The U.S. Department of Homeland Security (DHS) has published a proposed rule that, if implemented, would reaffirm long-standing guidance applicable for determinations of whether an individual will become a public charge. In its announcement, the DHS calls the rule "fair and humane," in contrast to...
Answer It is possible, but this can raise issues. The ownership interest must be disclosed on the I-129. Further, as with all H1B petitions, one must be able to demonstrate a valid employer-employee relationship.In general, when the H1B worker is a minority shareholder, demonstrating a valid...
Answer This is a fairly common issue that arises at U.S. ports of entry. We typically recommend contacting a U.S. Customs and Border Protection (CBP) deferred inspection site to request that the I-94 be corrected.Note that, in situations like these, it is virtually impossible to prove...
Answer Eligibility for E-1/E-2 and TN categories generally is based on country of citizenship. So, an Indian-born Canadian citizen typically is eligible to apply for either visa, assuming those nonimmigrant visa requirements otherwise are met. (10.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Congress is poised to pass an omnibus spending bill that would include a provision to reauthorize the EB5 regional center program. Assuming the bill is signed into law, it would also make a number of important changes to the EB5 program. Overview of Proposed Changes In addition...
The transfer of underlying basis of employment-based I-485 applications (i.e. interfiling) and AC21 portability provisions while the I-485 application is pending are discussed by Murthy Law Firm attorneys in this teleconference recorded 02.Mar.2022.The MP3 is available here and in the archive of our teleconferences and...
The Office of Information and Regulatory Affairs has completed its review of a final rule that would make premium processing available to additional categories of immigration benefits. The text of the rule has not yet been released, but, if implemented, the rule may make premium...
The U.S. Department of Homeland Security (DHS) has designated Ukraine for temporary protected status (TPS), due to the Russian invasion, which has resulted in a humanitarian crisis.Effective November 21, 2014, nationals of Liberia, Guinea, and Sierra Leone living in the United States are eligible to...
The U.S. Citizenship and Immigration Services (USCIS) has begun issuing employment authorization documents (EADs) separately from advance parole (AP) documents. This is being done in an effort to clear backlogs in EAD applications. Background on "Combo Cards" When a foreign national files an I-485 adjustment of status...
Answer There is no way to know ahead of time what the odds are of being selected in the H1B lottery. It will depend on the total number of registrations submitted for prospective H1B workers. (03.Mar.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
