On Monday, October 23, 2023, the U.S. Citizenship and Immigration Services (USCIS) will publish a notice of proposed rulemaking in the Federal Register that, if implemented in its current form, would both codify a number of existing rules and make a number of significant changes...
Answer It still may be possible to qualify as an L1A manager, even if you will have few subordinates. (In fact, it is possible to qualify with no subordinates, although this can make the case more challenging.) It is not uncommon to file L1A petitions for...
Answer The U.S. Customs and Border Protection (CBP) officers at the ports of entry have the discretion to grant a 10-day grace period beyond the validity period of a person's petition (as do USCIS officers). However, this grace period does not provide any type of work...
The U.S. Citizenship and Immigration Services (USCIS) recently announced that, effective immediately, the maximum validity period of certain categories of employment authorization documents (EADs) will increase from one or two years to five years. This procedural change should help to reduce burdens on applicants and...
Answer On paper, the requirements for the L1A category and the EB1(c) category are extremely similar. In practice, the USCIS tends to adjudicate the EB1(c) category using a higher standard, as it is requesting a permanent benefit. So, while having an L1A petition approved certainly is...
Answer Ordinarily, no. A person in H1B status may not be employed as a 1099 contractor. (12.Oct.2023)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 © 2023, MURTHY LAW FIRM....
The U.S. Department of State (DOS) released the November 2023 Visa Bulletin earlier today. There is very little movement in the latest visa bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First...
Answer Based on FAQs issued by the USCIS earlier this year, it seems that yes, you generally would be allowed to resume working for this employer as soon as the amendment is filed. (05.Oct.2023)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For...
On September 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) released guidance clarifying how it evaluates evidence to determine eligibility for two EB1 immigrant subcategories, for a person of extraordinary ability (EB1(b). This policy update provides guidance on types of evidence for EB1 petitions...
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) is responsible for investigating and enforcing federal minimum wage, overtime pay, and record-keeping requirements, as well as various employment standards and worker protections required under U.S. immigration law. Such investigations are often...
