Answer When filing an LCA for an H1B position, the wage level is determined based on the minimum requirements for the position. So, it typically is possible to file an H1B petition for an entry level position, even if the beneficiary has more education and/or experience...
The U.S. Citizenship and Immigration Services (USCIS) recently announced an updated policy regarding medical certification for disability exceptions (form N-648) to make the naturalization process more accessible for applicants with disabilities. The USCIS policy manual clarifies the manner in which medical professionals can properly complete...
The U.S. Department of Homeland Security (DHS) has announced that approximately 65,000 additional H2B visas will be made available for the current fiscal year. In addition, the White House is creating an H2B Worker Protection Taskforce designed to protect the integrity of the program and...
Answer The H-4 EAD program only allows a qualifying H-4 spouse to apply for an EAD. Unfortunately, an H-4 dependent child is not eligible to apply for an H-4 EAD. (02.Nov.2022)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer In order to be admitted in B-1/B-2 status, the burden is on the foreign national to demonstrate that she lacks immigrant intent for that particular trip. Given that you filed this petition for an immediate relative – and therefore, not subject to the numerical limitations...
Answer The 60-day grace period for an H1B worker normally begins following the last day of actual employment. While there are situations in which an H1B worker may be granted unpaid leave and still maintain in valid status, this generally is allowed only if it is...
Mr. Don Heflin, the Minister Counselor for Consular Affairs at the U.S. Embassy in India, recently conducted a question-and-answer session to update the public on the state of visa appointments at U.S. consulates in India. Staffing Levels Mr. Heflin noted that staffing levels at the consulates have...
Under U.S. immigration law, if a foreign national applies for a nonimmigrant visa or for admission to the United States as a nonimmigrant, the application often can only be approved if the individual can demonstrate a lack of immigrant intent. There are a few notable...
The D.C. Circuit Court recently ruled in favor of the U.S. government in a lawsuit brought by a worker's union, holding the F-1 optional practical training (OPT) and STEM OPT programs were lawfully enacted. The union unsuccessfully argued that the statute passed by Congress that...
Answer There are no special requirements for returning to an H1B position after an extended trip abroad. That being said, it may be a good idea to carry an updated letter from the employer verifying that the H1B position is still available. (26.Oct.2022)Sheela Murthy and other...
