The U.S. Department of Labor (DOL) has issued a guidance memorandum on how electronic postings can be used to satisfy an H1B employer's posting requirements when submitting a labor condition application (LCA). General Posting Requirements Prior to filing an H1B petition, the employer first must obtain a...
Answer Generally, an H1B petitioner can switch a case from Change of Status to Consular Notification. Whether it is a good idea, however, can depend on multiple factors. You and/or the employer should discuss this with an attorney before deciding how to proceed. (15.Apr.2019)In frequent sessions...
Answer The law provides specific criteria to qualify for EB1(c) as a manager or executive, which includes certain experience abroad. As a result, someone promoted to a managerial job in the U.S. does not necessarily qualify for EB1(c). (15.Apr.2019)In frequent sessions of our Chat, Sheela Murthy...
On March 27, 2019, the U.S. District Court for the Western District of New York granted summary judgment to a Canadian physician who sued the U.S. Department of Homeland Security (DHS) after U.S. Customs and Border Protection (CBP) refused him admission to the United States...
The U.S. Citizenship and Immigration Services (USCIS) announced this evening that it has completed the randomized H1B cap lottery selection process. The USCIS also confirmed that, as expected, it received more than 20,000 petitions that qualified for the advanced-degree exemption ("master's cap").The USCIS reported that...
While the teleconference series offered by the Murthy Law Firm is designed for employers and their representatives, employees and those considering launching startups may be interested in this information, as well. Many employers are familiar with the H1B and L-1 nonimmigrant visa programs, but there...
Answer In general, once one is counted under the H1B cap, it is possible to move back and forth between cap-subject employers and cap-exempt nonprofit employers until one has exhausted one's 6 years of H1B time. (08.Apr.2019)In frequent sessions of our Chat, Sheela Murthy and other...
Answer An H1B amendment is required if there has been a material change in one's job duties, or if one has moved to a new metropolitan area (MSA). Given that the new job is within the same MSA, an amendment likely would be necessary only if...
Similar to the policy announced this past fall for O-1/O-2 consultations, the U.S. Citizenship and Immigration Services (USCIS) is now accepting negative P consultations directly from labor unions. The measure is presumably to prevent fraud in the P-1, P-2, and P-3 petition process. Background on P...
On Friday, April 5, 2019, the USCIS announced that it had received sufficient filings for regular H1B cap subject cases for fiscal year 2020 (which will begin October 1, 2019). In essence, the USCIS confirmed that they had received more filings than the 65,000 regular...
