When filing an H1B petition, employers may receive a request for evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS) asking for additional information before a decision is made. One of the most common issues raised in an RFE is whether the job qualifies...
Answer The current ownership structure generally would not work, as there must be common ownership and control of both the foreign and U.S. entities. If you change the ownership structure so that you own / control both entities, this would resolve the qualifying relationship issue and...
The H1B program has long been a valuable way for U.S. businesses to employ highly skilled workers. Recent regulatory changes implemented shortly before the end of the Biden Administration also have created an easier pathway for H1B workers who seek to establish their own businesses...
Answer You should be able to return on L1A or H1B. Either way, this should not impact your eligibility for the EB1(c) category. (22.Jan.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more...
Answer Unfortunately, there is no premium processing available for the PERM filed with the U.S. Department of Labor. (22.Jan.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 © 2025, MURTHY...
Answer It is possible to eMail USCIS lockbox support at lockboxsupport@uscis.dhs.gov to inquire about a filing that has not yet been receipted. You should include the form number, petitioner or applicant name, date of birth, and mailing address, as well as the lockbox the package was...
Today, the U.S. Department of State (DOS) released the February 2025 Visa Bulletin. In February, there is slight bit of movement in some, but not all, of the oversubscribed categories. All cutoff dates listed refer to those in the final action chart (i.e., Chart A),...
The Murthy Law Firm often assists foreign nationals in fixing an erroneously issued I-94 card. In the years since U.S. Customs and Border Protection (CBP) replaced the paper I-94 card with an online I-94 system, we have noticed a significant increase in instances of people...
Answer By law, certain H1B filing fees must be paid for by the employer, and cannot be reimbursed by the employee. But, in practice, all fees associated with the preparation and filing of an H1B petition must be covered by the employer. The U.S. Department of...
There are certain documents that a U.S. employer is required to complete and maintain for some or all of its workforce. These requirements are especially important for employers of foreign national workers. As the political landscape shifts and we anticipate stricter enforcement of immigration laws...
