By Cyrus D. Mehta and Kaitlyn Box*
On April 23, 2025, the Supreme Court heard oral argument in Blanche v. Lau, a case that confronted the issue of whether the government, in seeking to remove a lawful permanent resident
Latest from The Insightful Immigration Blog - Page 2
From USCIS Approval to Consular Refusal: Is a 214(b) Denial of an O-1 Visa Legally Justified?
By Cyrus D. Mehta and Manjeeta Chowdhary *
For many beneficiaries, approval of an O-1 petition by U.S. Citizenship and Immigration Services (“USCIS”) feels like the final hurdle has been cleared. After all, USCIS has already reviewed the petition and
Deportation Judges
By Prof. Stacy Caplow, Brooklyn Law School[1]
Do you want to be a judge? Hurry up to apply—the deadline is July 17, 2026. Look no further than this ad which says:
“Help write the next chapter of America. Apply
USCIS Withdraws Appeal in Mukherji: What Changes—And What Does Not?
By Cyrus D. Mehta and Manjeeta Chowdhary
In our previous blog, we discussed the decision of a district court in Nebraska in Mukherji v. Miller, which relied on Loper Bright principles to overturn an EB-1A denial based on
Federal Court Strikes Down Trump’s $100,000 H‑1B Fee: INA § 212(f) Is Not a Taxing Power
By Cyrus Mehta, Damira Zhanatova and Kaitlyn Box
On Monday, June 8, 2026, a Massachusetts federal judge delivered a major decision for employers who rely on the H‑1B program. In State of California et al. v. Markwayne Mullin et al.
Dorcas v. USCIS: Federal Court Reaffirms That USCIS Must Adjudicate, Not Stonewall, Immigration Benefits
By Cyrus D. Mehta and Damira Zhanatova∗
In Dorcas International Institute of Rhode Island v. USCIS, No. 26‑cv‑132‑JJM‑PAS, Chief Judge John J. McConnell Jr. held that USCIS’s Trump‑era “Travel Ban Countries” policies violated both the Immigration and Nationality
The Credibility Problem in Extraordinary Ability Cases: Why Evidence Matters More Than Ever in EB-1 and O-1 Petitions
USCIS New Policy Limiting Adjustment of Status Eligibility Is Bad Policy and Contrary to Law
By Cyrus D Mehta and Damira Zhanatova*
As previously addressed here, on May 21, 2026, USCIS issued Policy Memorandum PM-602-0199 (“memo”), announcing that filing an I-485 adjustment of status (AOS) application in the United States will be treated as
The Diplomatic Exception to Birthright Citizenship: Paths to Permanent Residence and Naturalization
By Cyrus D Mehta and Damira Zhanatova*
One of the most misunderstood areas of U.S. immigration law is the treatment of children born in the United States to foreign diplomats. Most people assume that anyone born on U.S. soil is
Navigating the Downgrade of the Indian LL.B in Green Card Sponsorships for Lawyers
By Cyrus D Mehta and Damira Zhanatova*
Over the last few years, many U.S. employers sponsoring Indian-trained lawyers for permanent residence have begun seeing a new kind of I-140 Request for Evidence (RFE). The problem is not usually the lawyer’s