The U.S. Department of Labor (DOL) has made several changes to the ETA form 9035 labor condition application (LCA). The changes primarily impact employers who place workers at offsite locations and employers that are H1B-dependent. Background on LCAs An approved LCA from the DOL is necessary in...
On Monday, December 3, 2018, the U.S. Department of Homeland Security (DHS) is scheduled to publish a notice of proposed rulemaking in the Federal Register that, if enacted, would require employers filing cap-subject H1B petitions (i.e., petitions filed in the H1B lottery) to pre-register. The...
Answer The USCIS has no involvement is setting wages. H1B petitioners are required to pay the prevailing wage for a position, which can be ascertained using a variety of different wage surveys. Most employers utilize the U.S. Department of Labor wage data, which is available at...
Answer Talk to a qualified attorney. A company can ALWAYS revoke sponsorship of a green card prior to the GC being approved. The impact of this will differ, based on what stage one has reached in the process. (26.Nov.2018)In frequent sessions of our Chat, Sheela Murthy...
While the teleconference series offered by the Murthy Law Firm is designed for employers and their representatives, this information may be of interest to employees and to those considering launching a startup. In this teleconference, recorded November 7, 2018, Murthy Law Firm attorneys continue the...
Answer One normally could apply for H1B status with any job for which one is qualified (assuming the position is a specialty occupation). (19.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details...
Answer One is not considered to be counted against the H1B cap until the "cap" H1B petition is actually approved. One in this scenario normally would need to refile under next year's lottery. (19.Nov.2018)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide...
As stakeholders are no doubt aware, the U.S. Citizenship and Immigration Services (USCIS) under the Trump Administration has taken a narrow view of the educational requirements that are permitted for a position to be considered a specialty occupation for H1B purposes. Specifically, the USCIS has...
The U.S. Department of State (DOS) has released the December 2018 Visa Bulletin. There is a bit of movement for most of the oversubscribed categories, including in the employment-based, first preference (EB1) category. All cutoff dates referenced refer to the dates in the final action...
This evening, the U.S. Citizenship and Immigration Services (USCIS) announced that, effective November 19, 2018, implementation of the policy memorandum on the issuance of notices to appear (NTAs) is being expanded to include various additional categories of foreign nationals. More specifically, the NTA memo may...
