As we approach the H1B cap-filing season for fiscal year 2015 (FY15), we wish to clarify some of the common misunderstandings regarding the annual limit or cap. Given the stress and timing considerations that accompany H1B cap-subject filings, it is important not to improperly assume...
Answer: A person in H-1 status could convert to J-1 for a medical residency. The issue with the change to J-1 is that it does not have premium processing as an option. So, timing is an issue. If the program starts before the J-1 can be...
Mergers and acquisitions frequently result in critical immigration compliance issues that must be addressed, as explained in the MurthyDotCom NewsBrief, Mysteries of Mergers & Acquisitions: Basics of Immigration Due Diligence (26.March.2012). It is typically the responsibility of a human resources manager or other company representative,...
The U.S. Department of Labor (DOL) iCert system has, of late, been exhibiting some intermittent technical problems. The iCert system is used for a number of immigration-related processes, including labor condition applications (LCA), which are necessary for the H1B process, and PERM labor certification cases....
As explained in Part 1 of this article, the Department of Homeland Security's Office of Inspector General (OIG) recently released a report with its findings and recommendations regarding the L-1 intracompany transferee program. Part 1 discussed the OIG's findings of inconsistencies in adjudications. This second...
The U.S. Citizenship and Immigration Services (USCIS) has issued a brief announcement regarding the acceptance of H1B petitions (as well as H2A and H2B petitions) that were filed late because of the recent government shutdown. The following discusses the application of these instructions when seeking relief...
The U.S. Department of Homeland Security's Office of Inspector General (OIG) released a report analyzing the current state of the L-1, intracompany transferee program. The report, entitled Implementation of L-1 Visa Regulations, addresses perceived problems with the processing of L-1 cases, and provides suggestions to make...
Now that the U.S. federal government shutdown has thankfully ended, the U.S. Department of Labor (DOL) has resumed the processing of labor condition applications (LCAs). However, the bill to reauthorize funding for the federal government is only a stopgap, and is set to expire in...
Updated 7:00am (Eastern Time - U.S.) At 12:30am Thursday, 17.Oct.2013, President Obama signed a bill to reopen the U.S. government. Federal workers are returning to work today.----- NewsFlash! Senate Deal May End Government Shutdown - Updated 16.Oct.2013: Updated 4:27pm (Eastern Time - U.S.) Speaker Boehner has agreed to not...
The U.S. government is in a state of partial shutdown as of October 1, 2013 due to an inability to obtain congressional agreement on appropriations. As of October 1st, the Department of Labor iCert system is unavailable. This system is used for both PERM labor...
