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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...

17:15 / FAQs / For Employers / For Individuals / Resident / Worker
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...

16:59 / FAQs / For Employers / Worker
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...

09:32 / Employment Based / For Employers / For Individuals / Legislation / NewsBrief / Resident / Worker
25 Nov 2020

My employer and I just realized that my H1B expired last week. I previously read that the USCIS is giving an additional 60 days to respond to certain USCIS requests, like RFEs. Does that mean we get an extra 60 days to file my H1B extension?

Answer No, the 60-day flexibility being provided by the USCIS does not cover H1B extensions. Your employer could make a nunc pro tunc requests (i.e., Request that the USCIS approve the extension request even though you were out of status at the time of filing.) But,...

13:36 / FAQs / For Employers / For Individuals / USCIS News / Worker
19 Nov 2020

My employer is filing my H1B extension, but because of the new DOL rule, the prevailing wage has jumped up by about $30,000! My employer is not able to pay this amount. Are there any other options?

Answer One option may be to use an alternate wage survey. DOL regulations have long provided employers with the option to use an alternate wage survey, so long as certain requirements are met. (19.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...

17:06 / FAQs / For Employers / For Individuals / Worker
19 Nov 2020

After I was laid off from my H1B job a few months ago, I filed an application to change status to B-2. That application is still pending. A new employer wants to file an H1B for me. Can I start working upon filing?

Answer Assuming your grace period has passed, it generally is not permissible to begin working for the employer until the H1B is approved with an I-94. Note that, because the B-2 application is still pending, the USCIS might approve the H1B petition for consular notification. If...

17:03 / FAQs / For Employers / For Individuals / Worker