Answer The company is only required to pay the sponsored employee the PERM prevailing wage once they receive their green card. However, the company must demonstrate the ability to pay the prevailing wage from the time the PERM application is filed until the employee receives the...
Answer If you wish to start working based on your EAD rather than continuing in H1B status, you typically should notify your employer so that your I-9 records can be updated, but there is no need to notify the USCIS. (18.Feb.2025)Sheela Murthy and other senior attorneys...
Answer Normally, the H-4 EAD application is approved at the same time, or shortly after, the H-4 change-of-status application. However, there is no way to guarantee this. (18.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
On 18.Feb.2025, DOS updated the categories of applicants eligible for a nonimmigrant visa interview waiver to include certain A, C, G and NATO categories, among others, provided that all other eligibility criteria are met....
Does your USCIS I-485 online case status show “Reject After Ingest?” The word “ingest” (or “ingestion”) may be used here to mean “receipt.” This uncommon case status means that your I-485 was filed (and received or “ingested”) when your priority date was not current. Make...
Last month, the U.S. Department of State quietly changed the eligibility requirements for nonimmigrant visa applicants in India seeking an interview waiver (commonly referred to as “dropbox” appointments). These changes, which appear to have been made without a formal announcement, are outlined on the U.S....
U.S. employers of foreign workers want to know what to expect from a USCIS FDNS site visit and practical tips if an officer shows up on site, including document compliance to maintain. These are discussed in this Feb 2025 podcast produced specifically for employers. The MP3...
The eligibility criteria for a “dropbox” visa interview waiver has been updated for India. Now, the applicant’s prior visa cannot have expired more than 12 months prior to the new visa application, where it was previously 48 months....
Possessing counterfeit documents, including fake government IDs, can have grave immigration consequences! Immigration authorities, like CBP offices at international airports, are on high alert and have thorough search procedures to find and confiscate counterfeit documents....
Answer An H-4 spouse who does not have an EAD generally can be a passive investor in a business. However, one is not permitted to perform any work for the company, even if it is unpaid. And determining whether a particular activity is considered "work" under...
