By Cyrus D. Mehta It is well settled that noncitizens must have the requisite intent to work for their employers at the time of entry or adjustment of status under the employment second (EB-2) or employment third preferences (EB-3) unless they are exercising job portability under specific statutory provision. A noncitizen who does not have […]
I conducted a one hour presentation on immigration relief for Ukrainians under the aegis of the Practising Law Institute on March 29, 2022, and spoke about options for Ukrainians in the US as well as for those who have fled Ukraine or considering fleeing as a result of the unprovoked Russian invasion. This presentation should […]
By Cyrus D. Mehta and Kaitlyn Box* Since Russia’s invasion of Ukraine in late February 2022, there has rightly been much discussion of how to assist the Ukraine and its citizens. The United States’ immigration laws can plainly be employed to assist Ukrainian nationals who wish to seek refuge in the United States, including extending […]
By Cyrus D. Mehta, Kaitlyn Box*, and Jessica Paszko** The USCIS Contact Center purports to provide tools for checking case statuses online, correcting notices that contain mistakes or were never delivered, and connecting applicants to a representative for live support. However, the Contact Center is more often a source of frustration than assistance. We outline […]
On March 3, 2022, the Department of Homeland Security (DHS) announced the designation of Ukraine for Temporary Protected Status (TPS) for 18 months. Also, U.S. Citizenship and Immigration Services issued an alert on March 4, 2022, about immigration help available on a case-by-case basis to those affected by “special situations,” including the invasion of Ukraine. […]
*By Cyrus D. Mehta and Kaitlyn Box* We follow up on our blog series on requesting a transfer of underlying basis. Previous blogs on this topic can be found here and here. Due to the exceptionally high number of EB-1 and EB-2 visas available this fiscal year, USCIS is urging applicants to consider switching to […]
By Cyrus D. Mehta and Kaitlyn Box* Since H-1B and L visa nonimmigrant status allows for dual intent, the filing of an I-485 adjustment of status application does not conflict with the maintenance of those nonimmigrant statuses. One maintaining H-1B or L status can also apply for an employment authorization document (EAD) and advance parole […]
By Cyrus D. Mehta and Jessica Paszko* Establishing extraordinary ability under the employment-based first preference (EB-1) visa category is neither an easy nor straightforward feat. In 2010, Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010), which we wrote a blog about, muddied the waters when it tacked onto the EB-1 determination, a vague, second […]
By Cyrus D. Mehta and Kaitlyn Box* On January 21, 2021, the Biden administration announced a series of actions aimed at attracting and retaining STEM students and workers to the United States. Among the most significant provisions, the U.S. Department of Homeland Security (DHS) has added 22 new fields to the STEM optional practical training […]
Update – January 21, 2022
On January 21, 2022, USCIS released new guidance on requests to transfer the underlying basis of an I-485 to a different employment-based immigrant category based on another Form I-140. The guidance states that USCIS may, in its discretion grant a transfer of underlying basis if the following criteria are met:
