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30 Jun 2025

DOS Clarifies National Interest Exception Process for Travel Ban

Following the implementation of the travel ban implemented on 09.Jun.2025, many foreign nationals have been left with questions regarding their eligibility for visa issuance and admission to the United States. While the proclamation restricts entry for many, it includes provisions for exceptions, including a national...

11:44 / Consulates / Employment Based / Family Based / For Individuals / NewsBrief / Resident / Student / Travel / Visitor / Worker
26 Jun 2025

Overcoming a Finding of Fraud or Willful Misrepresentation at the Consulate

If U.S. consular officers determine that an applicant committed fraud or willful misrepresentation to obtain an immigration benefit, they can make a finding under Immigration and Nationality Act (INA) 212(a)(6)(C)(i) that makes the applicant inadmissible to the United States. A finding of fraud or willful...

11:47 / Consulates / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Visitor / Worker
25 Jun 2025

I currently work based on an H-4 EAD for a U.S. company that has an affiliate in India. Could I work from the U.S. for the Indian entity for one year and then qualify for an EB1(c) green card?

Answer In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

06:25 / Employment Based / FAQs / For Employers / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker
05 Jun 2025

The PERM prevailing wage determination we received came back too high for our company. We also believe that the Department of Labor misclassified the occupation or improperly increased the wage level based on certain requirements. Can we appeal the determination?

Answer If an employer disagrees with the prevailing wage determination, they can first request a redetermination. If that is unsuccessful, they may request a director’s review. If that too is unsuccessful, the employer may appeal to the Board of Alien Labor Certification Appeals (BALCA). However, given...

05:38 / Employment Based / FAQs / For Employers / Resident
28 May 2025

I have an approved I-140 in the EB3 category that was filed for the position of software developer. I recently was promoted to a managerial position. Does my employer need to file a new PERM case?

Answer Normally, unless the individual qualifies for AC21 (i.e., I-485 has been pending for at least 180 days and the new position is the same or similar), a new PERM case would be required in order to be sponsored under the new position. (28.May.2025)Sheela Murthy and...

15:38 / Employment Based / FAQs / For Employers / For Individuals / Resident