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...
Answer Any arrest, charge, or conviction can complicate a nonimmigrant visa application, although a criminal record does not automatically make every applicant inadmissible. The result depends on the offense, criminal statute, disposition, sentence, and other facts. If a criminal ground of inadmissibility applies, the applicant may...
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...
The Department of Homeland Security (DHS) is considering a proposal that could significantly affect certain H-4 dependent spouses of H1B nonimmigrant workers. Listed under Regulatory Information Number 1615-AD14, the proposal would eliminate the regulatory basis for eligible H-4 spouses to request employment authorization under the...
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...
Answer You may still have a conviction for immigration purposes. A conviction for immigration purposes can exist even if the court withholds adjudication and later dismisses the case, so long as the person entered a guilty plea, no contest plea, or admitted sufficient facts, and the...
