25 Sep 2025

Possible Government Shutdown as of 01.Oct.2025

Congress must pass a spending bill to extend government operations before October 1, 2025, or else a temporary shutdown of the federal government will go into effect. This would be the first shutdown since Trump was reelected. Security, CBP, and Vital Functions Continue The U.S. government never...

18 Sep 2025

EB5 Unreserved Category Reaches Limit for Current Fiscal Year

The U.S. Department of State announced on September 16, 2025, that all available immigrant visas in the employment-based, fifth preference (EB5) unreserved category have been issued for fiscal year (FY) 2025. Accordingly, consular posts temporarily cannot issue immigrant visas in this category and the U.S....

18 Aug 2025

USCIS Updates Policy Manual for Family-Based Immigrant Petitions

The U.S. Citizenship and Immigration Services (USCIS) Policy Manual was recently updated, providing guidance related to family-based petitions. This update explains and clarifies eligibility criteria, filing procedures, interview scheduling, and other issues. Most notable is the USCIS decision to issue notices to appear (NTAs) –...

30 Jun 2025

DOS Clarifies National Interest Exception Process for Travel Ban

Following the implementation of the travel ban implemented on 09.Jun.2025, many foreign nationals have been left with questions regarding their eligibility for visa issuance and admission to the United States. While the proclamation restricts entry for many, it includes provisions for exceptions, including a national...

26 Jun 2025

Overcoming a Finding of Fraud or Willful Misrepresentation at the Consulate

If U.S. consular officers determine that an applicant committed fraud or willful misrepresentation to obtain an immigration benefit, they can make a finding under Immigration and Nationality Act (INA) 212(a)(6)(C)(i) that makes the applicant inadmissible to the United States. A finding of fraud or willful...

23 Jun 2025

Consular Posts to Resume F, J, and M Visa Appointments with Expanded Screening

The U.S. Department of State (DOS) recently announced that U.S. consular posts soon will resume scheduling visa appointments for F, M, and J nonimmigrant visa applicants. The resumption comes alongside the implementation of expanded screening and vetting procedures that will include comprehensive review of applicants'...

19 Mar 2025

Several years ago, an employer filed an H1B petition through the lottery for me. It was approved without an I-94 card because I was not in the U.S. when the petition was filed. I then was issued a visa stamp by the consulate, but my circumstances changed, and I never entered the U.S. If I wish to apply for an H1B now, would I have to go through the lottery again?

Answer Generally speaking, if a person was issued an H1B visa “stamp” based on a case filed through the lottery, that person is considered cap-exempt (and therefore would not need to go through the lottery again). (19.Mar.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...