Tag Archives: AAO

USCIS Adopts Policy Clarifying Eligibility Criteria for U.S. Master’s Degree H-1B Cap

On May 23, 2017, the U.S. Citizenship and Immigration Services (USCIS) adopted as official policy the Administrative Appeals Office’s (AAO’s) decision in Matter of A-T-Inc. Specifically, USCIS announced that to be eligible for the H-1B U.S. master’s cap, an individual must have earned a U.S. master’s degree from a school that qualified as a “U.S. … Continue Reading

New Framework for Adjudicating National Interest Waivers

USCIS has established a new standard for adjudicating national interest waiver petitions by naming the Administration Appeals Office’s (AAO) Dec.27, 2016 decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), a precedent decision. This decision vacates Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998), which established … Continue Reading

Does a Beneficiary have Standing to Challenge a Petition Denial in Federal Court? More Judges are Saying ‘Yes’

A recent Second Circuit ruling marks the latest occurrence of a trend in federal court cases granting standing to beneficiaries in suits to challenge USCIS’ decisions, paving the way for more lawsuits against the agency following denials of petitions or appeals. The idea that only a petitioner may challenge a petition in federal court is … Continue Reading
LexBlog