Today, the U.S. Department of State (DOS) released the September 2025 Visa Bulletin. There is no movement in the latest visa bulletin from the previous month. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based,...
Answer Unfortunately, once a dependent child turns 21, they are no longer eligible for H-4 status through their parent. He cannot rely on a USCIS error to continue his stay in H-4 past his 21st birthday. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Consular posts typically may issue an H1B visa “stamp” up to 90 days prior to the start date listed on the approved H1B petition. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer Generally speaking, a person with a pending I-485, who is not maintaining their underlying nonimmigrant status, is considered to be in a period of authorized stay. Unfortunately, we have received reports that the Trump Administration is putting some people in this situation in removal (i.e.,...
On 05.Aug.2025, the U.S. Department of State published a temporary final rule in the Federal Register implementing a 12-month visa bond pilot program targeting certain B-1/B-2 nonimmigrant visa applicants. The program ostensibly aims to address overstay concerns by requiring certain applicants to post a visa...
Answer No, a denial of the H1B petition typically does not affect the PERM process. Similarly, if the PERM case is denied, the H1B petition normally would not be impacted. (06.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
Answer Yes, a foreign national ordinarily may continue to work in the H1B position until the H-4 COS is approved. Once the COS is approved, one typically may not work until the EAD is issued. The EAD may be issued around the same time as the...
Answer Yes, this normally would be allowed. Filing a family-based case generally would have no impact on a pending employment-based case. Both cases could continue, but each would have a separate priority date. (i.e., The priority date from an employment-based case cannot be used for a...
A federal district court ruled on 29.Jul.2025, that the current EB5 investment sustainment requirement will remain in place while the U.S. Citizenship and Immigration Services (USCIS) works on formal rulemaking to implement changes from the EB5 Reform and Integrity Act of 2022 (RIA). The decision...
Recently, the U.S. Citizenship and Immigration Services (USCIS) submitted a proposed rule to the Office of Management and Budget (OMB), titled "Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions." While the text of the proposed rule has not yet been...
