The employer’s legal requirements for a layoff of an H1B worker and trends in Requests for Evidence are discussed by Murthy Law Firm attorneys in the October 2026 podcast.The MP3 is available here and soon can be found in the archive of our podcasts and...
The U.S. Department of Homeland Security (DHS) released a proposed rule on October 7, 2026, that would require Student and Exchange Visitor Program-certified schools to pay $70,000 before first recommending an F-1 student for optional practical training (OPT), and $30,000 before a subsequent OPT recommendation after...
International travel can present challenges for foreign nationals whose visa stamps have expired, even when they remain in valid nonimmigrant status in the United States. In limited circumstances, however, automatic visa revalidation (AVR) may allow certain travelers to seek readmission to the United States without...
In a September 24, 2026, interview with commentator Benny Johnson, U.S. Department of Labor (DOL) Inspector General Anthony D’Esposito said he thinks the “foreign labor visa program is going to look very different 365 days from now than it does today.” His remarks, documented in a...
The U.S. Court of Appeals for the Eleventh Circuit recently issued an important decision addressing ineffective-assistance-of-counsel claims in immigration proceedings. In Pasqual-Andres v. U.S. Attorney General decided on August 4, 2026, the court held that a complaint filed with the Executive Office for Immigration Review (EOIR)...
The White House has issued a new proclamation purporting to extend the September 2025 H1B entry restrictions for another year, again requiring a $100,000 payment for certain H1B workers seeking entry.Notably, the prior implementation of the $100,000 payment was vacated by a federal district court,...
A new Executive Order directs DOL, DHS, and DOS to consider an H1B employer’s recent or planned layoffs of similarly situated U.S. workers when reviewing LCAs, H1B petitions, visas, and admission.It also calls for expanded interagency coordination and a review of previously filed LCAs.Importantly, this...
A federal district court in Massachusetts has postponed the effective date of the Department of Homeland Security (DHS) final rule that would eliminate the duration-of-status (D/S) framework for F-1 students, J-1 exchange visitors, and certain I nonimmigrants. The rule, titled “Establishing a Fixed Time Period...
The U.S. Department of Homeland Security (DHS) is scheduled to publish a notice of proposed rulemaking on September 11, 2026, that would eliminate the discretionary grace period of up to 60 days currently available to certain nonimmigrant workers following the end of employment. The proposed...
For many U.S. employers, sponsoring a foreign national for H1B classification begins with the annual H1B cap registration process. Because the demand for H1B visas consistently exceeds the number available each fiscal year, many employers must rely on the H1B lottery before they may file...
