Answer While it is possible for a lawful permanent resident to sponsor a spouse for a green card, there currently are backlogs in this category. Filing the I-130 petition does not provide any immediate ability to remain in the U.S., and it is not possible to...
Answer Generally speaking, if an H1B worker uses all six years of H1B time and has no PERM or I-140 filed on their behalf, they would need to leave the U.S. for one year and then go through the H1B lottery again. (14.May.2025)Sheela Murthy and other...
Answer No, this relationship likely would not suffice. You generally must show common ownership and control to have a qualifying relationship. (14.May.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...
This morning, the U.S. Department of State (DOS) released the June 2025 Visa Bulletin. As with recent months, movement remains limited in the employment-based categories. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First...
There are reports of some USCIS field offices enforcing the REAL ID requirement for entry, but most continue to accept other types of authentic ID. Applicants should bring REAL ID-compliant ID to their interviews scheduled at USCIS offices to avoid issues....
Most foreign nationals who enter the United States receive an electronic I-94 record of their admission from the U.S. Customs and Border Protection (CBP). However, there are certain circumstances when an electronic I‑94 might not be issued. Not receiving an electronic I-94 does not necessarily...
The U.S. Department of Homeland Security (DHS) has reportedly frozen the Enumeration Beyond Entry (EBE) program under which noncitizens could request a social security number on various U.S. Citizenship and Immigration Services (USCIS) forms, including Form I-765, Application for Employment Authorization; Form I-485, Application to...
Under the PERM labor certification process, supporting documentation is not submitted to the U.S. Department of Labor (DOL) with the PERM application. Instead, the employer must retain the required documents and produce them for the DOL in the event of an audit. The requirements for...
Answer Yes, but there are specific limitations and considerations under the regulations implemented in January 2025. If you own more than 50 percent of the petitioning company or have majority voting rights, the USCIS will limit the initial H1B approval to a maximum of 18 months....
Answer Yes, this generally is possible. A single LCA can have multiple worksites. And the H1B petition filed by the employer can indicate that the foreign national will work on two different projects at two different locations. (07.May.2025)Sheela Murthy and other senior attorneys provide guidance that...
