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...
The E-3 visa is a nonimmigrant, employment-based visa category available to qualifying Australian citizens. While very similar to the H1B classification, the E-3 classification has a few unique requirements and benefits. General Requirements Parallel Those of H1B Category The E-3 category allows an individual to enter the...
The employment-based, fifth preference (EB5) immigrant investor program provides an avenue for foreign nationals to become U.S. permanent residents ("green card" holders) based on a qualifying investment in a U.S. commercial enterprise. This category, established in 1990, was once underutilized, but has become a popular...
A number of criteria must be reviewed to determine if a person is eligible to apply for U.S. citizenship. As a starting point, the applicant must be a legal permanent resident (LPR) and at least eighteen years old. There are limited exceptions to this rule,...
The Trump Administration has taken a hard-line approach in regard to immigration enforcement. Reports of worksite raids, home visits, and public stops by U.S. Immigration and Customs Enforcement (ICE) agents have created anxiety for many in the immigrant community, even among those who are in...
On October 24, 2016, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that adopts the Administrative Appeals Office (AAO) decision in Matter of R-C-C-S-D- as official guidance for USCIS personnel. The AAO decision held that a public language immersion school may qualify...
In order to assist MurthyDotCom readers in their navigation of the complex immigration maze, this brief outline describes the main government entities involved in the immigration process of foreign nationals coming to the United States. The immigration process includes the granting of immigration benefits, as...
Immigration law is highly complex, often considered on the level of federal securities law or tax law in its intricacy and complexity. Misunderstandings are common and, frequently, get mixed in with helpful tips exchanged online and elsewhere. A common misconception is a mythical grace period...
The PERM labor certification application must state the sponsoring employer's minimum educational and/or experience requirements for the offered position. Thus, complications arise if the foreign national beneficiary gained all or a part of the required experience for the position while employed by the green card...
