Immigration Law

Recent Posts

Making the Case for Expanding a Foreign National’s Interest in an I-140 Petition
Posted on 5 Jun 2019 by Daniel M. Kowalski

Cyrus D. Mehta & Patrick Matutina, June 5, 2019 "Current regulations generally preclude beneficiaries from participating in employment-based immigrant visa proceedings, including post-adjudication motions and appeals. The employment-based immigrant... Read More

Tags: mehta , USCIS , i-140

Breakthrough in Matter of V-S-G- Inc.: AC21 Beneficiaries Given Opportunity to Be Heard When I-140 is Revoked
Posted on 27 Nov 2017 by Daniel M. Kowalski

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... Read More

Tags: mehta , AAO , i-140 , v-s-g-

Cyrus Mehta: The Employee Should Get Notice When an I-140 Petition is Revoked
Posted on 22 Aug 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Aug. 22, 2016 - "[A] worker who was sponsored by the original employer in the EB-3 can potentially re-boot into EB-2 through a new employer, and recapture the priority date applicable to the original I-140 petition. While the EB-2... Read More

Don't You Dare Yank My Precious Approved I-140 Without Telling Me! - Cyrus D. Mehta
Posted on 31 Oct 2015 by Daniel M. Kowalski

Cyrus D. Mehta, Oct. 30, 2015 - "The approved immigrant visa petition, Form I-140, is truly precious, especially when foreign nationals caught in the employment-based second and third preference backlogs have to wait for several years before they... Read More

Tags: mehta , i-140

EB-1 AAO Victory - Matter of A-A- LLC, ID# 17487, July 8, 2016
Posted on 15 Jul 2016 by Daniel M. Kowalski

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... Read More

Tags: becker , a-a- , executive , AAO , eb-1 , wilson , 17487 , i-140

I-140 telecon Jan. 18, 2012
Posted on 23 Dec 2011 by Daniel M. Kowalski

USCIS Office of Public Engagement: Form I-140 Teleconference Invitation U.S. Citizenship and Immigration Services sent this bulletin at 12/22/2011 02:40 PM EST Dear Stakeholder The USCIS Office of Public Engagement invites any interested... Read More

Tags: telecon , USCIS , i-140

New USCIS Form I-140 (rev. 10-15-15)
Posted on 5 Nov 2015 by Daniel M. Kowalski

"You may also file using the previus [sic] edition: 03/05/13." - USCIS, Nov. 3, 2015 . Read More

Tags: i-140

USCIS Seeks Feeback: RFE Template: E13, Multinational Executive and Manager Immigrants
Posted on 8 Jan 2015 by Daniel M. Kowalski

Review Period: January 8, 2015 - January 21, 2015 - I-140 E13 Multinational Executives and Managers REQUEST FOR EVIDENCE Read More

USCIS Posts Updated Form I-140 (2/16/16)
Posted on 16 Feb 2016 by Daniel M. Kowalski

USCIS E-Mail to stakeholders, Feb. 16, 2016 - "Today we published an updated edition of Form I-140 , Immigrant Petition for Alien Worker. The new edition is dated 11/20/15. (Starting 04/16/16, USCIS will only accept the 11/20/15 edition. Until then... Read More

Tags: USCIS , i-140

CA11 on Standing, Jurisdiction (I-140 Revocation) - Kurapati v. USCIS
Posted on 23 Sep 2014 by Daniel M. Kowalski

"Sunil Kurapati and his wife Bharathi Mallidi, natives and citizens of India, appeal from the district court’s dismissal for lack of subject matter jurisdiction of their complaint challenging the U.S. Citizenship and Immigration Services’... Read More

The Opportunity to Be Heard: The Proposed I-140 Regs and Mantena v. Johnson - David Isaacson
Posted on 17 Feb 2016 by Daniel M. Kowalski

David Isaacson, Feb. 17, 2016 - " It appears from the proposed rule that in making its determination whether “petition approval was in error”, to quote again from proposed 8 CFR 204.5(e)(2)(iv), and so should no longer confer a priority... Read More

AAO Solicits Amicus Briefs on Standing, AC21, I-140 Beneficiaries
Posted on 4 Apr 2015 by Daniel M. Kowalski

"[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... Read More

USCIS Workload Transfers for I-140s, I-485s
Posted on 7 Oct 2015 by Daniel M. Kowalski

USCIS, Oct. 7, 2015 - "To improve efficiency, USCIS recently rebalanced the workload distribution of certain Form I-140 petitions and employment-based Form I-485 applications between the Texas Service Center and the Nebraska Service Center. Unless... Read More

'Extraordinary Ability' I-140 Remand for Brazilian Bull Rider: Eguchi v. Kelly
Posted on 8 Jul 2017 by Daniel M. Kowalski

Eguchi v. Kelly, June 23, 2017 - "Because the court concludes that CIS’s decision was arbitrary or capricious with respect to at least three criteria, it need not analyze whether the decision as to the Membership Criterion was also arbitrary... Read More

Details Emerge on I-140 EADs - Greg Siskind
Posted on 28 Dec 2015 by Daniel M. Kowalski

Greg Siskind, Dec. 25, 2015 - "While the long-anticipated I-140 EAD rule has not yet been published, the basic outline of the proposed policy changes have emerged. The proposed new I-765 employment authorization form instructions explains what will... Read More