26 Jun 2024

I understand that, for a company to qualify for L-1, both the U.S. and foreign company must be “doing business.” We process all of our sales through the U.S. company, while the foreign entity provides services solely for the U.S. company. Is that considered doing business for L-1 purposes? Does this also work if we want to use this for an EB1(c) case?

Answer Yes, it is possible for a company to meet the "doing business" requirement, even if one entity is solely providing services to the other entity. This can make the case more challenging, but the Murthy Law Firm has represented companies successfully in filing such cases,...

24 Jun 2024

Uncertain Future of Various Immigration Benefits

A unique feature of U.S. immigration law is how certain rules and policies can change depending on the presidential administration. A president’s ability to dictate and change immigration rules largely depends on whether a rule is statutory, regulatory, or administrative policy. Understanding the difference between...

12 Jun 2024

I was laid off from my H1B position. I got an offer, but the company says their only education requirement is a bachelor’s degree in any field. Is this sufficient for an H1B filing?

Answer In order to qualify for an H1B position, the minimum requirements generally must include at least a minimum of a bachelor's degree in a particular field. If a position will accept a bachelor's degree in any field, it normally will not qualify as an H1B...

12 Jun 2024

I am a Mexican citizen working as a mechanical engineer on a TN visa. My current job is coming to an end next month, but I received an offer for another mechanical engineer position. Do I have to go back to a consular post in Mexico to apply?

Answer No. In order to apply for a change in employer as a TN worker, the employer may file a petition with the USCIS, or, if the TN visa in your passport is still valid, it typically is possible to apply in person at a U.S....

11 Jun 2024

MurthyAudio: Self-Petition Filings – NIWs/EB1 Extraordinary Ability

Self-petition filings as an alternative to labor-certification based I-140 filings is the topic Murthy Law Firm attorneys address in this June 2024 podcast. Examples discussed include National Interest Waivers and EB1 Extraordinary Ability filings. The MP3 is available here and can be found in the archive...