Today, the U.S. Department of State (DOS) released the December 2022 Visa Bulletin. The most notable change in the latest visa bulletin is additional retrogression in the employment-based, second preference (EB2) category. All cutoff dates listed refer to those in the final action chart (i.e.,...
Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in...
The ability to pay for I-140 petitions based on labor certifications and the I-864 Affidavit of Support for family-based green cards is discussed by Murthy Law Firm attorneys in this 02.Nov.2022 podcast.The MP3 is available here and in the archive of our teleconferences and podcasts...
Answer The general requirement is that a foreign national must be in valid status at the time an I-485 application is filed. If an H-4 dependent timely applies for an extension of status, once the I-94 expires, she remains in a period of authorized stay while...
Answer As a general rule, there is no direct, inherent risk in moving between multiple H1B employers. In fact, there have been numerous changes implemented to the H1B program over the years specifically to better ensure that H1B workers are able to change employers as needed....
Answer When filing an LCA for an H1B position, the wage level is determined based on the minimum requirements for the position. So, it typically is possible to file an H1B petition for an entry level position, even if the beneficiary has more education and/or experience...
The U.S. Citizenship and Immigration Services (USCIS) recently announced an updated policy regarding medical certification for disability exceptions (form N-648) to make the naturalization process more accessible for applicants with disabilities. The USCIS policy manual clarifies the manner in which medical professionals can properly complete...
The U.S. Department of Homeland Security (DHS) has announced that approximately 65,000 additional H2B visas will be made available for the current fiscal year. In addition, the White House is creating an H2B Worker Protection Taskforce designed to protect the integrity of the program and...
Answer The H-4 EAD program only allows a qualifying H-4 spouse to apply for an EAD. Unfortunately, an H-4 dependent child is not eligible to apply for an H-4 EAD. (02.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...
