By Gary Endelman and Cyrus D. Mehta For many years, those concerned about the hemorrhaging of good paying jobs to India, especially in the IT sector, have blamed overly liberal US immigration policies for their ills. Precisely the opposite is true. Right now, there is a deep and growing IT shortage for world-class talent in […]
by Gary Endelman and Cyrus D. Mehta In a recent unpublished decision, the Board of Immigration Appeals, in In re Jose Jesus Murillo, A099 252 007, October 6, 2010, http://drop.io/oucv5fe, reaffirmed its broadened “sought to acquire” standard under the Child Status Protection Act (CSPA). The CSPA artificially freezes the age of a child below 21 […]
By Gary Endelman and Cyrus D. MehtaIt has always been known that being authorized to work in the US is not the same thing as being in a lawful status. The Fifth Circuit Court of Appeals recently issued a decision in Bokhari v. Holder, No. 09-60538, September 29, 2010, confirming this enigma. Simply stated, the […]
By Cyrus D. Mehta My distinguished colleague, Paul Parsons, in Austin, Texas, has justifiably complained to Jeff Gorsky, Chief, Legal Advisory Opinions Section, Visa Office, State Department, http://bit.ly/bl44VO, about the arbitrary manner in which consular posts administratively close K-1 or K-3 visa cases, and recommend revocation of the petition visas when they suspect the bona […]
By Cyrus D. Mehta § 245(i) of the Immigration and Nationality Act, which sunset on April 30, 2001, has been a great boon for those who are not in status in the United States. It permits adjustment of status of certain aliens who are unable to adjust under § 245(a) for entering without inspection or […]
By Gary Endelman and Cyrus D. Mehta There is growing Islamophobia engulfing the country combined with a rise in xenophobia, http://www.time.com/time/nation/article/0,8599,2011798,00.html. The Islamophobia has been unleashed as a result of the unfortunate controversy over the Islamic center and mosque that will be built within two blocks of Ground Zero. Much has been written about this […]
By Gary Endelman and Cyrus D. Mehta What is the main complaint against foreign workers? Simple: They undercut American wages. How do we know that one might ask? Well, critics like Senator Charles Schumer (D-NY), who unveiled and passed HR 6080, the Border Security Emergency Supplemental Appropriations Act of 2010, do not tell us but […]
By Gary Endelman and Cyrus D. Mehta Dear Senator Schumer: We know that you and your colleagues with great aplomb approved a border security bill, H.R. 6080, that would provide $600 million in funding for putting $1,500 border security to prevent illegal immigration, which will be paid for by raising fees on certain H-1B and […]
By Gary Endelman and Cyrus D. Mehta A Border Security bill, H.R. 6080, which was passed by the House on August 10, 2010, proposes to add 1,500 more border officers on the US-Mexico border. It proposes to pay for their salaries and other support systems by substantially raising the filing fees of H-1B and L […]
Most within the H-1B visa community are familiar about being able to “port” under INA § 214(n) to a new employer upon the filing of a new H-1B petition without waiting for the petition to be approved. This article endeavors to creatively draw more out of § 214(n) to benefit the H-1B worker in troubled […]
