Employment Based Archives - Murthy Law Firm

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...

24 Mar 2026

I have a pending I-485 application for adjustment of status and decided not to renew my H1B and to switch to my EAD. Am I still in an immigration status?

Answer A pending I-485 application alone does not grant an immigration status but instead places the applicant in a period of authorized stay, which means the applicant can be present in the United States without accruing unlawful presence. (25.Mar.2026)Sheela Murthy and other senior attorneys provide guidance...

22:51 / Employment Based / Family Based / FAQs / For Families / For Individuals / Immigrant Family / Nonimmigrant Family / Resident / Worker

24 Mar 2026

Our company conducted PERM recruitment and then relocated to a new office. Does that invalidate the advertisements we ran?

Answer If the new worksite is in the same metropolitan statistical area (MSA) as the worksite location listed in the advertisements, the advertisements typically still can be used. If the new worksite is in a different MSA, then the PERM process likely would need to restart...

22:43 / Employment Based / FAQs / For Employers / For Individuals / Resident

18 Mar 2026

April 2026 Visa Bulletin

Yesterday, the U.S. Department of State (DOS) released the April 2026 Visa Bulletin. There is some substantial forward movement, especially for unlisted countries of chargeability. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First...

10:47 / EB5 Investor / Employment Based / For Employers / For Individuals / Investor / NewsBrief / Resident / Visa Bulletin

16 Mar 2026

AAO Issues Landmark Precedent Decision on Fraud Findings After Petition Withdrawal

The U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO) has issued a significant precedent decision, Matter of Texperts, Inc., 29 I&N Dec. 491 (AAO 2026), that will have lasting consequences for employers and foreign nationals facing fraud or misrepresentation allegations across a wide...

10:02 / Employment Based / Family Based / For Employers / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / USCIS News / Worker

05 Mar 2026

New Form I-129 and What it Means for H1B Cap Registration

The U.S. Citizenship and Immigration Services (USCIS) has released an updated edition of Form I-129, dated 02/27/26, which will be the only accepted version beginning 01.Apr.2026. The new edition includes significant changes to the H Classification Supplement that employers and practitioners should understand, particularly as...

09:41 / Employment Based / For Employers / NewsBrief / Resident / USCIS News / Worker

26 Feb 2026

Concerning Immigration Language Rumored to be in Federal Plea Agreements

It has recently come to the Murthy Law Firm’s attention that significant changes may be appearing in the language of federal plea agreements that could have serious immigration consequences for noncitizen defendants. Based on reports, new provisions are being included in plea deals that result...

07:40 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Worker

20 Feb 2026

March 2026 Visa Bulletin

The U.S. Department of State (DOS) has released the March 2026 Visa Bulletin. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category In the EB1 category, the cutoff dates for both China...

11:39 / EB5 Investor / Employment Based / For Employers / For Individuals / Investor / NewsBrief / Resident / Visa Bulletin

12 Feb 2026

DOS Confirms China is Not Part of Immigrant Visa Processing Pause

Per the American Immigration Lawyers Association (AILA), the U.S. Department of State (DOS) has confirmed that China is not included in the 75-country immigrant visa processing pause that took effect 21.Jan.2026. The clarification came after an erroneous alert appeared on the Travel Docs website causing...

08:34 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Resident

11 Feb 2026

I am a green card holder and wish to file for naturalization. However, I took a trip of more than six months to India within the last 5 years. Will this be an issue?

Answer While an absence of between 6-12 months is not necessarily a breach in residency for naturalization purposes, USCIS is increasingly scrutinizing absences of this length. (11.Feb.2026)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click...

06:14 / Employment Based / Family Based / FAQs / For Individuals / Resident / Travel

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