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United States Citizenship and Immigration Services › Administrative Appeals

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
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

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

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

Constangy, Brooks, Smith & Prophete, LLP

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

Constangy, Brooks, Smith & Prophete, LLP on

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

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

AAO National Interest Waiver Decision May Open Doors for a Broader Group of Professionals and Entrepreneurs Seeking Green Cards

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

On December 27, 2016, the Administrative Appeals Office (AAO) —the appellate body for U.S. Citizenship and Immigration Services (USCIS)—announced a new standard for National Interest Waiver visa petitions in a precedent...more

Kramer Levin Naftalis & Frankel LLP

USCIS Overhauls Eligibility Standard for National Interest Waivers

Kramer Levin Naftalis & Frankel LLP on

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

Manatt, Phelps & Phillips, LLP

Employment Law - August 2015 #2

Manatt, Phelps & Phillips, LLP on

The Customer Isn't Always Right—Especially When He Harasses Employees: Why it matters - Providing an important reminder about the potential for liability from customers, a new lawsuit was filed against a supermarket...more

FordHarrison

Resource Update: USCIS Issues Flawed Guidance on Filing Amended H-1B Petitions Post Matter of Simeio

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USCIS recently published Guidance purporting to rely on Matter of Simeio Solutions, addressing when employers must file an amended H-1B petition on behalf of H-1B workers who are transferred to a new work location not listed...more

Baker Donelson

Recent Changes in Off-Site Employment Requirements

Baker Donelson on

There have been recent changes in the immigration world regarding the requirements for off-site employment. Both the H-1B visa category and the L-1B visa category, which are two of the more common employment-based visa...more

Benesch

Court: USCIS should consider ‘life experience’ for specialized knowledge L-1B visa

Benesch on

In holding that cultural traditions and life experience can be considered “specialized knowledge” for purposes of obtaining an L-1B intracompany transferee visa, a United States appeals court rejected the proposition that a...more

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