News & Analysis as of

Administrative Appeal Office

Constangy, Brooks, Smith & Prophete, LLP

Court upholds USCIS regulation requiring amended petition for change in location

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

Dorsey & Whitney LLP

USCIS Clarifies that in the Event of a Merger, Multinational Executives or Managers Seeking Permanent Residence under the EB-1...

Dorsey & Whitney LLP on

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

Eversheds Sutherland (US) LLP

Inside California’s Office of Tax Appeals

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

King & Spalding

Senators Grassley and Wyden Reintroduce Legislation to Reduce Medicare Appeals Backlog

King & Spalding on

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

Pierce Atwood LLP

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Littler

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

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

Foley & Lardner LLP

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

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

Morgan Lewis

USCIS Appeals Panel Rules on L-1B Employment

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

Constangy, Brooks, Smith & Prophete, LLP

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

Mintz - Immigration Viewpoints

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

Baker Donelson

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

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

Kramer Levin Naftalis & Frankel LLP

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

Dentons

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

Dentons 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

Baker Donelson

Changes to National Interest Waiver Standard

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

Epstein Becker & Green

September 2016 Special Immigration Alert

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

Foley & Lardner LLP

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Moore & Van Allen PLLC

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

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

Mintz - Immigration Viewpoints

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

WilmerHale

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

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

Foley & Lardner LLP

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

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

Cozen O'Connor

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

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