Given the complex nature of U.S. immigration procedures and requirements, many individuals face lapses and potential violations of their immigration statuses at some point during their periods of stay in the United States. We frequently address questions about resolving status and related problems, including the...
It is not unusual for a foreign national to be sponsored for an employment-based, third preference (EB3) position, and to later "upgrade" to an employment-based, second preference (EB2) position in a subsequent case, based on a higher level degree and/or additional work experience. For many,...
In most situations, to obtain U.S. lawful permanent resident status (i.e., a "green card") through an employment-based (EB) category, one must be sponsored by a U.S. employer for a position that is full time and permanent. The foreign national must intend to work in that...
Cutoff dates in the visa bulletin have moved significantly during the current fiscal year, resulting in thousands of individuals being able to file their respective I-485 applications for adjustment of status. As a result, the Murthy Law Firm is receiving questions pertaining to use of...
In Part 1 of this article, MurthyDotCom readers were provided with a step-by-step explanation of the months-long timeframe required for preparing PERM labor certification (LC) cases prior to filing. This continuation of that article explains the steps the U.S. Department of Labor (DOL) takes and...
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,...
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...
204(l) of the Immigration and Nationality Act (INA) governs the eligibility for certain continued immigration benefits to surviving family members through a deceased qualifying relative. 204(l) applies to the principal and any derivative beneficiaries of a pending or approved family-based visa petition, any derivative beneficiaries...
At the Murthy Law Firm, we receive many questions about immigration petitioning for relatives. While there are various nuances to this topic, we have simplified the initial, fundamental question: who may file for permanent immigration benefits to provide the "green card" for their relatives. These...
Most foreign nationals who apply for permanent residency (commonly, a “green card”), through the employment-based, fifth preference (EB5) immigrant investor category, meet the investment requirement by using the regional center program. Although the EB5 petition process is largely identical whether the immigrant investor applies through...
