Alan Lee
Top rated Immigration attorney in New York, New York
Alan Lee & Arthur Lee, Attorneys at Law
Practice areas: Immigration
Licensed in New York since: 1982
Education: Cleveland State University Cleveland-Marshall College of Law
Selected to Super Lawyers: 2011, 2013 - 2026 Alan Lee & Arthur Lee, Attorneys at Law
408 8th AvenueSuite 5A
New York, NY 10001 Phone: 212-564-9496 Email: Alan Lee Visit website
Details 
Alan Lee exclusively practices immigration law and covers the spectrum from non-immigrant visas such as H-1B and L-1, to federal court litigation including employment and family-based matters, investment immigration, asylum, and citizenship. He holds an AV preeminent rating in the Martindale-Hubbell Law Directory and is on the Bar Register of Preeminent Lawyers, the highest rating in both legal ability and ethical standards as judged by his peers. He has successfully concluded cases before USCIS, DOS, DOL, Consuls, Immigration Courts, Federal Circuit and District Courts, BIA, BALCA, USCIS Appeals Adjudication Office, and Regional Commissioners. Mr. Lee has authored approximately 2,103 legal writings in newspapers and journals on immigration, including Interpreter Releases, Immigration Daily, and Chinese language dailies World Journal and Sing Tao. His staff has fluency in multiple dialects of Chinese.
First Admitted: 1977, Ohio
Professional Webpage: https://alanleelaw.com/about-the-firm
Bar / Professional Activity
- Panel expert in seminars of the Immigration Law Weekly in areas of labor certifications and litigated employment cases.
Verdicts / Settlements (Case Results)
- BIA Affirms IJ Grant on Certification on Crime, Overbroad Statute, and Second Circuit Changed Law In Our Case (2022) – Alan Lee, Immigration Daily, 8/16/22, AILA website postings, #22081700(8/18/22), Benders Immigration Bulletin daily edition, 8/18/22, in an unpublished decision, In re A079 683 165, August 1, 2022, the BIA affirmed on certification the favorable decision that we received from the immigration court in one of our cases terminating proceedings against a permanent resident with a Virginia burglarious tools possession conviction. The issue was whether our client had to show that someone was actually prosecuted under the facially overbroad Virginia statute for the type of conduct which was not an immigration crime under the federal definition. The Board concluded that “the respondent was not required to make the showing, as the statute was facially overbroad and this case is under the jurisdiction of the United States Court of Appeals for the Second Circuit.” It further said that “The Second Circuit has interpreted the realistic probability test as being inapplicable if a state statute is facially overbroad” and “as the Immigration Judge correctly recognized, the Second Circuit has extended its case law to depart from the Board’s requirement of prosecution to satisfy the realistic probability test.”
- Matter of Leacheng International Inc., 26 I&N Dec. 532 (AAO 2015); Firstland International v. INS, 377 F.3d 127 (2d Cir. 2004); Chavan v. Drysdale, 513 F.Supp.990 (NDNY 1981).
Transactions
- H-1B SEASON UPON US – TIME TO BEGIN IF NOT ALREADY STARTED. USCIS STATISTICS ON PROJECTED LEVEL I AND LEVEL II WAGE SELECTION LIKELY WRONG by Alan Lee, Immigration Daily on March 3, 2026, 2026
- SUMMARY AND ANALYSIS OF THE NOVEMBER 6, 2025, STATE DEPARTMENT PUBLIC CHARGE CABLE by Alan Lee, Immigration Daily on December 10, 2025, 2025
- EAD AUTOMATIC EXTENSIONS ABRUPTLY ENDED by Alan Lee, Immigration Daily on November 4, 2025, 2025
- A LOOK AT THE WEIGHTED SELECTION PROCESS FOR CAP H-1B VISAS by Alan Lee, Immigration Daily on October 3, 2025, 2025
- CAP REGISTRATION H-1B SELECTION PROCESS MORE LIKELY TO BECOME WAGE-BASED THAN RANDOM SELECTION AFTER OMB PASSAGE OF PROPOSED RULE by Alan Lee, Immigration Daily on August 21, 2025, 2025
- IMMIGRATION NEWS THAT YOU CAN USE – JULY 1, 2025, LEVEL I PREVAILING WAGE CHANGES FOR VARIOUS OCCUPATIONS; CHECKING TO SEE WHETHER THE NEW MEDICAL FORM IS BEING USED; ONLINE H-1B CAP FILING REMINDER; WARNING ON WHAT TO LOOK OUT FOR IN NONIMMIGRANT VISA INTERVIEWS – MOST LIKELY APPLICABLE ALSO TO CBP AT PORTS OF ENTRY. by Alan Lee, Immigration Daily on July 15, 2025, 2025
- IMMIGRATION NEWS THAT EVERYONE SHOULD BE AWARE OF – TRUMP AND CONGO; 12 COUNTRY TRAVEL BAN; PEOPLE/SITUATIONS THOUGHT SAFE/LESS RISKY MAY NOT BE ANY LONGER; AILA WARNING OF INCREASED ARRESTS AT USCIS/ICE INTERVIEWS AND IMMIGRATION COURT HEARINGS AROUND THE COUNTRY; FRAMED, VILIFIED UNJUSTLY BY DHS SECRETARY, YET STILL SITS IN DETENTION. by Alan Lee, Immigration Daily on June 11, 2025, 2025
- Article: NONESSENTIAL TRAVEL OUTSIDE THE US NOT RECOMMENDED, ESPECIALLY FOR NONIMMIGRANTS. by Alan Lee, Immigration Daily on April 25, 2025, 2025
- TRUMP IMMIGRATION MOVES AGAINST THOSE WITH HOPE AND STATUS by Alan Lee, Immigration Daily on March 17, 2025, 2025
- H-1B MODERNIZATION RULE EFFECTIVE 1/17/25 – A LOOK AT COMMENTS AND RESPONSES, by Alan Lee, Lexisnexis.com on January 16, 2025; Immigration Daily on January 22, 2025., 2025
- TO BRING OR NOT TO BRING AN INTERPRETER TO THE IMMIGRATION INTERVIEW IN USCIS OFFICES THAT USUALLY PROVIDE ONE, by Alan Lee, Lexisnexis.com on December 9, 2024; Immigration Daily on December 17, 2024, 2024
- SHIFTING DATES OF AGE BEING FROZEN AND REFROZEN UNDER THE CSPA AND THE CONSEQUENCES, PART 2, by Alan Lee, Lexisnexis.com on October 16, 2024; the Immigration Daily on October 28, 2024, 2024
- SHIFTING DATES OF AGE BEING FROZEN AND REFROZEN UNDER THE CSPA AND THE CONSEQUENCES, PART 1, by Alan Lee, Lexisnexis.com on October 16, 2024; the Immigration Daily on October 25, 2024, 2024
- MUCH EMPLOYMENT BASED (EB) VISA MOVEMENT IN OCTOBER 2024 VISA BULLETIN; USCIS WILL ACCEPT DATES FOR FILING CHART FOR EB ADJUSTMENT OF STATUS CASES, by Alan Lee. , 2024
- HANDLING OF §212 (D) (3) WAIVERS FOR DACA HOLDERS AND OTHER UNDOCUMENTED COLLEGE GRADUATES BY CONSULAR POSTS. by Alan Lee, Immigration Daily on July 24, 2024, 2024
- IMMIGRATION NEWS THAT YOU CAN USE – FORMAGEDDON STARTING ON JUNE 3, 2024; A BLAH FOR THE JUNE VISA BULLETIN; USCIS PUBLISHED PROCESSING TIMES A WASTE OF TIME FOR F-4 CASES?, by Alan Lee, Immigration Daily on May 23, 2024 , 2024
- IMMIGRATION NEWS THAT YOU CAN USE: THE ENDING OF THIS YEAR’S H-1B REGISTRATION– WHAT ARE YOUR ODDS? APRIL 1 –COMPLEX INTERTWINING OF NEW FEES AND FORMS FOR CERTAIN APPLICATIONS AND PETITIONS; APRIL VISA BULLETIN MOVEMENTS AND PROJECTIONS; AN UNWRITTEN RULE FOR CONSULAR PROCESSING; NEW WORRIES FOR CHINESE GRADUATE STUDENTS REENTERING US, by Alan Lee, Immigration Daily on March 25, 2024, 2024
- H-1B REGISTRATION FINAL RULE OF FEBRUARY 2, 2024, AND MORE – GET READY!, by Alan Lee, Immigration Daily on February 12, 2024, 2024
- IMMIGRATION NEWS THAT YOU CAN USE –MATTER OF STOCKWELL BROUGHT BACK TO BEGINNING STATE; ANOTHER BIA DECISION AFFIRMS RIGHTS OF CONDITIONAL RESIDENTS THROUGH MARRIAGE by Alan Lee, Immigration Daily (1/31/2024)., 2024
- IMMIGRATION NEWS THAT YOU CAN USE – USCIS TAKES FIRST STEPS FOR H-1B CAP SEASON; POLICY MANUAL ON F-1 AND M-1 STUDENTS CLARIFIES POINTS OF LAW AND PROCEDURE by Alan Lee, Immigration Daily (1/22/2024), 2024
- IMMIGRATION NEWS THAT YOU CAN USE – EAD’S INCREASED TO FIVE YEARS FOR MANY CATEGORIES – QUESTION; KEEPING STRAIGHT UKRAINIAN AND VENEZUELAN TPS TIMETABLES; USCIS ADJUDICATING DEPENDENT NONIMMIGRANT APPLICATIONS ALMOST SIMULTANEOUSLY WITH PRINCIPAL PETITIONS, by Alan Lee, Immigration Daily, 10/31/23., 2023
- OCTOBER VISA BULLETIN BRINGS MANY CHANGES TO EMPLOYMENT-BASED PREFERENCES, by Alan Lee, Immigration Daily, 9/20/23., 2023
- CAN THE SCOTUS CASE, US V. HANSEN, HELP TO PROTECT ALIENS WHO MAY BE DEEMED INADMISSIBLE FOR ALIEN SMUGGLING?, by Alan Lee, Immigration Daily, 7/28/23., 2023
- IMMIGRATION NEWS YOU CAN USE –TO PHOTO OR NOT FOR N-400 FILINGS? WHERE ARE ALL THE I-601A CASES GOING? NEW VETTING CENTER FOR SPECIFIC AFFIRMATIVE ASYLUM CASES, by Alan Lee, Immigration Daily, 6/22/23., 2023
- IMMIGRATION NEWS YOU CAN USE – JULY VISA BULLETIN AND USCIS CHART ACCEPTANCE QUICK SUMMARY; WATCH OUT FOR DISTANCE LEARNING; DOS ADMINISTRATIVE PROCESSING TIME BEING SHORTENED, by Alan Lee, Immigration Daily, 6/14/23., 2023
- Article: Last Days to Start a Labor Certification Case, by Alan Lee, 5/21/23., 2023
- Article: MAY 2023 VISA BULLETIN MUSINGS ON FAMILY AND EMPLOYMENT BASED CATEGORIES, by Alan Lee, Immigration Daily, 4/21/23., 2023
- Article: PREDICTIONS ON NUMBER OF H-1B REGISTRATION APPLICATIONS; CSPA VIS-À-VIS USCIS ADJUSTMENT CHART, by Alan Lee, Immigration Daily, 3/8/23., 2023
- IMMIGRATION NEWS THAT YOU CAN USE – WHITE HOUSE EXPANDS AND RENEWS HONG KONG DEFERRED ENFORCED DEPARTURE PROGRAM; USCIS SETS SCHEDULE FOR H-1B CAP REGISTRATION PROGRAM; “FINAL” COVID-19 FLEXIBILITY DATES ADVANCED TO MARCH 23, 2023; USCIS ANNOUNCES NEW DATES FOR EXPANDED PREMIUM PROCESSING CLASSES OF CASES; TRUMP PUBLIC CHARGE RULE FINALLY KILLED BY SUPREME COURT?, by Alan Lee, Immigration Daily, 1/30/23., 2023
- “USCIS RECOMMENDATIONS ON FILING PAPER PETITIONS AND APPLICATIONS - WHAT WORKS AND WHAT NEEDS SOME THOUGHT” (2022) – Alan Lee, Immigration Daily, 12/6/22, explores the recommendations for submitting paper petitions and applications to USCIS put out by the agency on 11/16/22 and praises, pans, and requests clarifications on them. The author’s major concern is that in the haste to simplify filings by not binding documents, there may not be sufficient safeguards to ensure that the applications and petitions remain complete or parts adequately separated or highlighted before they are adjudicated., 2022
- SEACHANGE IN LINE FOR N-648 MEDICAL CERTIFICATION FOR DISABILITY EXCEPTIONS ADJUDICATIONS BY ALAN LEE, ESQ. (2022) – Alan Lee, Immigration Daily, 11/7/22, aligns the new changes in form and policy guidance by USCIS with historical past practices not conducive to use of the form in calling the changes encouraging and a possible seachange in the way that the applications will now be adjudicated., 2022
- "IMMIGRATION NEWS THAT YOU CAN USE – USCIS PRONOUNCES FINALITY TO H-1B SELECTIONS; CONSULAR PRACTICE; HAPPINESS OR SADNESS WHEN IJ’S DISMISS CASES; LITTLE TO DO IN OFFICE WITH SEPTEMBER VISA CHARTS; NRC NEWS; ETA 9089 FILLING WHERE NO SUNDAY NEWSPAPER." (2022) – Alan Lee, Immigration Daily, 8/23/22, sundry news including a very interesting article from the Wall Street Journal on the National Record Center, a place that in the past has been the graveyard of cases and from where it is very difficult to retrieve cases that are required to continue processing of applications; that NRC in Lee’s Summit, Missouri, is the central hub of storage, preservation, and overall management of A-Files prior to their long term, inactive storage in a NARA (National Archives and Records Administration) Federal Records Center and eventual permanent transfer to the National Archives. The WSJ article was occasioned by a suit for delayed citizenship revealing that citizenship officers are required to look through the histories when considering an immigration application; and that before the pandemic, USCIS routinely requested immigration histories from the archives in Kansas City without issue, but due to COVID and to minimize the time employees spent underground, the National Archives stopped responding to all but emergency requests. Finally in March, the archives fully reopened its facilities and as of May, it was processing all incoming requests. At the time of writing, there were 87,500 pending requests for immigration histories, down from a high of 350,000 in January. , 2022
- IMMIGRATION NEWS THAT YOU CAN USE: USCIS DOES THIRD ROUND OF H-1B PICKS FOR FIRST TIME; FILING ADDRESSES EXTREMELY IMPORTANT TO PAY ATTENTION TO; EAD CHANGES FOR H-4, L AND E DEPENDENTS; DECEMBER VISA CHART HOLDS A FEW BRIGHT SPOTS; NEW YORK DISTRICT OFFICE/CONTACT CENTER MEETING POINTS. (2021) – Alan Lee, Immigration Daily, 11/23/21, highlighting the mixed emotions that individuals have over the third round of H1B selection on November 19, 2021, as some are happy that they have another chance at being selected, but pointing out the downside of a number of organizations that might not be so willing and able to sponsor as they were earlier in the year and that the selectees may have moved on to other jobs, gone back to school, taken other nonimmigrant/immigrant options, or left the country., 2021
- IMMIGRATION NEWS THAT YOU CAN USE – NEW H-1B CAP SEASON RAMPING UP; DROPBOX USE EXPANDED FOR US VISAS OVERSEAS; F, M and J VISA APPLICATIONS MADE EASIER; MFL TERMINATION LETTERS AND NVC NEED FOR QUALITY CONTROL; FLEXIBILITY EXTENDED FOR TIME TO RESPOND TO USCIS ACTIONS; VISA PROBLEMS WHERE APPLICANTS LEAVE US BEFORE DECISIONS ON EXTENSION/CHANGE OF STATUS REQUESTS. (2022) – Alan Lee, Immigration Daily, 1/18/22, including alerting readers of a seeming need at the NVC for quality control as even we have been receiving MFL termination letters where we timely requested extensions from the agency; and the problems that applicants can face where they have filed timely request for extensions or changes of their stay and then leave the US before a decision is made – a situation made more common by scarcity of flights and cancellation of many during the time of pandemic., 2022
- IMMIGRATION NEWS THAT YOU CAN USE: CAP H-1B SELECTION PROCESS ANNOUNCED COMPLETE; EB-5 REGIONAL CENTER REAUTHORIZATION/REFORM LAW TO BEGIN IN MAY; TITLE 42 NEWS INCLUDING UKRAINIANS; NO MORE PAPER I-94S AT THE BORDER; THE DEPARTURE OF EXPANDED EXPEDITED REMOVAL. (2022) – Alan Lee, Immigration Daily, 3/31/22, alerting readers that the selection process for H-1B’s for FY-2023 was announced complete by USCIS on 3/29/22; that the EB-5 investor regional center reauthorization and reform law is to begin on 5/14/22, 60 days after the President’s signature; that under a CBP 3/11/22 memorandum, Ukrainians have gained an exemption from the pandemic bar of Title 42 to enter the US at the border in reaction to the invasion of their country by Russia; that CBP announced by notice on 3/18/22 it will no longer issue I-94 entry cards at land crossings on the border; that under a new 3/21/22 regulation, expanded expedited removal is rescinded so that it will be generally applied to individuals caught within 100 miles of the border or who have not yet been in the US for two weeks. The expanded Trump rule had applied to individuals who could not prove that they had been in the US for two years., 2022
- IMMIGRATION NEWS THAT YOU CAN USE – SOME MOVEMENT ON JULY VISA BULLETIN; RENEWED GUIDANCE ON DISTANCE LEARNING; CHANGED LOCKBOX FOR SOME I-485 EB FILINGS; NVC CURRENT PROCESSING TIMES; USCIS SAYS “GO FISH” (2022) – Alan Lee, Immigration Daily, 6/20/22, highlights USCIS guidance on 5/31/22 that the policy of allowing schools and students to engage in distance learning in excess of regulatory limits due to Covid-19 only applies to students who were actively enrolled on 3/9/20, and have continually complied with the terms of their nonimmigrant status. Students enrolling after 3/9/20 must adhere to the existing regulations regarding online learning. Under the March 2020 guidance, active F and M students are permitted to temporarily count online courses towards a full course of study in excess of the regulatory limits. Under the regulatory limits, online courses cannot count toward a full course of study for M and English language training students, and only one online or distance learning class can count toward a full course of study for an F-1 student during each term or semester., 2022
- IMMIGRATION NEWS THAT YOU CAN USE – CONTACTING USCIS ON REJECTED AND NO RECEIPT CASES; 3/10 YEAR BARS CAN BE SATISFIED IN SOME CASES WHILE LIVING IN US: NYC CIS DISTRICT OFFICE POLICY CHANGES COMING; FLEXIBILITY PERIOD FOR RFE’S, RFI’S, NOID’S, ETC. LIKELY AT AN END; AUGUST VISA CHART SHOWS MULTIPLE FB AND FEW EB CHANGES. (2022) – Alan Lee, Immigration Daily, 7/22/22 , educates readers on a little-known procedure on how to contact the agency on rejected filings and those on which no receipt is received; how individuals who are barred from returning to the US for three or 10 years can actually satisfy those bars while living in the US; new changes coming to the New York District immigration office on how it conducts adjustment of status interviews involving marriages by allowing “Stokes” type interviews to be conducted on the first interview and that it will require individuals to bring their own interpreters rather than using its own interpreters as in the past., 2022
Special Licenses / Certifications
- Practice before governmental agencies dealing with immigration law such as Department of Homeland Security, U.S. Department of State, and Department of Labor - including Visa Office and consul posts, Board of Immigration Appeals (BIA), Administrative Appeals Office (AAO), and Board of Labor Certification Appeals (BALCA). Licensed to appear before Southern, Eastern and Western District Courts in New York and Second Circuit Court of Appeals
Pro bono / Community Service
- Appearances before community groups, universities, colleges and institutes on immigration issues of interest to them. Participant in Ask-A-Lawyer program of LexisNexis/Martindale-Hubbell since 2013. Before moving to New York, staff attorney in Bowling Green, Ohio, for Ohio Migrant Legal Action Program (OMLAP) & then lead attorney in Bowling Green for its successor, Advocates for Basic Legal Equality (ABLE).
Educational Background
- B.A. graduate in English of UCLA 1973 and J.D. graduate of Cleveland-Marshall College of Law, 1977. Ohio bar, 1977; New York bar, 1982.
White Papers
- An article examining the unreleased State Department November 6, 2025, public charge cable which heavily restricts issuance of immigrant visas based on a number of factors never before used including obesity, inability to support throughout the lifetime, diabetes, taking public assistance before in any country including from private charities or private food banks, and English language proficiency. The article challenges the use of these factors as untrue indicators of the immigrant’s ability to support himself or herself; and that the cable is an attempt to only take in the healthy and affluent and reject undesirables such as those who are poor and weary and yearning to breathe free. The author calls it un-American and mean-spirited, and calls for its withdrawal., Summary and Analysis of the November 6, 2025, State Department Public Charge Cable, Immigration, 2025
- An article examining actions contemplated by Donald Trump’s allies and the role that the Heritage Foundation and its manual, Project 2025 900 odd page document, “Mandate for Leadership”, is expected to play in a second presidency by Mr. Trump, including mass deportations through state, local, federal, and military resources; eliminating family-based immigration categories; severely restricting prosecutorial discretion, targeting lawyers that the government labels as advancing “completely meritless arguments” before the immigration courts; Instructing the State Department to allow national security concerns to dominate over diplomatic concerns in issuing visas; reduce the number of visas issued to foreign students from “enemy nations”, etc. The article highlights the low law arrest rate of immigrants compared to the rest of the populace; and opines that considered decision-making based upon what is best for the country and not promoting a political agenda right or left is the mark of what will be a great President., The Second Presidency of Donald Trump – What Comes Next?, Immigration, 2024
- An article questioning the intended scope of the Biden administration’s fact sheet encouraging DACA holders and other undocumented university and college graduates who have approved nonimmigrant work petitions and are not eligible to change status in the US to consular process their visas with an expedited nonimmigrant waiver of the 3/10 year bars for unlawful presence. The article attempts to shape the upcoming Federal Register notice asking questions whether the contemplated program will have much effect given that only H-1B visas would seem to be applicable as a visa not requiring nonimmigrant intent and that most H-1B visas are issued under an annual cap of 85,000, which are already heavily fought over every year; and asks whether other visa categories can be named for which the program would be appropriate such as O-1 and TN., Before Federal Register Notice Appears, Questions Relating to the Executive Order of June 17, 2024, Affecting DACA Holders and Other Undocumented University and College Graduates, Immigration, 2024
- An article questioning Department of State timing in advancing movement in the January 2024 VISA bulletin and why these advances could not have come in October, the month traditionally reserved for large advances at the beginning of the government fiscal year. Alan Lee, Immigration Daily, (12/13/2023), Big Changes in January 2024 Visa Bulletin - Why Now?, Immigration, 2023
- This was the fourth of four articles on the notice of proposed rulemaking, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers,” published in the Federal Register on 10/23/23. Written comments are due on or before 12/22/23.Immigration Daily 11/24/23, Clear Beneficial Changes to the H-1B Program in the Proposal, Immigration, 2023
- This was the third of four articles on the notice of proposed rulemaking, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers,” published in the Federal Register on 10/23/23. Written comments are due on or before 12/22/23. Immigration Daily 11/21/23, Proposed Changes to the Evidence Required for Establishment of H-1B Specialty Occupation; Continued Reliance on OOH; Expanded Authority of DHS to Compare LCA Position with H-1B Petition, Etc. Mean Tightened Adjudication Standards, Immigration, 2023
- This was the second of four articles on the notice of proposed rulemaking, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers,” published in the Federal Register on 10/23/23. Written comments are due on or before 12/22/23.Immigration Daily 11/17/23. , The Litany of Abuses Described by USCIS to the H-1B Program Besides to the Registration System in the Proposed Rule Are Eye-Opening, Immigration, 2023
- Alan published a four-part series on DHS’notice of proposed rulemaking, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers,” published in the Federal Register on 10/23/23. The articles critiqued the viability of the proposed H-1B registration system, abuses caused by the current system directly and those abuses encouraged by it, and weighed in on the merits of the other proposed changes including tightening of adjudications and loosening of rigid rules. This was the first of four articles and was published in the Immigration Daily on 11/14/23. , The New Approach to the H-1B Registration System – Will It Work?, Immigration, 2023
- Alan Lee, Immigration Daily, 9/13/23, Another Call for Back to the Future Change of Policy for H-1B Cap Selections by January 2024, Immigration, 2023
- Alan Lee, Immigration Daily, 5/1/23., H-1B Selection Process a Travesty – Time to ‘Go Back to the Future’, Immigration, 2023
- Alan Lee, Immigration Daily, 3/22/23, Transit Policy At Border a Head Spinners; Last Days to Start a Labor Certification Case, Immigration, 2023
- Alan Lee, Immigration Daily, 1/24/23, 2023 and the US Demographic Timebomb, Immigration, 2023
- Alan Lee, Immigration Daily, 10/12/22, explains the current situation of why many family-based visa numbers have gone unused in recent fiscal years due to the pandemic, shortages in consular staff since most family-based cases are processed overseas, and Department of State priorities, and the reasons for which these cases can move forward in this fiscal year (10/1/22-9/30/23) with the renewed staffing and, hopefully, more attention being given to them by DOS., FAMILY-BASED PREFERENCE CASES TO PROGRESS IN FY-2023?, Immigration, 2022
- Alan Lee, Immigration Daily, 10/6/22, points out the confusion in the latest immigration court procedure memorandum and asks for better guidance from The Executive Office for Immigration Review on court room procedures as the memo authorizes immigration judges to each control the medium and mode of appearance of immigrants and lawyers. The article also highlights the new public charge rule which focuses on the prima facie acceptability of I-864 affidavits of support rather than attempting to highly scrutinize and impose liability upon financial sponsors; and asks if America should now move in the same direction as Canada which has lifted vaccination requirements on travelers to improve its economy citing reasons such as low rate of infection and a highly vaccinated population. , IMMIGRATION NEWS THAT YOU CAN USE – CONFUSION IN THE IMMIGRATION COURTS; NEW PUBLIC CHARGE RULE ON RESPONSIBILITY OF AFFIANTS GIVING I-864 SUPPORT; US – CANADA TAKING SEPARATE COVID PATHS, Immigration, 2022
- Alan Lee, Immigration Daily, 7/18/22, gives the short history of the Kerry Doyle prosecutorial discretion memorandum, multiple challenges against it in the circuit courts leading to a circuit split, and that the vacatur of the Doyle memo by the Fifth Circuit was headed to the Supreme Court on an emergency basis by the Biden administration. (After the release of the article, the Supreme Court upheld the vacatur temporarily and will take up the case later this year). The article served to alert readers that there was controversy and risk in applying for prosecutorial discretion based upon the memorandum., DOYLE PROSECUTORIAL DISCRETION MEMO SEEMINGLY HANGS IN THE BALANCE, Immigration, 2022
- Alan Lee, Immigration Daily, 5/18/22, includes the author giving favorable approval to the new USCIS policy of automatically giving 540 day extensions for employment authorization document renewal applications in which employment authorization is allowed during the pendency of applications but that had only been given previously for 180 days, and questioning whether the new USCIS way of informing the public of its processing times is anything more than a cosmetic change pointing out that it would be better for USCIS to work with Congress on the humanitarian reinstatement rule which can only be used following the death of the petitioner if the petition was previously approved and citing the published processing times of immigrant visa petitions, especially the F-4 category for brothers and sisters of US citizens which is listed as 138.5 months or 11 ½ years, and to be more tolerant in allowing motions to reopen where individuals say that they never received communications from USCIS and where their cases were denied for lack of response., IMMIGRATION NEWS THAT YOU CAN USE – DOYLE MEMORANDUM GIVES HOPE TO THOSE IN REMOVAL PROCEEDINGS; JUNE VISA CHART BIG EFFECTS; NEW 540 DAY EXTENSIONS FOR MANY EAD RENEWALS; MORE STATS ON H-1B SEASON; IMPROVEMENT ON USCIS PUBLISHED CASE PROCESSING TIMES?, Immigration, 2022
Scholarly Lectures / Writings
- Lectures before student groups at universities, colleges, and institutes on immigration laws. Approximately 2103 legal writings in newspapers and journals on immigration law; and a regular contributor to Martindale-Hubbell's Ask-a-Lawyer program.
Other Outstanding Achievements
- Firstland Int'l v. INS successfully challenged Legacy INS' policy of over 40 years of revoking approval of immigrant visa petitions under a nebulous standard of law. It was short-lived, however, as it was legislatively overturned by the Bush administration. Yet Firstland lives on as precedent that the government must comply with nondiscretionary duties established in law, and such failure is reviewable in federal courts.
- Matter of Leacheng International Inc. established nation-wide standards on the definition of “doing business” for multinational executives and managers to gain immigration benefits.
Honors
- Rated AV in Martindale-Hubbell Law Directory since 1994, AV Preeminent rating since 2010 with legend of highest possible rating in both legal ability and ethical standards, & in the Bar Register of Pre-eminent Lawyers since 2011. Also named Client Champion Platinum 2018 - 2021 by Martindale-Hubbell. Awarded twice by the government of the Republic of China in 1985 for outstanding work in immigration and human rights affairs; listed in 2025 & 2026 Best Lawyers in America®; selected for Who's Who in American Law; honorary editor of newspaper, Pakistan Calling; Sidney A. Levine Award winner at Cleveland Marshall College of Law for best legal writing in 1976/77. Recognized as one of New York area's "Top Rated Lawyers" by Martindale-Hubbell for 2012, 2014 - 2021., Martindale-Hubbell
Industry Groups
- Immigration Law
- Nationality Law
Office location for Alan Lee
408 8th Avenue
Suite 5A
New York, NY 10001
Selections
15 Years Super Lawyers
- Super Lawyers: 2011, 2013 - 2026