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...
Recent regulatory changes have reinforced the long-standing position of the U.S. Citizenship and Immigration Services (USCIS) that a certified labor condition application (LCA), in itself, does not establish that the position qualifies as a specialty occupation or that the LCA properly supports the H1B petition....
Answer A person in H1B status typically is entitled to the same family leave benefits as any other employee. Approved maternity leave under the FMLA provisions typically may be unpaid without violating one’s H1B status. (15.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the...
This morning, the U.S. Department of State (DOS) released the May 2025 Visa Bulletin. There is little-to-no movement in the employment-based categories. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1)...
Strategies for filing nonimmigrant status when H-1 and L-1 are not available options are discussed by Murthy Law Firm attorneys in this April 2025 podcast from our series recommended specifically for employers. The MP3 is available here and can be found in the archive of our...
Answer Ordinarily, the USCIS will not provide any form of notification to your current employer regarding a change of employer petition filed by another company. (09.Apr.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
