Entries by Cyrus Mehta

While the H-1B Modernization Rule Will Insulate the H-1B Program from Trump, It Gives More Power to Investigate Alleged Fraud Which Trump Will Readily Use to Harass Employers and Workers

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By Cyrus D. Mehta The Department of Homeland Security (DHS) announced a final rule, effective January 17, 2025, that will “significantly enhance U.S. companies’ ability to fill job vacancies in critical fields, strengthening our economy.” The new rule “modernizes the H-1B program by streamlining the approvals process, increasing [DHS’s] flexibility to better allow employers to […]

As “Brain Gain” Replaces “Brain Drain” State Department Removes Many Countries Including China and India from the Two-Year Home Country Requirement

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By Cyrus D. Mehta & Jessica Paszko* The Department of State (DOS) announced an update of the countries on the Exchange Visitors Skills List, effective December 9, 2024. This update supersedes the most recent update in 2009. DOS has removed China and India, among 34 countries, from the list. This means that J nonimmigrant exchange […]

Ethical Obligations of the Attorney to Safeguard Information About a Client’s Whereabouts with a Removal Order Under Trump 2.0

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By Cyrus D. Mehta and Kaitlyn Box* The recent reelection of Donald Trump is likely to usher in a new era of enhanced immigration scrutiny and enforcement. This shift raises a number of ethical questions and concerns for immigration lawyers. One such issue is whether immigration lawyers would be required to provide law enforcement or […]

USCIS’ Change in CSPA Policy Can Help Aged Out Children Who Missed Out During the October 2020 Visa Bulletin EB-3 Advance for India

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By Cyrus D. Mehta and Kaitlyn Box On September 25, 2024, USCIS announced that it had updated guidance in the USCIS Policy Manual Child Status Protection Act (CSPA) age for noncitizens who demonstrate extraordinary circumstances. The new guidance: “Clarifies that the CSPA age calculation of an applicant who established extraordinary circumstances and is excused from […]

237(a)(1)(H) Waiver After Denial of Naturalization Application?

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By Cyrus D. Mehta At the naturalization interview the noncitizen applicant could face a rude shock if the examiner reveals that they made a misrepresentation in a long forgotten application for an immigration benefit filed in the distant past. For example, the applicant could have been misled by an unauthorized practitioner when she first came […]

Parole in Place – A Means to an End or An End in Itself?

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By Cyrus D. Mehta and Kaitlyn Box*  On June 18, 2024, President Biden announced new measures aimed at ensuring that “U.S. citizens with noncitizen spouses and children can keep their families together”. One of these measures provides a discretionary grant of parole in place (“PIP”) to individuals who: are present in the United States without […]