18
Jan
2016
New Year’s Reminders for Employers (Part 3 of 3)
This series of articles has been updated. Please find the updated version of Part 3....
08
Jan
2016
I-140 EAD Proposal is Limited and Restrictive
The U.S. Department of Homeland Security (DHS) issued a proposed rule, on December 30, 2015, entitled "Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers." Included in the proposed rule is the long-awaited provision for the ability to obtain an...
06
Jan
2016
New Year’s Reminders for Employers (Part 2 of 3)
Please find the updated version of this MurthyDotCom NewsBrief here. ...
30
Dec
2015
NewsFlash! Proposed Rule Would Provide Improved Job Flexibility, Grace Periods, and More!
This morning, a proposed rule was published in the Federal Register that would provide a number of immigration benefits, including grace periods for certain nonimmigrant workers, improved job flexibility, and greater clarity on a number of existing immigration rules. Some of these benefits include:Once an...
28
Dec
2015
Reminder: Jan 15 Deadline to File H1B Amendments for Work Location Changes
As previously reported, the U.S. Citizenship and Immigration Services (USCIS) issued a final guidance memorandum on July 21, 2015 that details the requirements for filing an amended H1B petition based on an H1B employee being moved to a different worksite location. This memo implements the decision...
17
Dec
2015
USCIS Adds Online Virtual Assistant, Emma
The USCIS has improved their website with the addition of a virtual assistant named Emma. This is an effort to facilitate the public's ability to navigate the USCIS WebSite and gain access to general immigration information. Named after Emma Lazarus, author of the poem at...
10
Dec
2015
Improvements in PERM Process
The Office of Foreign Labor Certification (OFLC) has been considering the steps needed to improve the PERM labor certification (LC) process. These efforts are a response to President Obama's executive action seeking to improve the immigration process. The OFLC, which is part of the U.S....
23
Nov
2015
H1B “Remainder” Approvals, Even After Long Absence from U.S.
The Murthy Law Firm has received many inquiries from those seeking advice on returning to the United States in H1B status after having used only a portion of the six years of H1B status generally allowed. In a typical scenario, the individual obtains the H1B...
09
Nov
2015
IT Positions Lead H1B Occupations in FY2015
The U.S. Department of Labor (DOL) Employment and Training Administration (ETA) has released data on labor conditions applications (LCA) filed in connection with H1B petitions during fiscal year 2015 (FY15). The information reflects the number of LCA filings, as well as the most common occupations, the...
02
Nov
2015
Importance of Determining H1B Wage Levels
A decision issued by the U.S. Department of Labor earlier this year illustrates the importance of systematizing the selection of the wage levels when filing H1B petitions. In Quintanilla v. Myriad RBM Inc. the DOL considered whether the employer had paid the correct wage to...