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...
Answer Generally, all documents submitted to the USCIS must be in English or accompanied by an English translation. Translated documents must be certified by the translator as complete and accurate, and the translator must certify competency to translate from the foreign language into English. (28.Oct.2025)Sheela Murthy...
An applicant for adjustment of status (form I-485) or naturalization (form N-400) may face denial on two broad legal grounds: mandatory and discretionary. Understanding when a denial is compelled by statute, as opposed to when it reflects a negative exercise of discretion, is essential for...
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...
Answer No, the $100,000 fee would not apply to an F-1 student, if the H1B is approved as a change of status. (23.Oct.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
Answer Ordinarily, yes, the priority date from any I-140 petition filed for an EB1, EB2, or EB3 case can be applied for any other EB1, EB2, or EB3 case filed for the same beneficiary. (23.Oct.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law....
Answer We have heard this claim many times, but we have not seen any evidence to support the contention that an H1B petition (or any other type of petition) has a greater risk of denial because premium processing was requested. (23.Oct.2025)Sheela Murthy and other senior attorneys...
The U.S. Citizenship and Immigration Services will publish a proposed rule on October 23, 2025, that would significantly reduce fees for most EB5 immigrant investor program applications and petitions. The proposed fee schedule represents decreases ranging from 14 percent to 61 percent for existing EB5...
Today, the U.S. Citizenship and Immigration Services posted guidance on its website clarifying who is subject to the $100,000 fee imposed by Trump’s September 19, 2025 executive proclamation. Among other points of clarification, the updated guidance indicates that virtually all H1B workers will be subject...
