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USCIS Policy Memo: Certification of Decisions to the Administrative Appeals Office (AAO)

"This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) guide officers on the proper use of the decision certification mechanism described in 8CFR 103.4. This PM revises Subchapters 3.5, 10.7, 10.8, 10.14 and 10.18 of the AFM; AFM Update AD13-08."...

USCIS Policy Memo: Precedent and Non-Precedent Decisions of the Administrative Appeals Office (AAO)

"This policy memorandum (PM) and accompanying revisions to the Adjudicator’s Field Manual (AFM) guide U.S. Citizenship and Immigration Services (USCIS) officers on the distinction between and proper use of precedent and non-precedent Administrative Appeals Office (AAO) decisions. This PM revises...

That's One Expensive Cut of Meat

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 a chef from Brazil . In 2010 the Brazilian steakhouse...

News Excerpts From the Feb. 15, 2012, Bender’s Immigration Bulletin

Arizona Must Issue Drivers’ Licenses to DACA Recipients | On January 22, 2015, District Judge David G. Campbell permanently enjoined Arizona from refusing to issue drivers’ licenses to beneficiaries of the Deferred Action for Childhood Arrivals program, finding that the state’s policy...

Florida Stable Sues USCIS Over O-1 Visa Denial

"A popular thoroughbred racehorse trainer has accused the U.S. Citizenship and Immigration Services in a D.C. federal court of engaging in “capricious” and “arbitrary” behavior by denying an assistant trainer an extension of his nonimmigrant worker status after previously...

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 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...