DHS releases new proposed rule

The DHS has released the long anticipated proposed regulation which promised to provide greater portability to H-1b workers with approved I-140’s. A copy of the complete rule can be found here. Comments on the proposed rule are due on Feb 29, 2016 and the rule is not in effect until it becomes final, sometime after… Continue reading DHS releases new proposed rule

8th Circuit Weighs in on I-140 Revocations

On December 1, 2015, the 8th Circuit decided Rajasekaran v. Hazuda, 2015 BL 393183, 8th Cir., No. 14-3623, 12/1/15, and found that Courts can’t review USCIS failure to provide reasons for I-140 revocation, and an I-140 that wasn’t valid to begin with isn’t made valid by an immigrant changing jobs pursuant to the AC21 portability… Continue reading 8th Circuit Weighs in on I-140 Revocations

AAO Provides Clarification on the Meaning of “Doing Business” for EB-1 Petitions

On April 9, 2015, the Administrative Appeals Office (“AAO”) issued a decision in which it discussed the meaning of “doing business” for EB-1 petitions. In Matter of Leacheng International, Inc., the Petitioner filed an Immigrant Petition for Alien Worker in the classification of multinational manager or executive. To qualify for this classification, it must be… Continue reading AAO Provides Clarification on the Meaning of “Doing Business” for EB-1 Petitions

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In an unpublished decision, the Administrative Appeals Office (“AAO”) considered whether the Beneficiary of a filed I-140 Immigrant Petition for Alien Worker could use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

Crazy Kazarian ! RFE vs. NOID ?

NSC recently issued clarification on its RFE vs. NOID issuance on I-140 petitions subject to Kazarian’s two-part analysis, such as petitions for Aliens of Extraordinary Ability and Outstanding Professors or Researchers. The issue with this review is that applicants in these categories basically must prove their case to CIS twice. Kazarian is a 2 part… Continue reading Crazy Kazarian ! RFE vs. NOID ?

I-140 denied ?

Have you had an I-140 denied and you wanted to appeal but, your employer refused ? If so, you may still have the option to appeal under a theory approved by a recent Federal Court of Appeals decision.

Premium processing returns for I-140’s

Today, the USCIS announced that on June 16, 2008, it will begin accepting Premium Processing Service requests for I-140’s  filed on behalf of certain H-1b workers who are nearing the end of their sixth year limit.  Although this particular program is rather limiting, it is welcome news and may signal the more widespread return of premium processing.… Continue reading Premium processing returns for I-140’s

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