Immigration Law

Recent Posts

For USCIS, Parole Does Not Mean Parole: Matter of Z-R-Z-C-, Adopted Decision 2020-02 (AAO Aug. 20, 2020)
Posted on 2 Sep 2020 by Daniel M. Kowalski

USICS, Aug. 20, 2020 "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of Z-R-Z-C- as an Adopted Decision. Accordingly, this Adopted Decision shall be used to guide determinations... Read More

Tags: tps , AAO , MTINA , parole , USCIS

New AAO Adopted Decision: Matter of F-M- Co.
Posted on 13 May 2020 by Daniel M. Kowalski

USCIS, May 5, 2020 "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of F-M- Co. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies... Read More

Tags: AAO , USCIS

USCIS Is Hiding Damaging Changes Behind Its Motions and Appeals Form Proposal
Posted on 11 Feb 2020 by Daniel M. Kowalski

Leslie Dellon, Feb. 6, 2020 "U.S. Citizenship and Immigration Services (USCIS) recently proposed changes to how the agency will review certain denials of immigration benefits. The changes will apply to its Form I-290B , Notice of Appeal or Motion... Read More

Tags: AAO , Appeals , USCIS

Experts: Will the AAO Resist Trump on Erroneous H-1B Denials?
Posted on 18 Oct 2019 by Daniel M. Kowalski

Sinduja Rangarajan, Mother Jones, Oct. 17, 2019 "Since 2017, as part of its efforts to “hire American,” the Trump administration has been aggressively denying applications for H-1B visas. Yet a record number of those denials have been... Read More

Tags: AAO , H-1B , USCIS , expert , yale-loehr

USCIS Issues Three AAO Adopted Decisions on SIJ Classification
Posted on 15 Oct 2019 by Daniel M. Kowalski

USCIS, Oct. 15, 2019 "U.S. Citizenship and Immigration Services today clarified requirements regarding the Special Immigrant Juvenile (SIJ) classification. To ensure consistency surrounding this classification, USCIS is issuing three Administrative... Read More

Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019)
Posted on 2 Aug 2019 by Daniel M. Kowalski

Matter of H-G-G-, Adopted Decision 2019-01 (AAO July 31, 2019) For purposes of adjustment of status under section 245 of the Act, a recipient of Temporary Protected Status (TPS) is considered as being in and maintaining lawful status as a nonimmigrant... Read More

AAO Grants T Visa Appeal About Presence “On Account of” Trafficking
Posted on 8 Apr 2019 by Daniel M. Kowalski

Matthew Hoppock, Apr. 7, 2019 "After an informal policy shift last year led the USCIS to start denying human trafficking visas by misreading the statutory text, creating a requirement that never existed before, we’ve won our first appeal... Read More

Why Matter of R-C-C-S-D- Matters
Posted on 30 Oct 2016 by Daniel M. Kowalski

Jennifer Casey writes : "A reading of the statutory and regulatory requirements for a Q-1 cultural exchange program would suggest that many, if not most, language immersion schools should easily qualify for Q-1 designation. However, over the last... Read More

Tags: q-1 , AAO , language , USCIS

Search Function Added for AAO Non-Precedent Decisions
Posted on 5 Apr 2016 by Daniel M. Kowalski

USCIS E-Mail to stakeholders, Apr. 4, 2016 - "The Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services (USCIS) has launched a search tool for most non-precedent decisions since 2005. Non-precedent decisions apply existing... Read More

Tags: AAO , search

AAO Adopted Decision, Matter of S-P-, Inc.
Posted on 22 Mar 2018 by Daniel M. Kowalski

Matter of S-P-, Inc., Adopted Decision 2018-01 (AAO Mar. 19, 2018) - "A beneficiary who worked abroad for a qualifying multinational organization for at least one year, but left its employ for a period of more than two years after being admitted... Read More

Matter of V-S-G- Inc., Adopted Decision 2017-06 (AAO Nov. 11, 2017)
Posted on 16 Nov 2017 by Daniel M. Kowalski

Here is a link to Matter of V-S-G-, Inc. , and here is a link to the USCIS Policy Memo . Nutshell: "Matter of V-S-G- Inc. clarifies that beneficiaries of valid employment-based immigrant visa petitions who are eligible to change jobs or employers... Read More

The AAO Finds That Entry Level Wages Do Not Automatically Preclude H-1B Visa Classification - Cyrus D. Mehta & Sophia Genovese
Posted on 6 Feb 2018 by Daniel M. Kowalski

Cyrus D. Mehta & Sophia Genovese, Feb. 6, 2018 - " As we have previously blogged , many of the Requests for Evidence (RFEs) issued to petitions filed under the FY 2018 H-1B visa lottery objected to the H-1B worker being paid an entry level wage... Read More

Tags: wage , mehta , AAO , H-1B , entry level

Two New AAO I-601 Hardship Waiver Victories
Posted on 16 Nov 2017 by Daniel M. Kowalski

Alan Lee writes : "The law firm won two recent non-precedential decisions at the U.S.C.I.S. Administrative Appeals Office which sided with us in our appeals of I-601 denials. An I-601 approval is required to waive grounds of inadmissibility, which... Read More

Tags: lee , waiver , AAO , hardship , China

AAO Overturns Termination of EB-5 Regional Center: Matter of P.A.S., LLC, ID# 513109 (AAO Dec. 21, 2017)
Posted on 21 Dec 2017 by Daniel M. Kowalski

Matter of P.A.S., LLC, ID# 513109 (AAO Dec. 21, 2017) - "We find that the positive indicia here outweigh the negative and, thus, conclude that the Applicant continues to promote economic growth and warrants preservation of its regional center designation... Read More

Matter of G- Inc.: Clarifying the Role of the Function Manager Under the L-1 Visa
Posted on 20 Nov 2017 by Daniel M. Kowalski

Cyrus D. Mehta and Sophia Genovese, Nov. 20, 2017 - "The Administrative Appeals Office (AAO) recently adopted a decision, Matter of G- Inc ., Adopted Decision 2017-05 (AAO Nov. 8, 2017), providing important guidance to U.S. employers who transfer... Read More