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27 Oct 2026

My application under the company’s blanket L approval was denied at the consulate. Can the employer still file an individual L-1 petition with USCIS?

Answer Generally, yes. A blanket L refusal does not necessarily prevent the employer from filing an individual Form I-129 petition with USCIS. The individual petition should address the concerns raised during the blanket application and include detailed evidence establishing each L-1 requirement. (27.Oct.2026) Sheela Murthy and other...

10:42 / FAQs / For Employers / For Individuals / Worker
20 Oct 2026

I am in TN status and my employer plans to start a green card case for me. Will the immigrant petition automatically cancel my TN status?

Answer No. The filing of a PERM labor certification or Form I-140 does not terminate valid TN status. However, TN classification requires temporary intent, and an immigrant filing can create complications during visa issuance, admission, or a future TN application/petition. The timing of travel and future...

14:09 / FAQs / For Employers / For Individuals / Worker
13 Oct 2026

My H1B change-of-employer petition has been filed. Can I begin working for the new employer before the petition is approved?

Answer An individual who is eligible for H1B portability generally may begin working for the new employer once USCIS receives and accepts for processing a properly filed, nonfrivolous petition. Portability is not available in every situation, however, and beginning employment before approval carries risk if the...

10:57 / FAQs / For Employers / For Individuals / H1B / Worker
06 Oct 2026

During my one year of employment abroad, I made several short business trips to the United States. Do the trips prevent me from qualifying for L-1 based on the L-1 one-year requirement?

Answer Brief trips to the United States generally do not interrupt the continuity of qualifying employment abroad. However, days spent physically in the United States normally do not count toward the required one year. The employer should document the employment period with the qualifying entity abroad...

13:19 / FAQs / For Employers / For Individuals / Travel / Worker
29 Sep 2026

I am applying for TN status to work for a U.S. employer. Am I allowed to pay the government filing fees and attorney fees myself?

Answer Generally, yes. Unlike the H1B category, the TN classification does not have special immigration provisions that ordinarily require the employer to pay specified filing and attorney fees. Any repayment arrangement or payroll deduction still must comply with applicable employment and wage laws. (29.Sep.2026) Sheela Murthy and...

11:29 / FAQs / For Employers / For Individuals / Worker
22 Sep 2026

I recently attended my H1B visa interview at a U.S. consulate abroad. The consular officer mentioned that my social media might need to be reviewed, but did not clearly explain whether anything else was needed. My CEAC status now says “Refused,” even though I have received H1B visas before. Does this mean my visa will not be issued?

Answer Not necessarily. When checking a case on CEAC, the status may show only “Issued” or “Refused,” without distinguishing between a refusal that requires additional processing and a refusal that is based on another ground of ineligibility. Thus, a “Refused” status may reflect a refusal under...

09:33 / Consulates / FAQs / For Employers / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Worker
15 Sep 2026

I have an arrest or criminal record and will need to apply for a nonimmigrant visa at a U.S. consulate or embassy abroad. What should I consider before traveling?

Answer Any arrest, charge, or conviction can complicate a nonimmigrant visa application, although a criminal record does not automatically make every applicant inadmissible. The result depends on the offense, criminal statute, disposition, sentence, and other facts. If a criminal ground of inadmissibility applies, the applicant may...

11:07 / Consulates / FAQs / For Families / For Individuals / Homeland Security / Nonimmigrant Family / Student / Worker
08 Sep 2026

If I qualify for transition protection under the new F-1 fixed-period-of-admission rule scheduled to take effect on September 15, 2026, what could happen if I travel internationally after that date?

Answer If the new rule takes effect as scheduled, an F-1 student who departs the United States after September 15, 2026, generally may be readmitted under the new fixed-period-of-admission framework. If admitted, the student may receive an I-94 with a specific admit-until date rather than D/S....

09:32 / FAQs / For Individuals / Student
01 Sep 2026

I am currently in F-1 status with an I-94 marked D/S. Under the new F-1 fixed-period-of-admission rule scheduled to take effect on September 15, 2026, will I automatically receive a new I-94 expiration date on that date?

Answer Generally, no. Under the new rule's transition provisions, an F-1 student who is maintaining valid duration-of-status admission when the rule takes effect on September 15, 2026, ordinarily will not automatically receive a new date-specific I-94 on that date. However, this transition protection will be limited....

11:22 / FAQs / For Individuals / Student
25 Aug 2026

Under the new F-1 fixed-period-of-admission rule scheduled to take effect on September 15, 2026, what should I do if I need more time to complete my F-1 program after my I-94 expires?

Answer Under the new rule, an F-1 student who needs additional time generally may request an extension of stay from the U.S. Citizenship and Immigration Services (USCIS). This may require a Form I-20 issued or endorsed by the designated school official, a timely extension application, the...

14:12 / FAQs / For Individuals / Student