Answer No. The filing of a PERM labor certification or Form I-140 does not terminate valid TN status. However, TN classification requires temporary intent, and an immigrant filing can create complications during visa issuance, admission, or a future TN application/petition. The timing of travel and future...
Answer An individual who is eligible for H1B portability generally may begin working for the new employer once USCIS receives and accepts for processing a properly filed, nonfrivolous petition. Portability is not available in every situation, however, and beginning employment before approval carries risk if the...
Answer Brief trips to the United States generally do not interrupt the continuity of qualifying employment abroad. However, days spent physically in the United States normally do not count toward the required one year. The employer should document the employment period with the qualifying entity abroad...
Answer Generally, yes. Unlike the H1B category, the TN classification does not have special immigration provisions that ordinarily require the employer to pay specified filing and attorney fees. Any repayment arrangement or payroll deduction still must comply with applicable employment and wage laws. (29.Sep.2026) Sheela Murthy and...
Answer Not necessarily. When checking a case on CEAC, the status may show only “Issued” or “Refused,” without distinguishing between a refusal that requires additional processing and a refusal that is based on another ground of ineligibility. Thus, a “Refused” status may reflect a refusal under...
Answer Yes. USCIS is still requesting the $100,000 fee for covered petitions, and the fee remains in effect and collectible for now. Although the U.S. District Court for the District of Massachusetts struck down the fee on June 8, finding it to be an unauthorized tax,...
Answer Generally, no. An H1B worker ordinarily may begin employment with the new employer as soon as the H1B transfer petition is properly filed with USCIS, assuming all other portability requirements are met. Employers may have their own onboarding policies, but the physical receipt notice is...
Answer To preserve and use a PERM PWD in a PERM case, at least one qualifying advertisement must be posted before the PWD expires. If the PWD expires before at least one advertisement is posted, the employer will need to obtain a new PWD and restart...
Answer While the reported U.S. Department of Homeland Security (DHS) reversal and clarification are encouraging, it remains unclear how the U.S. Citizenship and Immigration Services (USCIS) will apply the guidance in the memo. Adjustment of status (AOS) remains a discretionary benefit, and USCIS officers will continue...
Answer It remains unclear how the USCIS will apply this guidance and whether it could affect adjustment of status (AOS) applications that are already pending. However, based on reports from recent adjustment interviews, applicants may be asked to explain why they pursued AOS in the United...
