News & Analysis as of

Administrative Appeal Office

USCIS Issues Policy Memorandum Defining L-1A and EB-1 “Function Managers”

by Pierce Atwood LLP on

USCIS has issued a policy memorandum designating the decision of the Administrative Appeals Office in Matter of G- Inc. as policy guidance that applies to and binds all USCIS employees....more

USCIS Adopts AAO Decision Setting Accreditation Guidelines for H-1B Master’s Cap Eligibility

On May 23, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum adopting the Administrative Appeals Office’s (AAO) decision in the case Matter of A-T-Inc. The adopted decision establishes binding...more

USCIS Adopts Matter of I-Corp and What it Means for L-1B Visas

by Littler on

The U.S. Citizenship and Immigration Services (USCIS) recently issued a policy memorandum directing USCIS personnel to adopt the Administrative Appeals Office’s (AAO) reasoning in Matter of I-Corp. Specifically, pursuant to...more

Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions

by Foley & Lardner LLP on

Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law —...more

USCIS Appeals Panel Rules on L-1B Employment

by Morgan Lewis on

The guidance creates a new wage obligation for L-1B employees on overseas payroll. On April 14, the Administrative Appeals Office (AAO) of US Citizenship and Immigration Services (USCIS) issued a memorandum establishing a...more

New Standard May Make It Easier For Foreign Nationals To Get National Interest Waiver

The U.S. Citizenship and Immigration Services Administrative Appeals Office has issued a precedent decision in Matter of Dhanasar that sets new and broader standards for assessing eligibility for permanent resident status...more

Matter of Dhanasar Breathes New Life into NIW Green Card Category

At the end of the 2016 calendar year, the Administrative Appeals Office (AAO) published a welcome precedent decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). In this case, the AAO has significantly revised the...more

Immigration Update: New Rule on Unfair Immigration-Related Employment Practices Effective January 18, 2017; Changes to National...

by Baker Donelson on

On December 19, 2016, the Department of Justice (DOJ) issued a final rule that revises the DOJ's regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to unfair immigration-related...more

USCIS Overhauls Eligibility Standard for National Interest Waivers

In a recent precedent decision issued through its Administrative Appeals Office (AAO), U.S. Citizenship and Immigration Services (USCIS) has created a new and flexible analytical framework for determining whether a foreign...more

New National Interest Waiver Standard: Removing obstacles for many talented immigrants

by Davis Brown Law Firm on

Despite a wide variety of opinions about immigration, most people agree that a person who will benefit the national interest should be allowed to immigrate. While immigration law includes a path for immigration in the...more

Changes to National Interest Waiver Standard

by Baker Donelson on

The USCIS Administrative Appeals Office (AAO) issued a precedent decision overruling the longstanding standard for EB-2 National Interest Waiver green card cases and creating a more realistic three-part test to demonstrate...more

USCIS Establishes New Standard for EB2 National Interest Waiver Cases for Certain Individuals Whose Work is of National Importance

On December 27, 2016, U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) issued a decision in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), addressing the National Interest Waiver (NIW)...more

September 2016 Special Immigration Alert

by Epstein Becker & Green on

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...more

New USCIS Policy Decision Broadens Permissible Bases for Visa Transfer of Multinational Managers

by Foley & Lardner LLP on

After four years of internal deliberations, U.S. Citizenship & Immigration Services (USCIS) recently issued a policy memorandum binding all USCIS personnel to follow the reasoning of a 2013 USCIS Administrative Appeals Office...more

U.S. Citizenship and Immigration Services published a policy memorandum in the decision of Matter of Z-A, Inc.

by Kirton McConkie PC on

On April 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a policy memorandum designating the decision of the Administrative Appeals Office (AAO) in Matter of Z-A-, Inc. as an adopted decision...more

Changes to Obligations for Filing H-1B Amendment Petitions Under Matter of Simeio Solutions, LLC

As of August 19, 2015, full enforcement of a recent Administrative Appeals Office (AAO) decision in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015) will commence. On April 9, 2015, the AAO—the appellate body...more

USCIS Issues Final Guidance on Recent AAO Decision in Simeio

On Tuesday, July 21, 2015, U.S. Citizenship and Immigration Services (USCIS) issued its final guidance on the recent Administrative Appeals Office (AAO) decision in Matter of Simeio Solutions, LLC. Under Simeio, employers...more

Immigration Update: Precedent Decision Impacts H-1B Workers & Employers

by Moore & Van Allen PLLC on

USCIS has issued a final guidance memorandum in regards to the precedent AAO decision in the Matter of Simeio Solutions, LLC. Per the Simeio decision, an amended H-1B petition must filed with USCIS when there is a material...more

USCIS Releases Final Guidance on H-1B Job Site Changes

U.S. Citizenship and Immigration Services (USCIS) released final guidance on a recent Administrative Appeals Office (AAO) decision requiring amended or new H-1B petitions for workers who change job sites. These requirements...more

USCIS Clarifies Position on Worksite Changes and Need to File Amended H-1B Petitions

by WilmerHale on

The United States Citizenship and Immigration Services (USCIS) recently issued guidance on changes in H-1B (visa) work locations in the wake of the Administrative Appeals Office's (AAO) April 9, 2015 decision in Matter of...more

Employers Beware: If You Moved an H-1B Worker Without Advising USCIS, You Have Until August 19, 2015 to Make Amends

by Foley & Lardner LLP on

A recent binding decision issued by the Administrative Appeals Office (AAO) has complicated even further the confusing rules governing employer obligations in the H-1B nonimmigrant visa program. Part of U.S....more

Job Relocations May Trigger Need for Amended H1-B Petition

by Ronald Shapiro on

Before moving an employee with an H1-B visa to a different office or worksite, the employer may have to file an amended H1-B petition, according to a recent US Citizenship and Immigration Services (USCIS) Administrative...more

USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

by Cozen O'Connor on

U.S. Citizenship and Immigration Services (USCIS) issued draft guidance on when to file an amended H-1B petition pursuant to the USCIS Administrative Appeal Office (AAO) precedent decision in Matter of Simeio Solutions, LLC....more

AAO Guidance Clarifies That Worker Mobility May Come at a Cost

In a move likely to elicit equal parts appreciation and exasperation among the employer community, U.S. Citizenship and Immigration Services (USCIS) issued guidance on the need to file an amended H-1B petition when there is a...more

Immigration Update: Employers Must File Petition When H-1B Worker Changes Locations

by Moore & Van Allen PLLC on

Following the precedent decision issued on April 9, 2015 by the USCIS Administrative Appeals Office (AAO) in Matter of Simeio Solutions, LLC employers must now be more cognizant than ever before of the requirements when...more

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