The U.S. Department of Homeland Security (DHS) has issued a proposed rule that would eliminate the regulation requiring U.S. Citizenship and Immigration Services (USCIS) generally to defer to an earlier eligibility determination when reviewing a Form I-129 filing involving the same parties and underlying facts....
Answer An individual who is eligible for H1B portability generally may begin working for the new employer once USCIS receives and accepts for processing a properly filed, nonfrivolous petition. Portability is not available in every situation, however, and beginning employment before approval carries risk if the...
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...
Answer Brief trips to the United States generally do not interrupt the continuity of qualifying employment abroad. However, days spent physically in the United States normally do not count toward the required one year. The employer should document the employment period with the qualifying entity abroad...
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...
Answer Generally, yes. Unlike the H1B category, the TN classification does not have special immigration provisions that ordinarily require the employer to pay specified filing and attorney fees. Any repayment arrangement or payroll deduction still must comply with applicable employment and wage laws. (29.Sep.2026) Sheela Murthy and...
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)...
Answer Not necessarily. When checking a case on CEAC, the status may show only “Issued” or “Refused,” without distinguishing between a refusal that requires additional processing and a refusal that is based on another ground of ineligibility. Thus, a “Refused” status may reflect a refusal under...
