Immigration Law

Recent Posts

Easing the Guidance Document Dilemma Agency by Agency: Immigration Law and Not Really Binding Rules
Posted on 10 Jan 2014 by Daniel M. Kowalski

"Immigration law relies on rules that bind effectively, but not legally, to adjudicate millions of applications for immigration benefits every year. This article provides a blueprint for immigration law to improve its use of these practically binding... Read More

USCIS on Customer Service
Posted on 26 Aug 2014 by Daniel M. Kowalski

"Prior to the issuance of this guidance, USCIS has not had consolidated guidance defining expectations for customer service. This guidance, contained in Volume 1 of the Policy Manual, is intended to be comprehensive and controlling and replaces the... Read More

Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC
Posted on 22 Jul 2015 by Daniel M. Kowalski

"On April 9, 2015, the precedent decision Matter of Simeio Solutions, LLC (Simeio) was issued. This decision represents the USCIS position that H-1B petitioners are required to file an amended or new petition before placing an H-1B employee at a... Read More

Tags: guidance , H-1B , simeio , USCIS

DOS Cable: New Guidance on H-1B Adjudications Involving Changes in Place of Employment
Posted on 24 Dec 2015 by Daniel M. Kowalski

Department of State, Nov. 30, 2015 - "On April 9, 2015, USCIS' Administrative Appeals Office issued the precedent decision, Matter of Simeio Solutions, LLC, (Simeio), which held that an H-1B petitioner must file an amended or new H-1B petition... Read More

Advance Copy of DOL H-2B Guidance
Posted on 15 May 2012 by Daniel M. Kowalski

"The Department of Labor (the Department) is providing notice of the judicial order enjoining the Department from implementing and enforcing the Temporary Non-agricultural Employment of H-2B Aliens in the United States, published February 21, 2012... Read More

USCIS Policy Memo: Updated Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement
Posted on 26 Jun 2015 by Daniel M. Kowalski

"The purpose of this policy memorandum (PM) is to update the guidance previously provided to U.S. Citizenship and Immigration Services (USCIS) personnel in PM-602-0034: Implementation of the Special Immigrant Juvenile Perez-Olano Settlement Agreement... Read More

OFLC Issues Additional Guidance on H-2Bs, CATA, Surveys
Posted on 28 Jan 2015 by Daniel M. Kowalski

"On Dec. 23, 2014, the Department announced procedures to implement the Court's decision in Comite de Apoyo a los Trabajadores Agricolas et al v. Perez, No. 14-3557 (3rd Cir.Dec. 5, 2014), which were applicable to (1) employers with pending prevailing... Read More

Tags: guidance , DOL , surveys , oflc , cata , spwds , H-2B

OCIJ Issues Friend of Court Guidance Memo re Unaccompanied Minors
Posted on 11 Sep 2014 by Daniel M. Kowalski

The Friend of the Court Model for Unaccompanied Minors in Immigration Proceedings - Office of the Chief Immigration Judge, September 10, 2014 . Read More

Guidance Pertaining to Applicants for Provisional Unlawful Presence Waivers: USCIS
Posted on 24 Jan 2014 by Daniel M. Kowalski

"USCIS officers should review all evidence in the record, including any evidence submitted by the applicant or the attorney of record. If, based on all evidence in the record, it appears that the applicant’s criminal offense: (1) falls within... Read More

Immigration Equality Hails New Government Training Module for LGBTI Asylum Claims
Posted on 24 Jan 2012 by Daniel M. Kowalski

January 24, 2012 Contact: Steve Ralls - (202) 347-7007 / WASHINGTON, DC – "Immigration Equality, a national legal aid and advocacy organization, hailed today’s release of a newly-created training... Read More

Will the New L-1B Guidance Bring Fewer Denials...Or More of the Same? - Gary Endelman & Cyrus D. Mehta
Posted on 6 Apr 2015 by Daniel M. Kowalski

" If there is one visa uniquely suited to advance America’s competitive position in the global marketplace, it is the L-1B intra-company transferee visa for specialized knowledge employees. In an increasingly specialized economy where expertise... Read More

Advance copy of DOL Guidance: H-2B Wage Methodology, Delay of Effective Date
Posted on 29 Dec 2011 by Daniel M. Kowalski

"This Notice provides additional guidance to those employers who have received from the Department either a supplemental or dual prevailing wage determinations based on a previous effective date of the new prevailing wage methodology. This guidance... Read More

Tags: wage , guidance , H-2B

Recent USCIS Policy Manual Updates (July 2015)
Posted on 28 Aug 2015 by Daniel M. Kowalski

POLICY ALERT – Modifications to Oath of Allegiance for Naturalization July 21, 2015 ​U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance to clarify the eligibility requirements for modifications to the Oath of Renunciation... Read More

AILA FOIA Litigation Spurs Issuance of Guidance re Definition of 'Record'
Posted on 11 Jan 2017 by Daniel M. Kowalski

DOJ OIP, Jan. 11, 2017 - "OIP ISSUES NEW GUIDANCE ON THE DEFINITION OF A RECORD AND THE PROCESSING OF RECORDS RESPONSIVE TO A REQUEST One of the first questions that an agency must answer as it begins to process a FOIA request is: “What... Read More

Tags: guidance , FOIA , aila , record

SEVP Policy Guidance (Oct. 28, 2016)
Posted on 29 Oct 2016 by Daniel M. Kowalski

ICE, Oct. 28, 2016 - "This guidance interprets the evidentiary requirements for the Student and Exchange Visitor Program (SEVP) certification of schools that do not meet one of the three requirements in 8 CFR 214.3(b) and (c) to guide SEVP adjudicators... Read More

Tags: guidance , sevp , ICE