The H2A program was created in response to the shortage of agricultural workers in the United States. This program allows U.S. farms and agricultural businesses to bring foreign nationals to the U.S. to fill positions that are of a temporary or seasonal nature if certain...
A foreign national seeking to become a lawful permanent resident of the United States (i.e., a "green card holder") typically should be familiar with the concept of a priority date. For all employment-based (EB) preference categories, a foreign national's priority date is critical, as it...
To apply for status as a lawful permanent resident ("LPR") in an employment-based category, a foreign national typically must be sponsored by a U.S. employer. One exception to this, however, is the national interest waiver (NIW), which falls under the employment-based, second preference (EB2) category....
The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority...
Prior to there being a material change in an H1B employee's working conditions, the employer is ordinarily required to file an H1B amendment. It is not always clear whether a particular change is "material," but, in the context of a change in an H1B employee's...
For many, the close of each calendar year brings with it holidays and good cheer. For some, however, there looms the possibility of layoffs as employers assess their needs for the coming year. This is now true in the tech industry and its many H1B...
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 O-1 nonimmigrant category is reserved for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics (O1A), or who have a demonstrated record of extraordinary achievement in the motion picture or television industry (O1B). Unlike most other nonimmigrant visa categories, where...
"Can I file a green card for myself?" The Murthy Law Firm regularly receives inquiries like this from foreign nationals wondering whether it is possible to self-sponsor to become a lawful permanent resident (“green card” holder). While most of the employment-based categories require a U.S....
A large percentage of foreign nationals who come to work as physicians in the United States do so pursuant to H1B status. Ordinarily, the foreign national must be counted against the H1B cap before that individual is eligible to work in H1B status. This usually...
