Bait-and-Switch, USCIS-Style

Posted on 

The below article by White & Associates was recently published on the Immigrant Lawyer’s Weekly website – http://discuss.ilw.com/content.php?2396-Article-Bait-and-Switch-USCIS-Style-by-Kenneth-White Bait-and-Switch, USCIS – Style1 by  Kenneth White Reader Quiz: What is the difference between these two regulations? Executive capacity means an assignment within an organization in which the employee primarily: ( 1 ) Directs the management of the organization or a major component or function of the organization; ( 2 ) Establishes the goals and policies of the organization, component, or function; ( 3 ) Exercises wide latitude in discretionary decision-making; and ( 4 ) Receives only general supervision or direction from higher level executives, the board of directors, or stockholders of the organization. Executive capacity means an assignment within an organization in which the employee primarily: (A) Directs the management of the organization or a major component or function of the organization; (B) Establishes the goals and policies of the organization, component, or function; (C) Exercises wide latitude in discretionary…

Read more

What do bad plumbing and waiver applications have in common?

Posted on 

We’ve all seen the commercials with stunt cars and daredevil tricks, and the disclaimer at the bottom stating “Professionals at work. Do not try this on your own.”  That is why it is surprising that people with the means to hire a qualified lawyer to prepare a waiver application often do not do so: they are determined to try it on their own. The stakes could not be higher – an approval means a reunion in the United States for those located overseas, a denial can mean a lifetime of separation and the shattered lives of children – yet people are willing to learn as they go, to “experiment” on their own, to use whatever it is they can learn on the Internet to prepare their cases.  Waiver law is complicated, and preparing a waiver application requires skill, creativity, and experience. Even if a 601 or 212 application is denied,…

Read more