Do I (Still) Qualify for the H1B Master Cap?

On May 31, 2017, USCIS released a memo clarifying that to be eligible for an H-1B cap exemption based on a Master’s Degree, the school from where the beneficiary obtained their degree has to have been a U.S. “institution of higher education” when the degree was earned. The policy memo cites to Matter of A-T-… Continue reading Do I (Still) Qualify for the H1B Master Cap?

USCIS ISSUES POLICY MEMORANDUM REGARDING ADJUDICATIONS FOR CERTAIN L-1A VISA PETITIONS

The U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum, adopting an Administrative Appeals Office (AAO) decision, to provide guidance that applies to and binds all USCIS employees regarding the adjudication of L-1A visa petitions. Specifically, the memorandum clarifies that when determining whether the beneficiary of an L-1A visa petition will primarily manage an… Continue reading USCIS ISSUES POLICY MEMORANDUM REGARDING ADJUDICATIONS FOR CERTAIN L-1A VISA PETITIONS

USCIS Policy Memo on Amended H-1b Petitions

On May 21,2015, the USCIS issued new policy guidance for H-1b employers. This guidance was issued following the April 9th Simeio Solutions precedent decision from the AAO which determined that a change in employment outside the area of intended employment was a material change and required the filing of an amended petition. This ruling was… Continue reading USCIS Policy Memo on Amended H-1b Petitions

AAO changes the game for staffing employers !

In a decision released last week, the AAO declared that a work-site location change outside of the original MSA requires the filing of an amended H-1b petition. This change will have significant impact on staffing cos., many whom have followed DOL and USCIS HQ guidance which supported the conclusion that only the filing and posting… Continue reading AAO changes the game for staffing employers !

AAO Determines that Beneficiary Cannot Use Experience Gained with the Petitioner to Qualify for a Sponsored Role

In an unpublished decision, the Administrative Appeals Office (“AAO”) considered whether the Beneficiary of a filed I-140 Immigrant Petition for Alien Worker could use experience gained at the sponsoring employer to demonstrate that he met the requirements of the role. In this case, the sponsoring employer filed a labor certification for the position of repairman… Continue reading AAO Determines that Beneficiary Cannot Use Experience Gained with the Petitioner to Qualify for a Sponsored Role

The 11th Circuit Issues A Decision Stating that the Beneficiary of an Approved I-140 has Standing to Challenge its Revocation

In Kurapati et al v. USCIS et al, the United States Court of Appeals for the 11th Circuit reviewed whether the beneficiary of an I-140 had standing to challenge its revocation. In this case, USCIS had issued a notice of intent to revoke (“NOIR”) to the beneficiary’s employer, Worldwide Web Services, on the basis that… Continue reading The 11th Circuit Issues A Decision Stating that the Beneficiary of an Approved I-140 has Standing to Challenge its Revocation

Immigration Appeals Court Approves EB2 case for an individual with a 3 year degree

The AAO, one of the Courts of Appeals in the immigration system, recently approved an EB2 I-140 for an individual with a full MS degree that had been attained following a 3 yr. Bachelor’s program. This is a major victory as the USCIS Service Center (particularly the Nebraska Service Center) had been issuing denials in… Continue reading Immigration Appeals Court Approves EB2 case for an individual with a 3 year degree