Answer A startup normally can file green card cases as soon as the company has sufficient income or, in some cases, investments, to establish its ability to pay the offered wage. It is about the company being in a position to offer the job and able...
Answer Neither the PERM labor certification process nor I-140 petition imposes any travel limitations on the sponsored employee. Travel considerations typically become a concern when the employee is pursuing the actual green card application process. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
Answer No, a denial of the H1B petition typically does not affect the PERM process. Similarly, if the PERM case is denied, the H1B petition normally would not be impacted. (06.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Recently, the U.S. Citizenship and Immigration Services (USCIS) submitted a proposed rule to the Office of Management and Budget (OMB), titled "Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions." While the text of the proposed rule has not yet been...
Answer Yes, an LCA and H1B petition may list work locations in two different states. (29.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2025, MURTHY LAW FIRM. All...
The U.S. Citizenship and Immigration Services (USCIS) announced today that the H1B cap limit for fiscal year 2026 (FY26) has been reached. This applies to both the 65,000 regular H1B cap limit as well as the 20,000 advanced degree (masters) cap exemptions.The USCIS only had...
President Trump signed a spending bill, dubbed the “Big Beautiful Bill,” into law on 04.Jul.2025. While the bill does not fundamentally change who is eligible for U.S. immigration benefits or create new, legal pathways, it dramatically increases funding for immigration enforcement and increases the financial...
Answer We have heard a few similar accounts. But, no, there is no limit to the amount of time an H1B worker may remain outside the U.S. and an LCA is not required for employment by a U.S. company of a foreign national who is located...
Answer The USCIS likely will announce whether a second lottery will be necessary by the end of July or beginning of August. (02.Jul.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
Answer The U.S. Department of Labor requires that the employer pay for the PERM labor certification and related expenses. The USCIS does not have the same view, so the expenses of the I-140 and I-485 (legal fees, filing fees, costs) can be paid for by the...
