16 Dec 2020

I am working in H1B on as Senior Software Engineer, which was filed as a wage level 4 position. If I move to similar position with a different employer, can I be sponsored for a wage level 3 position?

Answer The wage level is determined by the requirements for the position. Working in a level 4 position now does not prevent an employer from later sponsoring you for a level 3 (or 2 or 1) position. (16.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that...

10 Dec 2020

A few weeks ago, my employer received the prevailing wage determination from the DOL with an incredibly high salary. My employer is not willing to pay this amount. Now that the DOL rule has been blocked by the courts, could we reapply to request a more reasonable salary?

Answer The employer does not necessarily have to completely reapply. Rather, any employer that wishes the DOL's Office of Foreign Labor Certification (OFLC) to review a prevailing wage determination issued based on October 8th regulation may do so by submitting a request for review before January...

03 Dec 2020

I understand that a court recently blocked the DOL rule that increased H1B wages. I have a prospective employer that wants to file an H1B transfer for me, but they told me that when they tried to submit an LCA, it still was showing the old (higher) wages. Is that true?

Answer Yes, we are still waiting for the Department of Labor Office of Foreign Labor Certification (OFLC) to update the prevailing wage data. There is no word yet on when this will happen. (03.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

03 Dec 2020

NewsFlash! Bill to End Employment-Based Per-Country Cap Inches Closer to Becoming Law

Last night, the U.S. Senate passed the Fairness for High Skilled Immigrants Act, which would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. The Senate version is an amended version of the bill previously passed by the...