Immigration laws contain protections against employer retaliation and termination in situations where an employee has disclosed violations of the labor condition application (LCA) requirements or cooperated with the U.S. Department of Labor (DOL) in investigations of such violations. The LCA is part of the H1B...
The California Service Center (CSC) of the U.S. Citizenship and Immigration Services (USCIS) held a liaison meeting with representatives of the American Immigration Lawyers Association (AILA) on August 6, 2008. During the meeting, the CSC addressed several questions of general importance submitted by AILA members....
The Administrative Appeals Office (AAO) released a decision upholding the denial of an EB1 (extraordinary ability) petition in which the employer failed to demonstrate that the sponsored foreign national had extraordinary ability in a particular field. (Please note that the extraordinary ability petition is exempt...
The U.S. Citizenship and Immigration Services (USCIS) responded to questions regarding green card renewals, expediting N-400 applications, and I-551 (temporary evidence of permanent resident status) stamps during the April 2008 National Stakeholder Meeting. Clarification on these matters is provided here for the benefit of MurthyDotCom...
The USCIS responded to questions posed by the American Immigration Lawyers Association's liaison committee and released information in April 2008 regarding a number of matters relevant to MurthyDotCom and MurthyBulletin readers. These include consideration of a multi-year Employment Authorization Document (EAD) and Advance Parole (AP)...
The Murthy Law Firm has received from the USCIS a response to a question that was previously unanswered.The U.S. Department of Homeland Security (DHS) issued a regulation entitled Extending Period of Optional Practical Training by 17 Months for F-1 Nonimmigrant Students With STEM Degrees and...
With the backlog in processing employment-based second and third preference cases (EB2 and EB3, respectively), particularly for nationals of India and China, other options like the employment-based first preference (EB1), employment-based fourth preference (EB4) and the employment-based fifth preference (EB5), all become more important for...
Information on the topic of immigrant petitions in the employment-based first preference (EB1) and the National Interest Waiver (NIW), employment-based second preference (EB2), categories has been provided for MurthyDotCom and MurthyBulletin readers in a series of articles and Frequently Asked Questions (FAQs). A number of...
The Administrative Appeals Office (AAO) recently dismissed the appeal of a petition for a Special Immigrant Religious Worker, finding that the beneficiary could not demonstrate that she had two years of paid employment prior to filing the petition. The AAO denied the petition for employment...
The Administrative Appeals Office (AAO), in a non-precedent case, upheld the denial of an I-140 petition for the multinational executive / manager of a restaurant, noting that a recitation of the beneficiary's vague and broadly-cast job responsibilities was insufficient to establish that she would be...
