Immigration Law

Recent Posts

No H-1B for Operations and Finance Analyst: Palace Wine & Spirits v. USCIS
Posted on 1 Jun 2012 by Daniel M. Kowalski

"The evidence in the record does not compel findings contrary to those made by USCIS. Noting that the Court may not substitute its judgment for that of USCIS, the Court concludes that USCIS's determination that the Operations and Finance Analyst... Read More

Recruiter Not a 'Specialty Occupation' for H-1B: Health Carousel v. USCIS
Posted on 14 Jan 2014 by Daniel M. Kowalski

"Because the AAO denied Health Carousel's petition on four alternative grounds, Health Carousel can only succeed in its challenge by showing that USCIS abused its discretion with respect to each enumerated ground. Id. at 1037. USCIS must show... Read More

Challenges in Filing H-1B Petitions for Uncommon Specialty Occupations
Posted on 18 Nov 2014 by Daniel M. Kowalski

"[W]hat of the other H-1B occupations? Such uncommon H-1B occupations may include food service managers and music managers, among others. These nontraditional H-1B “specialty occupations” are less often processed by USCIS and often pose... Read More