In light of the retrogression in the employment-based fifth preference (EB-5) for China, which is predicted to occur as early as May 2015, the delays will once again impede much needed investment into the United States, which in turn will also dampen job creation. The negative effects of priority date retrogression in family and employment-based […]
By Gary Endelman and Cyrus D. MehtaThere is nothing in the Immigration and Nationality Act that requires each derivative family member to be counted on an individual basis against the worldwide and country caps. That being so, President Obama tomorrow can issue an executive order providing that this long-established practice be stopped. That single stroke of the pen […]
By Parisa Karaahmet and Cyrus D. Mehta All the rights secured to the citizens under the Constitution are worth nothing, and a mere bubble, except guaranteed to them by an independent and virtuous Judiciary. Andrew Jackson The recent lawsuit filed against the Department of Justice by an Iranian American immigration judge, raises interesting questions regarding […]
By Gary Endelman and Cyrus D. Mehta While the Obama administration is working on unveiling administrative fixes to reform the immigration system, we wish to revive one idea, which we discussed in The Tyranny of Priority Dates. We propose that aliens caught in the crushing employment-based (EB) or family-based (FB) backlogs could file an […]
The overreaction surrounding 57, 000 unaccompanied children who have come to the United States, with a population of 300 million, is not befitting of a great nation of immigrants. Indeed, some of the reaction against these children has been nothing short of disgraceful. The waiving of the American flag against busloads of dazed and frightened […]
By Gary Endelman and Cyrus D. Mehta Nothing more poignantly describes the current humanitarian crisis at the Southwest border than a recent New York Times article describing the journey of Alejandro, 8, who came to the United States on his own with only his birth certificate looking for his parents who are somewhere in San […]
By Cyrus D. Mehta and David A. Isaacson On June 9, 2014, the Supreme Court issued its ruling in Scialabba v. Cuellar de Osorio. (The case had previously been known as Mayorkas v. Cuellar de Osorio before Lori Scialabba was appointed as Acting Director of USCIS, replacing former Director Alejandro Mayorkas.) The Court ruled in […]
It is already hard enough for an immigration lawyer to represent a foreign national client in an immigration proceeding, given the language and other cultural barriers, along with the fact that immigration law can be extremely complex and unforgiving. On top of this, an immigration lawyer who represents a foreign national client with mental competency […]
By Gary Endelman and Cyrus D. Mehta All the forces in the world are not so powerful as an idea whose time has come. Victor Hugo Sometimes it takes a while for a sound idea to gain acceptance. Granting employment authorization to H-4 spouses of H-1B visa holders is a good example. It is in line with the […]
By Gary Endelman and Cyrus D. Mehta The value of the O-1 visa is its flexibility, an adaptive quality that enables it to respond to the different needs of different petitioners. Any formulaic approach that restricts the full and open expression of such subtlety not only reduces the value of the O-1 but undermines its […]
