The U.S. Department of Homeland Security (DHS) has proposed eliminating the current regulations used to decide if an immigrant is likely to become a "public charge.” A foreign national who is considered likely to become a public charge is inadmissible, and therefore will not be...
The Validation Instrument for Business Enterprises (VIBE) program is a tool used by the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (DOL) to validate basic information about a company or organization wishing to employ a foreign national in the United...
The U.S. Citizenship and Immigration Services (USCIS) will publish an interim final rule on October 30, 2025, eliminating the practice of automatically extending employment authorization documents (EADs) for foreign nationals who file timely renewal applications. The rule takes effect immediately upon publication and applies to...
An applicant for adjustment of status (form I-485) or naturalization (form N-400) may face denial on two broad legal grounds: mandatory and discretionary. Understanding when a denial is compelled by statute, as opposed to when it reflects a negative exercise of discretion, is essential for...
The U.S. Chamber of Commerce has filed a lawsuit seeking to prevent the U.S. Citizenship and Immigration Services (USCIS) from implementing the $100,000 fee for H1B petitions imposed by presidential proclamation in September 2025. The complaint challenges both the legal authority for the fee and...
Answer No, the $100,000 fee would not apply to an F-1 student, if the H1B is approved as a change of status. (23.Oct.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs...
Today, the U.S. Citizenship and Immigration Services posted guidance on its website clarifying who is subject to the $100,000 fee imposed by Trump’s September 19, 2025 executive proclamation. Among other points of clarification, the updated guidance indicates that virtually all H1B workers will be subject...
The U.S. Citizenship and Immigration Services (USCIS) recently implemented a revision to the filing process for certain H2A temporary agricultural worker petitions. Here are the key points you need to know:Petitioners seeking unnamed H2A beneficiaries can electronically file a petition for a nonimmigrant worker:...
As the federal government shutdown drags on into its third week with no clear end in sight, the U.S. Citizenship and Immigration Services (USCIS) has provided helpful guidance for petitioners who are unable to timely file due to the closure of other essential agencies, such...
Following the implementation of the presidential proclamation imposing a $100,000 fee on certain H1B petitions effective September 21, 2025, additional clarity has emerged regarding who is subject to the fee and who is exempt. However, significant questions remain about the proclamation's scope and application, and...
