Answer Normally, when the USCIS issues an RFE on an I-140 asking about "ability to pay," the agency wants to see evidence that the Petitioner has had the cash / resources to pay the I-140 offered wage from the date the labor certification was filed. (10.Dec.2018)In...
Congress has passed a short-term bill to fund the federal government for two weeks. The federal budget is now extended through December 21, 2018. This bill also extends various immigration programs for the same time period, including the employment-based, fifth preference (EB5) regional center program.Congress...
On December 3, 2018, the U.S. Department of Homeland Security (DHS) issued a notice of proposed rulemaking that would establish a registration requirement for cap-subject H1B petitions (i.e., petitions filed in the H1B "lottery"). The proposed rule is intended to reduce the costs associated with...
Answer The 240-day rule relates ONLY to employment authorization. One with a timely-filed extension can remain in the U.S. until a decision is made on the petition.Note also that this rule ONLY applies to extensions with the same employer, not to amendments or change-of-employer petitions. (03.Dec.2018)In...
Answer The H1B and the PERM/I-140 do not necessarily need to have the same job requirements. The I-140 is (technically) always for "future" employment (i.e. the job that one will perform upon receiving the green card). It does not need to be the same job. (03.Dec.2018)In...
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...
