Immigration Law

Recent Posts

AAO Religious Worker Victory: Matter of I-S-O-A-, Inc.
Posted on 16 Mar 2016 by Daniel M. Kowalski

Matter of I-S-O-A-, Inc., ID# 13560 (AAO Mar. 9, 2016) - "[N]otwithstanding the regulation at 8 C.F.R. 204.5(m)(4) and (11) as currently written, in accordance with the Policy Memorandum, we find that the Petitioner has established that the Beneficiary... Read More

Special Immigrant Religious Worker Regs Ultra Vires: Passionists & Ocampo v. Johnson
Posted on 7 Feb 2015 by Daniel M. Kowalski

"The precise question presented in this case is whether the statute that Congress enacted, which defines the class of immigrants who are eligible for a special immigrant religious worker visa, excludes individuals seeking to qualify based on work... Read More

8 CFR 204.5(m)(4) and (11) Ultra Vires: Shalom Pentecostal Church v. Beers
Posted on 16 Sep 2013 by Daniel M. Kowalski

"Because the Regulation is ultra vires, Plaintiffs’ motion for summary judgment is GRANTED to the extent it seeks to strike 8 C.F.R. §§ 204.5(m)(4) and (11). ... Here, Defendants’ sole basis for denial of the petition was the... Read More

USCIS Policy Memo: Qualifying U.S. Work Experience for Special Immigrant Religious Workers
Posted on 14 Jul 2015 by Daniel M. Kowalski

"On April 7, 2015, the U.S. Court of Appeals for the Third Circuit, in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), found the regulatory requirements that qualifying work experience gained in the United States must... Read More