Entries by Cyrus D. Mehta & Damira Zhanatova

The Diplomatic Exception to Birthright Citizenship: Paths to Permanent Residence and Naturalization

By Cyrus D Mehta and Damira Zhanatova* One of the most misunderstood areas of U.S. immigration law is the treatment of children born in the United States to foreign diplomats. Most people assume that anyone born on U.S. soil is automatically a U.S. citizen. In reality, the Fourteenth Amendment and federal regulations carve out a […]

Navigating the Downgrade of the Indian LL.B in Green Card Sponsorships for Lawyers

By Cyrus D Mehta and Damira Zhanatova* Over the last few years, many U.S. employers sponsoring Indian-trained lawyers for permanent residence have begun seeing a new kind of I-140 Request for Evidence (RFE). The problem is not usually the lawyer’s experience, bar admission, or the substantive need for foreign law expertise. Instead, the RFE often […]

L-1 Eligibility Without Traditional Employment: Pozzoli, Tessel, and Historic INS Guidance

By Cyrus D Mehta and Damira Zhanatova* For many multinational employees, founders and senior executives, especially outside the United States, “employment” is not always a simple paycheck and payroll relationship. They may be compensated through their own entities, hold significant equity, or even draw no traditional salary. Yet U.S. immigration law still requires that an […]