Immigration is one of the most complex areas of the law—so complex that even seasoned lawyers struggle to keep pace with shifting rules, changing interpretations, and unpredictable outcomes. Yet despite this complexity, people continue to come. They come because the United States has long represented freedom, opportunity, and the promise of a better future. But […]
When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it – always. MK Gandhi Zohran Mamdani has made history. He will be New […]
By Cyrus D. Mehta and Kaitlyn Box* In a prior blog, we detailed Presidential Proclamation implementing a new $100,000 fee that applies to certain H-1B workers. The initial Proclamation created concern and confusion for H-1B beneficiaries and U.S. employers alike, as it left unclear which types of H-1B petitions would be impacted. On October 20, […]
By Cyrus D. Mehta and Manjeeta Chowdhary* H-1B status is typically limited to six years in up to three-year increments. One statutory exception is § 104(c) of the American Competitiveness in the 21st Century Act (AC21) (8 CFR § 214.2(h)(13)(iii)(E)), which permits three-year extensions for workers with an approved I-140 petition while no immigrant visa […]
The Board of Immigration Appeals in Matter of J-H-M-H held on October 7, 2025 that even if the parties in a case – the noncitizen respondent and the government – have stipulated to certain aspects of the case, Immigration Judges exercise independent judgment and are not required to accept party stipulations. In this case, the […]
By Cyrus D. Mehta and Kaitlyn Box* On September 24, 2025, the Department of Homeland Security (DHS) promulgated a new proposed rule to introduce a “weighted selection” system for H-1B cap-subject petitions. The new proposed system is aimed at favoring the “allocation of H-1B visas to higher skilled and higher paid aliens”. Pursuant to the […]
By Cyrus D. Mehta and Kaitlyn Box* The Proclamation banning H-1B workers unless a $100,000 fee is paid is so blatantly unlawful that it rewrites parts of the INA. However, a successful challenge to the proclamation – after the Supreme Court upheld Trump’s travel ban for nationals of mainly Muslim countries under INA 221(f) in Trump v. Hawaii […]
By Cyrus D. Mehta and Kaitlyn Box* The Trump Administration has been creatively finding ways to put obstacles in the path of people applying for US citizenship and other immigration benefits. In this latest obstacle, broad and amorphous terms such as “anti-Americanism” and “good moral character” have been deployed as ways to evaluate, and perhaps […]
The recent trend of issuing a Notice to Appear (NTA) to terminated H-1B workers – even within their 60-day grace period – has created new ethical challenges for immigration attorneys who often represent both employer and employee.[1] The NTA is the document that begins removal proceedings. The removal proceeding against the H-1B worker is initiated […]
The USCIS has issued an Implementation Plan to end birthright citizenship under Executive Order 14160, Protecting the Meaning and Value of American Citizenship. See 90 Fed. Reg. 8449 (2025) (E.O.). The E.O. provides that the following categories of individuals will no longer be considered to be born “subject to the jurisdiction” of the United States […]
