Answer Yes, gifted funds can be used for purposes of an EB5 investment. If any gift tax is owed, it would need to be paid, and the gift giver would need to provide documentation to show the lawful source of the funds being gifted. (14.Jun.2023)Sheela Murthy...
Answer Generally, if it is not possible to get an employment verification letter from the prior employer, it is possible to use coworker affidavits as evidence of past employment experience. (14.Jun.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Today, the U.S. Department of State (DOS) released the July 2023 Visa Bulletin. The most notable change in the latest visa bulletin is further retrogression in the employment-based, third preference (EB3) category. All cutoff dates listed refer to those in the final action chart (i.e.,...
Answer If there has been a material change to the nature of the position (as described on the ETA9089 form) that typically would require a new PERM labor certification and I-140 petition for that new position. Given that you have an approved I-140, however, you should...
Today, the U.S. Department of State (DOS) released the June 2023 Visa Bulletin. Most cutoff dates in the employment-based categories remain unchanged. 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 Preference (EB1)...
Today, the Office of Foreign Labor Certification (OFLC) announced that it is postponing the implementation date for using the new Foreign Labor Application Gateway (FLAG) system until June 1, 2023. The full announcement reads as follows: "Following up on the announcements of April 21, April 27,...
Answer Unfortunately, a PERM case that has only made it to the recruitment phase typically cannot be used as a basis for extending H1B status beyond the standard 6-year max. (11.May.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
The Office of Foreign Labor Certification (OFLC) soon will cease accepting form ETA 9089, application for permanent employment certification (PERM), via the legacy PERM online filing system, and instead will require all such applications to be submitted through the Foreign Labor Application Gateway (FLAG) system....
Answer Using money lawfully earned in the U.S. is perfectly fine for an EB5 investment. (03.May.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 FIRM. All...
The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority...
