Cyrus D. Mehta & Partners PLLC

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By Cyrus D. Mehta
On January 25, 2021, President  Biden signed an executive order entitled the Future  is Made in All of America by All of America’s Workers. This executive order revokes Trump’s Buy American Hire American Executive Order
Continue Reading The Rescission of  Trump’s Buy American Hire American Will Benefit Immigrants and America

By Cyrus D. Mehta & Kaitlyn Box*

There is much for all of us to be excited about after President Biden’s inauguration on January 20, 2021 when he aggressively rescinded many of Trump’s most damaging immigration actions. We were also
Continue Reading President Biden Ushers in New Hope on Immigration after Trump’s Destructive and Xenophobic Four Years

By Cyrus D. Mehta & Kaitlyn Box* 
Although President Trump is on his way out, his administration has promulgated two new rules that will have a devastating impact on the H-1B visa program and legal immigration.
Reissuance of DOL Wage
Continue Reading Trump’s Final Attacks on H-1B Visas and Legal Immigration: Reintroduction of the Wage Rule and Rule Requiring Client Companies to File H-1B Petitions 

By Cyrus D. Mehta & Kaitlyn Box*
On the last day of 2020, Trump issued a Presidential Proclamation extending two previous Proclamations – Proclamation 10014 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market
Continue Reading Extending the Immigrant and Nonimmigrant Visa Bans: The Last Gasps of 212(f) Jurisprudence Under Trump

By Cyrus D. Mehta & Kaitlyn Box*
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
Continue Reading Innova Solutions v. Baran: Computer Programmer is a Specialty Occupation Under the H-1B Visa

By Cyrus D. Mehta and Kaitlyn Box*
In an earlier blog, we discussed ethics for immigration lawyers during the COVID-19 pandemic. Another ethical dilemma, addressed by two recent ethics opinions from the New York City Bar and the New
Continue Reading Two New York Ethics Opinions Instruct When Lawyers Can Withdraw from Representing a Client in Court During COVID-19

The Department of Justice’s lawsuit claiming that Facebook discriminated against US workers even when it followed DOL regulations for sponsoring foreign national workers is troubling. It renders every employer vulnerable to charges of discrimination each time it files a labor
Continue Reading Justice Department’s Discrimination Lawsuit Against Facebook Chills Employer’s Ability to Legitimately Sponsor Skilled Foreign National Workers for a Green Card

On November 18, 2020, U.S. Citizenship and Immigration Services (USCIS) updated policy guidance to clarify the circumstances when the agency would find applicants ineligible for naturalization because they were not lawfully admitted for permanent residence. “Applicants are ineligible for naturalization
Continue Reading The Inappropriateness of Finding Abandonment of Lawful Permanent Residency During Naturalization

Ever since I co-wrote The Tyranny of Priority Dates in 2010, followed by How President Obama Can Erase Immigrant Visa Backlogs With A Stroke Of A Pen in 2012,  I have steadfastly maintained that the current and prior administrations  have
Continue Reading Proposal for the Biden Administration to Reduce Backlogs: Count the Family Together So That They May Stay Together