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20 Nov 2017

H-4 EAD Program may be in Jeopardy

The Murthy Law Firm continues to receive inquiries from those concerned about whether the program that allows certain H-4 spouses to apply for employment authorization documents (EADs) will be altered, or even terminated. For the time being, the H-4 program remains unchanged. But, there have...

12:48 / For Employers / For Families / For Individuals / Homeland Security / NewsBrief / Nonimmigrant Family / Worker
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20 Nov 2017

Scam Alert: USCIS Does Not Request I-9s by eMail

The U.S. Citizenship and Immigration Services (USCIS) is cautioning employers that official requests to review employment eligibility verification (form I-9) records are never sent by eMail. The USCIS reports that criminals are using a fraudulent eMail address - news@uscis.gov - to demand I-9 records from...

08:25 / For Employers / NewsBrief / USCIS News
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16 Nov 2017

OIG Report Criticizes USCIS Targeted Site Visits for H1B Verification

On October 20, 2017, the U.S. Department of Homeland Security's Office of Inspector General (OIG) released a report criticizing the U.S. Citizenship and Immigration Services (USCIS) Administrative Site Visits and Verification Program (ASVVP) and the use of targeted site visits. The report, entitled "USCIS Needs...

08:45 / For Employers / For Individuals / Homeland Security / NewsBrief / USCIS News / Worker
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13 Nov 2017

DOS & DOJ Partner to Combat Immigration Fraud and Workplace Discrimination

The U.S. Department of State (DOS) and the U.S. Department of Justice (DOJ) recently announced that they have formalized a partnership to facilitate information sharing between the agencies. This interagency cooperation is being undertaken with the stated goal of protecting U.S. workers and combating fraud...

08:26 / For Employers / For Individuals / NewsBrief / Visitor
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06 Nov 2017

Can a start-up consulting firm, with only a few employees, sponsor an H1B worker?

Answer Virtually any employer can file an H1B petition, assuming that they have specialty occupation work available and have an IRS employer identification number. (06.Nov.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For...

14:26 / FAQs / For Employers / For Individuals / Worker
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06 Nov 2017

No USCIS Deference to Prior Petition Approvals for Nonimmigrants

On October 23, 2017, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum affecting most nonimmigrant workers. This new policy memorandum rescinds a 2004 policy memo and portions of a 2015 policy memo that gave deference to previously approved petitions. The new policy...

11:23 / For Employers / NewsBrief / USCIS News / Worker
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01 Nov 2017

New Filing Location for Form I-129 Based on Employer’s Primary Location

Effective immediately, the U.S. Citizenship and Immigration Services (USCIS) filing address for a petition for a nonimmigrant worker (form I-129) will be determined based on the state where the petitioning employer's primary office is located. This is a change from the previous policy, which required...

08:29 / For Employers / NewsBrief / USCIS News / Worker
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25 Oct 2017

Source of Investment Funds for EB5 Cases

A key requirement of the employment-based, fifth preference (EB5) immigrant visa category is that the foreign national investor be able to clearly and thoroughly document the lawful source of the investment funds. The sourcing of the investment funds can be quite tedious, and is oftentimes...

08:41 / Complexities / EB5 Investor / Employment Based / For Employers / Investor / NewsBrief / Resident
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23 Oct 2017

Do all not-for-profit organizations qualify to hire cap-exempt H1B workers?

Answer No, not all nonprofits qualify to hire cap-exempt H1B workers. In general, nonprofit and government research organizations qualify. Not-for-profit universities and their nonprofit affiliates are also cap exempt. (23.Oct.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the...

15:44 / FAQs / For Employers / Worker
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18 Oct 2017

Policy Memo Defines ‘Affiliate’ and ‘Subsidiary’ for Purposes of Determining ACWIA Fee

The United States Citizenship and Immigration Services (USCIS) issued a new policy memorandum regarding the definitions of affiliate and subsidiary for the purposes of H1B filing fee determinations. The policy is being instituted to clarify a previously ambiguous portion of the American Competitiveness and Workforce...

13:53 / For Employers / NewsBrief / USCIS News / Worker
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Owings Mills, MD 21117 USA
410.356.5440

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Chennai, India:  +91.44.4003.5600

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