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...
Some applicants who have provided biometrics are seeing an unsettling update in their USCIS online case history: “Case Required USCIS To Send A Notice.” The accompanying message may say, “On [date], we issued a notice for your Form [form type], Receipt Number [number].” In cases...
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...
UPDATE TO: October 2026 Visa Bulletin USCIS has confirmed that applicants may use the Dates for Filing charts for both family-sponsored and employment-based adjustment-of-status filings in October 2026. Check your category, country of chargeability, and priority date before filing Form I-485. https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin...
UPDATE: October 2026 Adjustment of Status: Dates for Filing for Family and Employment CategoriesThe October 2026 Visa Bulletin marks the start of fiscal year 2027, with renewed visa availability for EB2 India and unreserved EB5 India, while several employment-based cutoff dates for countries other than...
