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Administrative Appeals Office (AAO)

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  • AAO Approves Petition for Business Operations Specialist Under INA §203(b)(3)(A)(ii)(525 KB - 1/21/2015)
    Unpublished AAO decision sustaining appeal and approving the petition under INA §203(b)(3)(A)(ii), finding the job offer on the ETA Form 9089 was valid and the petitioner established its ability to pay the proffered wage to the beneficiary. Courtesy of James Tam.
    AILA Doc. No. 15012160.
  • AAO Finds Derivative T Status Is Not Lost Upon Principal’s Admission to LPR Status(1165 KB - 12/29/2014)
    Unpublished AAO decision withdrawing the director’s decision, finding that neither the statute nor the regulations direct that derivative T status, once properly granted, is lost upon the T-1 principal’s admission to lawful permanent residency. Courtesy of Rachel Wilson.
    AILA Doc. No. 14122943.
  • AAO Sustains Appeal of L-1A, Finds VSC Erred in Analysis(869 KB - 12/19/2014)
    Unpublished AAO decision sustaining the appeal of an L-1A extension, finding that the director’s conclusion was based on error and that the beneficiary’s subordinate supervisory employees need not hold professional-level positions in order for him to qualify as a manager. Courtesy of Nancy Shivers.
    AILA Doc. No. 14121944.
  • AAO Dismisses O-1B Appeal, Finding Ballroom Dance A Sport(7840 KB - 12/16/2014)
    In an unpublished AAO decision, the AAO dismissed an O-1B appeal, finding that the competitive nature, International Olympic Committee recognition, and the intensive physical training and fitness requirements makes competitive ballroom dance falls within the field of athletics rather than the arts.
    AILA Doc. No. 14121644.
  • AAO Reverses L-1A Denial for Chief Operating Officer of Hotel(1490 KB - 12/2/2014)
    The AAO sustained the appeal and withdrew the director’s decision, finding that the petitioner established by a preponderance of the evidence that the beneficiary will be primarily engaged as a manager based on his supervision of subordinate managers and supervisors. Courtesy of James R. Lavigne.
    AILA Doc. No. 14120206.
  • AAO Sustains Appeal of L-1A, Finding CSC Overlooked Evidence(2753 KB - 11/26/2014)
    The AAO sustains the appeal of an L-1A, finding that beneficiary will be employed in a managerial capacity in his role as senior technical manager in transceiver engineering and that the beneficiary will assume the same position in the U.S. that he currently holds abroad. Courtesy of Clark Trevor.
    AILA Doc. No. 14112603.
  • AAO Rejects Beneficiary’s Experience with Petitioner As Basis for Qualifying for Position(1222 KB - 11/18/2014)
    Unpublished AAO decision finding that absent evidence of prior employment, it must be concluded that the beneficiary seeks to qualify based on experience gained with the petitioner but in this case, the experience was substantially comparable to the position offered. Courtesy of William Siebert.
    AILA Doc. No. 14111854.
  • AAO Sustains I-601 Waiver, Finds Spouse Will Suffer Extreme Hardship if Separated from Husband(645 KB - 10/30/2014)
    Unpublished AAO decision sustaining appeal of I-601 waiver, finding the U.S. citizen (USC) spouse would face extreme medical and financial hardship if separated, and other favorable factors including ties to a USC child and steady employment warranted discretion. Courtesy of Jennifer A. Gutierrez.
    AILA Doc. No. 14103044.
  • AAO Sustains Appeal of I-601 Waiver for Unlawful Presence and Finds Assault Conviction Is not a CIMT(944 KB - 8/20/2014)
    AAO decision sustaining appeal of an I-601 waiver for unlawful presence, finding applicant’s spouse would suffer extreme hardship and the conviction under Maryland Code Art 27, §12A(a) and (b) for simple assault was not a crime involving moral turpitude (CIMT). Courtesy of Michelle Mendez.
    AILA Doc. No. 14082061.
  • AAO Remands J-1 Hardship Waiver Application(599 KB - 6/13/2014)
    The AAO remanded the I-612 hardship waiver application to the CSC to request a section 212(e) waiver recommendation from the DOS Waiver Review Division, finding U.S. citizen spouse would face exceptional hardship. AAO took note of the spouse’s rare genetic disease. Courtesy of Brian C. Schmitt.
    AILA Doc. No. 14061333.
  • AAO Sustains I-601 Waiver Due to Extreme Hardship for Spouse(954 KB - 5/13/2014)
    Unpublished AAO decision sustaining appeal of I-601 waiver, finding the U.S. citizen spouse and child would face extreme hardship if applicant were relocated to India, the spouse’s career as a physician, and other favorable factors warranted discretion. Courtesy of Michael Carlin.
    AILA Doc. No. 14051342.
  • AAO Sustains Appeal on “Doing Business” in I-140 Multinational Executive/Managerial Petition(672 KB - 4/7/2014)
    AAO sustains appeal of an I-140 EB-1C multinational executive/managerial petition, finding that the regulations on “doing business” does not require the petitioner be a direct party to contracts or a direct provider of goods and services to an unaffiliated third party. Courtesy of Alan Lee.
    AILA Doc. No. 14040741.
  • AAO Sustains Appeal of I-601 Waiver for Pakistani Petitioner(618 KB - 3/4/2014)
    Unpublished AAO decision sustaining appeal of an I-601 waiver, finding that the applicant’s spouse would suffer extreme hardship and warranted a favorable exercise of discretion, in light of the criminal conviction and fraudulent asylum application. Courtesy of Usman B. Ahmad.
    AILA Doc. No. 14030449.
  • AAO Withdraws CSC Revocation of J-2 to H-1B Petition(571 KB - 1/27/2014)
    The AAO withdrew revocation, finding no basis in the record for revoking the approval of the underlying H-1B petition where CSC’s revocation was based solely on the determination that the beneficiary was ineligible to change status from J-2 to H-1B. Courtesy of Jan Pederson and Ganesh Kalyanaraman.
    AILA Doc. No. 14012742.
  • AAO Remands After Finding Focus Should Be on “Mere Presence,” Not “Agent”(1308 KB - 1/14/2014)
    Unpublished AAO decision remanding after finding that the I-140 for a multinational manager or executive denial incorrectly interpreted 8 CFR 204.5(j)(2) to mean that any U.S. business that meets the definition of “agent” is excluded from “doing business” in the U.S. Courtesy of Derek Strain.
    AILA Doc. No. 14011448.
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