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28 Aug 2025

USCIS Updates Guidance on Discretionary Factors in Immigration Benefit Adjudications

The U.S. Citizenship and Immigration Services (USCIS) published policy guidance on 19.Aug.2025, updating the factors officers may consider when exercising discretion in certain immigration benefit requests. The update emphasizes negative discretionary weight for applicants with connections to “anti-American” or terrorist organizations. Understanding Discretionary Analysis Many immigration benefit...

11:44 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / Medical / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Visitor / Worker
27 Aug 2025

I was on H1B and then changed my status to F-1. I now would like to go back to H1B. Can I start working immediately upon getting the receipt number from the USCIS?

Answer Because this petition is requesting a change of status, and not simply a change of employer while already in H1B status, it is necessary to wait for the H1B petition approval before starting employment again. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

13:03 / FAQs / For Employers / For Individuals / H1B / Worker
27 Aug 2025

An RFE was issued on my I-140. If it is denied, can I still use my approved PERM to file with a new employer?

Answer No. An approved PERM labor certification is employer-specific and normally cannot be transferred. The new employer would need to file their own PERM application. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....

12:54 / Employment Based / FAQs / For Employers / For Individuals / Resident
20 Aug 2025

The U.S. college where I obtained my master’s degree was accredited when I graduated but then lost its accreditation a few years later. Can I use this degree to qualify for a PERM position that requires a master’s degree?

Answer If the college was accredited at the time the degree was conferred, the degree typically can be used to meet a PERM position’s degree requirements. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

12:28 / F-1 / FAQs / For Individuals / Student
20 Aug 2025

My employer just obtained the prevailing wage for my PERM and is about to start recruitment. Am I allowed to travel?  

Answer Neither the PERM labor certification process nor I-140 petition imposes any travel limitations on the sponsored employee. Travel considerations typically become a concern when the employee is pursuing the actual green card application process. (20.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the...

12:26 / Employment Based / FAQs / For Employers / For Individuals / Resident / Travel
19 Aug 2025

USCIS Announces Changes to Good Moral Character Evaluation for Naturalization Applications

The U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on 15.Aug.2025, announcing changes to how "good moral character" is evaluated for naturalization applicants. The new policy restores a prior totality of the circumstances approach for good moral character determinations. Overview of Good Moral Character...

07:14 / Citizen / For Individuals / NewsBrief / USCIS News
12 Aug 2025

My son is on H-4 and recently was granted an extension valid through 2027. He turns 21 at the end of this year. Can he remain in H-4 status through the expiration date listed on his I-94?

Answer Unfortunately, once a dependent child turns 21, they are no longer eligible for H-4 status through their parent. He cannot rely on a USCIS error to continue his stay in H-4 past his 21st birthday. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...

17:26 / FAQs / For Families / For Individuals / Nonimmigrant Family / Worker