Immigration Law

Recent Posts

Expert: Houston Chef Hits Trump's "Invisible Wall"
Posted on 8 Jan 2021 by Daniel M. Kowalski

Gabrielle Banks, Houston Chronicle, Jan. 7, 2021 "Every day Chef Sanjay Kumar Kashyap whipped up 30 fresh recipes for a vegetarian Thali-style Indian restaurant in southwest Houston. In a month, he prepared a whopping 900 different curries, dals... Read More

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

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

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

AAO Specialized Knowledge L-1 Victory: SERDES Technology
Posted on 1 Apr 2013 by Daniel M. Kowalski

"Here, the petitioner submitted detailed and credible evidence to demonstrate that the beneficiary possesses special knowledge of the petitioner's SERDES technology and its application in international markets. The petitioner's assertions... Read More

AILA on Interpretation of the Term “Specialized Knowledge” in the Adjudication of L-1B Petitions
Posted on 25 Jan 2012 by Daniel M. Kowalski

"The American Immigration Lawyers Association (AILA) appreciates the ongoing outreach to stakeholders conducted by USCIS in connection with its review of the interpretation of the term “specialized knowledge” and its application in the... Read More

AAO L-1 Specialized Knowledge Victory: Marketing Specialist
Posted on 15 Dec 2013 by Daniel M. Kowalski

"In the present case, the petitioner's claims are based on both prongs of the statutory definition, asserting that the beneficiary has a special knowledge of the company's products and their application in international markets, as well as... Read More

Gaucho Churrasqueiro Chef Position Can Be L-1 Specialized Knowledge: Fogo de Chao v. DHS
Posted on 27 Sep 2016 by Daniel M. Kowalski

Fogo de Chao v. DHS, Sept. 26, 2016 - "...the Court concludes that the record is more than “adequate to support a conclusion” that Fogo’s gaucho churrasqueiro position involves specialized knowledge of Fogo’s product and its... Read More

AAO Specialized Knowledge L-1 Victory: Superplastic Forming
Posted on 1 Apr 2013 by Daniel M. Kowalski

"The petitioner submitted detailed and credible evidence to demonstrate that the beneficiary possesses special knowledge of the company's superforming technologies and products, particularly as it relates to the international rail industry. The... Read More

Off-Message Immigration Bureaucrats Undermine the President's Jobs Push by Refusing L-1 Specialist Visas to Indian Citizens
Posted on 1 Oct 2011 by Daniel M. Kowalski

"The State Department defends its high Indian refusal rate by suggesting that the posts in India receive more L-1B applications and approve more L-1B visas than any other U.S. consulates or embassies worldwide. Neither State nor USCIS has explained... Read More