In the typical employment-based permanent residence (commonly, "green card") case, the second stage of the three-stage process is the employer's Immigrant Petition for Alien Worker, filed on the I-140 form. One of the essential aspects of the I-140 is the requirement that the sponsoring employer...
The U.S. Department of Homeland Security (DHS) has issued a proposed rule that would eliminate the regulation requiring U.S. Citizenship and Immigration Services (USCIS) generally to defer to an earlier eligibility determination when reviewing a Form I-129 filing involving the same parties and underlying facts....
International travel can present challenges for foreign nationals whose visa stamps have expired, even when they remain in valid nonimmigrant status in the United States. In limited circumstances, however, automatic visa revalidation (AVR) may allow certain travelers to seek readmission to the United States without...
UPDATE: October 2026 Adjustment of Status: Dates for Filing for Family and Employment CategoriesThe October 2026 Visa Bulletin marks the start of fiscal year 2027, with renewed visa availability for EB2 India and unreserved EB5 India, while several employment-based cutoff dates for countries other than...
A federal district court in Massachusetts has postponed the effective date of the Department of Homeland Security (DHS) final rule that would eliminate the duration-of-status (D/S) framework for F-1 students, J-1 exchange visitors, and certain I nonimmigrants. The rule, titled “Establishing a Fixed Time Period...
The U.S. Department of Homeland Security (DHS) is scheduled to publish a notice of proposed rulemaking on September 11, 2026, that would eliminate the discretionary grace period of up to 60 days currently available to certain nonimmigrant workers following the end of employment. The proposed...
The USCIS’s recent policy changes, which give officers greater discretion to deny petitions and applications without first issuing an RFE or NOID, are examined in a new ILW.com article by Murthy Law Firm Member Adam J. Rosen. Drawing on Matter of Rehman and the USCIS...
The U.S. Department of State (DOS) has released the September 2026 Visa Bulletin. Cutoff dates across the employment-based and family-based categories generally hold steady from August 2026, with no forward movement or retrogression this month, but the DOS continues to caution that retrogression, or categories...
South Asian Bar Association of North America Foundation SAAJCO South Asian American Justice Collaborative SABA South Asian Association of North America Murthy Law Firm Webinar: Understanding the New Student Visa Restrictions We encourage attendance in order to learn how new student visa restrictions may affect current international students, and prospective...
In some cases, USCIS approves an employment-based Form I-485, Application to Register Permanent Residence or Adjust Status, but later determines that an immigrant visa number was not available when the application was approved. USCIS may then issue a Notice of Intent to Rescind (NOIR), even...
