The H2A program was created in response to the shortage of agricultural workers in the United States. This program allows U.S. farms and agricultural businesses to bring foreign nationals to the U.S. to fill positions that are of a temporary or seasonal nature if certain...
A foreign national seeking to become a lawful permanent resident of the United States (i.e., a "green card holder") typically should be familiar with the concept of a priority date. For all employment-based (EB) preference categories, a foreign national's priority date is critical, as it...
To apply for status as a lawful permanent resident ("LPR") in an employment-based category, a foreign national typically must be sponsored by a U.S. employer. One exception to this, however, is the national interest waiver (NIW), which falls under the employment-based, second preference (EB2) category....
The PERM labor certification process can be lengthy for employers and employees. During the wait, a company pursuing a labor certification for a prospective employee may be acquired, merge, change corporate structure, or change ownership. In such an event, the new entity may be able...
In each permanent resident (“green card”) case, one must decide whether to request consular processing (CP) or adjustment of status (AOS). There are two possibilities for this last step in the green card process: adjustment of status within the United States or processing for an...
Pursuant to the regulations, the J-1 program was established to "increase mutual understanding between the people of the United States and the people of other countries by means of educational and cultural exchanges. Educational and cultural exchanges assist [the U.S. Department of State] in furthering...
International medical graduates (IMGs) often overcome the two-year home residence requirement (HRR) through a waiver based on the support of an Interested Government Agency (IGA). These waivers require three years of service as a physician in certain designated underserved areas. The grant of this waiver...
The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority...
Part 1 (15.Dec.2022) of this MurthyDotCom article provides a number of tips and reminders for companies to verify that they have remained in compliance with certain key employment and immigration regulations. This second part continues the discussion, focusing on wage issues related to H1B workers. Salary...
Prior to there being a material change in an H1B employee's working conditions, the employer is ordinarily required to file an H1B amendment. It is not always clear whether a particular change is "material," but, in the context of a change in an H1B employee's...
