Answer An H1B petition can be approved for a part-time position. If moving from a full-time position to a part-time one, an amendment typically would be required, and it should indicate that the new position is part time. (04.Jun.2025)Sheela Murthy and other senior attorneys provide guidance...
Given President Trump’s immigration directives, which focus heavily on enforcement efforts, there is growing concern surrounding possible increases in site visits and audits by various agencies involved in immigration enforcement. This article gives a non-exhaustive list of areas where employers can audit themselves or seek...
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...
Answer Including special skills often will increase the wage level, unless the U.S. Department of Labor determines that the skills are typical for an entry-level position in the occupation. (21.May.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE...
Answer No, this relationship likely would not suffice. You generally must show common ownership and control to have a qualifying relationship. (14.May.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright...
Under the PERM labor certification process, supporting documentation is not submitted to the U.S. Department of Labor (DOL) with the PERM application. Instead, the employer must retain the required documents and produce them for the DOL in the event of an audit. The requirements for...
Answer Yes, this generally is possible. A single LCA can have multiple worksites. And the H1B petition filed by the employer can indicate that the foreign national will work on two different projects at two different locations. (07.May.2025)Sheela Murthy and other senior attorneys provide guidance that...
Answer It is possible to be sponsored for an EB2 or EB3 position while still on OPT. But, even if the I-140 is approved, this would not exempt you from having to go through the H1B lottery. (07.May.2025)Sheela Murthy and other senior attorneys provide guidance that...
The L1A intracompany transferee classification is designed to allow a qualifying multinational company to transfer a foreign national executive or manager to a related entity in the United States. For an L1A petition, the employer typically must demonstrate to the U.S. Citizenship and Immigration Services...
Answer There is no specific requirement that an L1A manager or executive have reports in the United States. In practice, however, it tends to be much more challenging to achieve approval for a case where the L1A beneficiary does not have anyone in the U.S. to...
