In a recent letter to Congress, several organizations, including the American Bar Association (ABA) and the National Association of Immigration Judges, called for the creation of immigration courts that are independent from the U.S. Department of Justice (DOJ). These groups cited the conflict of interest...
Answer Even if there is no change in the work location, an H1B amendment is required when there is a "material" change in job duties. A promotion where the job duties are nearly the same likely would not be considered material. However, this is very much...
Answer On November 21, 2019, a new regulation will go into effect that raises the minimum investment amount for EB5 cases to $1.8 million, or $900,000 if the investment is made in a targeted employment area (TEA). A TEA is a rural area or area of...
Answer One in this situation should talk to a qualified attorney before taking any action. Normally, it is not possible to amend a cap H1B that has not yet gone into effect (i.e., the start date, which is typically October 1st, has not been reached and/or...
Answer In general, an LCA will be certified within 7-10 days, and occasionally more quickly than that. (31.Jul.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access more...
Answer To file for one's I-485 with another employer, a new PERM and I-140 would normally be required. But the approved I-140 still provides some benefits.Generally speaking, once an I-140 has been approved, the priority date can be used for any other I-140 filed on behalf...
Answer In most circumstances, a denial of one H1B petition would not impact the H1B petition that has already been approved. (24.Jul.2019)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat...
Answer One who receives an H1B denial is normally permitted to continue working pursuant to a previously approved H1B petition, as long as it has not been revoked. The only company that would normally be notified of a denial would be the employer that filed the...
Answer There is generally no requirement that an invitation letter be presented at all. However, they can be useful to evidence the purpose of one's proposed trip. If such a letter is submitted, a scanned copy is typically acceptable. (24.Jul.2019)In frequent sessions of our Chat, Sheela...
Most months, Charles Oppenheim, the U.S. Department of State (DOS) Chief of the Visa Control and Reporting Division, provides visa bulletin explanations and predictions. Following the release of the August 2019 Visa Bulletin, Mr. Oppenheim discussed some of the higher-than-normal demand in various categories, and...
