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IMMIGRATION FEBRUARY 04, 2022 | The Indian Eye 43

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PotentIal foR erence is current for India unlike the petition, so it should not exist under forts for New Americans, the poli-
neW gReen CaRd employment-based second and third the EB-1A either, or for that matter cy makers at the White House and
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any employment based green card DHS who fashioned these initiatives
preferences for India. Since the evi-
oPPoRtUnItIes dentiary standards for O-1 visas have category. Under the final merits de- should be commended for removing
been broadened in the USCIS Policy termination (see our Curse of Kazari- obstacles for talented noncitizens to
or individuals from many Manual, the same should hold true an blog), the USCIS arbitrarily de- remain and contribute to the US in
countries, the PERM labor
Fcertification process can be for the EB-1A category as the legal nies meritorious EB-1A petitions on the face of inaction by the US Con-
standards for O-1A and EB-1 are the a purely subjective and arbitrary basis gress. This is a good first step but a
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completed for some during their same. In addition, while we applaud even when the petitioner has readily lot more can be done.
time in STEM OPT, allowing them the Biden administration for broad- met 3 or more out of the 10 criteria.
to obtain an employment-based ening the O-1A evidentiary stan- Consistent with this Admin- (This blog is for informational purpos-
green card. Unfortunately, those dards, we urge the administration to istration’s goal of removing bar- es only and should not be viewed as a
born in India or China will not be do away with the final merits analysis riers to legal immigration under substitute for legal advice)

able to benefit from this strategy under EB-1A in addition to broaden- President Biden’s Executive Order Kaitlyn Box graduated with a JD from
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due to enormous green card back- ing the EB-1A evidentiary standards. 14012, Restoring Faith in Our Legal Penn State Law in 2020, and is an As-
logs in the employment-based sec- The final merits analysis rightfully Immigration Systems and Strength- sociate at Cyrus D. Mehta & Partners
ond and employment-based third does not exist for evaluating an O-1A ening Integration and Inclusion Ef- PLLC.
preferences.
However, certain individuals _________________________________________________________________________________________________________
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who were born in India or China with Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
STEM degrees could try to obtain
permanent residence through the Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
employment-based first preference mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
if they demonstrate extraordinary Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
ability under EB-1A classification. of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
Although the DHS has updated its Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
guidance to make it easier for STEM Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
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graduates to obtain permanent resi-
dence through the national interest on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
waiver, this category is of limited use Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
to talented students who were born and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
on your browser and watch IndiaLife TV 24 Hours
in India due to the decade plus long immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
crushing backlogs in the employ- the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
ment-based second preference. in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.
The employment-based first pref-

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