LexisNexis® Legal Newsroom
AAO I-360 Victory: Spouse's Suicide Was Domestic Violence

"On appeal, the petitioner contends that I-A- subjected her to verbal, physical, sexual, and psychological abuse which included repeated threats and graphic descriptions of suicide. The petitioner asserts further that I-A-'s threats to kill himself, the petitioner, and their child played an...

AAO Solicits Amicus Briefs on Standing, AC21, I-140 Beneficiaries

"[T]he AAO seeks amicus briefing on whether the beneficiaries of certain immigrant visa petitions have standing to participate in the administrative adjudication process, including standing to appeal to the AAO (and if so, when, and under what circumstances). Specifically, the AAO seeks briefing...

AAO on Kazarian, EB-1 (Extraordinary Ability)

"The Director, Texas Service Center, denied the employment-based immigrant visa petition. The matter is now before the Administrative Appeals Office (AAO) on appeal. The appeal will be sustained. The petitioner is a professor and researcher who primarily studies avian brood parasites, i.e., birds...

AAO (Published) on 'Doing Business' - Matter of Leacheng Intl., Inc.

Official Headnotes: (1) The definition of “doing business” at 8 C.F.R. § 204.5(j)(2) (2014) contains no requirement that a petitioner for a multinational manager or executive must provide goods and or services to an unaffiliated third party. (2) A petitioner may establish that it...

AAO (Published) on 204(c) - Matter of Christo's, Inc.

Official Headnotes: (1) An alien who submits false documents representing a nonexistent or fictitious marriage, but who never either entered into or attempted or conspired to enter into a marriage, may intend to evade the immigration laws but is not, by such act alone, considered to have “entered...

AAO (Published) on 'Material Change,' H-1B - Matter of Simeio Solutions, LLC

Official Headnotes: (1) A change in the place of employment of a beneficiary to a geographical area requiring a corresponding Labor Condition Application for Nonimmigrant Workers (“LCA”) be certified to the U.S. Department of Homeland Security with respect to that beneficiary may affect...

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta

"In Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the AAO affirmed the Service Center Director's decision and revoked the petition's approval. Among other things, the Director had concluded that changes in the beneficiary's places of employment constituted a material...

The AAO is Hiring Appeals Officers: $107,325 to $139,523 / Per Year

Short fuse! Application window closes Friday, June 12, 2015. Job Title: APPEALS OFFICER Department: Department of Homeland Security Agency: Citizenship and Immigration Services Job Announcement Number:CIS-PJN-1422318-AAO SALARY RANGE: $107,325.00 to $139,523.00 / Per Year OPEN PERIOD...

Cyrus D. Mehta: Update on Indian Three-Year Degrees and Postgraduate Diplomas

"The greatest bane for green card aspirants with Indian degrees is the uncertainty that they will be recognized as single source degrees. If an Indian degree is recognized as the single source equivalent of a US four-year bachelor’s degree, it can provide the basis for an I-140 immigrant visa...

AAO I-601 Extreme Hardship Victory (Mexico; Detroit)

Hats off to Michael Carlin for this Aug. 24, 2015 AAO victory!

AAO on National Interest Waiver: Matter of H-N-N-B- (Non-Precedent)

"The Petitioner, an individual, seeks classification as a member of the professions holding an advanced degree. See Immigration and Nationality Act (the Act) § 203(b )(2), 8 U.S.C. § 1153(b )(2). The Director, Texas Service Center, denied the immigrant visa petition. The matter is now...

AAO Adopts New Decision Format

USCIS, Sept. 24, 2015 - "The AAO recently adopted a new decision format. You can now cite to our non-precedent decisions using a citation string located at the end of each decision. The citation string uses the initials of the involved party and an individual random ID number that will make each...

USCIS Policy Memo: Initial Field Review of AAO Appeals

USCIS, Nov. 4, 2015 - Initial Field Review of Appeals to the Administrative Appeals Office "This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) provide guidance to employees of U.S. Citizenship and Immigration Services (USCIS) on the proper processing...

Michelle S. Velasco: USCIS Questions Bus. Admin. Degrees for H-1B Visas

Michelle S. Velasco, Nov. 10, 2015 - "Since writing last year on the challenges facing employers who wish to hire H-1B workers for uncommon specialty occupations, we have seen the U.S. Citizenship and Immigration Services (USCIS) present a novel way to push back on H-1B filings: by challenging whether...

AAO 212(h) Hardship Waiver Victory: Matter of D-M-V-, ID# 15302

Matter of D-M-V-, ID# 15302 (AAO Jan. 28, 2016) - "The Applicant was found to be inadmissible to the United States pursuant to section 212(a)(2)(A)(i)(I) of the Act, 8 U.S.C. § 1182(a)(2)(A)(i)(I), for having been convicted of crimes involving moral turpitude. He filed a Form 1-601, Application...

AAO on Physician NIW: Matter of H-V-P-

Matter of H-V-P-, ID# 16270 (AAO Feb. 9, 2016) - "The Petitioner, a physician, seeks an immigrant visa petition as a member of the professions holding an advanced degree as set forth in section 203(b)(2) of the Immigration and Nationality Act (the Act), 8 U.S.C. § 1153(b)(2). In addition, the...

Matter of H-V-P-, Adopted Decision 2016-01 (AAO Feb. 9, 2016)

USCIS, Mar. 9, 2016 - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of H-V-P- as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all USCIS employees. USCIS personnel...

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 ...