Immigration Law

Recent Posts

Cyrus Mehta on Fogo de Chao v. DHS: A Significant Decision for L-1B Specialized Foreign Chefs and Beyond
Posted on 27 Oct 2014 by Daniel M. Kowalski

"On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit in Fogo de Chao v. DHS , No. 13-5301, skewered the USCIS for denying the L-1B visa to a Brazilian churrasqueiro or gaucho chef. ... Although Fogo applied... Read More

That's One Expensive Cut of Meat
Posted on 27 Oct 2014 by Daniel M. Kowalski

When you pay your bill at a restaurant, you are paying for the food, the employees' wages, the real estate, taxes, and more. But when you settle up at Fogo de Chao, you are also paying for lawyers, judges and bureaucrats to fight over the visa for... Read More

Angelo Paparelli on Fogo de Chao v. DHS: Immigration 'Fire on the Ground' - What's Next for the L-1B Visa?
Posted on 27 Oct 2014 by Daniel M. Kowalski

"At first blush, the decision could be seen as limited to its unusual facts. A two-judge majority remanded the case to USCIS because the AAO categorically refused to consider whether culturally acquired knowledge could be treated as “specialized”... Read More

Immigration Howling, Hope, Hype and Hodgepodge: USCIS’s New L-1B Memo - Angelo A. Paparelli
Posted on 9 Apr 2015 by Daniel M. Kowalski

"Social media flamed with expressions of outrage, relief and tepid optimism ever since President Obama announced on March 23, 2015 the release of long-awaited policy guidance on a key temporary worker visa category: Today, I’m pleased to... Read More

Tags: l-1b , paparelli , memo

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

Gauchos Skewer AAO: Fogo de Chao v. DHS (L-1B Specialized Knowledge)
Posted on 22 Oct 2014 by Daniel M. Kowalski

"From 1997 to 2006, the Department of Homeland Security granted Fogo de Chao over 200 L-1B visas for its churrasqueiros. In 2010, Fogo de Chao sought to transfer another churrasqueiro chef, Rones Gasparetto, to the United States, reasoning that his... Read More

USCIS L-1B RFE Draft Template Open for Comment
Posted on 17 Jul 2015 by Daniel M. Kowalski

"This RFE template reflects the March 24, 2015 version of the L-1B Adjudications Policy Memorandum (PM-602-0111). Stakeholder feedback on the memo is under review by USCIS. The final version of this template will reflect the final version of the... Read More

Tags: l-1b , template , comment , rfe , draft , USCIS

CISOMB telecon on L-1B "Specialized Knowledge" Worker Petitions, Feb. 7th
Posted on 22 Jan 2012 by Daniel M. Kowalski

The Adjudication of L-1B "Specialized Knowledge" Worker Petitions: How Is It Working for You ? Tuesday, February 7, 2012 2:00 - 3:00 p.m. EST This teleconference presents an opportunity to learn about the experiences of employers ... Read More

Concerns Over L-1B Adjudications: Video
Posted on 9 Oct 2013 by Daniel M. Kowalski

"To help with potential challenges to L-1 adjudications, AILA president Doug Stump asks that examples be sent to" - AILA YouTube Quicktake, Oct. 9, 2013 . Read More

Tags: l-1b , aila , video , stump

L-1B Adjudications Policy - USCIS Policy Memo, Aug. 17, 2015
Posted on 18 Aug 2015 by Daniel M. Kowalski

"This policy memorandum provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess “specialized knowledge” from their foreign operations to their operations... Read More

New L-1B Visa Guidance to be Released Soon: Obama
Posted on 24 Mar 2015 by Daniel M. Kowalski

"President Barack Obama on Monday announced that a long-awaited update for L-1B visas — which allow companies to temporarily transfer skilled foreign workers to the U.S. — is soon on its way, and he also unveiled new tools for foreign... Read More

Tags: l-1b , guidance

Why Are L-1B Denial Rates Higher for India? - Cyrus D. Mehta
Posted on 23 Mar 2015 by Daniel M. Kowalski

" A study issued by the National Foundation For American Policy confirms what we attorneys who work in the trenches have feared most. It was already been assumed that an L-1B case for an Indian national will face much higher scrutiny, and one was... Read More

Tags: l-1b , mehta , India

USCIS Posts Updated L-1B Adjudications Policy for Public Feedback
Posted on 25 Mar 2015 by Daniel M. Kowalski

"U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez today announced the release of an updated policy memorandum on the L-1B nonimmigrant visa classification for workers with specialized knowledge . The memorandum... Read More

US Chamber Says USCIS Jumping Gun On L-1B Templates - Law360
Posted on 4 Aug 2015 by Daniel M. Kowalski

Law360, Aug. 3, 2015 - "The U.S. Chamber of Commerce told the U.S. Citizenship and Immigration Services on Friday that it was “disappointed” that the agency released a draft template on applications for L-1B visa petitions before a new... Read More