By Cyrus Mehta and Damira Zhanatova*
For years, many H-1B professionals treated a layoff as an immigration emergency and entrepreneurship as something they had to postpone. The January 17, 2025 H-1B modernization rule changes that somewhat. It gives H-1B workers a clearer path to move into a startup they own, not because USCIS created a
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Trump v. Barbara: How the Supreme Court Dodged a Bullet on Birthright Citizenship
By Cyrus D. Mehta and Kaitlyn Box
The Supreme Court’s decision in Trump v. Barbara did far more than invalidate an overreaching executive order – it prevented a wholesale destabilization of American citizenship that could have echoed backward through generations. By a narrow but decisive majority, the Court rejected President Trump’s attempt to narrow birthright…
Mullin v. Doe: Blessing a Race-Neutral Cover for Racial Animus
By Cyrus Mehta
By Cyrus D Mehta and Damira Zhanatova*
The Supreme Court’s decision in Mullin v. Doe is a major setback for TPS holders and a deeply troubling signal about how the Court is willing to treat racialized immigration policy. By allowing the Trump administration to move forward with ending Temporary Protected Status (TPS) for Haitians and…
Blanche v. Lau: The Supreme Court Has Degraded the Rights of Lawful Permanent Residents
By Cyrus D. Mehta and Kaitlyn Box*
On April 23, 2025, the Supreme Court heard oral argument in Blanche v. Lau, a case that confronted the issue of whether the government, in seeking to remove a lawful permanent resident (LPR) who was paroled into the United States on the basis that he committed a…
From USCIS Approval to Consular Refusal: Is a 214(b) Denial of an O-1 Visa Legally Justified?
By Cyrus Mehta
By Cyrus D. Mehta and Manjeeta Chowdhary *
For many beneficiaries, approval of an O-1 petition by U.S. Citizenship and Immigration Services (“USCIS”) feels like the final hurdle has been cleared. After all, USCIS has already reviewed the petition and determined that the beneficiary qualifies for O-1 classification as an individual possessing extraordinary ability or…
Deportation Judges
By Prof. Stacy Caplow, Brooklyn Law School[1]
Do you want to be a judge? Hurry up to apply—the deadline is July 17, 2026. Look no further than this ad which says:
“Help write the next chapter of America. Apply today to become a deportation judge. Define America for Generations.”[2]
The Trump administration is…
USCIS Withdraws Appeal in Mukherji: What Changes – And What Does Not?
By Cyrus Mehta
By Cyrus D. Mehta and Manjeeta Chowdhary
In our previous blog, we discussed the decision of a district court in Nebraska in Mukherji v. Miller, which relied on Loper Bright principles to overturn an EB-1A denial based on USCIS’s use of the “final merits determination” framework. As explained in that post, the court…
Federal Court Strikes Down Trump’s $100,000 H‑1B Fee: INA § 212(f) Is Not a Taxing Power
By Cyrus Mehta
By Cyrus Mehta, Damira Zhanatova and Kaitlyn Box
On Monday, June 8, 2026, a Massachusetts federal judge delivered a major decision for employers who rely on the H‑1B program. In State of California et al. v. Markwayne Mullin et al., U.S. District Judge Leo T. Sorokin ruled that President Donald Trump’s $100,000 payment requirement…
Dorcas v. USCIS: Federal Court Reaffirms That USCIS Must Adjudicate, Not Stonewall, Immigration Benefits
By Cyrus Mehta
By Cyrus D. Mehta and Damira Zhanatova∗
In Dorcas International Institute of Rhode Island v. USCIS, No. 26‑cv‑132‑JJM‑PAS, Chief Judge John J. McConnell Jr. held that USCIS’s Trump‑era “Travel Ban Countries” policies violated both the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA). He found that the agency had thrown…
The Credibility Problem in Extraordinary Ability Cases: Why Evidence Matters More Than Ever in EB-1 and O-1 Petitions
By Cyrus Mehta
By Cyrus D. Mehta and Manjeeta Chowdhary *
In visa categories such as EB-1 and O-1, evidence is the cornerstone of the petition. The USCIS Policy Manual identifies the types of evidence that may support O-1 and EB-1 petitions, underscoring that these classifications are fundamentally evidence-driven. In EB-1 cases, the central issue is whether the…