Murthy Law Firm : U.S. Immigration

Working in TN Status with No U.S. “Employer” The TN nonimmigrant classification provides Canadian and Mexican citizens with the opportunity to work in the United States in specified professional roles. As discussed in the MurthyDotCom InfoArticle, "TN Status: Employment Option for Canadian and Mexican Citizens" (04.Oct.2021), this visa category provides a streamlined process for bringing professional workers into the U.S. While the TN classification is often associated with a traditional employer-employee relationship with a U.S. employer, it also accommodates less conventional employment arrangement, under certain conditions. #USImmigration #murthylawfirm #foreignworkers #workvisa Read more: https://bit.ly/MDC4fOAGH4

Importance of Checking Compliance Documents Now There are certain documents that a U.S. employer is required to complete and maintain for some or all of its workforce. These requirements are especially important for employers of foreign national workers. As the political landscape shifts and we anticipate stricter enforcement of immigration laws under the incoming Trump administration, employers must prioritize compliance with key record-keeping requirements. Ensuring complete, accurate, and up to date I-9 records, public access files for H1B, H1B1, and E-3 workers, and compliance files for PERM cases is more critical than ever. Government audits and investigations are expected to increase, and noncompliance can result in significant penalties. Now is the time to review your records, identify any gaps, and take proactive steps to safeguard your business against potential enforcement actions. #murthylawfirm #USImmigration #foreignworkers Read more: https://bit.ly/mdc402YWiK

Does Using Premium Processing Increase My Chances of an RFE? At the Murthy Law Firm, we are regularly asked whether using premium processing increases the risk that a case may be issued a request for evidence (RFE). We have not necessarily seen a significant increase in the issuance of RFEs for cases filed in premium processing over regular processing cases. There are factors, however, that may prompt officers to issue RFEs for cases filed in premium processing. Read more: https://bit.ly/mdc3PeSfWb

USCIS Updates Guidance on Evidence for International Entrepreneur Parole On 12.Dec.2024, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance in the USCIS Policy Manual expanding the types of evidence that can be used to satisfy certain requirements for international entrepreneur parole, and specifically, to demonstrate the applicant’s central and active role in the start-up, proof of investment in the start-up, and the startup’s significant public benefit. #uscis #murthylawfirm #internationalentrepreneurs Read more: https://bit.ly/mdc4fuXbAQ

USCIS Releases New Edition of Form I-485 On 10.Dec.2024, the U.S. Citizenship and Immigration Services (USCIS) announced new instructions and a new edition of the application to register permanent residence or adjust status (form I-485), which applicants must start using, effective 10.Feb.2025. Similarly, the other forms related to form I-485, such as the I-485 supplement J, and form I-485 supplement A, were also updated and must be used beginning 10.Feb as well. The USCIS will reject any older editions of these forms postmarked on or after 10.Feb.2025. #I485 #uscis #USImmigration #murthylawfirm Read more: https://bit.ly/mdc4gJg0B6

The settlement Edakunni v. Mayorkas, which resulted in USCIS processing H-4 and L-2 dependent change / extension of status applications together with the primary H or L applicant’s petition is set to expire 18.Jan.2025. It is unknown if the policy will be extended. #DependentVisa #H4 #nonimmigrant #USImmigration #murthylawfirm Contact us to file soon! https://lnkd.in/eqSM5GQe

Increase of Automatic Extension Period for Certain EAD Renewals Made “Permanent” On Tuesday, 10.Dec.2024, the U.S. Department of Homeland Security (DHS) announced a final rule to permanently implement the rule that automatically extends the validity of certain employment authorization documents (EADs) based on a pending, timely filed application to extend employment authorization. The final rule will go into effect 13.Jan.2025 for eligible EAD renewal applications that were timely filed or pending on or after 04.May.2022. Read more: https://bit.ly/mdc3VIxCoT

NewsFlash! USCIS Issuing Final Rule that Alters H1B, Other Nonimmigrant Categories On 18.Dec.2024, the U.S. Department of Homeland Security (DHS) will publish a final rule in the Federal Register that will implement a number of significant changes, primarily to the H1B program. These changes are scheduled to go into effect 30 days after publication – just days before Donald Trump is sworn into office. #USImmigration #murthylawfirm #H1BVisa #dhs Read more: https://bit.ly/mdc3OYBr5k

Impact of Equal Pay Transparency Laws on the PERM Labor Certification Process The PERM labor certification is the first in a three-step process in the majority of employment-based green card cases. A key component of the PERM process is the labor market test, where an employer runs a series of advertisements to recruit for the sponsored position to demonstrate to the U.S. Department of Labor (DOL) that a qualified and willing U.S. worker could not be found to fill the position. While the DOL strictly regulates the advertisement content to be used by an employer, recent equal pay transparency laws have raised questions about how and when wage data must be included in an employer’s PERM advertisements. Read more: https://bit.ly/mdc3OWeY90