The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more
The United States Citizenship and Immigration Service (“USCIS”) announced that it has adopted a May 5, 2020 Administrative Appeals Office (“AAO”) decision Matter of F-M- Co., which concerns immigrant petitions in the EB-1...more
The Office of Tax Appeals (OTA) was established in 2017 as California’s new administrative appeals forum. Born from controversy, the agency was designed to function as an independent and impartial tribunal....more
On December 17, 2019, Senate Finance Committee Chairman Chuck Grassley (R-Iowa) and Ranking Member Ron Wyden (D-Ore.) reintroduced legislation to address the backlog of Medicare appeals cases awaiting review before an...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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