The Department of Homeland Security (DHS) is scheduled to publish a proposed rule in the Federal Register on August 25, 2026, proposing a new $103,265 fee for all H-1B cap-subject petitions, including petitions eligible for the advanced degree exemption. The fee would be in addition...
On August 5, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert revising its guidance regarding the evidence required with initial benefit requests and the circumstances under which officers may issue, or decline to issue, Requests for Evidence (RFEs), and Notices of...
The nuts and bolts of Nonimmigrant Visa (NIV) waivers and best practices in preparing these waiver packages are discussed by Murthy Law Firm attorneys in the August 2026 podcast.The MP3 is available here and soon can be found in the archive of our podcasts and...
On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the Trump Administration’s request to stay a federal district court judgment that vacated agency actions implementing the $100,000 H1B payment requirement. As a result, the district court’s order blocking the $100,000...
U.S. Citizenship and Immigration Services (USCIS) announced in a blast email that they have received enough petitions to reach both the congressionally mandated 65,000 H1B regular cap and the 20,000 H1B U.S. advanced degree exemption, commonly known as the master’s cap, for fiscal year 2027...
The U.S. Department of Homeland Security (DHS) has published a final rule in the Federal Register that replaces duration-of-status admissions for F, J, and I nonimmigrants with fixed admission periods. The rule is scheduled to take effect 15.Sep.2026, subject to the congressional review process and...
The U.S. Department of Labor (DOL) has taken the first formal step toward a significant overhaul of the permanent labor certification (PERM) program. According to the Office of Information and Regulatory Affairs (OIRA) regulatory agenda, the DOL has listed a Notice of Proposed Rulemaking (NPRM)...
For many F-1 students, selection in the H1B cap is welcome news. However, because H1B employment typically begins after the expiration of many students’ F-1 status or Optional Practical Training (OPT), a gap can arise between the end of F-1 employment authorization and the H1B...
A person living in the United States on a visa may hear terms such as “out of status,” “authorized stay,” and “unlawful presence.” Although these phrases can sound similar, they have distinct legal meanings. Understanding the difference can be important, because it may affect whether...
A federal district court in Massachusetts has ruled that the government’s policy implementing President Trump’s 19.Sep.2025 Proclamation imposing a $100,000 supplemental payment requirement for certain H1B petitions is unlawful and vacated the policy in its entirety. In State of California et al. v. Mullin et...
