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The Administrative Appeals Office (“AAO”) recently issued a decision in a case focusing on the correct interpretation of the L-1A visa requirements for functional managers. In Matter of Z-A-, Inc., the AAO clarified that when determining whether the foreign national will primarily manage an essential function, USCIS must consider all relevant factors, including the foreign national’s role within the wider qualifying international organization. Importantly, USCIS designated this AAO opinion an Adopted Decision, making it a policy guidance binding all USCIS employees.
The L-1A classification allows a foreign business to transfer its executives or managers to the related U.S. office. According to […]
Our office just came back from a discussion session here in Washington, DC with Charles Oppenheim. Mr. Oppenheim is the Chief of the Visa Control and Reporting Division at the U.S. Department of State. For many, he is simply known as the person responsible for the monthly and annual visa number allocations for family- and employment-based green cards. He is also the person who prepares and publishes the monthly visa bulletin which is highly anticipated every month. Our access and proximity to Mr. Oppenheim allows us to provide immediate updates on expected Visa Bulletin movements and we are proud to […]
In an order dated May 16, 2016, the U.S District Court for the Western District of Washington has dismissed the lawsuit challenging the October 2015 Visa Bulletin revisions, or the so-called “visagate.” According to the court, the visa bulletin, mainly because it had not become effective at the time of the revision, did not constitute final agency action and, as a result, the court dismissed the case on technical grounds without an opportunity to amend the claims stated. […]
The Department of Homeland Security has just released a proposed rule seeking to amend (increase) most of the Citizenship and Immigration (USCIS) application filing fees. The weighted average of the increase is 21 percent and USCIS is adding one new fee. The proposed fee increase rule is under a comment period until July 5, 2016 with an anticipated effective date for the new fees around Fall of 2016. […]