On October 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a policy alert for the USCIS Policy Manual, to clarify how certain eligibility criteria will be evaluated under the employment-based, first preference (EB1) category for persons of extraordinary ability. An overview of the...
Certain employment-based immigration processes, such as the PERM labor certification and H1B nonimmigrant visa classification, require an employer to obtain a prevailing wage determination from the U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC). In all applicable immigration processes, the prevailing wage...
Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes of...
The ETA form 9089, application for permanent employment certification (PERM labor certification) asks of employers: “Is the employer a closely held corporation, partnership, or sole proprietorship in which the foreign worker has an ownership interest?” As a variety of business arrangements could exist between employers...
Until relatively recently, the employment-based, second preference (EB2) category for India historically enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. This is no longer the case, however, prompting an increase in interest among Indians in...
The PERM labor certification is the first in a three-step process in the majority of employment-based, permanent resident (commonly referred to as “green card”) cases. Because of how long this process can take, foreign nationals studying in the United States often want to begin the...
This morning, the U.S. Department of State (DOS) released the October 2024 Visa Bulletin. Unfortunately, there is less forward movement than hoped for in this first visa bulletin of fiscal year 2025 (FY25). All cutoff dates listed refer to those in the final action chart...
Answer In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024)Sheela Murthy and other senior attorneys provide guidance that clarifies...
The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In...
Answer There is no statute or regulation that specifically addresses this issue. Over the years, however, there has been some guidance indicating (or, at least, implying) that traveling while an H1B extension of stay is permissible, and that the beneficiary's new I-94 will go into effect...
