25 Feb 2025

DHS Deputizes DOS Officers

The Trump Administration’s deportation program now also includes officers from the U.S. Department of State given special authority and instructions from the Department of Homeland Security....

20 Feb 2025

Qualifying as a Cap-Exempt Nonprofit Research Organization Under New H1B Rule

Last month, the U.S. Department of Homeland Security (DHS) implemented a final rule that updates the criteria for nonprofit and governmental research organizations sponsoring H1B visa beneficiaries under the cap-exempt category. This change is expected to expand the number of organizations that qualify as cap...

19 Feb 2025

The PERM prevailing wage determination we received is higher than the salary we are currently paying the sponsored employee, and we don’t want to increase their salary immediately. Is this a problem?

Answer The company is only required to pay the sponsored employee the PERM prevailing wage once they receive their green card. However, the company must demonstrate the ability to pay the prevailing wage from the time the PERM application is filed until the employee receives the...

19 Feb 2025

I am in H1B status, but I also have an EAD based on my pending I-485 application that I have not yet used. If I switch to my EAD, do I have to notify the USCIS of this change?

Answer If you wish to start working based on your EAD rather than continuing in H1B status, you typically should notify your employer so that your I-9 records can be updated, but there is no need to notify the USCIS. (18.Feb.2025)Sheela Murthy and other senior attorneys...

19 Feb 2025

I am currently in H1B status. If I file an application to change status to H-4 together with an H-4 EAD application, will both cases be approved at the same time? I am trying to avoid a gap in my employment authorization.

Answer Normally, the H-4 EAD application is approved at the same time, or shortly after, the H-4 change-of-status application. However, there is no way to guarantee this. (18.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...