Certain employment-based immigration processes, such as the PERM labor certification and H1B nonimmigrant visa classification, require an employer to obtain a prevailing wage determination from the U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC). In all applicable immigration processes, the prevailing wage...
The Biden Administration’s new parole-in-place program is the topic of this Q/A session recorded for you by Murthy Law Firm attorneys. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes. ...
Answer Yes, the asylum program fee is still required, even if there is no employer. If you are self-petitioning, the fee is reduced to $300, which is the same fee that small employers pay. (25.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer There is no set limit for how long a person may remain outside the U.S. while an I-485 is pending, and the AP document generally remains valid as a travel document through the expiration date listed on the AP. However, the applicant must maintain a...
Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of...
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...
Answer Unfortunately, there is presently a backlog in the family-based category for green card holders sponsoring a spouse for a green card. Until the priority date is current, no I-485 can be filed. It also is not typically possible to apply for an EAD based on...
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...
