Immigration Law

Recent Posts

On Fashion Models and Scientists: The EB-1 'Extraordinary Ability' Green Card Category
Posted on 4 Mar 2018 by Daniel M. Kowalski

Miriam Jordan, New York Times, Mar. 3, 2018 - "The “extraordinary ability” immigrant visa category is one of the few visas for which an applicant does not require an employer or family sponsor. Only 5,530 people received a green card... Read More

USCIS Final Rule: Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
Posted on 18 Nov 2016 by Daniel M. Kowalski

USCIS, Nov. 18, 2016 - "The Department of Homeland Security (DHS) is amending its regulations related to certain employment-based immigrant and nonimmigrant visa programs. Specifically, the final rule provides various benefits to participants in... Read More

USCIS Proposed Rule: Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
Posted on 31 Dec 2015 by Daniel M. Kowalski

Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 - "The Department of Homeland Security (DHS) is proposing to amend its regulations related to certain employment-based immigrant and nonimmigrant visa programs. The proposed amendments... Read More

Melania Trump Claims 2001 Green Card Via EB-1 'Extraordinary Ability' Path
Posted on 15 Sep 2016 by Daniel M. Kowalski

Politico, Sept. 14, 2016 - "Melania Trump has published a letter from an attorney [ Michael J. Wildes ] who says he reviewed her immigration history and that she entered the country for the first time in 1996 and complied with all visa laws. "I... Read More

Advance Copy of USCIS Proposed Rule: Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers
Posted on 30 Dec 2015 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 12/31/2015 - "The Department of Homeland Security (DHS) is proposing to amend its regulations related to certain employment-based immigrant and nonimmigrant visa programs. The... Read More

The EB-1 'Extraordinary Ability' Green Card: Subjective, Difficult
Posted on 17 Jul 2014 by Daniel M. Kowalski

"Legal experts say that ever since the EB-1 program was implemented in 1990, there has been confusion about what qualifies as "extraordinary" or "outstanding." In a 2010 paper, immigration lawyers Chris Gafner of New York City... Read More

No Longer So Fast! EB-1 Retrogression For Indian- And Chinese-Born Foreign Nationals: Cyrus D. Mehta and Anand G. Sinha
Posted on 18 Jul 2016 by Daniel M. Kowalski

Cyrus D. Mehta and Anand G. Sinha, July 18, 2016 - "One does not need a degree in public policy or law to understand the basic premise behind the concept that the United States ought to make the attraction of the best and brightest individuals a... Read More

AAO on Kazarian, EB-1 (Extraordinary Ability)
Posted on 7 Apr 2015 by Daniel M. Kowalski

"The Director, Texas Service Center, denied the employment-based immigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petitioner is a professor and researcher who... Read More

Advance Copy of USCIS Final Rule: Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants
Posted on 13 Jan 2016 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 01/15/2016 - "In this final rule, the Department of Homeland Security (DHS) is revising its regulations affecting: highly skilled workers in the nonimmigrant classifications for... Read More

Tags: H-1B1 , eb-1 , final rule , USCIS , e-3 , cw-1

DHS to Roll Out New Regs to Benefit Some H-1B Spouses and Skilled Workers
Posted on 7 May 2014 by Daniel M. Kowalski

"[T]he Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups... Read More

Advance Copy of Proposed Rule: Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants
Posted on 9 May 2014 by Daniel M. Kowalski

"The Department of Homeland Security (DHS) proposes to update the regulations to include nonimmigrant high-skilled specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E-3) in the list of classes of aliens authorized... Read More

EB-1 AAO Victory - Matter of A-A- LLC, ID# 17487, July 8, 2016
Posted on 15 Jul 2016 by Daniel M. Kowalski

Camiel Becker writes: "Attached is a redacted copy of new AAO decision issued on July 8, 2016 . The brief on appeal was primarily written by our associate Emily Wilson, although I was attorney of record and also worked on the appeal. Emily's... Read More

Tags: becker , a-a- , executive , AAO , eb-1 , wilson , 17487 , i-140

Jan H. Brown on EB-1 Performers
Posted on 5 May 2013 by Daniel M. Kowalski

"Remember, it is easier if the person is a big fish in a small pond to establish extraordinary ability than it is for a smaller fish in a bigger pond. Each field of specialization is its own universe." - Jan H. Brown, May 5, 2013 . Read More

Tags: brown , eb-1 , performers

Advance Copy of USCIS Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Final Rule
Posted on 17 Nov 2016 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 11/18/2016 - "The Department of Homeland Security (DHS) is amending its regulations related to certain employment-based immigrant and nonimmigrant visa programs. Specifically,... Read More

USCIS Proposed Rule: Enhancing Opportunities for H–1B1, CW–1, and E–3 Nonimmigrants and EB–1 Immigrants
Posted on 12 May 2014 by Daniel M. Kowalski

"The Department of Homeland Security (DHS) proposes to update the regulations to include nonimmigrant high-skilled specialty occupation professionals from Chile and Singapore (H–1B1) and from Australia (E–3) in the list of classes of... Read More