09 Jul 2025

I am working on H1B and my employer has agreed for me to work from India for a few months, due to family reasons. I read online that there is a limit to how long an H1B worker may remain abroad. Is this true?

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...

25 Jun 2025

I currently work based on an H-4 EAD for a U.S. company that has an affiliate in India. Could I work from the U.S. for the Indian entity for one year and then qualify for an EB1(c) green card?

Answer In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

11 Jun 2025

I was born in India but have Australian citizenship. I entered the U.S. a few years ago on E-2 to oversee an IT business I invested in. I have an Australian contractor I now wish to directly employ in the U.S. The individual does not have an ownership stake in the U.S. entity. Can an E-2 visa still be issued in this situation?

Answer Under the right circumstances, it is possible for a company to file an E-2 for an employee, as opposed to the investor. An E-2 employee must have the same nationality as the E-2 enterprise and must be coming to fill an executive, supervisory, or essential...

05 Jun 2025

The PERM prevailing wage determination we received came back too high for our company. We also believe that the Department of Labor misclassified the occupation or improperly increased the wage level based on certain requirements. Can we appeal the determination?

Answer If an employer disagrees with the prevailing wage determination, they can first request a redetermination. If that is unsuccessful, they may request a director’s review. If that too is unsuccessful, the employer may appeal to the Board of Alien Labor Certification Appeals (BALCA). However, given...

05 Jun 2025

The project with my H1B employer is coming to an end. We found a new project I can work on, but it is only for about 20 hours per week. Is that permissible?

Answer An H1B petition can be approved for a part-time position. If moving from a full-time position to a part-time one, an amendment typically would be required, and it should indicate that the new position is part time. (04.Jun.2025)Sheela Murthy and other senior attorneys provide guidance...

28 May 2025

I have an approved I-140 in the EB3 category that was filed for the position of software developer. I recently was promoted to a managerial position. Does my employer need to file a new PERM case?

Answer Normally, unless the individual qualifies for AC21 (i.e., I-485 has been pending for at least 180 days and the new position is the same or similar), a new PERM case would be required in order to be sponsored under the new position. (28.May.2025)Sheela Murthy and...

21 May 2025

The PERM position we are sponsoring an employee for requires certain special skills. Will these skills increase the wage level determination for the position?

Answer Including special skills often will increase the wage level, unless the U.S. Department of Labor determines that the skills are typical for an entry-level position in the occupation. (21.May.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...

14 May 2025

I work for a company in India that has a contract with a U.S. company. They are our main client, and we do a lot of business with them. Is it possible to qualify for L-1 based on this relationship?

Answer No, this relationship likely would not suffice. You generally must show common ownership and control to have a qualifying relationship. (14.May.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...