Worker Archives - Murthy Law Firm

28 Jul 2026

I received deferred disposition for an assault / family violence citation. Since the case was later dismissed, do I still have a conviction for immigration purposes?

Answer You may still have a conviction for immigration purposes. A conviction for immigration purposes can exist even if the court withholds adjudication and later dismisses the case, so long as the person entered a guilty plea, no contest plea, or admitted sufficient facts, and the...

27 Jul 2026

NewsFlash! Federal Appeals Court Allows Block on $100,000 H1B Fee to Take Effect

On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the Trump Administration’s request to stay a federal district court judgment that vacated agency actions implementing the $100,000 H1B payment requirement. As a result, the district court’s order blocking the $100,000...

09:19 / For Employers / NewsBrief / USCIS News / Worker

17 Jul 2026

USCIS Reaches FY2027 H1B Cap; No Second Lottery Expected

U.S. Citizenship and Immigration Services (USCIS) announced in a blast email that they have received enough petitions to reach both the congressionally mandated 65,000 H1B regular cap and the 20,000 H1B U.S. advanced degree exemption, commonly known as the master’s cap, for fiscal year 2027...

13:03 / For Employers / For Individuals / NewsBrief / USCIS News / Worker

17 Jul 2026

DHS Final Rule Ends Duration of Status for F, J, and I Nonimmigrants

The U.S. Department of Homeland Security (DHS) has published a final rule in the Federal Register that replaces duration-of-status admissions for F, J, and I nonimmigrants with fixed admission periods. The rule is scheduled to take effect 15.Sep.2026, subject to the congressional review process and...

12:25 / For Families / For Individuals / Homeland Security / NewsBrief / Nonimmigrant Family / Student / Worker

16 Jul 2026

Is USCIS still requesting the $100,000 fee despite the recent court decision?

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,...

10:40 / FAQs / For Employers / Homeland Security / Legislation / USCIS News / Worker

15 Jul 2026

DOL Signals Major Modernization of PERM Program Through New Proposed Rulemaking

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)...

13:49 / For Employers / For Individuals / NewsBrief / Worker

14 Jul 2026

My new employer filed an H1B transfer petition and received the electronic receipt notice. Do I need to wait for the paper receipt notice to arrive before starting work?

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...

11:15 / FAQs / For Employers / For Individuals / Worker

09 Jul 2026

Understanding the Cap-Gap Rule

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...

11:32 / For Employers / For Individuals / Homeland Security / NewsBrief / Student / Travel / Worker

01 Jul 2026

A Simple Explanation of Lawful Status, Authorized Stay, and Unlawful Presence

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...

16:04 / Employment Based / Family Based / For Families / For Individuals / Immigrant Family / NewsBrief / Nonimmigrant Family / Resident / Student / Worker

08 Jun 2026

NewsFlash! Massachusetts Federal Court Vacates $100,000 H1B Proclamation Policy

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...

15:49 / For Employers / For Individuals / NewsBrief / Worker

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