By Cyrus D. Mehta and Kaitlyn Box*
On July 21, 2022, the Supreme Court granted certiorari in United States v. Texas, which involves a challenge to the U.S. Immigration and Customs Enforcement (ICE) enforcement priorities as originally laid out in
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Will “Head of Team Anywhere” and Other New Fangled Jobs That Have Popped Up During the Pandemic Be Able to Fit Under Existing Visa Categories?
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
From reliance on Zoom meetings to conduct business to an increased emphasis on employees’ health and wellbeing, COVID has ushered in fundamental alterations to many workplace cultures. But innovations in the ways in…
The Long, Windy, Bumpy, and Outrageous Road to Labor Certification feat. Two Sunday Ads
By Cyrus Mehta
By Cyrus D. Mehta and Jessica Paszko*
It’s no secret that employers wishing to sponsor a foreign national for permanent employment must jump through many bureaucratic hoops that Congress once envisioned would ensure that foreigners are not stealing jobs from…
Considerations When Terminating a Foreign Worker
By Cyrus Mehta
By Cyrus D. Mehta
Terminating an employee is always a very difficult decision, and requires the employer to comply with various state and federal laws. Terminating a noncitizen employee requires additional considerations under US immigration law. The American Immigration Lawyers…
A Practical Guide to Spending the 3 and 10 Year Bars in the US
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
On June 24, 2022, USCIS issued a Policy Alert on inadmissibility under § 212(a)(9)(B) of the Immigration and Nationality Act (INA) This provision states that a noncitizen was unlawfully present in the United…
Impact of the Overturning of Roe v. Wade on Immigrants
By Cyrus Mehta
By Cyrus D. Mehta, Kaitlyn Box*, and Jessica Paszko**
On June 24, 2022, the Supreme Court issued its opinion in Dobbs v. Jackson Women’s Health Organization, overturning the landmark decision Roe v. Wade, and holding that there is…
Still Disadvantaged Even When Your Priority Date Becomes Current
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
Individuals who are caught in the employment-based immigrant visa backlogs must navigate myriad issues that are associated with waiting for their priority dates to become current and applying for adjustment of status. Generally,…
Ethical Dimensions of Patel v. Garland
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
On May 16, 2022, the Supreme Court issued its decision in Patel v. Garland, a decision that has devastating implications for the reviewability of U.S. Citizenship and Immigration Services’ (“USCIS”) actions in…
The Pathos of Patel v. Garland
By Cyrus Mehta
By Stacy Caplow∗
There are many reasons for despair over the Supreme Court’s technocratic decision in Patel v. Garland which strikingly depends on arguments advanced by an amicus rather than the Government. The decision effectively forecloses judicial review of fact-finding…
H-1B Extension Beyond Six Years Will Not Be Granted If Priority Date is Current and Green Card is Not Applied for Within One Year
By Cyrus Mehta
By Cyrus D. Mehta and Jessica Paszko*
The Immigration and Nationality Act (INA) § 214(g)(4) limits the amount of time that H-1B nonimmigrant workers may extend their H-1B status to six years. Under certain situations, however, H-1B status may be…