Most MurthyDotCom readers know that the PERM labor certification (LC) is the first in a three-step process in the majority of employment-based, permanent resident (commonly referred to as "green card") cases. Our readers may be less familiar, however, with the steps that must be taken,...
Employers of foreign nationals holding H1B, H1B1, and E-3 statuses are held to certain requirements stemming from the underlying labor condition applications (LCAs) filed with the U.S. Department of Labor (DOL). One such requirement is to maintain a file that is available for public inspection....
In the typical employment-based permanent residence (commonly, "green card") case, the second stage of the three-stage process is the employer's Immigrant Petition for Alien Worker, filed on the I-140 form. One of the essential aspects of the I-140 is the requirement that the sponsoring employer...
The Conrad 30 program allows a physician who is subject to the two-year home residency requirement (HRR) to waive the HRR by completing a three-year term of employment in H1B status in a federally designated health professional shortage or underserved area. Ordinarily, an employer change...
The P-1 nonimmigrant visa category is divided into two subcategories: P1A, which is reserved for internationally recognized athletes, and P1B, which is available to members of an internationally recognized entertainment group. The focus here is the P1B visa. Group Must Consist of Two or More Individuals Unlike...
In recent months, the U.S. Citizenship and Immigration Services (USCIS) appears to have begun to take a far less favorable view of expert opinion letters submitted to evidence that a position indicated in an H1B petition qualifies as a "specialty occupation." There has not been...
There are times when it is necessary to request that the U.S. Citizenship and Immigration Services (USCIS) forgive someone's failure to timely file a request to change or extend status. A request to change or extend status typically must be filed before the current nonimmigrant...
The H1B nonimmigrant program is one of the most versatile and widely used work visa programs in the United States. Therefore, having a good understanding of the program can be helpful for both workers and their respective employers. Below are some of the most common...
The L1A intracompany transferee classification is designed to allow a qualifying multinational company to transfer a foreign national executive or manager to a related entity in the United States. For an L1A petition, the employer typically must demonstrate to the U.S. Citizenship and Immigration Services...
Under the PERM labor certification process, supporting documentation is not submitted to the U.S. Department of Labor (DOL) with the PERM application. Instead, the employer must retain the required documents and produce them for the DOL in the event of an audit. The requirements for...
