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The Immigration Lawyers Podcast | Discussing Visas, Green Cards & Citizenship: Practice & Policy

In-Depth Discussions, Interviews, and Legal Analysis of Immigration Law and Practice with Professionals in the Field, with Host John Khosravi, Esq. Visas, Green Cards, and US Citizenship. Intended for Immigration Lawyers and Attorneys. Attorney Advertisement, please consult with an attorney. info@ImmigrationLawyersToolbox.com
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The Immigration Lawyers Podcast | Discussing Visas, Green Cards & Citizenship: Practice & Policy
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Now displaying: March, 2017
Mar 29, 2017

Review of several AAO Decisions regarding EB-1c Multinational Executive or Manager cases touching upon topics such as: Successors in Interest, Portability, Who is considered an "Employee", Functional Managers and Qualifying Relationships in Joint Ventures. Many of these same rules would apply in the L-1 Intracompany Transfer Context.

Successor-In-Interest & Portability in the EB-1c Context

Matter of N-Inc., ID# 129916 (AAO Jan. 13, 2017)

https://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2017/JAN132017_01B4203.pdf

Adjudicators Field Manual (AFM) 22.2(b)(5)(D)

https://www.uscis.gov/sites/default/files/ocomm/ilink/0-0-0-6423.html#0-0-0-417

Neufeld Memo For Aug. 6 2009

http://www.shusterman.com/pdf/Successor-in-Interest.pdf

CFR updated affective Jan. 17, 2017, affecting EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers

https://www.gpo.gov/fdsys/pkg/FR-2016-11-18/pdf/2016-27540.pdf

Who is an Employee in the EB-1c/L-1 Context?

Matter of A- Inc., ID# 96181 (AAO Jan.12, 20 17)

https://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2017/JAN122017_01B4203.pdf

Nationwide life. Ins. Co. v. Darden, 503 U.S. 318, 322-323 (1992)

https://www.law.cornell.edu/supct/html/90-1802.ZO.html

Functional Manager in the EB-1c/L-1 Context

Matter of G- Inc., ID# 96255 (AAO Feb. 17, 2017)

https://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2017/FEB172017_01B4203.pdf

Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016)

https://www.uscis.gov/sites/default/files/err/D7%20-%20Intracompany%20Transferees%20(L-1A%20and%20L-1B)/Decisions_Issued_in_2013/SEP132013_01D7101.pdf 

USCIS Adopted Decision of Matter of Z Link: https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2016/Matter-of_Z-A-Inc_Adopted_Decision-2016-02.pdf

My review of Matter of Z

http://www.jqklaw.com/uscis-adopted-decision-re-function-manager-l-1a-april-2016.html

Joint Ventures in EB-1c/L-1 Context

Matter ofUSAM-W-A-D-M-, Inc., ID# 102803 (AAO Feb. 28, 2017)

https://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2017/FEB282017_01B4203.pdf 

Matter of M-A-B-W-, Inc., ID# 97882 (AAO Feb. 14, 2017)

https://www.uscis.gov/sites/default/files/err/B4%20-%20Multinational%20Managers%20and%20Executives/Decisions_Issued_in_2017/FEB142017_01B4203.pdf

Matter of Hughes, 18 I&N Dec. 289

https://www.justice.gov/sites/default/files/eoir/legacy/2012/08/14/2917.pdf

8 CFR 214.2(l)(1)(ii)(K) Intracompany Transferees/Subsidiary

(K) Subsidiary means a firm, corporation, or other legal entity of which a parent owns, directly or indirectly, more than half of the entity and controls the entity; or owns, directly or indirectly, half of the entity and controls the entity; or owns, directly or indirectly, 50 percent of a 50-50 joint venture and has equal control and veto power over the entity; or owns, directly or indirectly, less than half of the entity, but in fact controls the entity.

Synopsis of L-1 AAO Decision Cases

http://www.jqklaw.com/synopsis-of-administrative-appeals-office--aao--l-1-case-decisions.html

Mar 27, 2017

Weekly Update, Tips & News March 19-25, 2017 about Trump Immigration Update, the Future of Immigration Practice & More

Mar 20, 2017

Tips and discussion about the Immigration Law Practice, Premium Processing, K-1s, Legislation, EO, Global Entry & More

Mar 12, 2017

Tips and discussion about CBP, the NVC's new online system, the Effects of the Executive Order and delays in some Naturalization Cases for March 4-11, 2017.

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