LexisNexis® Legal Newsroom
AAO H-1B Victory: Forensic Alcohol Criminalist

Camiel Becker writes: "I am writing to share a recent win I had at the AAO on an H-1B denial . The case involves an in-house Forensic Alcohol Criminalist for a California-based law firm. The California Service Center denied the H-1B petition, inter alia, on a finding that a three-year bachelor’s...

Recruiter Not a 'Specialty Occupation' for H-1B: Health Carousel v. USCIS

"Because the AAO denied Health Carousel's petition on four alternative grounds, Health Carousel can only succeed in its challenge by showing that USCIS abused its discretion with respect to each enumerated ground. Id. at 1037. USCIS must show that it had at least one valid ground for denial...

THE AAO ON H-1B VISA CREDENTIAL EVALUATIONS AND THE 'THREE-FOR-ONE" RULE

"As immigration practitioners, we file H-1B visa petitions all the time. We know that in each petition, the employer must demonstrate that the position requires a professional in a specialty occupation and that the foreign national – the intended employee - has the required qualifications...

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...

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 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...

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”...