01 Jul 2020

Now that Trump has signed an executive order to suspend approval of green cards for those outside of the U.S., can we still apply for I-130 for parents who are in India?

Answer The Executive Order only prohibits the issuance of visas at consulates. It does not prevent the adjudication of I-130 petitions, and these should progress normally, as far as we know. (01.Jul.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on...

01 Jul 2020

Prior to issuance of the executive order, I scheduled an appointment to get my H1B visa stamp at a consulate in September. Can I still proceed to the appointment?

Answer If one was outside of the U.S. as of June 24th and does not presently have a valid H1B visa or travel document (e.g., advance parole), then the executive order likely prevents one in this situation from being issued an H1B visa. (01.Jul.2020)Sheela Murthy and...

01 Jul 2020

I’m currently working on H1B visa and the extension got approved recently. My wife went for a short visit to India but couldn’t get her H-4 visa stamped in time before executive order. She has a B-2 visa in her passport. Is it possible for her to visit the U.S. using her B-2?

Answer The executive order does not prevent a person from requesting admission in B-2 status. One in this situation would have to be able to convince the CBP officer at the U.S. port of entry that they are truly a "visitor," with intention of staying beyond...

30 Jun 2020

NewsFlash! Trump Amends Proclamation to Increase Number of Nonimmigrants Subject to Executive Order

Last night, President Trump amended his June 22, 2020 executive order in a small, but significant manner that clarifies and potentially increases the classes of nonimmigrants who are subject to the order. The original version of the executive order stated that, if a foreign national...

29 Jun 2020

MurthyAudio: Murthy Discusses Presidential Proclamation Impacting H1B, L-1, and Certain Other NIV Holders

Late on the evening of June 22, 2020, the Trump Administration issued a Presidential Proclamation that impacts individuals applying for certain nonimmigrant visas (NIVs). Specifically, the travel ban applies to certain NIVs like the H1B, H2B, L-1, certain J holders, and their dependents.There is fear...

23 Jun 2020

My employer is about to file my H1B cap case. Does the executive order prevent them from filing the petition?

Answer The executive order should not impact H1B cap or non-cap filings within the U.S. The USCIS should still be able to adjudicate all such petitions, as before the issuance of the Presidential Proclamation. If the petition is approved, however, and you are not in the...