One generally must possess a U.S. college degree or its equivalent in order to qualify for an H1B position. Similarly, a U.S. college degree or its foreign equivalent is typically the minimum level of education that can be required for an employment-based, second preference (EB2)...
Cutoff dates in the visa bulletin have moved significantly during the current fiscal year, resulting in thousands of individuals being able to file their respective I-485 applications for adjustment of status. As a result, the Murthy Law Firm is receiving questions pertaining to use of...
Answer Generally speaking, a change of employer by the principal H1B spouse would not impact a pending H-4 or H-4 EAD, and would not necessarily require the filing of a new H-4 or EAD application. However, if a new application is filed, the USCIS may require...
Update: The unpublished version of the DOL rule can be found here, and the unpublished version of the DHS rule is available here. It has been reported that on October 6, 2020, the Department of Homeland Security (DHS) announced that it will issue two rules by...
Employers of foreign nationals holding H1B, H1B1, and E-3 statuses are held to certain requirements stemming from the underlying labor condition applications (LCAs) filed with the U.S. Department of Labor (DOL). One such requirement is to maintain a file that is available for public inspection....
Today, President Trump signed an executive order that directs federal agencies to use U.S. workers, not foreign nationals, to fill federal government contractor positions. The order also directs the U.S. Department of Labor (DOL) to finalize guidance that prevents employers from moving H1B workers to...
One common area of misunderstanding in immigration law involves H1B workers who wish to move to a new position that is in a different field from the current H1B position. Foreign nationals and their employers often mistakenly believe that there has to be a similarity...
Answer No, generally speaking, a person may not enter the U.S. in H1B status unless that person is coming to work for the H1B petitioning employer. (20.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...
Answer No, one may not use a pending or approved I-130 petition as a basis to extend H1B status. (20.Jul.2020)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 © 2020,...
A large group of H1B and H-4 visa applicants have filed the first lawsuit against the Trump Administration's June 22, 2020, proclamation that prohibits the admission of certain nonimmigrants. Importantly, the lawsuit not only requests the court to rule on each individual's visa application, but...
