On September 24, 2025, the U.S. Department of Homeland Security (DHS) will publish a proposed rule in the Federal Register titled “Weighted Selection Process for Registrants and Petitioners Seeking to File Cap-Subject H-1B Petitions.” If finalized, the rule would change the H1B cap registration process...
Last night, Trump issued a proclamation to restrict the entry of certain nonimmigrant workers, specifically targeting the H1B visa program. The proclamation, which goes into effect at 12:01 a.m. EDT on September 21, 2025, requires employers to pay a $100,000 fee to accompany a visa petition...
The Trump Administration is poised to sign a proclamation that would impose a $100,000 fee for H1B petitions. No additional details have been provided. But, if Trump proceeds with this action, it will inevitably result in a flurry of lawsuits filed to block the rule...
Answer There is no form or specific format required for requesting 212(d)(3) nonimmigrant visa waiver. The applicant may submit an application package – usually at a consular post, in connection to applying for a nonimmigrant visa – that includes things such as a letter providing details...
The U.S. Department of State (DOS) has issued new instructions, effective 06.Sep.2025, that may sharply curtail the practice of third-country national (TCN) visa processing. The new guidance signals that most nonimmigrant visa (NIV) applicants will be expected to apply from within their country of nationality...
Answer Generally speaking, an H-4 visa “stamp” remains valid through the expiration date listed on the document. Changing status to B-2 typically would not prevent a person from later using the visa to request admission in H-4 status, assuming the principal spouse is in valid H1B...
Answer Because this petition is requesting a change of status, and not simply a change of employer while already in H1B status, it is necessary to wait for the H1B petition approval before starting employment again. (27.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Unfortunately, once a dependent child turns 21, they are no longer eligible for H-4 status through their parent. He cannot rely on a USCIS error to continue his stay in H-4 past his 21st birthday. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies...
Answer Consular posts typically may issue an H1B visa “stamp” up to 90 days prior to the start date listed on the approved H1B petition. (12.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here....
Answer No, a denial of the H1B petition typically does not affect the PERM process. Similarly, if the PERM case is denied, the H1B petition normally would not be impacted. (06.Aug.2025)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our...
