Answer If a person is applying for naturalization under the five-year rule, rather than the three-year rule based on marriage to a U.S. citizen, a pending divorce would generally not prevent approval of the N-400 application. (04.Aug.2026) Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer An expired F-1 visa stamp does not affect a student's ability to remain in the United States, provided the student continues to maintain valid F-1 status. However, if the student travels abroad after the visa stamp expires, a new F-1 visa typically is required to...
Answer Generally, no. An H1B worker ordinarily may begin employment with the new employer as soon as the H1B transfer petition is properly filed with USCIS, assuming all other portability requirements are met. Employers may have their own onboarding policies, but the physical receipt notice is...
Answer AC21 portability, in part, requires that the I-485 application must have been pending for at least 180 days, and the I-140 petition remained approved through that point. If the employer withdraws the I-140 before the I-485 has been pending for 180 days, then the requirements...
Answer The law requires the EB5 investment amount to be adjusted for inflation starting January 1, 2027 and again every five years thereafter. The exact amounts have not yet been announced, but both the standard investment amount and the reduced amount for investments in targeted employment...
Answer Yes. In general, applicants may travel internationally while their naturalization applications are pending. However, it is important to avoid any scheduling conflicts with USCIS appointments. Applicants also should ensure that any travel does not affect their ability to satisfy the continuous residence and physical presence...
Answer To preserve and use a PERM PWD in a PERM case, at least one qualifying advertisement must be posted before the PWD expires. If the PWD expires before at least one advertisement is posted, the employer will need to obtain a new PWD and restart...
Answer While the reported U.S. Department of Homeland Security (DHS) reversal and clarification are encouraging, it remains unclear how the U.S. Citizenship and Immigration Services (USCIS) will apply the guidance in the memo. Adjustment of status (AOS) remains a discretionary benefit, and USCIS officers will continue...
Answer It remains unclear how the USCIS will apply this guidance and whether it could affect adjustment of status (AOS) applications that are already pending. However, based on reports from recent adjustment interviews, applicants may be asked to explain why they pursued AOS in the United...
Answer No. The U.S. Department of Labor typically does not permit typographical error corrections for a filed ETA Form 9089. In some cases, if the recruitment advertisements are still valid, the employer may be able to withdraw the application and refile a corrected ETA Form 9089....
