Answer The U.S. Department of Labor requires that the employer pay for the PERM labor certification and related expenses. The USCIS does not have the same view, so the expenses of the I-140 and I-485 (legal fees, filing fees, costs) can be paid for by the...
Answer In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
The U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual regarding how and when the agency may disclose derogatory information to benefit requestors before making adverse decisions. The new guidance does not represent a significant shift in policy. Rather, it mainly serves to...
Answer Under the right circumstances, it is possible for a company to file an E-2 for an employee, as opposed to the investor. An E-2 employee must have the same nationality as the E-2 enterprise and must be coming to fill an executive, supervisory, or essential...
This morning, the U.S. Department of State (DOS) released the July 2025 Visa Bulletin. As with recent months, movement remains limited in the employment-based categories. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First...
The PERM labor certification is the first in a three-step process in the majority of employment-based, permanent resident (commonly referred to as “green card”) cases. The PERM process is long and complex, and it can be overwhelming for a company pursuing the process for any...
Answer If an employer disagrees with the prevailing wage determination, they can first request a redetermination. If that is unsuccessful, they may request a director’s review. If that too is unsuccessful, the employer may appeal to the Board of Alien Labor Certification Appeals (BALCA). However, given...
Answer An H1B petition can be approved for a part-time position. If moving from a full-time position to a part-time one, an amendment typically would be required, and it should indicate that the new position is part time. (04.Jun.2025)Sheela Murthy and other senior attorneys provide guidance...
Given President Trump’s immigration directives, which focus heavily on enforcement efforts, there is growing concern surrounding possible increases in site visits and audits by various agencies involved in immigration enforcement. This article gives a non-exhaustive list of areas where employers can audit themselves or seek...
Answer Normally, unless the individual qualifies for AC21 (i.e., I-485 has been pending for at least 180 days and the new position is the same or similar), a new PERM case would be required in order to be sponsored under the new position. (28.May.2025)Sheela Murthy and...
