Answer Yes. USCIS is still requesting the $100,000 fee for covered petitions, and the fee remains in effect and collectible for now. Although the U.S. District Court for the District of Massachusetts struck down the fee on June 8, finding it to be an unauthorized tax,...
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...
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...
A federal district court in Massachusetts has ruled that the government’s policy implementing President Trump’s 19.Sep.2025 Proclamation imposing a $100,000 supplemental payment requirement for certain H1B petitions is unlawful and vacated the policy in its entirety. In State of California et al. v. Mullin et...
The U.S. Citizenship and Immigration Services (USCIS) has issued an interim final rule giving officers the discretion to deny, rather than simply reject, a benefit request found to have an invalid signature after the case has been accepted for processing. Why this Matters Previously, requests with invalid signatures...
The Treaty Trader / Investor Visa (nonimmigrant E classification) is designed for the benefit of nationals of a country with which the U.S. has a treaty of commerce and navigation, or a similar agreement. The E classification is divided into two categories. E-1 is for...
Answer There is no requirement that an employee be in H1B status for an employer to pursue the PERM labor certification process on the employee’s behalf. An employer may generally begin the PERM process regardless of whether the employee was selected in the H1B lottery or...
Common issues that non-citizens face when reentering the U.S. after travel abroad are discussed by Murthy Law Firm attorneys in this podcast, broadcasted on 06.May.2026.The MP3 is available here and soon can be found in the archive of our podcasts and teleconferences on iTunes. Find...
