The ETA form 9089, application for permanent employment certification (PERM labor certification) asks of employers: “Is the employer a closely held corporation, partnership, or sole proprietorship in which the foreign worker has an ownership interest?” As a variety of business arrangements could exist between employers...
Until relatively recently, the employment-based, second preference (EB2) category for India historically enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. This is no longer the case, however, prompting an increase in interest among Indians in...
The PERM labor certification is the first in a three-step process in the majority of employment-based, permanent resident (commonly referred to as “green card”) cases. Because of how long this process can take, foreign nationals studying in the United States often want to begin the...
This morning, the U.S. Department of State (DOS) released the October 2024 Visa Bulletin. Unfortunately, there is less forward movement than hoped for in this first visa bulletin of fiscal year 2025 (FY25). All cutoff dates listed refer to those in the final action chart...
Answer In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...
The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...
The U.S. Department of State (DOS) has announced that several employment-based (EB) immigrant visa categories will remain unavailable for the remainder of fiscal year 2024 (FY24). A category that is unavailable is one for which all the immigrant visa numbers have been exhausted for the...
Answer Typically, yes, it is possible to use work experience gained abroad, assuming the experience was related to the position. (28.Aug.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright ©...
Answer Yes, if the position meets the standard AC21 requirements, it is feasible to port one's case to a position that involves self-employment. Before doing so, however, it probably would be a good idea to discuss this with an attorney. (14.Aug.2024)Sheela Murthy and other senior attorneys...
Special handling, sometimes referred to as optional special recruitment, is a PERM labor certification process solely carved out for those who teach at U.S. colleges and universities. While similar to the regular PERM process, in that it requires a test of the U.S. labor market,...
