With the arrival of fiscal year 2022 (FY22) H1B cap season, foreign nationals and employers should be aware of some important nuances of the H1B advanced-degree exemption, often referred to as the "master's cap." Clearly, the 20,000 H1B cap exemptions can be quite valuable for...
Answer There does not appear to be a clear answer to this question. While some activities would almost certainly be viewed as unauthorized employment (e.g., driving for Uber,) the answer is less clear for many types of activities, such as creating art.As a point of reference,...
Answer Accredited, nonprofit universities are generally cap-exempt employers. If a person is going to be employed by a cap-exempt employer, the standard H1B cap timelines would not apply. There is no need to submit a registration, apply in the lottery, etc. The petition can normally be...
On February 18, 2021, the U.S. Citizenship Act of 2021 (USCA) was introduced in both houses of Congress. This bill, which is modeled after a proposal laid out by President Joe Biden, would fundamentally transform the U.S. immigration system. However, this bill has a long...
Answer No, this is not correct. The 240-day rule does not apply to H-4 dependents, and it is not related to how long a person may stay in the U.S. Rather, the 240-day rule relates to work authorization in certain nonimmigrant categories, such as H1B, when...
Answer It is possible for an individual to be registered for the lottery by more than one U.S. company. However, a company cannot file multiple registrations for the same individual. Similarly, related or affiliated companies are not allowed to submit registrations for the same beneficiary, unless...
The U.S. Citizenship and Immigration Services (USCIS) announced today that, effective immediately, petitioners may request premium processing service for E-3 petitions. The request for premium processing can be made by submitting form I-907 along with the filing fee of $2,500.The E-3 visa category is a...
Foreign nationals requesting admission (or readmission) to the United States in H1B status, especially those serving as consultants in the IT industry, continue to face scrutiny from U.S. Customs and Border Protection (CBP) officers stationed at U.S. ports of entry. One tool CBP officers frequently...
Answer Ordinarily, an H1B amendment would not impact a pending H-4 extension. (18.Feb.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2021, MURTHY LAW FIRM. All Rights Reserved...
Answer In order to apply for an H-4 EAD, the foreign national generally must be physically in the U.S. Once the EAD application is filed, however, it typically is possible to travel abroad while the EAD application is pending. (18.Feb.2021)Sheela Murthy and other senior attorneys provide...
