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22 Feb 2023

USCIS Extends COVID-19 Flexibilities a Final Time: Through 23.Mar.2023

The U.S. Citizenship and Immigration Services (USCIS) has extended certain flexibilities related to the COVID-19 pandemic through 23.Mar.2023. The USCIS anticipates that this will be the final extension of these measures. Flexible Deadlines Applicable through 23.Mar.2023 Under the extension, applicants and petitioners will continue to have an...

13:11 / Citizen / Employment Based / For Employers / For Individuals / NewsBrief / Resident / USCIS News
09 Feb 2023

My brother is a partner in a U.S. company. Can that company file a PERM case for me? Would the fact that a family member owns part of the company increase the chances of it being denied?

Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...

10:22 / Employment Based / FAQs / For Employers / For Individuals / Resident
02 Feb 2023

I have less than one year of H1B time remaining, but the USCIS recently approved my H1B extension for three years. Am I allowed to remain in H1B status for the extra two years?

Answer The USCIS has been known to occasionally approve an H1B for a longer duration than is legally allowed. As a general rule, one should not rely on a USCIS error, as the USCIS generally will not consider themselves bound by their own mistakes. Assuming you...

16:33 / FAQs / For Employers / For Individuals / Worker
02 Feb 2023

R-1 Visa Requirements

Congress created the R-1 visa classification to allow religious organizations to bring different categories of religious workers from affiliated religious organizations overseas to staff organizations in the United States for a temporary period. A basic overview of the R-1 nonimmigrant visa category is provided here...

12:25 / For Employers / For Individuals / NewsBrief / Worker
19 Jan 2023

I understand it is possible to be employed by two different companies at the same time while in H1B. Does it matter if the positions are in two different fields?

Answer No, it does not matter if the positions are in two different fields, provided the individual is qualified for both positions. (19.Jan.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

08:46 / FAQs / For Employers / For Individuals / Worker