Murthy Immigration Podcast

The September 3, 2014 teleconference in our monthly series for employers and their representatives focuses on recent trends in requests for evidence for H1B petitions. Attorneys from the Murthy Law Firm discuss maintenance of status, control, and specialty occupation issues as well as practical tips for preparing a strong response to a request for evidence.

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The August 06, 2014 teleconference in this series designed for employers and their representatives focuses on one of the first steps in the PERM green card process: the prevailing wage determination. In the PERM green card process, employers are required to commit to a salary that either meets or exceeds the prevailing wage for the sponsored position, as determined by the U.S. Department of Labor. Attorneys at the Murthy Law Firm will discuss fundamentals of the prevailing wage request and current adjudication trends, and will provide guidance on how to overcome issues when seeking a prevailing wage determination for the green card process.

The July 2, 2014 teleconference in this series designed for employers and their representatives discusses the hidden perils of the PERM labor certification process as it relates to the completion of the ETA 9089 form. Murthy Law Firm attorneys will explain some of the common issues employers encounter when preparing the form, and offer tips for the successful completion of the ETA 9089 labor certification application.

The June 4, 2014 teleconference in our monthly series for employers and their representatives focuses on the legal requirements and practical considerations of filing an H1B amendment. Attorneys from the Murthy Law Firm discuss when an employer must file an H1B amendment, pros and cons of filing an H1B amendments, and filing tips.

The May 7, 2014 teleconference in our series specifically for employers helps businesses understand how increased investigations and immigration enforcement affects employers of foreign workers. More and more federal agencies are sharing information and an investigation by one agency can trigger a chain of events that may lead to a company being barred from filing immigration cases or worse, criminal investigations of company owners and managers. Murthy Law Firm attorneys discuss strategies & tips for addressing current violations, how to implement compliance processes to prevent future ones, and manage the complex obligations involved in employing foreign nationals.

Our April 2, 2014 teleconference in this series for employers and their representatives reviews the latest I-140 trends and discusses strategies for successfully filing immigrant petitions for skilled & professional workers (EB3) and professionals with advanced degrees and/or exceptional ability (EB2). Our experienced attorneys share practice pointers for employers who are sponsoring workers for green cards, and provide insight on overcoming common issues that come up in requests for evidence (RFEs), notices of intent to deny (NOIDs), and notices of intent to revoke (NOIRs).

The topic of our March 5, 2014 teleconference in this series, designed for employers and their representatives, addresses H1B "cap" cases. We at the Murthy Law Firm are already preparing H1B petitions for new workers to be filed in April 2014. In the teleconference, Murthy Law Firm attorneys discuss the annual quota system and requirements for filing H1B cap-subject petitions. The session also addresses issues related to transitioning from F-1 to H-1B, including the cap gap, USCIS fee requirements, and matters important to IT consulting companies that assign workers at third-party sites.

The topic of our January 8, 2014 teleconference in this series for employers and their representatives addresses ways to successfully navigate the PERM Labor Certification process. The U.S. Department of Labor recently has trended toward substantive changes in how the Office of Foreign Labor Certification adjudicates PERM Labor Certification applications. Employers are presented with ongoing challenges, among them: increased processing times for prevailing wage determinations and for PERM applications, continued expansion of integrity measures (i.e. audits and supervised recruitment) by the Office of Foreign Labor Certifications, and evolving interpretations with respect to alternative requirements and recruitment standards. In this teleconference, Murthy Law Firm attorneys discuss the best ways for employers to respond to these DOL adjudication trends.

Our February 5, 2014 teleconference provides an overview of the immigration regulations and policy guidance governing F-1 nonimmigrant status as it pertains to employment and transitioning to H1B status. These rules govern most common scenarios frequently encountered by companies employing F-1 students pursuant to Curricular Practical Training (CPT) and Optional Practical Training (OPT) as well as sponsoring F-1 students for H1B status. The teleconference explains the importance of becoming familiar with F-1 processes and procedures to avoid and/or address potential problems before they arise.

"Lawful status" and a "period of authorized stay" are two related, yet distinct concepts in immigration law. These are two extremely important issues for foreign nationals to be aware of, as they can have tremendous implications related to an individual's ability to extend or change status, apply to become a lawful permanent resident, and, ultimately, to remain in the United States legally. Covered here are some of the basic elements of these concepts and the role they play in the lives of foreign nationals in the U.S.