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
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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…
USCIS New Policy Limiting Adjustment of Status Eligibility Is Bad Policy and Contrary to Law
By Cyrus D Mehta and Damira Zhanatova*
As previously addressed here, on May 21, 2026, USCIS issued Policy Memorandum PM-602-0199 (“memo”), announcing that filing an I-485 adjustment of status (AOS) application in the United States will be treated as an “extraordinary” form of relief and emphasizing that most individuals seeking permanent residence should instead…
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 Mehta
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 Mehta
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…
Blanche v. Lau: Will the Supreme Court Degrade 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 confronts 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…
H-1B Enforcement While Working Abroad: Why Are CBP Officers in Abu Dhabi Scrutinizing LCAs?
By Cyrus D. Mehta and Kaitlyn Box*
Recently, reports have surfaced of issues with U.S. Customs and Border Protection (CBP) Preclearance in Abu Dhabi – namely, that beneficiaries who had been outside the United States were asked questions about whether the conditions described in the Labor Conditions Application (LCA) had been complied with while they…
Beyond Future Newborns: How Upholding Trump’s Birthright Citizenship Order Could Jeopardize Tens of Millions of Existing Americans
By Cyrus Mehta
By Cyrus D. Mehta and Kaitlyn Box*
On April 1, the Supreme Court heard oral argument in Trump v. Barbara, a case which raises a 14th Amendment challenge to President Trump’s executive order restring birthright citizenship. The executive order, which was discussed in detail in a prior blog, interprets the language “subject to…
ICE Presence at Domestic Airports Blurs the Line Between Airport Security and Immigration Enforcement
By Cyrus D. Mehta and Kaitlyn Box*
In recent weeks, President Trump has dispatched ICE agents to some major airports, purportedly to fill in for TSA workers who are furloughed as a result of the DHS shutdown. Tom Homan, the Trump administration’s border czar, has hinted that ICE agents may remain in airports even after…