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Immigration Law

AAO Adopted Decision: Matter of I- Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017)

Matter of I- Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017) - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of I- Corp. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all U.S. Citizenship and Immigration Services (USCIS) employees. USCIS personnel are directed to follow the reasoning in this decision in similar cases.

Matter of I- Corp. clarifies that USCIS cannot approve a visa petition that is based on an illegal or otherwise invalid employment agreement. To prevent a potential conflict with the Fair Labor Standards Act, USCIS must ensure that a beneficiary will not be paid a wage that is less than the minimum required wage under state or Federal law, whichever is higher, before approving an employment-based visa petition."