The U.S. Department of State (DOS) has updated the Foreign Affairs Manual (FAM) with regard to how consular officers should analyze whether a foreign national will be considered a public charge. This update to the FAM also addresses the use of affidavits of support, which...
Murthy Law Firm attorneys get together for a special teleconference to discuss the impact of the troubling new USCIS policy memo on third-party placements in H1B petitions, and how employers should be prepared to address the requirements in their future H1B filings.The MP3 is available...
Answer Currently, the new memo only affects USCIS adjudications of H1B petitions. However, the consulates are always free to request additional documentation that they feel is necessary to verify that the H1B petition job is still valid. (26.Feb.2018)In frequent sessions of our Chat, Sheela Murthy and...
Answer An H-4 spouse typically can apply for the H-4 EAD at any time, based on the H1B holder's I-140 approval. If the H-4 extension is currently pending, you can provide evidence of the pending case and request that the USCIS approve the H-4 EAD based...
Answer An Alien Number, or "A" Number, is an identifying number that is normally assigned to an individual after an immigrant petition (e.g., I-140, I-130) is approved for that person, or if the individual has been in removal proceedings. Generally the A number would not appear...
... We have appealed that denial, and the appeal is still pending. In the meantime, can I reapply in this year's H1B lottery? Answer A pending appeal on an H1B case would not typically prevent a person from reapplying under the current year's H1B lottery. (26.Feb.2018)In frequent...
This morning, the U.S. Supreme Court refused the Trump Administration's request to hear a direct appeal of a federal district court's nationwide injunction blocking the termination of the Deferred Action for Childhood Arrivals (DACA) program. This means that, for the time being, those who had...
The U.S. Citizenship and Immigration Services (USCIS) released a memo yesterday that stresses the requirement for proper documentation when filing a petition for an H1B worker who will be placed at a third-party location. The policy memo states that petitioning employers that routinely place H1B...
Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit granted the Trump Administration's motion to hold the lawsuit challenging the legality of the H-4 EAD program in abeyance for 90 days. This means the lawsuit will remain suspended for the next 90...
The M-1 visa classification is designed for the benefit of foreign national students who are coming to the United States for a temporary period to pursue nonacademic or vocational studies. Vocational studies are often referred to as job training programs, and include programs such as...
