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. Citizenship and Immigration Services (USCIS) has announced a final rule rescinding the public charge regulation issued during the Biden administration, which has governed public charge determinations in adjustment of status applications since 2022. The new rule, published by the Department of Homeland Security...
The Department of Homeland Security has finalized a rule that replaces duration-of-status admissions for certain F, J, and I nonimmigrants with fixed admission periods, generally tied to the length of the program and capped at four years for F-1 and J-1 students and exchange visitors....
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)...
Answer Generally, no. An H1B worker ordinarily may begin employment with the new employer as soon as the H1B transfer petition is properly filed with USCIS, assuming all other portability requirements are met. Employers may have their own onboarding policies, but the physical receipt notice is...
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...
Trends in green card adjudication after the 21.May.2026 USCIS memo, including from interviews and requests for evidence (RFEs), are discussed by Murthy Law Firm attorneys in the July 2026 podcast.The MP3 is available here and soon can be found in the archive of our podcasts...
Answer AC21 portability, in part, requires that the I-485 application must have been pending for at least 180 days, and the I-140 petition remained approved through that point. If the employer withdraws the I-140 before the I-485 has been pending for 180 days, then the requirements...
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...
