12
Feb
2015
H1B “Master’s Cap” Pitfalls: Cautionary Reminder
This MurthyDotCom NewsBrief has been updated for our readers. Find the new article here....
02
Feb
2015
Alternate Way for H1B Employers to Satisfy Bona Fide Termination Requirements
Employers of H1B workers must comply with strict requirements enforced by the U.S. Department of Labor (DOL). One such requirement is the obligation to pay wages until there has been a bona fide termination of H1B employment. The applicable standard rules were established in a...
23
Dec
2014
Revised I-129 Requires Disclosure of Beneficiary’s Ownership Interest in the Employer
The U.S. Citizenship and Immigration Services (USCIS) has made a few revisions to form I-129, the petition for a nonimmigrant worker. The most notable change is the addition of a question on the H classification supplement, which asks, "Does any beneficiary in this petition have...
10
Nov
2014
DOL Report on H1B Positions, States and Employers
The U.S. Department of Labor (DOL) Employment and Training Administration (ETA) has released statistical data on labor condition applications (LCAs) filed by U.S. employers sponsoring H1B workers during fiscal year 2014 (FY14). The statistics provide data on the overall number of filings, as well as...
29
Oct
2014
USCIS Update on H1B and L-1 Site Visits
Top officials from the U.S. Citizenship and Immigration Services (USCIS) participated in an October 9, 2014 meeting with an American Immigration Lawyers Association (AILA) committee on immigration benefits. One key topic discussed during that meeting was the current state of the H1B and L-1 Administrative...
25
Sep
2014
NOIDs for “Virtually Identical” Cap-Subject H1B Petitions
The U.S. Citizenship and Immigration Services (USCIS) generally prohibits a company from filing multiple cap-subject H1B petitions for a single beneficiary in the same cap year. Related companies also face such restrictions, with some exceptions, but this aspect of the rule appears to have gone...
01
Aug
2014
Updated Guidance on H1B Eligibility for Nurses
On July 11, 2014, the U.S. Citizenship and Immigrant Services (USCIS) issued a policy memorandum that provides updated guidance to adjudicators to determine whether a particular nursing position meets the H1B category's specialty occupation requirement. This issue was last addressed by the USCIS in 2002. The...
24
Jul
2014
Ombudsman’s 2014 Report Addresses Concerns with USCIS
The Citizenship and Immigration Services Ombudsman (CIS Ombudsman) 2014 Annual Report was submitted to Congress on June 27, 2014. The report details various deficiencies found within the U.S. Citizenship and Immigration Services (USCIS), according to the Ombudsman's office, including problems with H1B and L-1 processing...
24
Jun
2014
July 11th Deadline to Submit Comments Regarding H-4 EAD Proposal
Many foreign nationals are anxiously awaiting news related to the proposed rules that would make certain H-4 spouses eligible to apply for employment authorization documents (EADs). It remains unclear when - or even if - the proposal will go into effect. However, the deadline for...
13
Jun
2014
When to Apply for H1B Visa in India with Approved Cap-Subject H1B for FY15
With approvals coming in for cap-subject H1B petitions filed for fiscal year (FY) 2015 and those selected in the lottery, we have been receiving calls from H1B beneficiaries and employers, seeking clarification on how early they can apply for H1B visas based on approvals received...