Immigration laws contain protections against employer retaliation and termination in situations where an employee has disclosed violations of the labor condition application (LCA) requirements or cooperated with the U.S. Department of Labor (DOL) in investigations of such violations. The LCA is part of the H1B...
MurthyDotCom and MurthyBulletin readers were provided with information on the National Interest Waiver (NIW) option for international medical graduates (IMGs) in our August 29, 2008 article, NIW for Physicians Completing J-1 Waiver Service. In contrast, the labor certification-based permanent residence (green card) option for IMGs...
The California Service Center (CSC) of the U.S. Citizenship and Immigration Services (USCIS) held a liaison meeting with representatives of the American Immigration Lawyers Association (AILA) on August 6, 2008. During the meeting, the CSC addressed several questions of general importance submitted by AILA members....
The Administrative Review Board (ARB) of the U.S. Department of Labor (DOL) has ruled in a case, entitled Matter of U.S. DOL v. Dallas VA Medical Center, that the Dallas Veteran's Administration Medical Center (DVMC) is not a government research organization. Thus, the DVMC is...
As reported in last week's MurthyBulletin, the U.S. Department of State (DOS) Visa Bulletin holds some very good news in the employment-based, second preference (EB2) category for nationals of certain countries. The cutoff dates for India and China were advanced in excess of two years...
The Administrative Appeals Office (AAO) released a decision upholding the denial of an EB1 (extraordinary ability) petition in which the employer failed to demonstrate that the sponsored foreign national had extraordinary ability in a particular field. (Please note that the extraordinary ability petition is exempt...
Form I-765, which is used to apply for an Employment Authorization Document (EAD), has changed and the new form must be used as of May 27, 2008. This follows a change in the same form I-765 on April 8, 2008. Since many MurthyDotCom and MurthyBulletin...
Misprinted I-94 cards, used by Customs and Border Protection (CBP) in early 2008, are causing problems with Social Security number issuance. According to the American Immigration Lawyers Association (AILA), CBP received approximately one million I-94 arrival-departure cards that were missing the first digit. They utilized...
The U.S. Citizenship and Immigration Services (USCIS) responded to questions regarding green card renewals, expediting N-400 applications, and I-551 (temporary evidence of permanent resident status) stamps during the April 2008 National Stakeholder Meeting. Clarification on these matters is provided here for the benefit of MurthyDotCom...
The U.S. Citizenship and Immigration Services (USCIS) published a proposed rule in the Federal Register on May 9, 2008, entitled, Period of Admission and Stay for Canadian and Mexican Citizens Engaged in Professional Business Activities - TN Nonimmigrants (PDF 65KB). This rule proposes to extend...
