The PERM labor certification is the first in a three-step process in the majority of employment-based green card cases. A key component of the PERM process is the labor market test, where the employer must demonstrate via a regimented recruitment process that there is no...
As explained in the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022), leaving the U.S. after a prolonged stay beyond the expiration date of one's I-94 can trigger an automatic three- or ten-year bar. In 2012, the Board of...
Answer Yes, the types of recruitment will be different, but you can use the PERM process to sponsor a foreign national for a nonprofessional position. (05.Nov.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Becoming a lawful permanent resident (LPR) and obtaining a green card affords an individual many benefits, including the ability to freely travel to and from the United States. However, an LPR’s ability to travel and remain outside of the U.S. is not without limit. If...
Answer In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again.A person is generally allowed to use any remaining H1B time,...
Answer A fraud / misrepresentation finding makes one permanently inadmissible. The waiver that you applied for and received at the consulate waives inadmissibility only with regard to your admission as a nonimmigrant (e.g., H1B). In order to waive the inadmissibility for the purposes of becoming a...
Answer No, that is not correct. Whether you come to the U.S. on L1A or H1B should have no impact on your eligibility for the EB1(c) category. (16.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
Today, the U.S. Department of State (DOS) released the November 2024 Visa Bulletin. Unfortunately, there is no movement in any of the employment-based categories, with the exception of the EB4 program for certain religious workers, which was reauthorized by Congress through 20.Dec.2024. All cutoff dates...
The U.S. Citizenship and Immigration Service (USCIS) launched a new online filing process 08.Oct.2024, where an individual can file certain forms online by uploading a completed PDF application rather than completing an online form or physically mailing documents to the USCIS. Although the initial rollout...
Answer You may wish to consider obtaining an alternative wage survey, as this may show a more realistic wage for your area. The DOL may be able to consider that while issuing their wage determination. (08.Oct.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
