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Cyrus Mehta

About Cyrus Mehta

Cyrus D. Mehta is the Founder and Managing Partner of Cyrus D. Mehta & Partners PLLC. He is a prolific speaker and writer on contemporary immigration topics. He graduated with law degrees from Cambridge University and Columbia Law School.

Entries by Cyrus Mehta

Assisted Reproductive Technology and Transmission of American Citizenship: Is There Any Need For A Biological Link After Jaen v. Sessions?

August 27, 2018/0 Comments/in uncategorized/by Cyrus Mehta

When a child is born abroad to a US citizen parent, the Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) has always insisted on a biological relationship with a US citizen parent in order to acquire U.S. citizenship from that parent. This has always meant a genetic relationship, but with the advancement of Assisted Reproductive Technology […]

USCIS Finalizes Unlawful Presence Policy Putting F, J And M Nonimmigrants In Great Jeopardy

August 13, 2018/1 Comment/in Blog/by Cyrus Mehta

The USCIS finalized its unlawful presence policy for F, J and M nonimmigrants on August 9, 2018. The final policy makes no significant changes from the draft policy of May 10, 2018. My earlier blog noted the flaws in the draft policy, which persist in the final policy. The final policy incorrectly breaks down the […]

Heightened Ethical and Strategic Considerations for Business Immigration Attorneys Under USCIS’s New Removal Policy

July 16, 2018/0 Comments/in Blog, uncategorized/by Cyrus Mehta

U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance on July 5, 2018, PM-602-0050.1,  that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security (DHS). A Notice to Appear (NTA) instructs a person to appear before an immigration judge on a certain […]

Can the Beneficiary Pay the Fee in Federal Court Litigation Challenging an H-1B Visa or Labor Certification Denial?

June 11, 2018/0 Comments/in Blog/by Cyrus Mehta

There is a clear prohibition to the foreign national beneficiary paying attorney fees and costs associated with labor certification. Similarly, fees and costs associated with the preparation of an H-1B petition and Labor Condition Application are considered unauthorized deductions from the beneficiary’s wage. These prohibitions are set forth in regulations of the Department of Labor […]

State Department’s Change To Public Charge Guidance In Foreign Affairs Manual Will Result in Many More Visa Refusals

May 29, 2018/0 Comments/in Blog/by Cyrus Mehta

The Trump Administration has opened another front in its war on legal immigration to the United States, which is to broaden the definition of who is likely to become a public charge.  One who is likely to become a public charge can be refused a visa to enter the United States or denied adjustment of […]

USCIS Improperly Blurs Distinction Between Violation of Status and Unlawful Presence for F, J and M Nonimmigrants

May 12, 2018/0 Comments/in uncategorized/by Cyrus Mehta

U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on May 10, 2018, “Accrual of Unlawful Presence and F, J, and M Nonimmigrants.” The memo abruptly revises previous policy guidance in the USCIS Adjudicator’s Field Manual relating to this issue. The new guidance is effective August 9, 2018, and after reading this blog, it […]

Analyzing the Definition of a Specialty Occupation Under INA 214(i) to Challenge H-1B Visa Denials

April 10, 2018/0 Comments/in uncategorized/by Cyrus Mehta

In recent denials of H-1B petitions, the USCIS has been taking the position that the occupation for which H-1B classification is sought must require a degree in the specific field.  This position runs contrary to the definition of a specialty occupation. An occupation that may require a degree is diverse fields may also qualify.  Denials […]

Fearlessly Challenging H-1B Visa Denials Through Litigation

March 31, 2018/1 Comment/in uncategorized/by Cyrus Mehta

By Cyrus D. Mehta and Eleyteria Diakopoulos As we have blogged about extensively in the past, President Trump’s “Buy American and Hire American” Executive Order No. 13788 has had the most negative impact on the H-1B visa program. Following this pattern, the recent trend by the U.S. Citizenship and Immigration Services (USCIS) heading into the […]

California’s New Laws Protecting the Rights of Immigrants Are Civil Rights and Should Never Be Found to Be Unconstitutional

March 12, 2018/0 Comments/in Blog/by Cyrus Mehta

The Trump administration has ramped up its ire against California by filing a lawsuit against three different California laws that aims to protect immigrants from the harsh effects of federal enforcement. The three laws are the Immigrant Worker Protection Act, which regulates the way private employers can respond to federal efforts to investigate workplace immigration […]

The Draconian Documentation Regime For Third Party Arrangements in H-1B Visa Petitions

March 5, 2018/0 Comments/in uncategorized/by Cyrus Mehta

The attacks on the H-1B visa program by the Trump administration continue unabated. On February 22, 2018,  U.S. Citizenship and Immigration Services (USCIS)  published a policy memorandum entitled Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites (Third-Party Memo) clarifying that USCIS may request detailed documentation to ensure that a legitimate employer-employee relationship is […]

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Recent Posts

  • Matter of Ho Revisited: Protecting Adjustment Applicants in Removal Proceedings When Visa Numbers Are Unavailable
  • When Government Threats Collide with the Ethics of Asylum Representation
  • Additional H-1B Barriers Outside the Statute: The September 18 Executive Order on Layoffs and the Extension of the $100,000 Proclamation
  • The Fourth Circuit Breaks with Pickering: Why Yanez Piedra v. Blanche Matters for Vacated Convictions
  • A Maryland Court Blocks Trump’s Latest End-Run Around Birthright Citizenship

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