Entries by Cyrus Mehta

Remembering Mark Von Sternberg Through Matter of Recinas

By Cyrus D. Mehta I write this blog  in fond memory of Mark Von Sternberg who passed away on May 16, 2023. Mark was a brilliant lawyer, scholar and writer who worked very hard on behalf of the most vulnerable immigrants.  He was a Senior Attorney with Catholic Charities Community Services/Archdiocese of New York where […]

Kellogg Has Reared its Ugly Head in the New Labor Certification Form: How Do We Deal with Alternate Requirements?

By Cyrus D. Mehta and Kaitlyn Box* Our most recent blog in this series discusses the new Application for Permanent Employment Certification, Form ETA 9089 (“ETA 9089”) and corresponding Application for Prevailing Wage Determination, Form ETA 9141 (“ETA 9141”) promulgated by the Department of Labor (DOL), and, specifically, how issues concerning dual representation and familial […]

Answering Tricky Questions on the Revised Labor Certification Form on Dual Representation and Familial Relationships

By Cyrus D. Mehta The Department of Labor’s Office of Labor Certification (OFLC) has revised the Application for Permanent Employment Certification, ETA Form 9089, as well as the corresponding Application for Prevailing Wage Determination, Form ETA 9141. OFLC will begin accepting these revised forms on May 16, 2023, and has posted an “unofficial watermarked preview […]

Second Circuit Upholds Trump Era Interpretation on Administrative Closure Even Though Biden Has Changed It. Does This Leave Open Possibility that Biden Era Interpretation May Also Be Upheld If Future Administration Changes It?

By Cyrus D. Mehta and Kaitlyn Box* The Second Circuit in Garcia v. Garland upheld the BIA’s decision not to grant administrative closure under Matter of Castro-Tum, despite the fact that that the case has since been overruled. Matter of Castro -Tum, a Trump era decision, held that Immigration Judges (IJs) and the Board of […]

Dealing With Section H.10-B Labor Certification Denials

By Cyrus D. Mehta and Kaitlyn Box* In recent weeks, reports of PERM labor certification denials concerning the manner in which question H.10-B was completed on Form ETA 9089 have abounded from many immigration lawyers and their clients. This question asks employers to “identity the job title of the acceptable alternate occupation” if an alternate […]

Providing Competent Representation to Undocumented Noncitizens Despite the Criminal Encouragement Provision 

By Cyrus D. Mehta and Kaitlyn Box* Our previous blog discussed United States v. Helaman Hansen, a case in which the Supreme Court granted certiorari on December 9, 2022. Oral argument in the case is set for March 27, 2023. Hansen questions whether INA §274(a)(1)(A)(iv), or the “encouragement provision”, which prohibits individuals from “encourag[ing] or […]

The Dates for Filing Chart in the Visa Bulletin Not Only Protects Children from Aging Out But Can Be Dramatically Advanced To Allow Many More Backlogged Immigrants To File Adjustment of Status Applications

By Cyrus D. Mehta On February 14, 2023, the USCIS issued updated guidance to indicate when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age in certain situations under the Child Status Protection Act (CSPA). The guidance became on effective 2/14/23 and comments are due by 3/14/23. Since October 2015, […]