Immigration Law

Recent Posts

USCIS Updates Guidance for O-1 Petitions with a Focus on STEM Fields
Posted on 22 Jul 2022 by Daniel M. Kowalski

USCIS, July 22, 2022 "U.S. Citizenship and Immigration Services today updated its Policy Manual to provide further guidance on evidence that can be used to support a petition for an O-1A nonimmigrant of extraordinary ability with a focus on science... Read More

Extraordinary Ability Policy Alert (Mar. 23, 2022)
Posted on 23 Mar 2022 by Daniel M. Kowalski

USCIS, Mar. 23, 2022 - Qualifying Published Material and Scope of Leading or Critical Role in Extraordinary Ability and Outstanding Professor or Researcher Visa Classifications "USCIS is updating its guidance about two evidentiary criteria relating... Read More

Amin v. Mayorkas: Fifth Circuit Denies EB-1 Extraordinary Ability Petition Even Though Petitioner Met Three Out of Ten Regulatory Criteria
Posted on 31 Jan 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Jessica Paszko, Jan. 31, 2022 "Establishing extraordinary ability under the employment-based first preference (EB-1) visa category is neither an easy nor straightforward feat. In 2010, Kazarian v. USCIS , 596 F.3d 1115 (9th Cir... Read More

USCIS Provides Clarifying Guidance for O-1 Petitions with a Focus on STEM Fields
Posted on 22 Jan 2022 by Daniel M. Kowalski

USCIS, Jan. 22, 2022 "U.S. Citizenship and Immigration Services today issued policy guidance clarifying how it evaluates evidence to determine eligibility for O-1A nonimmigrants of extraordinary ability, with a focus on petitions filed for individuals... Read More

EB-1 Extraordinary Ability Victory: Berardo v. USCIS
Posted on 26 Oct 2020 by Daniel M. Kowalski

Berardo v. USCIS "[T]he Court finds that USCIS’s evaluation of the evidence here was arbitrary and capricious, an abuse of discretion, and not in accordance with the law. From the initial denial to the final denial, the outcome of Berardo’s... Read More

Expert: "Too Bad" it Takes Litigation to Get a Visa
Posted on 28 Feb 2020 by Daniel M. Kowalski

Sinduja Rangarajan, Mother Jones, Feb. 27, 2020 "The EB-1 green card is meant to be a fast track to residency status for “aliens of extraordinary ability” who are on the top of their fields. It has been issued to Nobel Prize winners... Read More

USCIS Denies Green Card to World-Class Coach
Posted on 18 Feb 2020 by Daniel M. Kowalski

Miriam Jordan, New York Times, Feb. 18, 2020 "For the past three years, Henrique “Hicu” Motta, a rowing coach, has created unlikely success stories in a sport long associated with the privileged. He has taken his team of high school... Read More

Isn't Being Extraordinary More Than Enough?
Posted on 5 Dec 2019 by Daniel M. Kowalski

Cyrus Mehta and Patrick Matutina, Dec. 4, 2019 "We have previously blogged regarding The Curse of Kazarian v. USCIS in Extraordinary Ability Adjudications Under the Employment-Based First Preference. Kazarian v. USCIS , 596 F.3d 1115 (9th Cir.... Read More

The Curse of Kazarian v. USCIS in Extraordinary Ability Adjudications Under the Employment-Based First Preference - Cyrus Mehta
Posted on 18 Dec 2018 by Daniel M. Kowalski

Cyrus Mehta, Dec. 17, 2018 - "When Kazarian v. USCIS , 596 F.3d 1115 (9th Cir. 2010), was first decided, it was received with much jubilation as it was thought that the standards for establishing extraordinary ability would be more straightforward... 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

Athlete Is Short of ‘Extraordinary’ in Visa Bid
Posted on 17 Nov 2012 by Daniel M. Kowalski

"An immigration case involving an Iranian table tennis player has raised question about exactly what status an international athlete must achieve before being granted preferential entry into the United States. Is it enough to be the best in your... 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

To Get Green Cards, These Immigrants Must Prove They Are Extraordinary
Posted on 20 Apr 2013 by Daniel M. Kowalski

"One is a federal scientist with a Harvard pedigree and a body of ground-breaking research. The other is a burlesque performer with the looks of Rita Hayworth and a ground-shaking shimmy. Both women have been deemed “aliens of extraordinary... Read More

Canadian Pin-Up Model Wins 'Extraordinary Ability' Green Card for Burlesque
Posted on 10 Oct 2012 by Daniel M. Kowalski

"The world of burlesque has become even more noteworthy, thanks to iconic pin-up model Bettina May . May, a Monday favourite and creator of Victoria’s first two neo-burlesque troupes, the BettiLu Bombshells and the group now known as the Cheesecake... Read More

CA9 on 'extraordinary ability' - Rijal v. USCIS (mere success is not enough)
Posted on 14 Jun 2012 by Daniel M. Kowalski

"Anil Rijal appeals the district court’s grant of summary judgment in favor of the United States Citizenship and Immigration Services, affirming the denial of his petition for an immigration visa preference as an alien of “extraordinary... Read More