Immigration Law

Recent Posts

U.S.-Canada Visa and Immigration Information-Sharing Agreement
Posted on 9 Jan 2013 by Daniel M. Kowalski

"U.S. Ambassador to Canada David Jacobson and the Canadian Minister of Citizenship, Immigration and Multiculturalism Jason Kenney signed a U.S.-Canada Visa and Immigration Information-Sharing Agreement on December 13, 2012. This agreement will enable... Read More

DOS Final Rule: Visa Fee Change
Posted on 31 Dec 2014 by Daniel M. Kowalski

"The Department of State amends the Schedule of Fees for Consular Services (Schedule) for visa fees. More specifically, the rule amends the Border Crossing Card fee paid by a Mexican citizen under age 15 whose parent or guardian has applied or is... Read More

Tags: dos , fees , visa , final rule

President Signs S.2195 into law: P.L. 113-100 (Visa Limitation for Certain Representatives to the U.N.)
Posted on 22 Apr 2014 by Daniel M. Kowalski

A bill to deny admission to the United States to any representative to the United Nations who has been found to have been engaged in espionage activities or a terrorist activity against the United States and poses a threat to United States national security... Read More

Parallel Proposed Rules from DOS, CBP re Waiver of Passport, Visa Requirments
Posted on 8 Mar 2016 by Daniel M. Kowalski

Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 - "This rule proposes to reinstate a 1996 amendment to a regulation in title 8 of the Code of Federal Regulations regarding a discretionary waiver of certain documentary requirements for... Read More

Indian Physicians Victims of Epidemic J-1 Visa Denials at American Consulates in India
Posted on 8 Jun 2012 by Daniel M. Kowalski

Jan Pederson writes: "There have been credible reports that dozens of Indian physicians who have been accepted into medical residency programs in the United States to begin on July 1, 2012, are being denied J-1 visas to return to the United States... Read More

CA9 on EB-3 Visa Recapture: Li v. Kerry
Posted on 20 Mar 2013 by Daniel M. Kowalski

"Plaintiffs allege that Defendants misallocated immigrant visas to eligible applicants in the employment-based third preference category (EB-3) during the 2008 and 2009 fiscal years. Plaintiffs request that visa numbers be made available to them... Read More

DHS: Implementation of Supreme Court Ruling on DOMA
Posted on 2 Jul 2013 by Daniel M. Kowalski

"Statement from Secretary of Homeland Security Janet Napolitano: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments... Read More

P-1 Athletic Visas for Pro Gamers for 5 Years? Score!
Posted on 14 Dec 2013 by Daniel M. Kowalski

"On the heels of the P-1 visas granted to Riot Games’ video game players over the summer, I was immediately approached by two (2) South Korean video game players, or “gamers”, as they are called in the electronic sports (eSports... Read More

Unpub. BIA Visa Petition Victory: MTF Transgender Married to USC Male
Posted on 7 Feb 2012 by Daniel M. Kowalski

"Having considered the unique circumstances of this case, we find that, while it does not mirror the factual scenario of Matter of Lovo , supra, it is a variation of our finding in that case. ... [W]e find that the petitioner and the beneficiary... Read More

Narrow FOIA Victory Against DOS in D.C.
Posted on 25 Feb 2013 by Daniel M. Kowalski

"Section 1202(f) cannot be extended to cover materials unrelated to a visa issuance or denial simply because those documents are contained in a database among other documents that may pertain to visa issuances and denials. ... Here, the Department... Read More

Tags: dos , FOIA , visa , database

Historic U.S.-Russia Visa Agreement Enters Into Force September 9, 2012
Posted on 30 Aug 2012 by Daniel M. Kowalski

"The U.S. Embassy in Moscow is pleased to announce that the historic U.S.-Russia visa agreement will enter into effect September 9, 2012. The agreement will facilitate travel and establish stronger ties between Russia and the United States... Read More

Tags: visa , Russia

Ducati Motocycle Mechanic Not Extraordinary Enough for O-1 Visa: Pellizzari v. Zuchowski
Posted on 12 Feb 2016 by Daniel M. Kowalski

Pellizzari v. Zuchowski, Feb. 8, 2016 - "MM filed a form I-129 petition with USCIS on behalf of Plaintiff, seeking to classify Plaintiff as an O-1 nonimmigrant alien of extraordinary ability to work as a Ducati Master Technician. ... Plaintiff does... Read More

Tags: mechanic , o-1 , ducati , visa

DOS Interim Final Rule: Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates - Visa and Citizenship Services Fee Changes
Posted on 28 Aug 2014 by Daniel M. Kowalski

"The Department of State amends the Schedule of Fees for Consular Services (Schedule) for certain nonimmigrant visa application processing fees, certain immigrant visa application processing and special visa services fees, and certain citizenship... Read More

Unpub. BIA Visa Petition Victory: Bona Fide Marriage
Posted on 13 Nov 2012 by Daniel M. Kowalski

"We have reviewed the record of proceedings, including the decision of the Field Office Director; the NOID; the response to the NOID; and the petitioner's contentions on appeal. Based on our de novo review, we are unable to reach the same conclusion... Read More

EB2 India and China Visa Retrogression Likely in May
Posted on 27 Mar 2012 by Daniel M. Kowalski

"In a March 22, 2012 meeting with Charlie Oppenheim, the Department of State Visa Chief informed Mr. Ware that visa retrogression in the Employment-Based 2nd preference category for nationals of India and China is likely in May. Mr. Oppenheim... Read More