Answer Yes, but there are some restrictions, including the requirement that the prevailing wage be valid at the time of filing the PERM application. (31.Jul.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...
AnswerGenerally speaking, if a case was filed in the master's cap but not selected, it is then placed in the lottery for the regular cap. Now, with a second lottery being conducted for fiscal year 2025 cap cases, both the regular and master's cap cases...
This morning, the U.S. Citizenship and Immigration Services (USCIS) announced that a second lottery will soon be held for fiscal year 2025. The USCIS will select additional H1B registrations randomly from those submitted in March 2024. The USCIS noted that the master's cap has been...
Answer No, there is no minimum amount of time you must be in the U.S. before an employer may file an I-140 for you, or before the I-140 can be approved. In fact, there is no requirement that the individual be in the U.S. at all...
The United States has a shortage of registered nurses, which has increased the demand for foreign nurses. For a U.S. healthcare employer seeking to hire a foreign nurse or a foreign nurse seeking options for working in the U.S., this article provides an overview of...
On July 15, 2024, the U.S. Department of State announced updated guidance in the Foreign Affairs Manual to ease the process of obtaining a nonimmigrant waiver in certain circumstances. More specifically, this guidance applies to a foreign national who has graduated from a U.S. university,...
Answer Yes, the most likely category is L1A for managers and executives and L1B for employees with specialized knowledge. In recent years, the Murthy Law Firm has been working with a growing number of companies involved in generic pharmaceuticals to help them file L-1 petitions. The...
Trending issues in L1A/L1B filings are under discussion among Murthy Law Firm attorneys in this Employer Podcast. Topics addressed include L1A functional managers, work location changes, and proving specialized knowledge. The MP3 is available here and can be found in the archive of our teleconferences and...
Answer Generally speaking, if a person travels while an H1B change of status petition is pending, the change of status request is considered abandoned. This means that, while the H1B petition itself can still be approved, it will only be approved for consular processing (i.e., it...
Answer Generally speaking, the fact that you are friends with the owner of a company would not prevent that company from filing a PERM case for you. Assuming the company has a position available for you, and otherwise meets the basic requirements, yes, it typically is...
