Answer This is a grey area of the law and could create certain unique risks for foreign nationals. I recommend you schedule a consultation with an attorney who can review your situation more closely and advise you accordingly. (18.Feb.2021)Sheela Murthy and other senior attorneys provide guidance...
Each year, the U.S. Department of Health and Human Services (HHS) is responsible for setting federal poverty guidelines, which are used to determine whether an individual or family qualifies for certain government benefits. These guidelines are important in the immigration context, particularly with respect to...
Answer No, this is not true. The USCIS memo you are referencing was issued by the Trump Administration in February 2018. In June 2020, the USCIS officially rescinded the memo as part of a settlement agreement between the USCIS and IT Serve Alliance.The USCIS webpage that...
AnswerThe H1B executive order regarding H1B workers is scheduled to expire in March, although it is possible that President Biden could rescind it before then. Regardless, though, it has no impact on a person's ability to be sponsored in the H1B lottery. (11.Feb.2021)Sheela Murthy and...
Answer Assuming you have been counted against the H1B cap, moving to a cap-exempt employer would not prevent you from later returning to a cap-subject employer. (11.Feb.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
H1B cap filing season is nearly upon us, and the USCIS again will use the electronic registration system, which was first implemented in March 2020. Below are answers to a number of frequently asked questions sent by both foreign nationals and H1B employers. 1. What...
Tips for the upcoming H1B cap season, and the latest trends from the current Administration, including reminders on the H1B registration requirement, are the topic for the February 2021 podcast.The MP3 is available here, and is listed in the archive of our teleconferences and podcasts...
This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced that the H1B registration period for the fiscal year 2022 (FY22) will run from noon Eastern Time (ET) March 9 through noon ET on March 25, 2021. As discussed in yesterday's MurthyDotCom NewsFlash, USCIS Will...
Tomorrow, the U.S. Department of Homeland Security (DHS) will publish a rule in the Federal Register that will serve to delay implementation of the January 8, 2021 final rule that had been slated to significantly alter the H1B registration system. Under the now-delayed rule, which...
Answer Even if there is no change in the physical work location, if there will be a material change in the job from what was presented in the H1B petition, an H1B amendment generally must be filed. (04.Feb.2021)Sheela Murthy and other senior attorneys provide guidance that...
