Immigration Law

Recent Posts

New Law Increases H-1B and L-1 Petition Fees: USCIS
Posted on 13 Jan 2016 by Daniel M. Kowalski

USCIS, Jan. 12, 2016 - "The Consolidated Appropriations Act, 2016 (Public Law 114-113), signed into law by President Obama on December 18, 2015, increases fees for certain H-1B and L-1 petitioners. These petitioners must submit an additional fee... Read More

AILA on Interpretation of the Term “Specialized Knowledge” in the Adjudication of L-1B Petitions
Posted on 25 Jan 2012 by Daniel M. Kowalski

"The American Immigration Lawyers Association (AILA) appreciates the ongoing outreach to stakeholders conducted by USCIS in connection with its review of the interpretation of the term “specialized knowledge” and its application in the... Read More

New Research Finds Soaring Denial Rates for L-1 and H-1B Petitions
Posted on 9 Feb 2012 by Daniel M. Kowalski

"Analysis of new data obtained from U.S. Citizenship and Immigration Services (USCIS) reveals the agency has dramatically increased denials of L-1 and H-1B petitions over the past four years, harming the competitiveness of U.S. employers and encouraging... Read More

Tags: denial rates , L-1 , H-1B

AAO L-1 Specialized Knowledge Victory: Marketing Specialist
Posted on 15 Dec 2013 by Daniel M. Kowalski

"In the present case, the petitioner's claims are based on both prongs of the statutory definition, asserting that the beneficiary has a special knowledge of the company's products and their application in international markets, as well as... Read More

Gaucho Churrasqueiro Chef Position Can Be L-1 Specialized Knowledge: Fogo de Chao v. DHS
Posted on 27 Sep 2016 by Daniel M. Kowalski

Fogo de Chao v. DHS, Sept. 26, 2016 - "...the Court concludes that the record is more than “adequate to support a conclusion” that Fogo’s gaucho churrasqueiro position involves specialized knowledge of Fogo’s product and its... Read More

CBP Standards for Accepting and Adjudicating I-129 Petitions for L-1 Intracompany Transferee Petitions for Canadian Citizens under the North American Free Trade Agreement (NAFTA)
Posted on 16 Jan 2012 by Daniel M. Kowalski

CBP Standards for Accepting and Adjudicating I-129 Petitions for L-1 Intracompany Transferee Petitions for Canadian Citizens under the North American Free Trade Agreement (NAFTA) - CBP, Jan. 3, 2012 . Read More

Tags: I-129 , L-1 , cbp , NAFTA

CBP Launches 'Optimized Processing' for First-Time Canadian TNs, L-1s at 14 Select POEs
Posted on 16 Sep 2014 by Daniel M. Kowalski

"Beginning in mid-September, U.S. Customs and Border Protection (CBP) is optimizing processing for first-time Canadian TN and L applicants seeking entry into the United States under NAFTA. CBP has designated ports of entry that will ensure a more... Read More

Tags: poe , optimized , tn , L-1 , cbp , canadian

AAO 'Doing Business' L-1 Victory
Posted on 7 Apr 2014 by Daniel M. Kowalski

Alan Lee writes: "The attached unpublished decision of the AAO involves the interpretation of the words “doing business” in an I-140 EB-1C multinational executive/managerial petition where the U. S. petitioner’s evidence of such... Read More

Tags: lee , doing business , L-1 , AAO

The H-1B and L-1 Punitive Super Fee Rears its Ugly Head Again - Cyrus D. Mehta, Michelle S. Velasco
Posted on 17 Jan 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Michelle S. Velasco, Jan. 16, 2016 - "USCIS has yet to revise the Form I-129 and Form I-129S. Outside of this announcement there are no other instructions on the USCIS website, and its page on H and L filing fees has not been updated... Read More

Tags: L-1 , mehta , velasco , H-1B , super fee

AAO Specialized Knowledge L-1 Victory: SERDES Technology
Posted on 1 Apr 2013 by Daniel M. Kowalski

"Here, the petitioner submitted detailed and credible evidence to demonstrate that the beneficiary possesses special knowledge of the petitioner's SERDES technology and its application in international markets. The petitioner's assertions... Read More

USCIS Teleconference, Apr. 24, 2014: Administrative Site Visit and Verification Program for L1 Visas
Posted on 19 Apr 2014 by Daniel M. Kowalski

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Thursday, April 24, 2014, from 2 p.m. to 3:30 p.m. (Eastern) to discuss the extension of the Administrative Site Visit and Verification... Read More

Draft RFE template for comment: I-129 L-1 Intracompany Transferees: Qualifying Relationship/Ownership and Control/Doing Business
Posted on 15 Dec 2011 by Daniel M. Kowalski

REQUEST FOR EVIDENCE - DRAFT TEMPLATE FOR COMMENT I-129 L-1 Intracompany Transferees: Qualifying Relationship/Ownership and Control/Doing Business Posted: 12-15-2011; Comment Period Ends: 01-05-2012 - USCIS Read More

AAO Specialized Knowledge L-1 Victory: Superplastic Forming
Posted on 1 Apr 2013 by Daniel M. Kowalski

"The petitioner submitted detailed and credible evidence to demonstrate that the beneficiary possesses special knowledge of the company's superforming technologies and products, particularly as it relates to the international rail industry. The... Read More

Three new Draft L-1 RFE templates for comment
Posted on 6 Jan 2012 by Daniel M. Kowalski

REQUEST FOR EVIDENCE - I-129 L-1 Intracompany Transferees - DRAFT TEMPLATE[S] FOR COMMENT - Posted: 01-05-2012 - Comment Period Ends: 02-03-2012 Blanket Petition L-1A New Office (First Year) L-1A Manager or Executive [All posted by USCIS on... Read More

The L-1 Intracompany Transferee Visa Facing Attack from All Branches of the Federal Government: Angelo A. Paparelli
Posted on 23 Sep 2013 by Daniel M. Kowalski

Part I : "The L-1 — a veritable Clydesdale of work visas — allows executives, managers and employees with specialized knowledge, gained at an overseas affiliate, subsidiary or parent, to enter the U.S. and work in a comparable capacity... Read More

Tags: paparelli , L-1 , visa