26 Feb 2025

I am about to apply for U.S. citizenship, but I was recently laid off. Since I do not have steady employment income at the moment, can I show my savings to prove I am not a public charge?

Answer There is no public charge requirement when applying for U.S. citizenship. In general, your employment status and amount you have in savings do not really matter when applying to naturalize, except for purposes of requesting a fee waiver. (25.Feb.2025)Sheela Murthy and other senior attorneys provide...

19 Feb 2025

The PERM prevailing wage determination we received is higher than the salary we are currently paying the sponsored employee, and we don’t want to increase their salary immediately. Is this a problem?

Answer The company is only required to pay the sponsored employee the PERM prevailing wage once they receive their green card. However, the company must demonstrate the ability to pay the prevailing wage from the time the PERM application is filed until the employee receives the...

19 Feb 2025

I am in H1B status, but I also have an EAD based on my pending I-485 application that I have not yet used. If I switch to my EAD, do I have to notify the USCIS of this change?

Answer If you wish to start working based on your EAD rather than continuing in H1B status, you typically should notify your employer so that your I-9 records can be updated, but there is no need to notify the USCIS. (18.Feb.2025)Sheela Murthy and other senior attorneys...

19 Feb 2025

I am currently in H1B status. If I file an application to change status to H-4 together with an H-4 EAD application, will both cases be approved at the same time? I am trying to avoid a gap in my employment authorization.

Answer Normally, the H-4 EAD application is approved at the same time, or shortly after, the H-4 change-of-status application. However, there is no way to guarantee this. (18.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...

12 Feb 2025

More than 180 days after my I-485 had been filed, I started interviewing for a new position. My I-485 was finally approved, however, before the company made a final job offer. Is it possible to port my green card to this new employer, now?

Answer AC21 portability is no longer an option after your green card has been approved. You typically are required to report to your sponsoring employer for work in this situation. (12.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...

12 Feb 2025

I recently became a citizen of Canada. If I invest $60,000 in a business in the U.S., can that be enough to qualify as a “substantial investment” to get an E-2 visa? Would it help if I brought in a partner to increase the investment amount?

Answer There is no set amount required to qualify for an E-2. Rather, what is required is that the investment be (1) substantial in a proportional sense; (2) sufficient to ensure the investor’s financial commitment to the successful operation of the E-2 business; and (3) of...