11 Jun 2025

I was born in India but have Australian citizenship. I entered the U.S. a few years ago on E-2 to oversee an IT business I invested in. I have an Australian contractor I now wish to directly employ in the U.S. The individual does not have an ownership stake in the U.S. entity. Can an E-2 visa still be issued in this situation?

Answer Under the right circumstances, it is possible for a company to file an E-2 for an employee, as opposed to the investor. An E-2 employee must have the same nationality as the E-2 enterprise and must be coming to fill an executive, supervisory, or essential...

05 Jun 2025

Trump to Implement Travel Ban on Nationals from 12 Countries, Effective 09.Jun.2025

Yesterday, President Trump signed a proclamation barring the admission of nationals of twelve countries, and partially restricting admission of nationals from seven other countries, as of Monday, 09.Jun.2025. This total travel ban will apply to nationals of the following twelve countries:Afghanistan Chad Equatorial Guinea ...

05 Jun 2025

The project with my H1B employer is coming to an end. We found a new project I can work on, but it is only for about 20 hours per week. Is that permissible?

Answer An H1B petition can be approved for a part-time position. If moving from a full-time position to a part-time one, an amendment typically would be required, and it should indicate that the new position is part time. (04.Jun.2025)Sheela Murthy and other senior attorneys provide guidance...

28 May 2025

I have an approved I-140 in the EB3 category that was filed for the position of software developer. I recently was promoted to a managerial position. Does my employer need to file a new PERM case?

Answer Normally, unless the individual qualifies for AC21 (i.e., I-485 has been pending for at least 180 days and the new position is the same or similar), a new PERM case would be required in order to be sponsored under the new position. (28.May.2025)Sheela Murthy and...

28 May 2025

My H1B is valid until next year. If I apply for a change of status to H-4, can I continue to work while the application is pending?

Answer The H1B generally stays valid through its expiration date or until the H-4 change of status is approved, whichever comes first. (28.May.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...