Miller Mayer immigration attorneys Dave Wilks and Steve Yale-Loehr have coauthored with others an article about recent trends in USCIS Administrative Appeals Office (AAO) decisions concerning EB‑1‑A extraordinary ability and EB‑1‑B outstanding professor/researcher...
Topic: Immigration Articles
Recent Trends in EB 1 Extraordinary Ability and Outstanding Professor/Researcher Green Card Petitions
By Dan Berger, Emma Binder, Philip Katz, David Wilks, and Stephen Yale‑Loehr[1]* Introduction Practitioners have two key strategies to keep up with trends in U.S. Citizenship and Immigration Services (USCIS) adjudications. One is following individual decisions. The...
USCIS Cautions F-1 Students About Automatic Termination of OPT If They Transfer or Begin Study at Another Educational Level
U.S. Citizenship and Immigration Services (USCIS) recently cautions F-1 students on Optional Practical Training (OPT) that transferring to another school or beginning study at another educational level (for example, beginning a master's program after completing a...
DHS Proposes Terminating International Entrepreneur Program
The Department of Homeland Security (DHS) has proposed a rule to terminate the International Entrepreneur Program, which permits certain foreign entrepreneurs to be considered for parole to develop and build start-up businesses in the United States. The regulation DHS...
DHS Adds 15,000 H-2B Temporary Nonagricultural Worker Visas
Secretary of Homeland Security Kirstjen M. Nielsen announced on May 25, 2018, that the federal government will add 15,000 H-2B temporary nonagricultural worker visas for fiscal year 2018. Secretary Nielsen said she determined that there is a shortage of qualified,...
Entrepreneurship in the National Interest: A Review of AAO National Interest Waiver Decisions under Matter of Dhanasar
By David Wilks, Brooke Ireland, and Stephen Yale-Loehr* In December 2016, the Administrative Appeals Office (“AAO”) of the U.S. Citizenship and Immigration Services’ (“USCIS”) issued Matter of Dhanasar (“Dhanasar”),[1] a precedent decision issuing a new standard for...
Extraordinary Entrepreneurs Require Extraordinary Evidence: A Review of Recent Non-Precedent EB-1A AAO Decisions Under the Trump Administration
By David J. Wilks, Brooke Ireland and Stephen Yale-Loehr An international entrepreneur’s options for permanent residence are limited. The United States does not have a “start-up” visa. For many entrepreneurs, particularly those facing long backlogs in other immigrant...
Understanding Movement in the Visa Bulletin
For five months straight now (January 2018 to May 2018), the Visa Bulletin, published by the U.S. Department of State, has shown a cut-off date of July 22, 2014, for the China EB-5 category. What does this mean for Chinese investors with approved I-526s currently...
How to Avoid Losing Your Green Card in the Mail
An unfortunate reality for foreign nationals in the U.S. is that when a permanent resident case is finally approved, the green card document (formally known as an alien registration card) gets lost in the mail. To minimize the risk of losing your green card in the...
USCIS Implements Entrepreneur Parole Program
By David J. Wilks and Stephen Yale-Loehr Originally published in Bender's Immigration Bulletin January 15, 2018 After a five-month delay, U.S. Citizenship and Immigration Services (“USCIS”) announced on December 14, 2017, that it would begin accepting applications for...
