A decision issued by the U.S. Department of Labor earlier this year illustrates the importance of systematizing the selection of the wage levels when filing H1B petitions. In Quintanilla v. Myriad RBM Inc. the DOL considered whether the employer had paid the correct wage to...
This MurthyDotCom NewsBrief has been updated. The new article can be found at:https://www.murthy.com/2017/09/07/if-an-h1b-change-of-status-is-not-wanted-after-approval/...
The U.S. Citizenship and Immigration Services (USCIS) has announced that, effective October 19, 2015, there will be a change in the filing location for a limited group of form I-140 employer petitions. This change is simply an effort to balance workloads between the Texas Service Center...
The U.S. Citizenship and Immigration Services (USCIS) has announced that "… petitions filed on or after October 1, 2015, should not include the additional fee that was previously required by … Public Law 111-230 … for certain H1B and L-1 petitions." This filing fee, which only...
Congress approved a spending bill late this afternoon that will fund the federal government's operations through December 11, 2015. This serves to avoid a government shutdown, at least for the next two months.The bill passed today was also used to extend the regional center (RC)...
Because of a political fight at the federal level related to the annual budget, there is a possibility that the U.S. government will be forced to temporarily shut down, starting October 1, 2015. Such shutdowns are rare and there still is a chance that it...
The Board of Alien Labor Certification Appeals (BALCA) issued a decision on August 17, 2015 addressing whether an incorrect heading in an online advertisement was a valid reason for denying the PERM labor certification. In Matter of SDG Post Oak, BALCA held that an advertisement...
On August 17, 2015, the U.S. Citizenship and Immigration Services (USCIS) issued final guidance on its updated L1B adjudications policy. This USCIS policy memorandum, which went into effect August 31st, is substantially similar to the draft guidance released on March 24, 2015. Change to L1B Trend? The...
In a recent Board of Alien Labor Certification Appeals (BALCA) decision, BALCA agreed with the employer that a handwritten date noted on a printout of an advertisement for a job satisfies the employer's requirement for documenting dates of the ads on the company's website. As...
On August 10, 2015, the U.S. Citizenship and Immigration Services (USCIS) released a draft memorandum regarding certain legal requirements for the employment-based, fifth preference (EB5) immigrant investor category. The memo specifically addresses two key EB5 requirements: job creation and sustaining the EB5 investment over the two-year...
