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

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

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

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

THE AAO ON H-1B VISA CREDENTIAL EVALUATIONS AND THE 'THREE-FOR-ONE" RULE
Posted on 27 Feb 2015 by Daniel M. Kowalski

"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... 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

AAO (Published) on 'Material Change,' H-1B - Matter of Simeio Solutions, LLC
Posted on 9 Apr 2015 by Daniel M. Kowalski

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... Read More

New AAO Adopted Decision and USCIS Policy Memo: Matter of A-T- Inc, Adopted Decision 2017-04 (AAO May 23, 2017)
Posted on 31 May 2017 by Daniel M. Kowalski

Matter of A-T- Inc, Adopted Decision 2017-04 (AAO May 23, 2017) - Matter of A-T- Inc clarifies that, in order to qualify for an H-1B numerical cap exemption based upon a master’s or higher degree, the conferring institution must have qualified as... Read More

Michelle S. Velasco: USCIS Questions Bus. Admin. Degrees for H-1B Visas
Posted on 10 Nov 2015 by Daniel M. Kowalski

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... Read More

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta
Posted on 13 Apr 2015 by Daniel M. Kowalski

"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... Read More

AAO on “Physician of National or International Renown" - Matter of T-O-S-U-, Adopted Decision 2017-01 (AAO Jan. 4, 2017)
Posted on 6 Jan 2017 by Daniel M. Kowalski

USCIS, Jan. 4, 2017 - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of T-O-S-U- as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies... Read More

AAO H-1B Victory: Forensic Alcohol Criminalist
Posted on 7 Oct 2013 by Daniel M. Kowalski

Camiel Becker writes: "I am writing to share a recent win I had at the AAO on an H-1B denial . The case involves an in-house Forensic Alcohol Criminalist for a California-based law firm. The California Service Center denied the H-1B petition, inter... Read More