By Cyrus D. Mehta and Kaitlyn Box*
The process for an employer to sponsor a noncitizen employee for permanent labor certification is long and complicated. The first step in the process for filing Form ETA 9089, Application for Permanent Labor Certification, also known as PERM, is to file Form ETA 9141, Request for Prevailing Wage
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Commentaries on Immigration Policy, Cases, and Trends
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As Texas Has Been Smacked Down Twice for Lack of Standing in Challenges to Federal Immigration Policies, Biden Should Get Even Bolder in Reforming Our Immigration System Through Executive Actions
On March 8, 2024, Judge Tipton in Texas v. DHS dismissed a lawsuit brought by Texas and 20 other states challenging President Biden’s humanitarian parole program. Judge Tipton, who was appointed by Trump, has otherwise been receptive to challenges to Biden’s immigration policies but not this time. Texas filed the lawsuit in his court thinking…
The Potential Impact of SEC v. Jarkesy on Immigration Law and EB-5 Lawyers
By Cyrus D. Mehta and Kaitlyn Box*
On November 29, 2023, the Supreme Court heard oral argument in Securities and Exchange Commission v. Jarkesy, a case that involves several key questions: whether the statues allowing the Securities and Exchange Commission (SEC) to bring administrative enforcement proceedings that impose civil penalties violate the Seventh Amendment…
How Corner Post Along with the Demise of Chevron Deference Can Open Up Immigration Regulations to Challenges
On February 20, 2024, the Supreme Court heard oral argument in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. This case could potentially expand the six year statute of limitations to challenge a regulation under the Administrative Procedure Act (APA). § 702 of the APA provides that “]a] person suffering…
Board of Immigration Appeals in Matter of Aguilar Hernandez Provides Glimpse of How Statutes and Regulations Will Be Interpreted Without Deference to Government
By Cyrus D. Mehta and Kaitlyn Box*
On January 31, 2024, the Board of Immigration Appeals (BIA) issued a decision in Matter of Aguilar Hernandez.
Mr. Aguilar Hernandez, a noncitizen from Mexico, had been served a Notice to Appear (NTA) in 2019 that did not list the date and time of his individual hearing. He…
Musings On Brand X As a Force for Good Ahead of the Supreme Court’s Ruling on Chevron Deference
By Cyrus D. Mehta and Kaitlyn Box
The Supreme Court on January 17, 2024 heard arguments in two cases – Relentless, Inc. v. Department of Commerce and Loper Bright Enterprises v. Raimondo – that may determine whether courts will continue to give deference to a federal agency’s interpretation of an ambiguous federal statute as held in Chevron…
CSPA Disharmony: USCIS Allows Child’s Age to be Protected under the Date for Fling while DOS Allows Child’s Age to be Protected under the Final Action Date
By Cyrus D. Mehta
On February 14, 2023, the USCIS recognized that the age of the child gets protected under the Child Status Protection Act when the Date for Filing (DFF) in the Department of State (“DOS” or “State Department”) Visa Bulletin becomes current.
Since October 2015, the State Department Visa Bulletin two different charts…
USCIS Policy Manual Recognizes Dual Intent for Foreign Students as Expressed in Matter of Hosseinpour
By Cyrus D. Mehta and Kaitlyn Box*
On December 20, 2023, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance in the USCIS Policy Manual pertaining to nonimmigrant students in F and M status. An F-1 visa allows a nonimmigrant student to enter the U.S. to student at a college or university, while nonimmigrants…
2023 in Perspective from The Insightful Immigration Blog
By Cyrus D. Mehta & Jessica Paszko*
Thank you for reading and supporting The Insightful Immigration Blog in 2023 as we covered several major themes.
Though we finally said goodbye to the COVID-19 public health emergency in the spring, Title 42, which was instituted due to the pandemic, still hung around for part of the…
Comment to Proposed H-1B Rule Expressing Concern Over New Definition of Specialty Occupation
December 22, 2023
Submitted via www.regulations.gov
DHS Docket ID No. USCIS-2023-0005
Department of Homeland Security
U.S. Citizenship and Immigration Services
Office of Policy and Strategy
5900 Capital Gateway Dr.
Camp Springs, MD 20588-0009
Attn: Charles L. Nimick
Chief, Business and Foreign Workers Division
Re: Regulatory Proposal for Modernizing H–1B Requirements, Providing Flexibility in the…