LexisNexis® Legal Newsroom
AAO Religious Worker Victory: Matter of I-S-O-A-, Inc.

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 had the required two years of continuous, qualifying...

Search Function Added for AAO Non-Precedent Decisions

USCIS E-Mail to stakeholders, Apr. 4, 2016 - "The Administrative Appeals Office (AAO) of U.S. Citizenship and Immigration Services (USCIS) has launched a search tool for most non-precedent decisions since 2005. Non-precedent decisions apply existing law and policy to the facts of an individual case...

AAO Adopted Decision on L-1A Essential Function Manager: Matter of Z-A-, Inc.

Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016) [1] - (1) While an L-1A function manager may use his or her business expertise to perform some operational or administrative tasks, he or she primarily must manage an essential function. (2) To determine whether a beneficiary’s...

Judo Coach Earns EB-1 'Extraordinary Ability' Green Card: Matter of K-S-Y-, ID# 14269 (AAO Mar. 9, 2016)

Matter of K-S-Y-, ID# 14269 (AAO Mar. 9, 2016) - "Today we have occasion to explore how an individual may demonstrate eligibility for a first preference immigrant visa during a career transition from competing as an athlete to coaching the next generation of athletes. The Petitioner, a judo expert...

Cyrus D. Mehta on Matter of Z-A-: Recognizing the Global Role of the L-1A Manager

Cyrus D. Mehta, May 9, 2016 - "Despite the shrill rejection of globalization in the current presidential election cycle, the Appeals Administrative Office (AAO) has thankfully bucked the trend. It recently designated Matter of Z-A- Inc . as an “Adopted Decision, “which means that such...

AAO Practice Manual Updates (May 5, 2016)

AAO, May 5, 2016 - "The tables below detail the changes made to this Practice Manual since its initial publication on January 14, 2015. The tables are arranged in reverse chronological order, with the most recent table at the top. The tables identify the section that was amended and describe the...

Matter of L-S-M-, Adopted Decision 2016-03 (AAO Feb. 23, 2016)

USCIS Policy Memo PM-602-0133 (May 13, 2016) - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of L-S-M- as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all U.S. Citizenship...

EB-1 AAO Victory - Matter of A-A- LLC, ID# 17487, July 8, 2016

Camiel Becker writes: "Attached is a redacted copy of new AAO decision issued on July 8, 2016 . The brief on appeal was primarily written by our associate Emily Wilson, although I was attorney of record and also worked on the appeal. Emily's bio can be found here . My bio can be found here ...

AAO 212(i) Hardship Victory - Matter of A-C-D-C-, ID# 17208 (AAO Aug. 9, 2016)

Matter of A-C-D-C-, ID# 17208 (AAO Aug. 9, 2016) - "The unfavorable factors in this case are the Applicant's use of a photo-substituted passport and visa to enter the United States and his unauthorized presence and employment in the United States. The favorable factors include the extreme hardship...

AAO 212(h) CIMT Victory: Matter of A-A-N-V-

Matter of A-A-N-V-, ID# 14511 (AAO Feb. 26, 2016) - "The record reflects that on 1997, in the Fifteenth Judicial Circuit Court, Florida, the Applicant was convicted of Burglary of Conveyance, a third degree felony, in violation for Fla. Stat.§ 810.02(1). The record further reflects that on...

AAO Adopted Decision: Matter of R-C-C-S-D- (Language Immersion School; Q-1 Program)

Matter of R-C-C-S-D-, Adopted Decision 2016-04 (AAO Oct. 24, 2016) - (1) The Department of Homeland Security (DHS) may designate a language immersion school as an international cultural exchange program, such that the school may petition for teachers to serve as Q-1 exchange visitors, if the school satisfies...

Why Matter of R-C-C-S-D- Matters

Jennifer Casey writes : "A reading of the statutory and regulatory requirements for a Q-1 cultural exchange program would suggest that many, if not most, language immersion schools should easily qualify for Q-1 designation. However, over the last decade, adjudications of Q-1 petitions by USCIS have...

AAO on NIW: Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016)

Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016) - USCIS may grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that he or she is well positioned to advance the proposed endeavor;...

AAO on “Physician of National or International Renown" - Matter of T-O-S-U-, Adopted Decision 2017-01 (AAO Jan. 4, 2017)

USCIS, Jan. 4, 2017 - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of T-O-S-U- as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all USCIS employees. USCIS personnel...

AAO on Waivers, Reinstatement, U Visas: Matter of A-L- (Jan. 12, 2017)

Gail Pendleton writes: "Heartfelt thanks to Rekha Sharma-Crawford for pursuing this case to the AAO, vindicating our long-posited argument that a 212(a)(9)(C) waiver eliminates the underlying predicate for 241(a)(5)."

AAO on 'Function Manager' - Matter of G-, Inc.

Matter of G-, Inc., ID# 96255 (AAO Feb. 17, 2017) - "[T]o establish that the beneficiary will be employed in a managerial capacity as a "function manager" the petitioner must demonstrate: (1) that the function is a clearly defined activity; (2) that the function is "essential"...

AAO on EB-2, 'Degree,' 'Provisional Certificate' - Matter of O-A-, Inc., ID# 84300 (AAO Mar. 15, 2017)(non-precedent)

Matter of O-A-, Inc., ID# 84300 (AAO Mar. 15, 2017) - "The provisional certificate, together with her statement of marks, demonstrates that the Beneficiary completed all the substantive requirements and that the university approved her degree. The final diploma here was simply a delayed formality...

AAO Adopted Decision: Matter of I- Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017)

Matter of I- Corp., Adopted Decision 2017-02 (AAO Apr. 12, 2017) - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of I- Corp. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to...

Matter of O-A-, Inc., Adopted Decision 2017-03 (AAO Apr. 17, 2017)

Matter of O-A-, Inc., Adopted Decision 2017-03 (AAO Apr. 17, 2017) "Matter of O-A-, Inc. clarifies that USCIS must conduct a case-specific analysis to determine whether, at the time a provisional certificate is issued, a beneficiary has completed all substantive requirements to earn the degree...

New AAO Adopted Decision and USCIS Policy Memo: Matter of A-T- Inc, Adopted Decision 2017-04 (AAO May 23, 2017)

Matter of A-T- Inc, Adopted Decision 2017-04 (AAO May 23, 2017) - Matter of A-T- Inc clarifies that, in order to qualify for an H-1B numerical cap exemption based upon a master’s or higher degree, the conferring institution must have qualified as a “United States institution of higher education”...

AAO on 'Function Manager' - Matter of G-, Inc., Adopted Decision 2017-05 (AAO Nov. 8, 2017)

USCIS Policy Memo PM-602-0148, Nov. 8, 2017 - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of G- Inc. as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all U.S. Citizenship...

Two New AAO I-601 Hardship Waiver Victories

Alan Lee writes : "The law firm won two recent non-precedential decisions at the U.S.C.I.S. Administrative Appeals Office which sided with us in our appeals of I-601 denials. An I-601 approval is required to waive grounds of inadmissibility, which in these cases involved fraud or misrepresentation...

Matter of V-S-G- Inc., Adopted Decision 2017-06 (AAO Nov. 11, 2017)

Here is a link to Matter of V-S-G-, Inc. , and here is a link to the USCIS Policy Memo . Nutshell: "Matter of V-S-G- Inc. clarifies that beneficiaries of valid employment-based immigrant visa petitions who are eligible to change jobs or employers (“port”) and who have properly requested...

Matter of G- Inc.: Clarifying the Role of the Function Manager Under the L-1 Visa

Cyrus D. Mehta and Sophia Genovese, Nov. 20, 2017 - "The Administrative Appeals Office (AAO) recently adopted a decision, Matter of G- Inc ., Adopted Decision 2017-05 (AAO Nov. 8, 2017), providing important guidance to U.S. employers who transfer function managers under the L-1 intracompany visa...

Breakthrough in Matter of V-S-G- Inc.: AC21 Beneficiaries Given Opportunity to Be Heard When I-140 is Revoked

Cyrus Mehta, Nov. 27, 2017 - "The law generally recognizes that petitioners control their visa petitions. See 8 CFR 103.2(a)(3). A beneficiary cannot force a petitioner to pursue or maintain a visa petition. Therefore, USCIS communicates only with petitioners, not the beneficiaries, with respect...