By Cyrus D. Mehta & Jessica Paszko* Thank you for reading and supporting The Insightful Immigration Blog. Listed below are the top 10 most viewed blogs that were published in 2022. While these are the 10 most viewed blogs, each blog is a carefully crafted gem, and we invite you to read all of them. […]
By Cyrus D. Mehta and Kaitlyn Box* On December 9, 2022, the Supreme Court granted certiorari in United States v. Helaman Hansen, a case that poses the question whether the federal criminal prohibition on encouraging or inducing unlawful immigration for commercial advantage or private financial gain in violation of INA §274(a)(1)(A)(iv) is unconstitutionally overbroad. Helaman […]
By Cyrus D. Mehta and Kaitlyn Box* On Tuesday, November 29th, the Supreme Court heard oral arguments in US v. Texas, which involves a challenge to the Biden administration’s Immigration and Customs Enforcement (ICE) enforcement priorities. Originally laid out in the 2021 Mayorkas Memo, this list of enforcement priorities would have allowed ICE to focus […]
By Cyrus D. Mehta and Kaitlyn Box* In recent weeks, news of layoffs at the likes of Twitter, Meta, and Amazon have contributed to broader fears that the United States is entering a recession. In last week’s blog, we provided suggestions for how terminated workers can maintain their nonimmigrant status and potentially even pursue permanent […]
The AILA Law Journal has come a long way since its April 2019 launch. At the time of the publication of the November 2022 issue, the AILA Law Journal will be 8 issues old. I am proud to be the Editor in Chief of the AILA Law Journal at the time of the release of […]
By Cyrus D. Mehta The sudden layoffs of nonimmigrant workers in H-1B and other statuses at Twitter and other tech companies in the US create additional concerns as their visa status is tied to the employer. Those who have been sponsored for permanent residence face additional concerns. We provide a quick guide to employees who […]
By Cyrus D. Mehta & Jessica Paszko* Earlier this year, the USCIS issued policy guidance in the USCIS Policy Manual to clarify how the USCIS evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on persons in science, technology, engineering, or mathematics (STEM) fields. The O-1A nonimmigrant visa is available […]
By Cyrus D. Mehta and Kaitlyn Box* H-1B workers can file complaints against employers to the Department of Labor if they are not paid the promised wage. One H-1B worker filed complaints against two of his employers, Metromile, Inc, and Hinge Health, for back wages. When the worker was not satisfied with the initial decisions, […]
By Stacy Caplow∗ President Biden pardoned thousands of United States citizens and lawful permanent residents who committed or were convicted in federal courts of simple marijuana possession since 1992, and even earlier if those records can be located. This is a record number of mass pardons since Vietnam draft resisters were pardoned by President Carter […]
By Cyrus D. Mehta and Kaitlyn Box* To what extent can the Executive Branch allow noncitizens to remain and work in the US when there is no explicit provision in the Immigration and Nationality Act (INA) covering these categories of noncitizens? Two courts of appeals have ruled differently in recent decisions. One court found authority […]
