This morning, a proposed rule was published in the Federal Register that would provide a number of immigration benefits, including grace periods for certain nonimmigrant workers, improved job flexibility, and greater clarity on a number of existing immigration rules. Some of these benefits include:Once an...
As previously reported, the U.S. Citizenship and Immigration Services (USCIS) issued a final guidance memorandum on July 21, 2015 that details the requirements for filing an amended H1B petition based on an H1B employee being moved to a different worksite location. This memo implements the decision...
Congress is expected to vote on an omnibus bill by Friday that would fund the federal government through September 2016. Included in the 2,009-page bill is a provision that would add a fee of $4,000 per H1B petition and $4,500 per L-1 petition filed by companies...
The USCIS has improved their website with the addition of a virtual assistant named Emma. This is an effort to facilitate the public's ability to navigate the USCIS WebSite and gain access to general immigration information. Named after Emma Lazarus, author of the poem at...
The Office of Foreign Labor Certification (OFLC) has been considering the steps needed to improve the PERM labor certification (LC) process. These efforts are a response to President Obama's executive action seeking to improve the immigration process. The OFLC, which is part of the U.S....
The Murthy Law Firm has received many inquiries from those seeking advice on returning to the United States in H1B status after having used only a portion of the six years of H1B status generally allowed. In a typical scenario, the individual obtains the H1B...
The U.S. Department of Labor (DOL) Employment and Training Administration (ETA) has released data on labor conditions applications (LCA) filed in connection with H1B petitions during fiscal year 2015 (FY15). The information reflects the number of LCA filings, as well as the most common occupations, the...
A decision issued by the U.S. Department of Labor earlier this year illustrates the importance of systematizing the selection of the wage levels when filing H1B petitions. In Quintanilla v. Myriad RBM Inc. the DOL considered whether the employer had paid the correct wage to...
The U.S. Citizenship and Immigration Services (USCIS) has announced that, effective October 19, 2015, there will be a change in the filing location for a limited group of form I-140 employer petitions. This change is simply an effort to balance workloads between the Texas Service Center...
A federal judge has rejected a motion filed by the U.S. Customs and Border Protection (CBP) to dismiss a lawsuit that challenges a pattern of delays by the CBP in releasing documents requested under the Freedom of Information Act (FOIA). The U.S. District Court for...
