LexisNexis® Legal Newsroom
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...

Is There A Hidden Agenda? Suspension of Premium Processing for All H-1B Petitions - Cora-Ann Pestaina

Cora-Ann Pestaina, Mar. 8, 2017 - "In one move that we did not see coming, USCIS has announced that, starting April 3, 2017, it will temporarily suspend premium processing service for all H-1B petitions. Petitioners will not be able to file Form I-907, Request for Premium Processing Service, for...

Protesting Trump’s Muslim Ban Through Art: An Immigration Lawyer’s Perspective - Cyrus Mehta

Cyrus Mehta, Mar. 12, 2017 - "There are many ways to protest Trump’s travel ban, also known as the Muslim ban. Lawyers have successfully sued against the ban in the courts. People protested at airports in an unprecedented and spontaneous manner. Art can also be a powerful form of protest against...

Employer Not Always Obligated To Pay Return Transportation Cost Of Terminated H-1B Worker - Cyrus Mehta

Cyrus Mehta, Mar. 21, 2017 - "In Vinayagam v. Cronous Solutions, Inc ., ARB Case No. 15-045, ALJ Case No. 2013-LCA-029 (ARB Feb. 14, 2017) the Administrative Review Board held that an employer’s failure to pay return transportation costs home of a terminated H-1B employee was not fatal when...

Cyrus v. Tucker: No Contest!

Cyrus Mehta, Mar. 27, 2017 - "During his campaign and after he became president, Trump has unfortunately changed the narrative by linking immigrants, especially undocumented immigrants, to rapists, murderers, terrorists and job stealers. Trump has exploited the crimes committed by a few immigrants...

Cyrus Mehta: New Developments In H-1B Cap Exemption, FY 2018

Cyrus Mehta, Apr. 3, 2017 - "U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017, for the FY 2018 cap will be rejected. Congress...

Cyrus Mehta on the H-1B Cap Filing Aftermath: Evaluating the Fate of the Computer Programmer and the H-1B-Dependent Employer

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 the occupation eligible under the H-1B visa. This...

7 Points To Remember Regarding Resume Review In The PERM Process - Cora-Ann Pestaina

Cora-Ann Pestaina, Apr. 24, 2017 - "The employer’s review of resumes received from applicants continues to be one of the trickiest issues in the PERM labor certification process. The process might seem straightforward enough because, after all, employers filing PERM applications are likely...

David Isaacson - You Ask a Silly Question, and You Get a Silly Answer: Speeding, Terrorist Babies, and Why DHS Should Consider Revising or Eliminating Certain Form Questions

David Isaacson, May 1, 2017 - "During the recent Supreme Court oral argument in Maslenjak v. United States , Chief Justice John Roberts pointed out that the government’s interpretation of the statute at issue there implies that a naturalization applicant who has driven 60 miles per hour in...

Cyrus Mehta: Cross Currents In Federal Preemption of State and Local Immigration Law Under Trump

Cyrus Mehta, May 8, 2017 - "Preemption of federal immigration law over punitive state immigration laws was a hot topic until very recently, especially when Arizona enacted a tough enforcement law known as SB1070. The Obama administration fiercely challenged the law under the preemption doctrine...

Hazards of Various Forms of Leave At the Point of Termination of H-1B Employment

Michelle S. Velasco, May 16, 2017 - "In most cases, termination of H-1B employment by either the at-will employer or employee is fairly straightforward. Once termination takes place, the employer in most cases is required to offer to pay the reasonable costs of the H-1B worker’s return transportation...

EB-5 Green Card, Ethics and Trump - Cyrus Mehta

Cyrus Mehta, May 22, 2017 - "The EB-5 green card program for foreign investors is very much in the news due to its connection with President Trump! A series of news reports have highlighted the Kushner family’s attempt to raise funds through the EB-5 green card program from Chinese investors...

Going Beyond IRAP v. Trump: Challenging “Bad Faith” Governmental Actions Denying Non-Citizens Admission Into the US - Cyrus Mehta

Cyrus Mehta, May 30, 2017 - "The Fourth Circuit’s decision in International Refugee Assistance Project v. Trump upholding the preliminary injunction against President Trump’s travel ban , on the ground that it violated the Establishment Clause of the US Constitution, holds out hope for...

Cyrus Mehta: Trump’s Tweet On “Extreme Vetting” May Have Opened the Door to a Court Challenge

Cyrus Mehta, June 12, 2017 - "The Trump administration has begun to apply extreme vetting on visa applicants, even though tourism has dropped this year . A new form , DS-5535 , asks visa applicants extremely detailed questions about travels, work history and their presence on social media, as...

Supreme Court May Have Bolstered Rights of Foreign Nationals with Ties to the United States - Cyrus Mehta

Cyrus Mehta, June 27, 2017 - "While disappointing that the Supreme Court allowed the ban to apply on visa applicants with no ties with the US from the banned countries, it may have permanently bolstered the rights of visa applicants who have ties to the US to challenge visa denials, which hitherto...