Answer Nearly every green card category, including EB2 and EB3, has its own annual allotment of visa numbers. Then, if there are immigrant visa numbers remaining and unused in one employment-based (EB) category, they can be used for the next level of EB numbers. Even with...
When completing the ETA form 9089, application for permanent employment certification (PERM labor certification), employers may overlook a small but important question on the form: “Is there a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers, and/or incorporators?” Before breezing...
Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS usually rejects such cases and returns them to the applicants. (02.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Answer An H1B amendment generally would not be required based solely on the change in work location, where the new work location is within the same MSA and/or within reasonable commuting distance from the prior location. However, if there has been some other material change, such...
Answer Yes, it normally is permissible for the foreign national to pay all the fees related to an EB1(c) petition. (02.Apr.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 afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced that the agency had received enough registrations for unique beneficiaries to meet the regular H1B cap and the advanced degree exemption (i.e., the master’s cap) for fiscal year 2026 (FY26). All employers that submitted online...
Most foreign national workers in the U.S. understand that H1B status can be extended beyond the standard six-year maximum once they reach a certain point in the process of being sponsored for an employment-based green card. Managers and executives in L1A status, however, normally cannot...
The purpose of the labor certification process is to protect U.S. workers. It is a certification from the U.S. Department of Labor (DOL) that there are not able, willing, and qualified U.S. workers available for the offered employment or position. The labor certification is the...
Answer Generally speaking, if a person was issued an H1B visa “stamp” based on a case filed through the lottery, that person is considered cap-exempt (and therefore would not need to go through the lottery again). (19.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer A pending appeal on an H1B petition would not typically prevent a person from reapplying under the current year’s H1B lottery. (19.Mar.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...
