Immigration Law

Recent Posts

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

AAO on 'Function Manager' - Matter of G-, Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017)
Posted on 10 Nov 2017 by Daniel M. Kowalski

USCIS Policy Memo PM-602-0148, Nov. 8, 2017 - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of G- Inc. as an Adopted Decision. Accordingly, this adopted decision establishes policy... Read More

AAO on H-1B, Entry Level, Level 1 Wage (Jan. 25, 2018)
Posted on 25 Jan 2018 by Daniel M. Kowalski

Two new decisions today, Jan. 25, 2018: Matter of B-C-, Inc., ID# 1139516 (AAO Jan. 25, 2018) Matter of G-J-S-USA, Inc., ID# 1182139 (AAO Jan. 25, 2018) Read More

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

Breakthrough in Matter of V-S-G- Inc.: AC21 Beneficiaries Given Opportunity to Be Heard When I-140 is Revoked
Posted on 27 Nov 2017 by Daniel M. Kowalski

Cyrus Mehta, Nov. 27, 2017 - "The law generally recognizes that petitioners control their visa petitions. See 8 CFR 103.2(a)(3). A beneficiary cannot force a petitioner to pursue or maintain a visa petition. Therefore, USCIS communicates only with... Read More

Tags: mehta , AAO , i-140 , v-s-g-

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

News Excerpts From the Feb. 15, 2012, Bender’s Immigration Bulletin
Posted on 9 Feb 2015 by LexisNexis Legal Newsroom Staff

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... Read More

AAO Adopted Decision, Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018)
Posted on 29 Mar 2018 by Daniel M. Kowalski

Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018) - "“Related entities” include petitioners, whether or not related through corporate ownership and control, that file cap-subject H-1B petitions for the same beneficiary for... 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