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26 Jun 2024

I understand that, for a company to qualify for L-1, both the U.S. and foreign company must be “doing business.” We process all of our sales through the U.S. company, while the foreign entity provides services solely for the U.S. company. Is that considered doing business for L-1 purposes? Does this also work if we want to use this for an EB1(c) case?

Answer Yes, it is possible for a company to meet the "doing business" requirement, even if one entity is solely providing services to the other entity. This can make the case more challenging, but the Murthy Law Firm has represented companies successfully in filing such cases,...

12:18 / Employment Based / FAQs / For Employers / For Individuals / Resident / Worker
24 Jun 2024

Uncertain Future of Various Immigration Benefits

A unique feature of U.S. immigration law is how certain rules and policies can change depending on the presidential administration. A president’s ability to dictate and change immigration rules largely depends on whether a rule is statutory, regulatory, or administrative policy. Understanding the difference between...

12:34 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Worker
11 Jun 2024

MurthyAudio: Self-Petition Filings – NIWs/EB1 Extraordinary Ability

Self-petition filings as an alternative to labor-certification based I-140 filings is the topic Murthy Law Firm attorneys address in this June 2024 podcast. Examples discussed include National Interest Waivers and EB1 Extraordinary Ability filings. The MP3 is available here and can be found in the archive...

08:08 / EB1 Category / EB2 National Interest Waiver / Employment Based / For Employers / For Individuals / MurthyAudio / Resident
05 Jun 2024

A couple of years ago, I ported the priority date from my previous employer’s I-140 to the I-140 filed by my new employer. My old employer recently contacted me, and I am considering a move back to them. Would they have to re-file my PERM and I-140 because I ported the priority date?

Answer Requesting retention of a priority date does not void or otherwise invalidate the original I-140. If the previous employer did not withdraw the I-140, and if the position being offered to you is the same, it is possible that the same I-140 still could be...

12:32 / Employment Based / FAQs / For Employers / For Individuals / Resident
29 May 2024

I am Indian born and my EB2 case has a 2017 priority date. My daughter will turn 21 later this year, so I know she will age out before my case becomes current. If I make an EB5 investment, can I use that to get a green card for the entire family, or will she still age out? I see EB5 India is backlogged on the visa bulletin in one place, but not in other places, so I am not clear whether I have missed my chance to file.

Answer The EB5 category is a bit confusing on the visa bulletin because it is divided into four separate subcategories. There is EB5 Unreserved, and then three different Set Asides – rural, high unemployment, and infrastructure.If you invest in any of the Set Asides, the category...

13:13 / EB5 Investor / FAQs / For Families / For Individuals / Investor / Resident
27 May 2024

Murthy Success: EB1(a) Approved for Computer Networking and Info Security Expert

The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB1(a) category as persons of extraordinary ability (EA). In one such case, the immigrant petition (form I-140) was filed for an expert in the field of computer networking and information...

09:09 / EB1 Category / EB2 National Interest Waiver / Employment Based / For Individuals / NewsBrief / Resident / Success Story / USCIS News