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2013

  • Finding Labor Certification Required a Master’s Degree, AAO Withdraws Prior Decision(777 KB - 12/23/2013)
    AAO withdraws the NSC decision, finding that the labor certification supported a petition for professionals holding advanced degrees. But the petition was not approvable as the petitioner did not establish that the beneficiary was qualified for the offered position. Courtesy of Suishta Saigal.
    AILA Doc. No. 13122349.
  • AAO Sustains L-1B Appeal for Marketing Specialist(724 KB - 12/11/2013)
    Non-precedent decision where the AAO sustained the L-1B appeal, finding that the petitioner established that a marketing specialist possessed specialized knowledge, and was employed previously and would be employed in a position, requiring that knowledge. Courtesy of Aimee Clark Todd.
    AILA Doc. No. 13121158.
  • AAO Sustains NIW Appeal for Manager of Commodities Trade and Supply Company(3050 KB - 11/13/2013)
    AAO approved the NIW petition on appeal, stating that the beneficiary’s efforts have helped many small companies stay in business and had positive effects, individually and cumulatively, beyond the success and longevity of his own business ventures. Courtesy of William Gerstein.
    AILA Doc. No. 13111341.
  • Non–Precedent AAO Decision Withdrawing Earlier Material Misrepresentation Finding(1422 KB - 10/21/2013)
    The AAO granted the motion to reconsider, withdrew the denial of the I-601 waiver application, and dismissed the appeal, finding that the applicant’s misrepresentations of her name and date of birth were not material, and thus the waiver application was unnecessary. Courtesy of David Rivera.
    AILA Doc. No. 13102148.
  • Non–Precedent AAO Decision Approving Regional Center Designation(4354 KB - 10/21/2013)
    On certification from CSC, the AAO withdrew the denial and approved the proposal for a regional center, based solely on a hypothetical project. CSC originally determined that the applicant had not provided a business plan with verifiable details regarding how sufficient jobs would be created.
    AILA Doc. No. 13102147.
  • AAO Grants Extreme Hardship Waiver for Gambian National(842 KB - 10/11/2013)
    The AAO sustains the appeal of a hardship waiver, finding the positive factors of good moral character and the extreme psychological, medical, and financial hardship to the applicant’s spouse outweigh the applicant’s misrepresentation on a B-1/B-2 visa. Courtesy of Jonathan Shaklee.
    AILA Doc. No. 13101163.
  • AAO Withdraws CSC Denial of Regional Center Geographic Boundaries Amendment(4074 KB - 10/10/2013)
    On certification from CSC, the AAO withdraws CSC’s denial of a request to amend a regional center designation, citing to USCIS’s May 30, 2013 policy memo, which discusses amendments to regional center designations, noting that an amendment is not needed for certain changes.
    AILA Doc. No. 13101002.
  • AAO Grants Extreme Hardship Waiver Due to Applicant’s Father's Circumstances(1391 KB - 10/2/2013)
    AAO sustains appeal for waiver of inadmissibility, finding that the applicant’s father would experience extreme hardship if his son were found inadmissible, and notes that the father was granted asylum from China and his fears of his son’s return to China are not without basis. Courtesy of Alan Lee.
    AILA Doc. No. 13100243.
  • AAO Approves Employment Authorization for Administratively Closed Asylum Case(1521 KB - 9/25/2013)
    On certification from TSC, the AAO affirmed the approved Form I-765, finding that the applicant’s administratively closed asylum proceeding maintained her eligibility for employment authorization under 8 CFR Sec. 274a.12(c)(8).
    AILA Doc. No. 13092545.
  • AAO Approves L-1A, Says CSC Failed to Consider the Needs of the Organization(2119 KB - 9/18/2013)
    On certification from the CSC, the AAO approved the new office L-1A extension for a function manager, finding that the CSC erroneously focused almost entirely on the size of the U.S. company without considering the reasonable needs of the organization as a whole. Courtesy of Roy Watson.
    AILA Doc. No. 13091857.
  • AAO Disagrees with CSC on Degree Equivalency in H-1B Petition and Approves Appeal(1556 KB - 9/17/2013)
    AAO approved an H-1B petition for an in-house Forensic Alcohol Criminalist, stating that the beneficiary’s combination of a three-year bachelor’s degree and more than ten years of work experience makes him qualified to perform the duties of the proffered position. Courtesy of Camiel Becker.
    AILA Doc. No. 13091743.
  • AAO Approves Hardship Waiver for Honduran National(1091 KB - 9/6/2013)
    AAO sustains the appeal of a hardship waiver, finding the positive factors of significant family ties to the U.S. and extreme hardship on the entire family outweigh the applicant’s attempted entry into the U.S. by presenting an altered Honduran passport. Courtesy of Monica Roisman.
    AILA Doc. No. 13090649.
  • AAO Sustains I-601 Waiver for Chinese National(1346 KB - 9/3/2013)
    AAO sustaining appeal of an INA §212(i) denial for a Chinese national who used a fraudulent passport and stayed after an in absentia exclusion order, finding the extreme hardship to the U.S. citizen spouse and teenage children outweighed the unfavorable factors. Courtesy of Alan Lee.
    AILA Doc. No. 13090348.
  • AAO Grants Waiver Application and Application for Permission to Reapply(448 KB - 8/26/2013)
    AAO reviewed waiver application and application for permission to reapply after being denied by Moscow, Russia Field Office and sustained appeal, finding extreme hardship to the applicant’s husband if she were unable to reside in the U.S. Courtesy of Alexander Segal.
    AILA Doc. No. 13082657.
  • AAO Sustains Appeal and Withdraws Prior AAO Decision on I-601 Waiver(405 KB - 8/26/2013)
    Non-precedent AAO decision withdrawing prior AAO decision and sustaining the appeal of a Form I-601, finding that the favorable factors outweigh the unfavorable factor of applicant’s misrepresentation of identity when attempting to obtain an immigrant visa. Courtesy of Alexander Segal.
    AILA Doc. No. 13082656.
  • AAO Withdraws Prior AAO Decision and Sustains Underlying Appeal(401 KB - 8/13/2013)
    AAO withdraws prior AAO decision and sustains appeal finding that favorable factors including extreme hardship to the applicant’s LPR mother and the absence of a criminal record outweigh the unfavorable factor of the applicant’s misrepresentation on an immigrant visa. Courtesy of Alexander Segal.
    AILA Doc. No. 13081306.
  • AAO Sustains Appeal Finding that Individual Did Not Participate in Persecution(2735 KB - 8/12/2013)
    The AAO approved an INA §212(i) fraud waiver application, finding that favorable factors outweighed the applicant’s failure to fully disclose the nature of his service in the Bosnian Serb Army, and he did not participate or knowingly assist in any persecutory acts. Courtesy of Ralph Hua.
    AILA Doc. No. 13081248.
  • AAO Sustains Appeal and Waives Inadmissibility under Section 212(h)(1)(A)(1715 KB - 8/8/2013)
    AAO sustained the appeal of the waiver application and found that while the crimes of theft and attempted theft were serious in nature and cannot be condoned, the favorable factors in the case outweigh the adverse factors. Courtesy of Steven Heller.
    AILA Doc. No. 13080849.
  • AAO Brief Challenges H-1B Revocation for J-2 Dependent(7368 KB - 8/3/2013)
    Sample brief to the AAO arguing that a J-2 dependent is entitled to change status to H-1B where the J-1 principal has been granted a waiver of the two-year home residency requirement pursuant to INA §214(l), even if the J-1 has not yet completed 3 years of work in a medically underserved area.
    AILA Doc. No. 13080360.
  • AAO Sustains EB-1-3 Appeal, Remands For Further Consideration(668 KB - 7/5/2013)
    In a §203(b)(1)(C) petition, where the beneficiary is a 50% shareholder, the AAO held that the beneficiary’s employer-employee relationship with the foreign and U.S. entities is not an essential consideration for eligibility and found other errors of fact and law. Courtesy of Mark S. Davidson.
    AILA Doc. No. 13070543.
  • AAO Grants 212(h) Waiver, Finds Applicant Demonstrated Rehabilitation(1675 KB - 4/30/2013)
    In an unpublished decision, the AAO granted the 212(h) waiver, finding that, although the applicant had a criminal record in addition to his controlled substance crime, his last criminal conviction took place over 15 years ago. Courtesy of Jeffrey Devore.
    AILA Doc. No. 13043050.
  • AAO Found Beneficiary Possessed Advanced Knowledge(1605 KB - 4/25/2013)
    AAO sustained appeal, finding that the totality of the evidence established that it is more likely than not that the beneficiary has advanced knowledge of the foreign employer’s processes and procedures. Courtesy of Michelle Gee.
    AILA Doc. No. 13042555.
  • AAO Sustains Appeal, Finding Petitioner’s Evidence Met Standard(1396 KB - 4/25/2013)
    AAO sustained the appeal of an employment-based immigrant petition for an alien of extraordinary abilities in athletics, finding that the petitioner submitted extensive documentation and demonstrated a “career of acclaimed work in the field.” Courtesy of Michelle Hua.
    AILA Doc. No. 13042552.
  • AAO Sustains Appeal, First-Line Supervisor Qualified for L-1A(1139 KB - 3/21/2013)
    AAO sustained appeal, finding that the first-line supervisor qualified for L-1A. Decision stated that the definition of duties for a project manager for IT workers should be based on the evidence and not pre-conceived impressions. Courtesy of Vic Goel and Lisa Locke.
    AILA Doc. No. 13032155.
  • AAO Sustains Appeal of L-1B, Finding Beneficiary Possessed Specialized Knowledge(1078 KB - 3/20/2013)
    AAO sustains L-1B appeal, stating that the statutory definition of specialized knowledge is comprised of two equal but distinct subparts and the beneficiary and the proffered position may satisfy either prong of the definition. Courtesy of Josie Gonzalez.
    AILA Doc. No. 13032050.
  • AAO Overturns L-1B Denial, Finding Beneficiary Possesses Specialized Knowledge(1136 KB - 3/19/2013)
    The AAO sustained the appeal, finding that a beneficiary does not need to develop the product or technology in which he claims to have specialized knowledge in order to have “special” knowledge. Courtesy of Carolyn Choi. AILA Doc. No. 13031945.
    AILA Doc. No. 13031945.
  • AAO Sustains Appeal of 212(i) Waiver Denial(1265 KB - 3/11/2013)
    The AAO sustained the appeal of the 212(i) denial, finding that the applicant’s LPR spouse would suffer extreme hardship, citing the couple’s 30 year marriage, the applicant’s extensive medical history, and the hardships of family separation. Courtesy of Scott Mossman.
    AILA Doc. No. 13031156.
  • AAO Sustains I-601 Waiver, Finds Spouse Will Suffer Extreme Hardship if Relocated to Mexico(718 KB - 3/7/2013)
    Unpublished AAO decision sustaining appeal of an I-601 waiver, in part due to living conditions and drug wars in Michoacán, Mexico, which was supported by DOS travel warnings, as well as concerns over the daughter’s education. Courtesy of Diana M. Bailey.
    AILA Doc. No. 13030799.
  • AAO Overturns Denial of L-1A, Finding that Senior Sales Manager Position was a Primarily Managerial Position(607 KB - 1/24/2013)
    In an unpublished decision, the AAO sustained the appeal of an L-1A denial, noting that the CSC erred in not concluding that the beneficiary has been and would continue to be employed in a primarily managerial capacity as a function manager. Courtesy of Robert Nadalin.
    AILA Doc. No. 13012446.
  • AAO Overturns Denial of L-1A for Restaurant Manager(1631 KB - 1/23/2013)
    In an unpublished decision, the AAO sustained the appeal of the L-1A denial, noting that CSC erred in concluding that the beneficiary’s subordinate supervisory employees must hold professional positions in order for him to qualify as a manager. Courtesy of Paul Hribernick.
    AILA Doc. No. 13012348.
  • AAO Reverses Denial of EB-1 Petition(507 KB - 1/17/2013)
    In an unpublished decision, the AAO considered the nature of the business, the organizational hierarchy, the beneficiary’s job description, and other factors and found that the beneficiary would be employed in a primarily managerial capacity. Courtesy of Adam Rosen.
    AILA Doc. No. 13011742.
 
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