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...
A diverse group of organizations has filed suit against Trump’s proclamation that imposes a $100,000 fee on “new” H1B petitions. The organizations, which include schools, religious organizations, labor unions, and workers, presents multiple legal theories as to why the fee is not lawful.In the lawsuit,...
For over three decades, immigration enforcement agencies operated under policies that restricted enforcement activities at certain sensitive locations, such as schools, places of worship, and hospitals. This protective framework, built through successive presidential administrations, ended abruptly on January 20, 2025, when the Trump Administration rescinded...
On September 17, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced the implementation of the new 2025 Civics Test for naturalization, replacing the 2008 version of the test. Here are the key points you need to know about the new test:Approximately 75 percent...
