Strategies for employers to consider while hiring H1B workers during the COVID-19 pandemic are discussed by Murthy Law Firm (MLF) attorneys in this December 2020 podcast. Based on cases that MLF attorneys have filed since COVID-19 began in March 2020, this discussion includes how to...
Legalization or decriminalization of marijuana or other narcotics at the state level can mislead noncitizens into thinking using such drugs in accordance with state law is legal. Marijuana, hallucinogenic mushrooms, and many other drugs are controlled substance under federal law. Therefore, the use, sale, purchase,...
Answer Yes, we are still waiting for the Department of Labor Office of Foreign Labor Certification (OFLC) to update the prevailing wage data. There is no word yet on when this will happen. (03.Dec.2020).Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
Answer It is very hard to say whether the Fairness for High Skilled Immigrants Act has a reasonable chance of being passed in the near future. The House and the Senate each passed different versions of the bill, and they do not have a lot of...
Last night, the U.S. Senate passed the Fairness for High Skilled Immigrants Act, which would eliminate the per-country cap on employment-based green cards, and increase the per-country limit for family-based categories. The Senate version is an amended version of the bill previously passed by the...
Today, a federal district court held that the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) violated the Administrative Procedures Act in issuing regulations that failed to go through the normal rulemaking process.The DOL rule was published on October 8,...
The U.S. Department of State (DOS) has published a notice of proposed rulemaking that, if finalized, would eliminate the B-1 in lieu of H classification. This category is intended to permit foreign companies to send their employees to the United States temporarily, for the purpose...
Answer No, the 60-day flexibility being provided by the USCIS does not cover H1B extensions. Your employer could make a nunc pro tunc requests (i.e., Request that the USCIS approve the extension request even though you were out of status at the time of filing.) But,...
Answer Ordinarily, if you are travelling on H1B (i.e., will be returning with a valid H1B petition and H1B visa "stamp,") this will not impact the pending I-485 or the pending EAD application. However, the AP application will normally be denied if you travel before it...
Answer One option may be to use an alternate wage survey. DOL regulations have long provided employers with the option to use an alternate wage survey, so long as certain requirements are met. (19.Nov.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
