By Cyrus D. Mehta and Manjeeta Chowdhary *
In visa categories such as EB-1 and O-1, evidence is the cornerstone of the petition. The USCIS Policy Manual identifies the types of evidence that may support O-1 and EB-1 petitions, underscoring
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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 Mehta
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…
L-1 Eligibility Without Traditional Employment: Pozzoli, Tessel, and Historic INS Guidance
By Cyrus Mehta
By Cyrus D Mehta and Damira Zhanatova*
For many multinational employees, founders and senior executives, especially outside the United States, “employment” is not always a simple paycheck and payroll relationship. They may be compensated through their own entities, hold significant…
Blanche v. Lau: Will the Supreme Court Degrade the Rights of Lawful Permanent Residents?
By Cyrus D. Mehta and Kaitlyn Box*
On April 23, 2025, the Supreme Court heard oral argument in Blanche v. Lau, a case that confronts the issue of whether the government, in seeking to remove a lawful permanent resident…
H-1B Enforcement While Working Abroad: Why Are CBP Officers in Abu Dhabi Scrutinizing LCAs?
By Cyrus D. Mehta and Kaitlyn Box*
Recently, reports have surfaced of issues with U.S. Customs and Border Protection (CBP) Preclearance in Abu Dhabi – namely, that beneficiaries who had been outside the United States were asked questions about whether…
Beyond Future Newborns: How Upholding Trump’s Birthright Citizenship Order Could Jeopardize Tens of Millions of Existing Americans
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
On April 1, the Supreme Court heard oral argument in Trump v. Barbara, a case which raises a 14th Amendment challenge to President Trump’s executive order restring birthright citizenship. The executive order,…
ICE Presence at Domestic Airports Blurs the Line Between Airport Security and Immigration Enforcement
By Cyrus D. Mehta and Kaitlyn Box*
In recent weeks, President Trump has dispatched ICE agents to some major airports, purportedly to fill in for TSA workers who are furloughed as a result of the DHS shutdown. Tom Homan, the…
New Fields in Form I-129 for H-1B Classification Need to Sync with Appropriate Wage Levels in the Lottery and Labor Condition Application
By Cyrus D. Mehta and Kaitlyn Box*
On February 27, 2026, USCIS published a new edition of Form I-129, which it will accept exclusively beginning April 1, 2026. The new edition of Form I-129 introduces several new fields in the…