Entries by Cyrus Mehta

No Longer in Use: How Changes in SOC Systems Affect Employment-based Immigration

Cyrus D. Mehta and Isabel Rajabzadeh* The Standard Occupation Classification (SOC) is a federal statistical standard used by federal agencies to classify workers into occupational categories. The Office of Management and Budget (OMB) coordinates the Federal statistical system, including the SOC. The SOC Policy Committee assists the OMB in the SOC revision process, and is […]

Requesting Premium Processing on a Downgraded I-140 Petition  

By Cyrus D. Mehta and Kaitlyn Box* In October 2020, USCIS’ decision to apply the Filing Dates, rather than the Final Action Dates, to employment-based I-485 adjustment of status applications, together with advancement in the Filing Dates in the State Department Visa Bulletin allowed many noncitizen workers who had been trapped in the green card […]

Reflections on Giuliani’s Suspension of his New York Bar License

The  temporary suspension of Rudolph Giuliani’s bar license by a New York appellate court for making false statements on behalf of Donald Trump’s election is thought provoking for lawyers, especially those who have opposed Trump and continue to oppose him. The court wrote that “these false statements were made to improperly bolster respondent’s narrative that […]

Sanchez v. Mayorkas: Although TPS Is Not An Admission, Justice Kagan’s Opinion Leaves Open Avenues for TPS Recipients to Adjust Status as Nonimmigrants

By Cyrus D. Mehta and Kaitlyn Box* On June 7, 2021, the Supreme Court decided Sanchez v. Mayorkas, holding that a grant of Temporary Protected Status (TPS) does not constitute an admission under INA § 245(a) for purposes of adjustment of status. Though overall a disappointing decision, the Court’s opinion may nonetheless leave open some […]

State Department’s New Guidance Broadening Transmission of Citizenship to Children Born Abroad Is Welcome and Consistent with Federal Court Decisions

On May 18, 2021, the State Department issued guidance broadening the path for transmission of US citizenship to a child born abroad to married parents. The guidance is reproduced below: Recognizing the advances in assisted reproductive technology the State Department is updating our interpretation and application of Section 301 of the Immigration and Nationality Act […]

Proposals for Shattering Barriers and Obstacles to Legal Immigration Without Waiting for Congress to Act

In response to the Biden administration’s invitation to comment, I submitted several proposals to reform the immigration system through executive actions so that many can be quickly helped without waiting for Congress to act. You too can submit a proposal  by May 19, 2021 at https://www.regulations.gov/document/USCIS-2021-0004-0001    May 19, 2021 Samantha Deshommes Regulatory Coordination Division […]

US Imposes Covid Travel Ban on India: How Effective Are Such Travel Bans?

By Cyrus D. Mehta and Kaitlyn Box* In previous blogs we have discussed the Trump administration’s numerous COVID travel bans that were extended by President Biden, and provided suggestions for overcoming them. On Friday, April 30, 2021, a new COVID-related travel ban was implemented, this time by the Biden Administration. President Biden issued a Presidential […]

What Happens to a Lawful Permanent Resident Who Has Been Stranded For Over One Year Abroad and the Green Card Validity Has Expired?  

By Cyrus D. Mehta and Kaitlyn Box* COVID-related restrictions have caused difficulties for many noncitizens traveling abroad during the pandemic, but lawful permanent residents (LPRs) who traveled overseas in recent months face a unique set of issues. Many LPRs who traveled overseas in the early days of the COVID-19 pandemic quickly became trapped there for […]