Today, the U.S. Citizenship and Immigration Services (USCIS) announced that it may reopen and/or reconsider a denial issued on an H1B petition if the decision was based on one or more policies in three rescinded policy memos. The three rescinded memos are:"Determining Employer-Employee Relationship...
Effective immediately, the U.S. Citizenship and Immigration Services (USCIS) is permanently ending enforcement of the public charge rule finalized by the Trump Administration in August 2019. This stems from successful legal challenges to the final rule, and the Biden Administration's decision to cease the federal...
Answer The 180 days for job portability are generally counted from the received date. (11.Mar.2021)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 © 2021, MURTHY LAW FIRM. All Rights...
Answer It appears most H1B workers will qualify.As with the previous stimulus bills, the American Rescue Plan Act of 2021 excludes "nonresident aliens," which is a term defined by tax law. Most H1B workers are considered "resident aliens" under tax law, and therefore not excluded from...
An overview of the H1B cap registration for FY22, which remains the same as last year, is the subject of this discussion by Murthy Law Firm attorneys, recorded for the March 3, 2021 teleconference. The discussion focuses on the process taking place from noon, March...
In the wake of the rush of I-485 filings in October 2020, reports began to surface of the U.S. Citizenship and Immigration Services (USCIS) rejecting many applications filed by derivatives. Specifically, the USCIS rejected these applications for leaving boxes 3.a. and 9 blank in Part...
With the arrival of fiscal year 2022 (FY22) H1B cap season, foreign nationals and employers should be aware of some important nuances of the H1B advanced-degree exemption, often referred to as the "master's cap." Clearly, the 20,000 H1B cap exemptions can be quite valuable for...
Answer There does not appear to be a clear answer to this question. While some activities would almost certainly be viewed as unauthorized employment (e.g., driving for Uber,) the answer is less clear for many types of activities, such as creating art.As a point of reference,...
Answer Accredited, nonprofit universities are generally cap-exempt employers. If a person is going to be employed by a cap-exempt employer, the standard H1B cap timelines would not apply. There is no need to submit a registration, apply in the lottery, etc. The petition can normally be...
On February 18, 2021, the U.S. Citizenship Act of 2021 (USCA) was introduced in both houses of Congress. This bill, which is modeled after a proposal laid out by President Joe Biden, would fundamentally transform the U.S. immigration system. However, this bill has a long...
