LexisNexis® Legal Newsroom
The H-1B and L-1 Punitive Super Fee Rears its Ugly Head Again - Cyrus D. Mehta, Michelle S. Velasco

Cyrus D. Mehta, Michelle S. Velasco, Jan. 16, 2016 - "USCIS has yet to revise the Form I-129 and Form I-129S. Outside of this announcement there are no other instructions on the USCIS website, and its page on H and L filing fees has not been updated. Nevertheless, USCIS provides only a 30-day grace...

Cyrus D. Mehta - Perspectives On Immigration In 2016 Through My Crystal Ball

Cyrus D. Mehta, Jan. 23, 2016 - Trump, DACA, DAPA, raids, H-1Bs, priority dates...Cyrus covers it all!

Cyrus D. Mehta - Preserving H-1B Extensions for Spouses; Freezing CSPA Ages

Cyrus D. Mehta, Jan. 30, 2016 - " The purpose of this blog is to draw attention to two little know legal concepts, which must either be preserved or introduced through the proposed rule entitled Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant...

Cyrus D. Mehta on Equivalent Degree Traps

Cyrus D. Mehta, Feb. 5, 2016 - "Navigating immigration law is already challenging, and it becomes increasingly more so when one is dealing with the DOL and the USCIS, who are committed to different standards relating to equivalency. What is worse is that the goal posts are constantly moved, and...

The Opportunity to Be Heard: The Proposed I-140 Regs and Mantena v. Johnson - David Isaacson

David Isaacson, Feb. 17, 2016 - " It appears from the proposed rule that in making its determination whether “petition approval was in error”, to quote again from proposed 8 CFR 204.5(e)(2)(iv), and so should no longer confer a priority date, USCIS would look to the I-140 petitioner...

Cyrus D. Mehta & David A. Isaacson - How About Porting Labor Certs?

Cyrus D. Mehta & David A. Isaacson, Mar. 1, 2016 - "It would also be highly desirable for beneficiaries of such approved I-140 petitions to exercise job portability, and not be required to re-start the labor certification process through a new employer, even though the proposed rule allows for...

Senator Grassley “Hacks” The H-1B Visa For Foreign Entrepreneurs - Cyrus D. Mehta

Cyrus D. Mehta, Mar. 7, 2016 - "... Senator Grassley on February 26, 2016 wrote an angry missive to USCIS Director Leon Rodriguez protesting the use of the H-1B visa by entrepreneurs, which he likens to one who tries to “hack” the H-1B program. This is in direct contradiction to the...

Cyrus D. Mehta on Ethical Obligations of Lawyers Who Represent Toddlers

Cyrus D. Mehta, Mar. 13, 2016 - " There has been a justifiable sense of shock and outrage after a senior immigration judge testified in a legal proceeding that three- and four-year-olds could represent themselves in complex removal proceedings. This is precisely what Immigration Judge Weil said...

Cyrus D. Mehta - Suffocating The Foreign Entrepreneur Under The New STEM OPT Rule

Cyrus D. Mehta, Mar. 21, 2016 - "F-1 employers must attest that the F-1 employee is paid a salary commensurate with similarly situated workers and that: “(1) it has sufficient resources and trained personnel available to provide appropriate training in connection with the specified opportunity;...

Cyrus D. Mehta - Will Avvo Disrupt Immigration Law Practice Like Uber Has Disrupted Taxis?

Cyrus D. Mehta, Mar. 25, 2016 - " Avvo has already started challenging the status quo by rolling out Avvo Legal Services , which offers a fixed-fee and limited scope legal services, including immigration services, through a network of attorneys. One of the immigration services Avvo offers is a “family...

Cyrus D. Mehta - Can the H-1B Visa be Saved by Executive Action?

Cyrus D. Mehta, Apr. 4, 2016 - "The annual H-1B VISA cap forces employers to scramble way before the start of the new fiscal year, which is October 1, to file for H-1B visas, only to face the very likely project of being rejected by a randomized lottery. This is no way to treat US employers who...

Cyrus D. Mehta - Preemption of AZ DL Policy Provides Another Basis for Supreme Court to Approve DAPA, Expanded DACA

Cyrus D. Mehta, Apr. 11, 2016 - " Arizona Dream Act Coalition ... provides another basis for the Supreme Court in Texas v. USA to uphold the expanded deferred action programs as part of President Obama’s November 20, 2014 executive actions, especially the Deferred Action for Parental Accountability...

A Closer Look At The Form I-983 Training Plan for STEM OPT Students - Cora-Ann V. Pestaina

Cora-Ann V. Pestaina, Apr. 27, 2016 - "In order to obtain this new 24-month STEM OPT, the employer must have an Employer Identification Number (EIN) and be enrolled in and using the E-Verify program at the STEM OPT worksite. The employment opportunity must be directly related to the student’s...

Cyrus Mehta: Is Hillary Clinton’s Silence On H-1B Visas Golden?

Cyrus Mehta, May 3, 2016 - "Clinton’s silence on H-1B visas is a good sign when the visa program has become so poisoned in recent times. However, if she is pushed by Trump in the general election campaign, she may sound tougher on H-1B visas, although this may all be part of campaign rhetoric...

Cyrus D. Mehta on Matter of Z-A-: Recognizing the Global Role of the L-1A Manager

Cyrus D. Mehta, May 9, 2016 - "Despite the shrill rejection of globalization in the current presidential election cycle, the Appeals Administrative Office (AAO) has thankfully bucked the trend. It recently designated Matter of Z-A- Inc . as an “Adopted Decision, “which means that such...

Cyrus D. Mehta on USA v. Olivar: Conspiracy Prior to Naturalization Can Trigger Denaturalization

Cyrus D. Mehta, May 16, 2016 - "One of the advantages of becoming a US citizen is that one is no longer susceptible to being deported from the United States, especially if the person has been convicted of a crime. While being convicted of a crime results in criminal penalties, a US citizen can at...

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...