Answer We do not yet know whether the proposed regulations will be finalized before the next lottery. As soon as details are released, we will post the information on MurthyDotCom. (25.Nov.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
On November 5, 2025, the U.S. Department of Labor's Office of Foreign Labor Certification (OFLC) announced filing accommodations for employers affected by the suspension of OFLC operations during the government shutdown of 2025. The OFLC ceased operations on 01.Oct.2025, and OFLC staff who officially were...
Answer If an H1B worker changes to some other status, such as B-1, and then has an H1B change of status filed on their behalf, it appears the $100,000 fee would not apply (assuming the status request is granted). (11.Nov.2025)Sheela Murthy and other senior attorneys provide...
The Validation Instrument for Business Enterprises (VIBE) program is a tool used by the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (DOL) to validate basic information about a company or organization wishing to employ a foreign national in the United...
Answer There is no need to add one’s wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the spouse is listed in the I-140. (04.Nov.2025)Sheela Murthy and other senior...
Answer The legacy Immigration and Naturalization Service (INS) previously indicated that an H1B worker is entitled to the same leave as the company’s other employees, including benefits under the FMLA and/or the employer’s maternity or parental leave policies. (04.Nov.2025)Sheela Murthy and other senior attorneys provide guidance...
The U.S. Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) has resumed processing employer applications for prevailing wage determinations and labor certifications, ending a suspension of operations that had stalled many employment-based immigration cases throughout the ongoing government shutdown. The...
The U.S. Citizenship and Immigration Services (USCIS) will publish an interim final rule on October 30, 2025, eliminating the practice of automatically extending employment authorization documents (EADs) for foreign nationals who file timely renewal applications. The rule takes effect immediately upon publication and applies to...
Answer Yes, the H1B position still has to be a specialty occupation, even if you will be employed by your own company. You can spend some of the time performing duties directly related to owning and directing the business, but you still must perform specialty occupation...
The U.S. Chamber of Commerce has filed a lawsuit seeking to prevent the U.S. Citizenship and Immigration Services (USCIS) from implementing the $100,000 fee for H1B petitions imposed by presidential proclamation in September 2025. The complaint challenges both the legal authority for the fee and...
