LexisNexis® Legal Newsroom
AAO on CIMT, Maryland Simple Assault

"Although the Hearing Transcript from July 15, 2008 indicates that the applicant's assault was committed against a police officer and that the applicant's actions resulted in scrapes and bruises to the police office, the Hearing Transcript states that the applicant was convicted of a misdemeanor...

Gauchos Skewer AAO: Fogo de Chao v. DHS (L-1B Specialized Knowledge)

"From 1997 to 2006, the Department of Homeland Security granted Fogo de Chao over 200 L-1B visas for its churrasqueiros. In 2010, Fogo de Chao sought to transfer another churrasqueiro chef, Rones Gasparetto, to the United States, reasoning that his distinctive cultural background and extensive experience...

That's One Expensive Cut of Meat

When you pay your bill at a restaurant, you are paying for the food, the employees' wages, the real estate, taxes, and more. But when you settle up at Fogo de Chao, you are also paying for lawyers, judges and bureaucrats to fight over the visa for a chef from Brazil . In 2010 the Brazilian steakhouse...

AAO Launches Online Practice Manual

"The Administrative Appeals Office (AAO) conducts administrative review of U.S. Citizenship and Immigration Services (USCIS) officers’ decisions regarding immigration benefit requests in order to promote consistency and accuracy in the interpretation of immigration law and policy. We have...

AAO U Visa Victory: Texas Robbery a Qualifying Crime

"The evidence in the record establishes that the nature and elements of the criminal offense of which the petitioner was a victim, robbery, are substantially similar to felonious assault under section 101(a)(15)(U)(iii) of the Act. Accordingly, the petitioner has established the requisite victimization...

AAO I-212 Waiver Victory - Houston

"The record ... reflects that the applicant has expressed remorse for her actions and that she has paid taxes on her earnings as a nanny while in the United States. In addition, the applicant submits statements from friends and family describing her good character. The unfavorable factors in this...

News Excerpts From the Feb. 15, 2012, Bender’s Immigration Bulletin

Arizona Must Issue Drivers’ Licenses to DACA Recipients | On January 22, 2015, District Judge David G. Campbell permanently enjoined Arizona from refusing to issue drivers’ licenses to beneficiaries of the Deferred Action for Childhood Arrivals program, finding that the state’s policy...

Pro Bono AAO Hardship 212(i) Waiver Victory; FGM; Cote d'Ivoire

Hats off to Cyrus D. Mehta for this pro bono publico victory: "Here we find that the record establishes that the applicant's spouse will suffer extreme hardship as a consequence of being separated from the applicant. The record shows that the spouse works extensive hours and would likely...

THE AAO ON H-1B VISA CREDENTIAL EVALUATIONS AND THE 'THREE-FOR-ONE" RULE

"As immigration practitioners, we file H-1B visa petitions all the time. We know that in each petition, the employer must demonstrate that the position requires a professional in a specialty occupation and that the foreign national – the intended employee - has the required qualifications...

Florida Stable Sues USCIS Over O-1 Visa Denial

"A popular thoroughbred racehorse trainer has accused the U.S. Citizenship and Immigration Services in a D.C. federal court of engaging in “capricious” and “arbitrary” behavior by denying an assistant trainer an extension of his nonimmigrant worker status after previously...

AAO I-360 Victory: Spouse's Suicide Was Domestic Violence

"On appeal, the petitioner contends that I-A- subjected her to verbal, physical, sexual, and psychological abuse which included repeated threats and graphic descriptions of suicide. The petitioner asserts further that I-A-'s threats to kill himself, the petitioner, and their child played an...

AAO Solicits Amicus Briefs on Standing, AC21, I-140 Beneficiaries

"[T]he AAO seeks amicus briefing on whether the beneficiaries of certain immigrant visa petitions have standing to participate in the administrative adjudication process, including standing to appeal to the AAO (and if so, when, and under what circumstances). Specifically, the AAO seeks briefing...

AAO on Kazarian, EB-1 (Extraordinary Ability)

"The Director, Texas Service Center, denied the employment-based immigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petitioner is a professor and researcher who primarily studies avian brood parasites, i.e., birds...

AAO (Published) on 'Doing Business' - Matter of Leacheng Intl., Inc.

Official Headnotes: (1) The definition of “doing business” at 8 C.F.R. § 204.5(j)(2) (2014) contains no requirement that a petitioner for a multinational manager or executive must provide goods and or services to an unaffiliated third party. (2) A petitioner may establish that it...

AAO (Published) on 204(c) - Matter of Christo's, Inc.

Official Headnotes: (1) An alien who submits false documents representing a nonexistent or fictitious marriage, but who never either entered into or attempted or conspired to enter into a marriage, may intend to evade the immigration laws but is not, by such act alone, considered to have “entered...

AAO (Published) on 'Material Change,' H-1B - Matter of Simeio Solutions, LLC

Official Headnotes: (1) A change in the place of employment of a beneficiary to a geographical area requiring a corresponding Labor Condition Application for Nonimmigrant Workers (“LCA”) be certified to the U.S. Department of Homeland Security with respect to that beneficiary may affect...

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta

"In Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the AAO affirmed the Service Center Director's decision and revoked the petition's approval. Among other things, the Director had concluded that changes in the beneficiary's places of employment constituted a material...

The AAO is Hiring Appeals Officers: $107,325 to $139,523 / Per Year

Short fuse! Application window closes Friday, June 12, 2015. Job Title: APPEALS OFFICER Department: Department of Homeland Security Agency: Citizenship and Immigration Services Job Announcement Number:CIS-PJN-1422318-AAO SALARY RANGE: $107,325.00 to $139,523.00 / Per Year OPEN PERIOD...

Cyrus D. Mehta: Update on Indian Three-Year Degrees and Postgraduate Diplomas

"The greatest bane for green card aspirants with Indian degrees is the uncertainty that they will be recognized as single source degrees. If an Indian degree is recognized as the single source equivalent of a US four-year bachelor’s degree, it can provide the basis for an I-140 immigrant visa...

AAO I-601 Extreme Hardship Victory (Mexico; Detroit)

Hats off to Michael Carlin for this Aug. 24, 2015 AAO victory!

AAO on National Interest Waiver: Matter of H-N-N-B- (Non-Precedent)

"The Petitioner, an individual, seeks classification as a member of the professions holding an advanced degree. See Immigration and Nationality Act (the Act) § 203(b )(2), 8 U.S.C. § 1153(b )(2). The Director, Texas Service Center, denied the immigrant visa petition. The matter is now...

AAO Adopts New Decision Format

USCIS, Sept. 24, 2015 - "The AAO recently adopted a new decision format. You can now cite to our non-precedent decisions using a citation string located at the end of each decision. The citation string uses the initials of the involved party and an individual random ID number that will make each...

USCIS Policy Memo: Initial Field Review of AAO Appeals

USCIS, Nov. 4, 2015 - Initial Field Review of Appeals to the Administrative Appeals Office "This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) provide guidance to employees of U.S. Citizenship and Immigration Services (USCIS) on the proper processing...

Michelle S. Velasco: USCIS Questions Bus. Admin. Degrees for H-1B Visas

Michelle S. Velasco, Nov. 10, 2015 - "Since writing last year on the challenges facing employers who wish to hire H-1B workers for uncommon specialty occupations, we have seen the U.S. Citizenship and Immigration Services (USCIS) present a novel way to push back on H-1B filings: by challenging whether...

AAO 212(h) Hardship Waiver Victory: Matter of D-M-V-, ID# 15302

Matter of D-M-V-, ID# 15302 (AAO Jan. 28, 2016) - "The Applicant was found to be inadmissible to the United States pursuant to section 212(a)(2)(A)(i)(I) of the Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I), for having been convicted of crimes involving moral turpitude. He filed a Form 1-601, Application...