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2006 - 2005

  • AAO Addresses H-1B Cap Exemption for Public School (9/11/2006)
    Decision from AAO regarding exemption from the H-1B cap for a Texas public school, as well as whether the position is a specialty occupation and whether the teacher holds the requisite degree. AILA filed an amicus brief in this case.
    AILA Doc. No. 06091161.
  • AAO Unpublished Decision on "Specialty Occupation" for Film and Video Director(833 KB - 8/22/2006)
    An unpublished decision of the AAO addresses whether the occupation of "film and video director" is a "specialty occupation" for H-1B purposes. Courtesy of AILA member Daniel Huang. AILA Doc. No. 06082260.
    AILA Doc. No. 06082260.
  • AAO Adopted Decision on Cuban Adjustment Act(214 KB - 6/30/2006)
    This case (Matter of Buschini) was Overruled by Matter of Vazquez (July 31, 2007). Matter of Buschini addresses the type of documentation that must be submitted to establish Cuban citizenship under the Cuban Adjustment Act. AILA Doc. No.06063014.
    AILA Doc. No. 06063014.
  • AAO Adopted Decision on Burden of Proof in Petition and Application Proceedings(790 KB - 1/12/2006)
    An AAO Adopted Decision confirming that “preponderance of the evidence” is the burden of proof in INA §316(b) preservation of residence proceedings and generally in other petition and application proceedings. Matter of Chawathe, A74 254 994 (AAO 1/11/2006). AILA Doc. No. 06020160.
    AILA Doc. No. 06020160.
  • AAO Begins Issuing "Adopted Decisions" (10/27/2005)
    The USCIS has begun to issue decisions from the AAO designated as "USCIS Adopted Decisions." Decisions so designated will be binding policy guidance on all USCIS personnel.
    AILA Doc. No. 05102767.
  • AAO Decision/Field Instructions on AC21 I-140 Portability(661 KB - 10/27/2005)
    An AAO decision, which USCIS has designated as an "Adopted Decision", and thus to be considered policy guidance binding on all USCIS personnel, addresses the issue of portability under INA section 204(j) where the I-140 is not approved. AILA Doc. No. 05102761.
    AILA Doc. No. 05102761.
  • USCIS Officers Instructed to Allow Recapture for H-1Bs and L-1s(268 KB - 10/27/2005)
    An AAO decision, which USCIS has designated as an "Adopted Decision", and thus to be considered policy guidance binding on all USCIS personnel, indicates that time spent outside the U.S. may be recaptured for purposes of the maximum period of admission. AILA Doc. No. 05102760.
    AILA Doc. No. 05102760.
  • AAO Reverses TSC Denial of Recapture of Time Out of Country for H-1B(70 KB - 8/26/2005)
    In a non-precedent decision, the AAO concluded that time spent outside the U.S. during the 6 years a beneficiary was an H-1B should not be counted toward the 6 years, and thus the H-1B can be extended for the number of days the individual was shown to have been outside the country. AILA Document No. 05082610.
    AILA Doc. No. 05082610.
  • Summary of AAO Decisions on “Religious Visas”(38 KB - 6/24/2005)
    On 6/9/05, CIS posted 13 additional AAO decisions on special immigrant religious workers. These decisions covered the period from 10/20/04-10/27/04. Of the 13, there were three approvals, one remand, and one misposting (TPS). Three cases were rejected for untimely filing. The remaining 5 cases were standard denials, 4 of which came from TSC. AILA Doc. No. 05062441.
    AILA Doc. No. 05062441.
  • AAO Allows Recapture of H-1B Time(212 KB - 3/23/2005)
    In a non-precedent decision, the AAO concluded that time spent outside the U.S. during the 6 years a beneficiary was an H-1B should not be counted toward the 6 years, and thus the H-1B can be extended for the number of days the individual was shown to have been outside the country. Courtesy of Ron Wada. AILA Doc. No. 05032360.
    AILA Doc. No. 05032360.
  • AAO Upholds Denial of a National Interest Waiver(791 KB - 1/11/2005)
    In an unpublished 1/11/05 decision, the AAO upheld the VSC Director’s denial of a national interest waiver, asserting that the Petitioner’s past record of achievement does not justify a waiver of the job offer requirement. AILA Doc. No. 11101244.
    AILA Doc. No. 11101244.