The United States Citizenship and Immigration Services (USCIS) issued a new policy memorandum regarding the definitions of affiliate and subsidiary for the purposes of H1B filing fee determinations. The policy is being instituted to clarify a previously ambiguous portion of the American Competitiveness and Workforce...
Following the release of a memorandum in March 2017 related to H1B petitions filed for computer programmers, the United States Citizenship & Immigration Services (USCIS) has been issuing requests for evidence (RFEs) on the majority of H1B petitions accompanied by labor condition applications (LCAs) that...
The U.S. Department of Labor (DOL) is considering regulatory changes to form ETA-9035, which is the labor condition application (LCA) used in the H1B petition process. Included in the proposal are significant changes that address offsite placement and H1B dependency. The proposed changes were issued...
Just as employers and their respective attorneys were getting ready to file thousands of H1B cap subject petitions for fiscal year 2018, the U.S. Citizenship and Immigration Services (USCIS) released a memorandum dated March 31, 2017 that called into question whether a position classified as...
Answer If an H1B extension is timely filed and the person's I-94 then expires, an H1B change of employer (frequently referred to as a "transfer") typically would only be approved for consular processing unless the extension is approved. One should consult a qualified attorney in this...
Answer The "green card" process can typically be started at any time, regardless of one's current nonimmigrant status. (02.Oct.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.Access...
Answer Typically, there is no requirement that the foreign national be employed by the company sponsoring the PERM case until the green card is actually issued. In many circumstances, it can be helpful for the case to have the person employed by the sponsoring company from...
Yesterday, the U.S. Citizenship and Immigration Services (USCIS) informed the American Immigration Lawyers Association (AILA) that it will resume the availability of premium-processing service for all H1B petitions by October 3, 2017. The USCIS is expected to issue an official announcement to this effect in...
Answer This is not true. We have seen a huge number of these RFEs questioning level 1 wages. However, these can be responded to, and we have already received some approvals. (25.Sep.2017)In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that...
Answer If the H1B principal files for a change of employer, the H-4 dependents typically are not required to file anything. But, many people do to ensure that the H1B worker and H-4 family members all have the same expiration dates. (25.Sep.2017)In frequent sessions of our...
