Immigration Law

Recent Posts

Recent Trends in I-140 RFEs
Posted on 29 Sep 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Sung-Min Baik and Kaitlyn Box, Sept. 28, 2021 "Employers who have filed concurrent “downgrade” I-140 petitions are facing an increasing number of requests for evidence (RFE). These I-140 petitions were concurrently filed... Read More

Tags: rfe

Three New USCIS Policy Updates (June 9, 2021)
Posted on 9 Jun 2021 by Daniel M. Kowalski

USCIS, June 9, 2021 " Expedited Processing Under the updated expedite criteria policy (PDF, 293.62 KB) , benefit requestors and USCIS officers are provided further guidance on when expedited processing may be warranted. Additionally, nonprofit... Read More

Tags: ead , noid , policy memo , rfe , USCIS

New USCIS Policy on RFEs, NOIDs (effective Sept. 11, 2018)
Posted on 14 Jul 2018 by Daniel M. Kowalski

USCIS, July 13, 2018 - "SUBJECT: Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b) Purpose This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration... Read More

Tags: noid , rfe , policy , USCIS

Lawsuit Filed Against CSC to Halt RFE Crisis in I-612 Hardship, Persecution Waivers - Schmitt v. Johnson
Posted on 18 Oct 2016 by Daniel M. Kowalski

Brian Schmitt, Oct. 18, 2016 - "From April 29, 2016 to present, Hake & Schmitt has received 10 hostile and abusive Requests for Evidence (RFEs) in I-612 hardship and persecution waiver applications. All 10 of the RFEs violated USCIS policy on... Read More

Tags: i-612 , waiver , schmitt , csc , hake , rfe , lawsuit

EB-5 Form I-829 RFEs and Denials: New Analysis of What USCIS Looks For
Posted on 25 Nov 2013 by Daniel M. Kowalski

"This article expands on our previous article by analyzing a larger number of more recent cases. As we noted in our last article, “[d]espite cataloguing 167 USCIS responses, our findings [were] simply the tip of the iceberg.” This article... Read More

How Angelo Deals With Bad RFEs
Posted on 30 Jan 2012 by Daniel M. Kowalski

"A roguish, stupid or intellectually dishonest RFE ... will cause me to erupt into silent, internal conniptions (I can't actually shout expletives in my law firm because that would likely create a hostile workplace and trigger multiple unpleasantries... Read More

Tags: paparelli , rfe

How Angelo Deals With Bad RFEs
Posted on 30 Jan 2012 by Daniel M. Kowalski

"A roguish, stupid or intellectually dishonest RFE ... will cause me to erupt into silent, internal conniptions (I can't actually shout expletives in my law firm because that would likely create a hostile workplace and trigger multiple... Read More

Tags: paparelli , rfe

Dr. No vs. the League of Extraordinary Aliens, or Why are Ph.D. STEM O-1s Under Attack?
Posted on 19 May 2014 by Daniel M. Kowalski

"A string of recent O-1 RFEs [Requests for Evidence], and NOIDs [Notices of Intent to Deny] from the USCIS California Service Center reveal a new disturbing trend. The best and brightest, including the very STEM PhDs to whom the Senate and much of... Read More

Tags: dr. no , paparelli , o-1 , rfe , Ph.D. , STEM

Cyrus Mehta: Dealing With the Dreaded RFE – Reflections of an Immigration Lawyer
Posted on 25 Sep 2017 by Daniel M. Kowalski

Cyrus Mehta, Sept. 25, 2017 - " ... An article in Reuters by Yeganeh Torbati entitled “ Trump administration red tape tangles up visas for skilled foreigners, data shows ,” where I have been quoted, brilliantly shines the torch on the... Read More

Tags: mehta , rfe , H-1B , USCIS

USCIS Seeks Feedback on Policy Manual, RFE Templates
Posted on 23 Jan 2013 by Daniel M. Kowalski

" Dear Stakeholder, New documents are now available for your review and comment. Please follow the instructions below for each. New or Revised Policies in the USCIS Policy Manual USCIS seeks your input on the USCIS Policy Manual items listed... 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

L-1A New Office Extension RFE Draft Template for Comment
Posted on 5 Apr 2012 by Daniel M. Kowalski

L-1A New Office Extension RFE Draft Template for Comment - Posted: 04-04-2012; Comment period ends: 05-01-2012. - USCIS, Apr. 4, 2012 . Read More

Tags: l-1a , template , comment , rfe , draft

USCIS Policy Memo on RFEs and NOIDs
Posted on 13 Jun 2013 by Daniel M. Kowalski

"The purpose of this policy memorandum (PM) is to clarify the role of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) in the adjudication of petitions, applications, and other requests. It revises Chapter 10.5(a) of the Adjudicator’s... Read More

Tags: noid , policy memo , rfe , USCIS , AFM

USCIS RFE Templates Up for Comment: E-1, E-2
Posted on 7 Oct 2016 by Daniel M. Kowalski

E-1 Employee of Treaty Trader RFE Template Review period: October 6, 2016 - October 21, 2016 E-1 Treaty Trader RFE Template Review period: October 6, 2016 - October 21, 2016 E-2 Employee of Treaty Investor RFE Template Review period: October 6,... Read More

Tags: e-2 , template , comment , rfe , e-1 , USCIS

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