25
Feb
2025
DHS Deputizes DOS Officers
The Trump Administration’s deportation program now also includes officers from the U.S. Department of State given special authority and instructions from the Department of Homeland Security....
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HQ
24
Feb
2025
How to Avoid Common Pitfalls for Individuals in H-4 Status
All too often, H-4 dependents inadvertently find themselves in challenging immigration situations. This may occur because of a simple oversight or misunderstanding of the requirements to remain in valid status, or even potentially because of an error made by an immigration official. Below are three...
21
Feb
2025
Trump’s Birthright Citizenship Order Remains Blocked
The 9th Circuit Court of Appeals declined to remove the preliminary injunction blocking President Trump’s executive order limiting birthright citizenship....
20
Feb
2025
Qualifying as a Cap-Exempt Nonprofit Research Organization Under New H1B Rule
Last month, the U.S. Department of Homeland Security (DHS) implemented a final rule that updates the criteria for nonprofit and governmental research organizations sponsoring H1B visa beneficiaries under the cap-exempt category. This change is expected to expand the number of organizations that qualify as cap...
19
Feb
2025
The PERM prevailing wage determination we received is higher than the salary we are currently paying the sponsored employee, and we don’t want to increase their salary immediately. Is this a problem?
Answer The company is only required to pay the sponsored employee the PERM prevailing wage once they receive their green card. However, the company must demonstrate the ability to pay the prevailing wage from the time the PERM application is filed until the employee receives the...
19
Feb
2025
I am in H1B status, but I also have an EAD based on my pending I-485 application that I have not yet used. If I switch to my EAD, do I have to notify the USCIS of this change?
Answer If you wish to start working based on your EAD rather than continuing in H1B status, you typically should notify your employer so that your I-9 records can be updated, but there is no need to notify the USCIS. (18.Feb.2025)Sheela Murthy and other senior attorneys...
19
Feb
2025
I am currently in H1B status. If I file an application to change status to H-4 together with an H-4 EAD application, will both cases be approved at the same time? I am trying to avoid a gap in my employment authorization.
Answer Normally, the H-4 EAD application is approved at the same time, or shortly after, the H-4 change-of-status application. However, there is no way to guarantee this. (18.Feb.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...
19
Feb
2025
DOS Updates Nonimmigrant Visa Interview Waiver Categories
On 18.Feb.2025, DOS updated the categories of applicants eligible for a nonimmigrant visa interview waiver to include certain A, C, G and NATO categories, among others, provided that all other eligibility criteria are met....
18
Feb
2025
I-485 “Reject After Ingest” Status
Does your USCIS I-485 online case status show “Reject After Ingest?” The word “ingest” (or “ingestion”) may be used here to mean “receipt.” This uncommon case status means that your I-485 was filed (and received or “ingested”) when your priority date was not current. Make...
14
Feb
2025
Change in Requirements to Qualify for DropBox Appointments in India
Last month, the U.S. Department of State quietly changed the eligibility requirements for nonimmigrant visa applicants in India seeking an interview waiver (commonly referred to as “dropbox” appointments). These changes, which appear to have been made without a formal announcement, are outlined on the U.S....
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