Entries by Cyrus Mehta

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

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

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

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

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 […]

USCIS Updates Policy Guidance on CSPA ‘Sought to Acquire’ Requirement After Using Filing Date to Protect the Age of the Child

By Cyrus D. Mehta and Kaitlyn Box* As detailed in a prior blog, USCIS issued updated guidance on February 14, 2023 on when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age under the Child Status Protection Act (CSPA). Prior to February 2023, USCIS had taken the position that only […]

Will United States v. Hansen Come Back to Bite Trump?  

By Cyrus D. Mehta and Kaitlyn Box* Former President Trump was indicted on August 1, 2023 by Special Counsel Jack Smith for his efforts to overturn the 2020 elections. Although Trump believes his actions were protected by the First Amendment, a recent Supreme Court case involving an immigration statute, United States v. Hansen,  held that […]