05 Mar 2025

My employer is filing an EB2 case for me, and I will need to use work experience to qualify. I understand I can only use experience I have gained with the employer filing my PERM case if certain conditions are met. Is experience I gained with my employer’s affiliate subject to the same restrictions?

Answer If the U.S. affiliate has a separate FEIN from the company sponsoring you, then experience gained with that affiliate is not subject to the “on the job” experience restrictions. The same typically is true for a foreign affiliate that is a separate business entity. (05.Mar.2025)Sheela...

20 Feb 2025

Qualifying as a Cap-Exempt Nonprofit Research Organization Under New H1B Rule

Last month, the U.S. Department of Homeland Security (DHS) implemented a final rule that updates the criteria for nonprofit and governmental research organizations sponsoring H1B visa beneficiaries under the cap-exempt category. This change is expected to expand the number of organizations that qualify as cap...

19 Feb 2025

The PERM prevailing wage determination we received is higher than the salary we are currently paying the sponsored employee, and we don’t want to increase their salary immediately. Is this a problem?

Answer The company is only required to pay the sponsored employee the PERM prevailing wage once they receive their green card. However, the company must demonstrate the ability to pay the prevailing wage from the time the PERM application is filed until the employee receives the...

19 Feb 2025

I am in H1B status, but I also have an EAD based on my pending I-485 application that I have not yet used. If I switch to my EAD, do I have to notify the USCIS of this change?

Answer If you wish to start working based on your EAD rather than continuing in H1B status, you typically should notify your employer so that your I-9 records can be updated, but there is no need to notify the USCIS. (18.Feb.2025)Sheela Murthy and other senior attorneys...