Employment Based Archives - Page 21 of 137 - Murthy Law Firm

24 Jun 2024

Uncertain Future of Various Immigration Benefits

A unique feature of U.S. immigration law is how certain rules and policies can change depending on the presidential administration. A president’s ability to dictate and change immigration rules largely depends on whether a rule is statutory, regulatory, or administrative policy. Understanding the difference between...

13 Jun 2024

DOL Retracts Certain PERM Labor Certification Approvals

The Office of Foreign Labor Certification (OFLC), which is responsible for adjudicating PERM labor certification applications for the U.S. Department of Labor (DOL), has retracted the approvals issued on an unknown number of labor certifications. The OFLC claims these approvals were issued in error. Background on...

06:50 / Employment Based / For Employers / NewsBrief / Resident

11 Jun 2024

MurthyAudio: Self-Petition Filings – NIWs/EB1 Extraordinary Ability

Self-petition filings as an alternative to labor-certification based I-140 filings is the topic Murthy Law Firm attorneys address in this June 2024 podcast. Examples discussed include National Interest Waivers and EB1 Extraordinary Ability filings. The MP3 is available here and can be found in the archive...

08:08 / EB1 Category / EB2 National Interest Waiver / Employment Based / For Employers / For Individuals / MurthyAudio / Resident

10 Jun 2024

July 2024 Visa Bulletin

This afternoon, the U.S. Department of State (DOS) released the July 2024 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The cutoff date for EB1 India advances significantly,...

17:53 / EB5 Investor / Employment Based / For Employers / For Individuals / Investor / NewsBrief / Resident / USCIS News

05 Jun 2024

A couple of years ago, I ported the priority date from my previous employer’s I-140 to the I-140 filed by my new employer. My old employer recently contacted me, and I am considering a move back to them. Would they have to re-file my PERM and I-140 because I ported the priority date?

Answer Requesting retention of a priority date does not void or otherwise invalidate the original I-140. If the previous employer did not withdraw the I-140, and if the position being offered to you is the same, it is possible that the same I-140 still could be...

12:32 / Employment Based / FAQs / For Employers / For Individuals / Resident

03 Jun 2024

Basic Eligibility Requirement for H-4 EAD

In May 2015, a regulation was implemented to finally allow at least some H-4 dependent spouses to obtain work authorization. Given that the program has been in place for nearly a decade, seasoned H1B workers and H-4 dependents are typically aware of the requirements to...

15:12 / Employment Based / For Families / For Individuals / NewsBrief / Worker

27 May 2024

Murthy Success: EB1(a) Approved for Computer Networking and Info Security Expert

The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB1(a) category as persons of extraordinary ability (EA). In one such case, the immigrant petition (form I-140) was filed for an expert in the field of computer networking and information...

09:09 / EB1 Category / EB2 National Interest Waiver / Employment Based / For Individuals / NewsBrief / Resident / Success Story / USCIS News

15 May 2024

My PERM case is under audit. Is there any way to expedite the PERM review process?

Answer There is no way to expedite the PERM process. The DOL has a very clear, absolute, no-expedite rule. You can look here on the DOL website to see the priority dates of the PERM cases under process. That information is typically pretty reliable. (15.May.2024)Sheela Murthy...

17:21 / Employment Based / FAQs / For Employers / For Individuals / Worker

15 May 2024

Can my wife continue to extend her H-4 EAD after the sponsoring employer withdraws the approved I-140?

Answer If at least 180 days have passed since the I-140 was approved, the USCIS will not revoke an I-140 based solely on it being withdrawn by the employer. Therefore, it typically can still be used by one's spouse for purposes of applying for an H-4...

17:18 / Employment Based / FAQs / For Individuals / Worker

13 May 2024

Determining Normal Position Requirements for PERM

When a PERM labor certification case is filed, the employer must state the minimum education and/or experience requirements for the sponsored position. If the employer requires a higher level of education and/or experience than what the U.S. Department of Labor (DOL) considers normal for the...

15:47 / Employment Based / InfoArticle / Resident

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