In Part 1 of this article, MurthyDotCom readers were provided with a step-by-step explanation of the months-long timeframe required for preparing PERM labor certification (LC) cases prior to filing. This continuation of that article explains the steps the U.S. Department of Labor (DOL) takes and...
Most MurthyDotCom readers know that the PERM labor certification (LC) is the first in a three-step process in the majority of employment-based, permanent resident (commonly referred to as "green card") cases. Our readers may be less familiar, however, with the steps that must be taken,...
Foreign nationals who have filed adjustment of status applications (I-485s) can generally apply for employment authorization documents (EADs). However, many of these foreign nationals are already working in the U.S. pursuant to valid nonimmigrant status, such as H1B. Attorneys at the Murthy Law Firm frequently...
The purpose of the labor certification process is to protect U.S. workers. It is a certification from the U.S. Department of Labor (DOL) that there are not able, willing, and qualified U.S. workers available for the offered employment or position. The labor certification is the...
Moving from one employer to another in the best of circumstances can be stressful. For a foreign national who has an approved I-140, however, moving to a new employer - or even just a new position with the same company - can be absolutely nerve...
The U.S. Department of Labor (DOL) is considering regulatory changes to form ETA-9035, which is the labor condition application (LCA) used in the H1B petition process. Included in the proposal are significant changes that address offsite placement and H1B dependency. The proposed changes were issued...
Last night, Charles Oppenheim, Chief of the Visa Control and Reporting Division for the U.S. Department of State (DOS), was the featured speaker at the American Immigration Lawyers Association (AILA) D.C. Chapter meeting. During his talk, he provided some updated predictions regarding the employment-based, third...
Originally published December 31, 2010, this MurthyDotCom NewsBrief has been updated for our readers.The PERM labor certification process is lengthy and complex. While many receive good news at the end of the process, some PERM decisions are not favorable. The Murthy Law Firm often receives...
The U.S. Citizenship and Immigration Services (USCIS) recently designated an Administrative Appeals Office (AAO) decision on L1A functional managers as binding precedent. The case involved a small U.S. subsidiary of a large Japanese company. The AAO found that, in order to determine whether a person...
On March 18, 2016, the U.S. Citizenship and Immigration Services (USCIS) issued the finalized policy memorandum on determining whether a new job is the same or similar in the context of a job change pursuant to the American Competitiveness in the Twenty First Century Act (AC21)....
