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Updated: 11 min 48 sec ago

Teleconference: 2021 Changes of the Biden Administration

Wed, 12/01/2021 - 21:00

Immigration changes under the Biden Administration and the impacts these have had on employees are the topic for discussion in this session.

Employers and their representatives are invited to participate in the teleconference scheduled for December 01, 2021 – another in this series designed especially for them. Find out how to register here.

The post Teleconference: 2021 Changes of the Biden Administration appeared first on Murthy Law Firm | U.S Immigration Law.

Teleconference: Latest Updates on H1Bs, H4s, and H4EADs

Wed, 11/03/2021 - 20:00

The latest trends with processing times and adjudications of H1Bs, H4s, and H4EADs are the topic discussed by Murthy Law Firm attorneys in this session.

Employers and their representatives are invited to participate in the teleconference scheduled for November 03, 2021 – another in this series designed especially for them. Find out how to register here.

The post Teleconference: Latest Updates on H1Bs, H4s, and H4EADs appeared first on Murthy Law Firm | U.S Immigration Law.

Teleconference: Impact of Visa Bulletin Movement

Wed, 10/06/2021 - 21:00

The latest Visa Bulletin, future predictions for the Visa Bulletin, and documentation required to file an I-485 application are the topics discussed by Murthy Law Firm attorneys in this session.

Employers and their representatives are invited to participate in the teleconference scheduled for October 06, 2021 – another in this series designed especially for them. Find out how to register here.

The post Teleconference: Impact of Visa Bulletin Movement appeared first on Murthy Law Firm | U.S Immigration Law.

Teleconference: Site Visits by ICE/FDNS

Wed, 09/01/2021 - 21:00

The latest trends and practical tips for when government agencies contact companies regarding compliance with H1B/L-1 petitions are discussed by Murthy Law Firm attorneys in this teleconference.

Employers and their representatives are invited to participate in the teleconference scheduled for September 01, 2021 – another in this series designed especially for them. Find out how to register here.

The post Teleconference: Site Visits by ICE/FDNS appeared first on Murthy Law Firm | U.S Immigration Law.

Teleconference: EB3 Downgrade and I-485 Filings

Tue, 08/03/2021 - 21:00

The pros and cons of filing EB3 “downgrade” I-140 petitions and documentation needed for I-485 Adjustment of Status filings are discussed by Murthy Law Firm attorneys in this teleconference.

Employers and their representatives are invited to participate in the teleconference scheduled for August 03, 2021 – another in this series designed especially for them. Find out how to register here.

The post Teleconference: EB3 Downgrade and I-485 Filings appeared first on Murthy Law Firm | U.S Immigration Law.

MurthyAudio: Other Nonimmigrant Options

Fri, 07/09/2021 - 20:32

Strategies for filing nonimmigrant visas when H-1 and L-1 are not available options are discussed by Murthy Law Firm attorneys in this podcast from 09 July 2021.

The MP3 is available here, and will soon show up in the archive of our teleconferences and podcasts on iTunes.

The post MurthyAudio: Other Nonimmigrant Options appeared first on Murthy Law Firm | U.S Immigration Law.

Overview of COVID-19 Travel Restrictions and National Interest Exceptions

Thu, 07/08/2021 - 15:44

Due to the COVID-19 pandemic, foreign nationals traveling to the United States from certain countries have been subject to travel restrictions based on several presidential proclamations. The presidential proclamations currently in effect suspend entry to the United States of certain individuals who were present in specified countries within the 14-day period immediately preceding their intended travel to the United States. Each of the presidential proclamations provides for certain exceptions to the travel restriction and specifies eligibility for an exception for “any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.” Individuals approved for the national interest exception (NIE) may enter the U.S. despite restrictions mandated by the presidential proclamations.

Background on Presidential Proclamations Suspending Travel to the U.S.

There are currently four presidential proclamations that apply to foreign nationals traveling to the U.S. from any of the specified 33 countries. The presidential proclamations suspend travel to the U.S. of foreign nationals who have been physically present in China, Iran, the Schengen Area, Ireland, United Kingdom, Brazil, South Africa, and India, within the immediately preceding 14 days before the actual or attempted entry to the United States. This travel ban also applies to transiting through a U.S. airport. Additionally, transit through a country covered by any COVID-19 related presidential proclamation, even without exiting the airport, also counts as physical presence within the country sufficient to trigger the ban.

Exceptions to Presidential Proclamations and Automatic Eligibility for NIE

The travel restrictions do not apply to certain categories of individuals, including but not limited to U.S. citizens, lawful permanent residents, parents or legal guardians of a U.S. citizens or lawful permanent residents, provided the U.S. citizen or LPR is unmarried and under the age of 21, and other categories, such as “certain travelers whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their designees.”

Additionally, certain categories of travelers are automatically considered for NIE, without having to file an application with an embassy or consulate. These categories include immigrants of all categories, fiancé/es of U.S. citizens, and F-1 and M-1 students.

Eligibility Criteria for NIE Applications

Certain individuals who are subject to the presidential proclamations and are not eligible for an automatic exception may be eligible to apply for NIE to a U.S. embassy or consulate. If an NIE application is approved, an individual may travel with either a valid visa or ESTA authorization, as appropriate. Each approved NIE is valid for one year from the date of approval, and valid for multiple entries into the United States, as long as the NIE is used for the purpose under which it was granted.

The categories of travelers eligible to apply for NIE include certain exchange visitors, Educational Commission for Foreign Medical graduates (ECFMG), travelers providing executive direction or vital support for critical infrastructure sectors, or directly linked supply chains, travelers providing vital support or executive direction for significant economic activity in the United States, and some other categories.

For a complete list of categories of travelers who are exempt from the presidential proclamations, eligible for automatic NIE, and eligibility for applying for NIE, see the Department of State website.

Process for Requesting NIE

Foreign nationals who are applying for a visa should make an NIE request in conjunction with scheduling a nonimmigrant visa appointment at an embassy or consulate abroad. If no routine visa appointments are available, a visa applicant must apply for an emergency appointment through the online visa scheduling system at traveldocs.com. The exact application process and evidentiary requirements can vary from post to post.

Conclusion

The specific processes set in place at individual consular posts vary considerably depending upon local and external conditions and policies. Therefore, it is important to check with the specific consular office regarding the NIE application process and evidentiary requirements. The Murthy Law Firm is following the developments regarding the NIE process and COVID-19 travel related restrictions closely and will provide regular updates on this important matter as they become available.

The post Overview of COVID-19 Travel Restrictions and National Interest Exceptions appeared first on Murthy Law Firm | U.S Immigration Law.

My family member filed an I-130 for me, which is still pending. Am I allowed to apply for a B-2 visa while this process is ongoing?

Thu, 07/08/2021 - 14:02

Answer

Normally, it is possible to apply for a B-2 visa while one’s I-130 is pending. However, there is a risk that the consulate could deny issuance of the B-2 based on immigrant intent. The risk of denial typically would increase if the I-130 was filed by an immediate relative (e.g., U.S. citizen for a parent) or if the priority date is current. (08.Jul.2021)

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.

The post My family member filed an I-130 for me, which is still pending. Am I allowed to apply for a B-2 visa while this process is ongoing? appeared first on Murthy Law Firm | U.S Immigration Law.

Both of my brothers are U.S. citizens, and they are looking to build a new motel. If I invest $500,000 in this motel, and it creates 10 jobs, can I use that to apply for a green card through the EB5 program? Or, do we have to create more than 10 jobs,...

Thu, 07/08/2021 - 13:57

Answer

Assuming the business is located in a targeted employment area (TEA), it may be possible to invest $500,000 in this business and apply through the EB5 program. If multiple people invest in a business, the business must create ten new jobs per EB5 investor. So, if you have multiple people investing in a business, but only one investor is applying through the EB5 program, the job creation requirement would be met if 10 jobs were created for U.S. workers. (08.Jul.2021)

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.

The post Both of my brothers are U.S. citizens, and they are looking to build a new motel. If I invest $500,000 in this motel, and it creates 10 jobs, can I use that to apply for a green card through the EB5 program? Or, do we have to create more than 10 jobs, since there are multiple investors? appeared first on Murthy Law Firm | U.S Immigration Law.

Is there any chance the USCIS will select more registrations for the H1B lottery?

Thu, 07/08/2021 - 13:53

Answer

We cannot rule out that possibility. The USCIS has not yet officially announced that it has reached the cap for fiscal year 2022. (08.Jul.2021)

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.

The post Is there any chance the USCIS will select more registrations for the H1B lottery? appeared first on Murthy Law Firm | U.S Immigration Law.

Teleconference: Other Nonimmigrant Options

Wed, 07/07/2021 - 21:00

Strategies for filing nonimmigrant visas when H-1 and L-1 are not available options are discussed by Murthy Law Firm attorneys in this teleconference.

Employers and their representatives are invited to participate in the teleconference scheduled for July 07, 2021 – another in this series designed especially for them. Find out how to register here.

The post Teleconference: Other Nonimmigrant Options appeared first on Murthy Law Firm | U.S Immigration Law.

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