27 May 2026

USCIS recently issued guidance emphasizing that AOS is discretionary and for extraordinary circumstances and that individuals seeking permanent residence generally should apply through consular processing. How could this affect my already pending I-485 application?

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...

22 May 2026

NewsFlash! USCIS Reinforces that Adjustment of Status is Discretionary – Not a Right

On May 21, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, reminding its officers and the public that adjustment of status (AOS) under INA § 245 is an act of administrative grace, not an entitlement. Even applicants who satisfy every statutory...

13 May 2026

June 2026 Visa Bulletin

The U.S. Department of State (DOS) has released the June 2026 Visa Bulletin. There is some forward movement in select employment-based categories, while certain employment-based categories for India retrogress. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise...

22 Apr 2026

I was selected in the H1B lottery, but my registration listed a different work location than where I actually will be working. Can my employer file the H1B petition for the new location?

Answer Yes. The USCIS has stated that it will not deny a new or amended H1B petition solely because the work location differs from the one listed in the original registration. However, the proffered wage must continue to meet or exceed the same OES wage level...

20 Apr 2026

Murthy Law Firm Observations on $100,000 H1B Fee: Practice Reality vs Published Guidance

The U.S. Citizenship and Immigration Services (USCIS) recently issued guidance clarifying who will be subject to the $100,000 fee imposed under the 19.Sep.2025, executive proclamation addressing certain H1B filings. While the published guidance outlines specific circumstances in which the fee should apply, the Murthy Law...

14 Apr 2026

May 2026 Visa Bulletin

The U.S. Department of State (DOS) has released the May 2026 Visa Bulletin. There is little to no forward movement for most employment-based categories. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Filing Charts for May 2026 The...

26 Mar 2026

NewsFlash! DOL Proposes Significant Hike to Prevailing Wages for H1B, H1B1, E-3, and PERM

Tomorrow, the U.S. Department of Labor (DOL) will publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register that proposes to dramatically increase the prevailing wage levels used in the H1B, H1B1, E-3, and PERM labor certification programs. The NPRM is titled "Improving Wage...

18 Mar 2026

My H-4 EAD renewal is still pending and my current EAD will expire soon. Because of processing delays, my work authorization may be interrupted, and I will need to stop working. Can I file a writ of mandamus lawsuit to force USCIS to adjudicate my H-4 EAD application?

Answer This may be an option provided that the H-4 EAD renewal has been pending for longer than what a court might consider reasonable. (17.Mar.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access...