Today, the U.S. Department of State (DOS) released the February 2024 Visa Bulletin. Unsurprisingly, there is little-to-no movement in most of the employment-based categories. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First...
Answer It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but keep in mind that a significant percentage of PERM cases – perhaps around 1 out of 3 – are randomly selected for audit. So,...
To apply for status as a lawful permanent resident ("LPR") in an employment-based category, a foreign national typically must be sponsored by a U.S. employer. One exception to this, however, is the national interest waiver (NIW), which falls under the employment-based, second preference (EB2) category....
Answer In this situation, it may be possible for the education and experience to be used to qualify for an EB2 position. This, of course, assumes that the job being offered has EB2-level requirements. (04.Jan.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
The PERM labor certification process can be lengthy for employers and employees. During the wait, a company pursuing a labor certification for a prospective employee may be acquired, merge, change corporate structure, or change ownership. In such an event, the new entity may be able...
The U.S. Department of State (DOS) released the January 2024 Visa Bulletin this afternoon. There is significant movement in the employment-based, first preference (EB1) category, and far more modest movement in some of the other oversubscribed categories. All cutoff dates listed refer to those in...
Answer No, this normally would not impact an applicant's chances of being issued an F-1 student visa. (07.Dec.2023)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 © 2023, MURTHY LAW...
Answer No, you do not need the original I-140 approval notice for priority date retention. You can just reference the approved case receipt number information and include a copy of the approval, if available. (07.Dec.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer This is not necessarily a cause for alarm. A fairly significant percentage of PERM cases are randomly selected for audit. So, the mere fact that the case was selected for audit does not automatically mean anything was done incorrectly, or that the case will be...
Answer If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the priority...
