Page 36 - The Indian EYE 011025

IMMIGRATION JANUARY 10, 2025 | The Indian Eye 36

2024 in Perspective from

The Insightful Immigration Blog

BY CYRUS D. MEHTA & impact immigration law. Af- November, the fog cleared idea remains viable. We hope and longtime use of H-2B and
ter the Fifth Circuit Court of revealing a horizon that was the tech faction within the H-2A visas—programs starkly
JESSICA PASZKO*
Appeals dismissed a lawsuit not the familiar, joyful blue Trump administration, includ- different from H-1Bs. Wheth-
challenging President Biden’s of recent years but a striking, ing DOGE, if they succeed in er Trump 2.0 will embrace
n 2024, we stayed true humanitarian parole program loud, and unpredictable red— the H-1B debate, will consider H-1Bs in a way that contrasts
to our name, offering in-
Isightful commentary on in Texas v. DHS, we urged the with an ironic tinge of spray- it. However, as long as Ste- with Trump 1.0, or whether
his recent comments reveal
Biden administration to take
phen Miller oversees immi-
tan orange. Our “what ifs”
immigration policy, cases, and bolder steps, reforming the quickly turned to “what now” gration policy, our proposal is a persistent misunderstand-
trends. immigration system through as we prepared for the MAGA likely to remain on hold. ing of these programs that
We celebrated positive
On a brighter note, the
policy changes, such as the re- parole initiatives and other ex- storm on the way. H-1B modernization rule, set shaped Trump 1.0, remains to
ecutive actions without fear of
be seen. Indeed, in the face
First, we reminded our-
moval of countries like China lawsuits from certain states. selves that a popular mandate to take effect in a few weeks, of attacks by influential peo-
and India from the Exchange Our insights on immigra- does not give a president the could provide critical protec- ple in Trump’s circle, Musk
Visitors Skills List. At the tion trends unfolded against right to disregard the law or tion for the H-1B visa pro- has now somewhat backped-
same time, we highlighted dis- the backdrop of an election act outside the bounds of gram. This comes at a crucial aled his support for the H-1B
crepancies, like the CSPA dis- year. Early on, with the spec- the Constitution and Bill of time, with H-1Bs becoming a program. He states that the
harmony caused by the DOS’s ter of a potential Trump 2.0 Rights. Above all, we reaf- hot topic following Trump’s program needs major reform
failure to align with USCIS. looming on a foggy and un- firmed our commitment to appointment of Siriam Krish- by raising the minimum sal-
When landmark, admin-
istrative-state-dismantling de- certain horizon, we posed a defending immigrants and nan as senior advisor on ar- ary significantly and adding
a yearly fee for maintain the
tificial intelligence. The ap-
upholding the foundational
series of “what ifs”—such as,
cisions emerged from the Su- what if he follows through on principles of the nation. We pointment garnered support H-1B visa making it materially
preme Court in SEC v. Jarkesy his promise to deploy a de- then turned to our ethical ob- from Elon Musk and Vivek more expensive to hire from
and Loper Bright v. Raimon- portation army? Late in the ligations, testing the limits of Ramaswamy but drew back- overseas. Such reforms would
do, we provided in-depth anal- night on the first Tuesday of confidentiality in the face of lash from anti-immigration hurt skilled H-1B workers
ysis on how these cases might
potential demands by law groups within Trump’s MAGA in green card backlogs who
enforcement carrying out faction. Musk has champi- need to constantly renew their
removal orders under oned H-1B visas as pivotal to H-1B visas every three years
the new administration. the success of companies like if the goal posts get shifted at
Additionally, we called SpaceX and Tesla. the time of the next renew-
on the current adminis- Trump’s recent remarks al. Hopefully, Biden’s H-1B
tration to act while still in favor of H-1Bs, claiming Modernization rule should
in office and urged Pres- he’s “a believer in H-1B” and help insulate the program
ident Biden to advance calling it “a great program” from administrative changes
the filing dates in the Jan- he has “used many times,” by the Trump administration.
uary 2025 visa bulletin as mark a notable shift from his Looking ahead, we are
a departing gift to legal 2016 campaign stance. Back committed to navigating the
immigrants. then, he called the program evolving landscape of immigra-
Although the Biden “very bad for workers” and tion law, continuing to advo-
administration disap- suggested it should be ended. cate for justice, and providing
pointingly did not ad- However, a closer look at the our community with the in-
vance the filing dates as visa programs Trump has used sights necessary to thrive in an
we had proposed, the in the past reveals his frequent ever-changing environment.
________________________________________________________________________________________
Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing
Partner of Cyrus D. Mehta & Partners PLLC in New York City. Mr. Mehta is a member of AI-
LA’s Administrative Litigation Task Force; AILA’s EB-5 Committee; former chair of AILA’s Ethics
m of Committee; special counsel on immigration matters to the Departmental Disciplinary Committee,
CYRUS D. MEHTA & PARTNERS PLLC Appellate Division, First Department, New York; member of the ABA Commission on Immigra-
tion; board member of Volunteers for Legal Services and board member of New York Immigration
Coalition. Mr. Mehta is the former chair of the Board of Trustees of the American Immigration

Council and former chair of the Committee on Immigration and Nationality Law of the New
York City Bar Association. He is a frequent speaker and writer on various immigration-related

  issues, including on ethics, and is also an adjunct professor of law at Brooklyn Law School, where
   
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‚   he teaches a course entitled Immigration and Work. Mr. Mehta received the AILA 2018 Edith
Lowenstein Memorial Award for advancing the practice of immigration law and the AILA 2011
Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation
in the immigration field. He has also received two AILA Presidential Commendations in 2010 and
2016. Mr. Mehta is ranked among the most highly regarded lawyers in North America by Who’s
2 6th Floor Who Legal – Corporate Immigration Law 2019 and is also ranked in Chambers USA and Cham-

    bers Global 2019 in immigration law, among other rankings.

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