehta, Mar. 30, 2020 "The novel coronavirus (SARS-CoV-2), which causes the disease COVID-19, is a pandemic threatening populations in the United States and worldwide. The US economy has virtually shut down. Many employers who have been forced... Read More

Tags: mehta , H-1B , COVID-19

Denial of H-1B Cases: The Occupational Outlook Handbook is Not the Holy Grail
Posted on 16 Oct 2019 by Daniel M. Kowalski

Cyrus D. Mehta and Gianna Boccanfuso, Oct. 15, 2019 "The USCIS continues to strictly scrutinize H-1B petitions. According to an NFAP report , denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 33% through... Read More

Tags: OOH , mehta , H-1B , USCIS

Recent H-1B Case Brings Hope
Posted on 28 Aug 2019 by Daniel M. Kowalski

Cora-Ann Pestaina, Aug. 28, 2019 "As the U.S. Citizenship and Immigration Services (USCIS) continues its shameful and relentless attack on the H-1B visa program under the misguided “ Buy American Hire American ” Executive Order, it... Read More

Tags: mehta , pestaina , H-1B

Cyrus Mehta: The Nuts and Bolts of Complying with DOL's H-1B Notice Requirements
Posted on 25 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 25, 2019 "A US employer has to meet several requirements when filing an H-1B visa petition on behalf of the foreign national employee. One important requirement is for the employer to notify affected US workers regarding its intent... Read More

Tags: mehta , H-1B

Cyrus Mehta: Trump Can Provide a Potential Path to Citizenship for H-1B Visa Holders
Posted on 14 Jan 2019 by Daniel M. Kowalski

Cyrus Mehta, Jan. 14, 2019 "On Friday, January 11, 2019, many were intrigued by President Trump’s tweet assuring H-1B visas that they should expect a potential path to citizenship. This is what he tweeted : “H1-B holders in the United... Read More

Tags: tweets , mehta , H-1B , Trump

Cyrus Mehta - H-1B Visa Contest: US Master’s Degree v. Foreign Degree
Posted on 2 Dec 2018 by Daniel M. Kowalski

Cyrus Mehta, Dec. 2, 2018 - "The Trump Administration has proposed a rule that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated... Read More

Tags: mehta , H-1B

Cyrus Mehta on a New Mutant H-1B Gene - Undifferentiated Engineering Degrees
Posted on 20 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta, Nov. 19, 2018 - "It has become harder to obtain an approval of an H-1B visa petition under the Trump administration. The USCIS insists that an occupation must require a degree in a specific specialty. It constantly moves the goalposts... Read More

Suspension of Premium Processing: Another Attack On the H-1B Program (Cyrus Mehta)
Posted on 4 Sep 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 3, 2018 - "The Trump administration has restricted the H-1B program by making it harder for employers to obtain an approval. It has done this without changing the law through Congress or amending any rule. Routine H-1B visa... Read More

Putting Disney and H-1B Visas in Perspective - Cyrus D. Mehta
Posted on 7 Jun 2015 by Daniel M. Kowalski

"While the media highlights the cases of Disney and SoCal where US workers are laid off and replaced by H-1B workers of an IT consulting company, most employers hire H-1B workers to supplement their workforce and not to replace their workforce. The... Read More

Tags: Disney , mehta , H-1B

Does the IWP Bode Well for Indian H and L Visa Applicants?
Posted on 26 Nov 2012 by Daniel M. Kowalski

"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 . Read More

Tags: waiver , iwp , mehta , India , l-1 visas , H-1B

Cyrus Mehta on the H-1B Cap Filing Aftermath: Evaluating the Fate of the Computer Programmer and the H-1B-Dependent Employer
Posted on 8 Apr 2017 by Daniel M. Kowalski

Cyrus Mehta, Apr. 8, 2017 - "On March 31, 2017, on the eve of the FY 2018 H-1B Cap filing season , the USCIS issued a policy memorandum stating that computer programmer positions are not always “specialty occupations” that would render... Read More