23 Feb 2023

I found a company willing to file an H1B registration for me in the lottery. However, the company only has one employee. Is that permitted?

Answer There is no set minimum number of employees a company must have in order to file an H1B registration or petition. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...

23 Feb 2023

I am in H1B status and have an offer to move to a new employer. My current employer will not give me a copy of my H1B approval notice. Is it possible to change to a new company without this notice?

Answer Ordinarily, in filing an H1B change of employer petition, there is no requirement to provide the USCIS with a copy of the current employer's H1B approval notice. (23.Feb.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online...

22 Feb 2023

USCIS Extends COVID-19 Flexibilities a Final Time: Through 23.Mar.2023

The U.S. Citizenship and Immigration Services (USCIS) has extended certain flexibilities related to the COVID-19 pandemic through 23.Mar.2023. The USCIS anticipates that this will be the final extension of these measures. Flexible Deadlines Applicable through 23.Mar.2023 Under the extension, applicants and petitioners will continue to have an...

09 Feb 2023

My brother is a partner in a U.S. company. Can that company file a PERM case for me? Would the fact that a family member owns part of the company increase the chances of it being denied?

Answer If the sponsoring company is owned by someone related to the foreign national being sponsored, that definitely can lead to a denial in a PERM case. In order for the case to be approved in that situation, the employer must be able to demonstrate that...

02 Feb 2023

I have less than one year of H1B time remaining, but the USCIS recently approved my H1B extension for three years. Am I allowed to remain in H1B status for the extra two years?

Answer The USCIS has been known to occasionally approve an H1B for a longer duration than is legally allowed. As a general rule, one should not rely on a USCIS error, as the USCIS generally will not consider themselves bound by their own mistakes. Assuming you...

02 Feb 2023

R-1 Visa Requirements

Congress created the R-1 visa classification to allow religious organizations to bring different categories of religious workers from affiliated religious organizations overseas to staff organizations in the United States for a temporary period. A basic overview of the R-1 nonimmigrant visa category is provided here...