Entries by Cyrus Mehta

Scripps v. Jaddou Offers Nuanced Interpretation of “Final Merits Determination” in Reversal of  EB-1B Denial for Outstanding Researcher

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By Cyrus D. Mehta and Jessica Paszko* Noncitizen professors or researchers can more easily seek to obtain permanent residence as “outstanding professors and researchers” in light of the District Court of Nebraska’s recent decision in Scripps v. Jaddou. Pursuant to INA § 203(b)(1), noncitizens may be eligible for permanent residency under the employment-based first preference […]

Personal Conflicts of Interest Arising Out of the Israel-Hamas War

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By Cyrus D. Mehta and Kaitlyn Box* The escalating war between Israel and Hamas  presents unique  challenges for immigration lawyers who represent noncitizens from impacted areas. One such ethical conundrum arises when a lawyer comes to know that a current or prospective client holds views about the conflict that the lawyer strongly disagrees with or […]

How Prosecutorial Discretion Saved Our Client

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By Cyrus Mehta and Jessica Paszko* This is the story of our client Nadia Habib who was in immigration proceedings from 18 months till 31 years until an Immigration Judge granted her adjustment of status on November 21, 2023! Nadia Habib came to the US in 1993 from Bangladesh when she was less than 2 […]

Space X’s Constitutional Challenge May Nix DOJ’s Ability to Bring Discrimination Claims Against Employers Under Section 274B of the Immigration and Nationality Act, Including in the Labor Certification Context

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By Cyrus D. Mehta and Kaitlyn Box* On November 9, 2023, the Department of Justice (DOJ) settled a dispute with Apple concerning allegations that Apple’s recruitment practices under the Department of Labor’s (DOL) foreign labor certification program –  known as  Program Electronic Review Management (PERM) – had discriminated against certain U.S. workers. Specifically, the DOJ […]

Will the Immigration Provisions in the AI Executive Order Bring Meaningful Change Or Be Mere Window Dressing?

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By Cyrus D. Mehta and Kaitlyn Box* On October 30, 2023, President Biden issued an Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (AI). The stated purpose of the order is to ensure that the “development and use of AI” is governed “safely and responsibly”. The executive order further […]

While the Proposed H-1B Rules Have Many Positive Features, They May Also Result in Requests for Evidence and Denials

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The Department of Homeland Security (DHS) plans to amend its H-1B regulations “governing H–1B specialty occupation workers to modernize and improve the efficiency of the H–1B program, add benefits and flexibilities, and improve integrity measures.” The notice of proposed rulemaking (NPRM), expected to be published in the Federal Register on October 23, 2023, would also […]

Shaping Immigration Policy Through EADs

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By Cyrus D. Mehta and Kaitlyn Box* In the face of Congressional inaction to fashion an immigration solution for the United States, the Administration does have broad authority to grant an employment authorization document (EAD) to noncitizens. It also has the ability to extend the validity of an EAD. On September 27, 2023, USCIS announced […]

Although the October 2023 Visa Bulletin is Disappointing, the Administration Still Has the Option to Advance the Dates for Filing in the Next Visa Bulletin

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By Cyrus D. Mehta The October 2023 Visa Bulletin was disappointing. There was some expectation that the Administration would radically advance the Dates for Filing so that many more could file I-485 adjustment of status application, but that never happened notwithstanding a bipartisan letter signed by more than 50 Congresspersons advocating for this reform.  It […]