Following the implementation of the travel ban implemented on 09.Jun.2025, many foreign nationals have been left with questions regarding their eligibility for visa issuance and admission to the United States. While the proclamation restricts entry for many, it includes provisions for exceptions, including a national......
30 June 2025If U.S. consular officers determine that an applicant committed fraud or willful misrepresentation to obtain an immigration benefit, they can make a finding under Immigration and Nationality Act (INA) 212(a)(6)(C)(i) that makes the applicant inadmissible to the United States. A finding of fraud or willful......
26 June 2025The U.S. Department of State (DOS) recently announced that U.S. consular posts soon will resume scheduling visa appointments for F, M, and J nonimmigrant visa applicants. The resumption comes alongside the implementation of expanded screening and vetting procedures that will include comprehensive review of applicants’......
23 June 2025Answer If a student attends a school on a quarter or trimester calendar, they may take one vacation per year during any one of the quarters or trimesters, as long as they have completed the equivalent of an academic year prior to taking the vacation.......
17 June 2025Given President Trump’s immigration directives, which focus heavily on enforcement efforts, there is growing concern surrounding possible increases in site visits and audits by various agencies involved in immigration enforcement. This article gives a non-exhaustive list of areas where employers can audit themselves or seek......
02 June 2025Secretary of State Marco Rubio announced on 28.May.2025 that the U.S. Department of State (DOS) would begin to “aggressively revoke” F-1 visa “stamps” of certain Chinese nationals studying in the United States and will closely scrutinize future visa applicants from China. Targeting Communists and Those......
29 May 2025The Trump administration has ordered all U.S. consular posts to temporarily halt the scheduling of visa “stamp” appointment slots at consular posts for F, J, and M visa applicants. Foreign nationals who have already scheduled such visa appointments should not be impacted by this announcement.......
27 May 2025Answer A person in valid H-4 status typically is permitted to enroll in university, regardless of whether they have an EAD. (21.May.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more......
21 May 2025Common issues faced by non-citizens when reentering the U.S. after travel abroad are discussed by Murthy Law Firm attorneys in this May 2025 podcast recommended specifically for employers. The MP3 is available here and can be found in the archive of our teleconferences and......
15 May 2025Murthy Law Firm attorneys guide nonimmigrants and others on preparation for entering the U.S. at a port of entry (POE) in 2025. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes. ......
01 May 2025Answer Typically, applying for an F-1 visa “stamp” would not impact the validity of an existing B-1/B-2 visa. (30.Apr.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 here. ......
30 April 2025Recent developments indicate that the Student and Exchange Visitor Program (SEVP) / U.S. Immigration and Customs Enforcement (ICE) is taking the position that the termination of a SEVIS record does not automatically result in the loss of lawful immigration status. This evolving interpretation carries significant......
24 April 2025Murthy Law Firm’s Assistant Managing Attorney, Anna Stepanova, was interviewed recently by a CBS News affiliate in Colorado regarding the recent wave of student visa revocations. The story focused specifically on the F-1 visa revocations at Colorado State University and the University of Colorado. Not......
21 April 2025U.S. immigration law includes provisions intended to help authorities keep track of foreign nationals in the United States. By law, all non-U.S. citizens aged 18 or older are required to carry at all times, a “certificate of alien registration or alien registration receipt card” (e.g.,......
17 April 2025In light of recent immigration policies and heightened scrutiny at U.S. ports of entry, many noncitizens are feeling anxious about returning to the U.S. It is important to approach reentry with preparation and caution. While every situation is unique, there are several best practices that......
10 April 2025Many international students in the U.S. are facing a troubling situation: they are receiving sudden eMails from the government and their designated school officials (DSOs) saying their F-1 visas have been revoked and their SEVIS records terminated. Understandably, this causes tremendous fear and confusion. Students......
04 April 2025Details of the alien registration requirement, which had been announced by the U.S. Citizenship and Immigration Services (USCIS) on 25.Feb.2025, have now been released. Effective 11.Apr.2025, foreign nationals who are subject to the new registration mandate must comply with the registration requirement via an online......
17 March 2025Issues that come up at the U.S. Consulate when obtaining a nonimmigrant visa are discussed by attorneys from the Murthy Law Firm and our affiliate, Murthy Immigration Services, Pvt. Ltd, Chennai, India, in this podcast in our series intended for employers. The MP3 is......
12 March 2025On 26.Feb.2025, the U.S. Department of State (DOS) issued updated guidance in the Foreign Affairs Manual (FAM) removing the policy that a consular officer’s recommendation for approval of a foreign national’s nonimmigrant visa (NIV) waiver request be consistent with a prior adjudication of the individual’s......
10 March 2025Last month, the U.S. Department of State quietly changed the eligibility requirements for nonimmigrant visa applicants in India seeking an interview waiver (commonly referred to as “dropbox” appointments). These changes, which appear to have been made without a formal announcement, are outlined on the U.S.......
14 February 2025The H1B registration period for fiscal year 2026 (FY26) is nearly upon us. The U.S. Citizenship and Immigration Services (USCIS) will kick off the two-week H1B registration period on 07.Mar.2025. And, while there are some registration system enhancements this year, the core process of submitting......
11 February 2025The STEM OPT training plan and how employers and employees can comply with its requirements are discussed by Murthy Law Firm attorneys in this podcast. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes.......
29 January 2025Answer Although the regulations do not explicitly forbid working as an independent contractor, the STEM OPT guidance requires a bona fide employer-employee relationship, including training, supervision, and wage requirement. Therefore, it seems likely that working as an independent contractor would be viewed as a violation......
08 January 2025Answer The prudential revocations of a visa due to a DUI only impacts the visa “stamp,” not a person’s status. That being said, please see our MurthyDotCom InfoArticle, Alcohol-Related Arrests Create Immigration Problems (29.Dec.2023), which summarizes some of the key problems that can be created......
02 January 2025Answer A PERM case filed for one’s spouse normally would not increase the risk the denial of a change of status to F-1. (24.Dec.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
24 December 2024On 18.Dec.2024, the U.S. Department of Homeland Security (DHS) will publish a final rule in the Federal Register that will implement a number of significant changes, primarily to the H1B program. These changes are scheduled to go into effect 30 days after publication – just......
17 December 2024President-elect Donald Trump soon will be sworn in as the forty-seventh President of the United States, and many foreign nationals are nervously waiting to see how and when he will implement many of the disruptive immigration policies that marked his first term in office. One......
25 November 2024President-elect Donald Trump will begin his second term in office as President of the United States, effective January 20, 2025. Since the election, the Murthy Law Firm has received numerous questions about how his new administration will impact U.S. immigration law and policy. To assist......
21 November 2024Over the past several days, President-elect Donald Trump has selected several people to serve in his administration, which will start on January 20, 2025. All, unsurprisingly, have expressed views that parallel those the President-elect when it comes to immigration issues. Former ICE Director to Serve......
14 November 2024Answer A revocation of a visa “stamp” does not impact one’s immigration status in the U.S. It means, however, that you would have to apply for a new visa to return to the U.S. after a trip abroad, even though your existing visa stamp may......
30 October 2024In general, each state sets its own rules regarding who is eligible to receive a driver’s license. However, under the REAL ID Act of 2005, for a state-issued driver’s license to be a compliant form of identification for official purposes, a state motor vehicle department......
30 September 2024Answer Your EAD and F-1 status are automatically extended for 180 days while your STEM OPT is pending. If you travel during this time, you should be able to come back with an expired EAD and the STEM OPT receipt notice. You should also be......
18 September 2024The PERM labor certification is the first in a three-step process in the majority of employment-based, permanent resident (commonly referred to as “green card”) cases. Because of how long this process can take, foreign nationals studying in the United States often want to begin the......
16 September 2024On August 27, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued updated guidance in the USCIS Policy Manual related to optional practical training (OPT) for F-1 students. Below are the key points you need to know: A student may apply for a STEM OPT......
05 September 2024Answer You should be eligible for the 60-day grace period in F-1 status as long as your STEM OPT was not denied due to an F-1 status violation. While you are in your grace period, you may transfer your SEVIS to another program of study......
28 August 2024A student in F-1 status who has been granted optional practical training (OPT) may normally have no more than a total of 90 days of unemployment during the initial one-year post-completion OPT period. On occasion, the Murthy Law Firm hears from students on OPT who......
26 August 2024As the second round of the FY2025 cap lottery begins, it is important to note one avoidable reason for an H1B petition – or really, any type of petition or application – to be rejected by the U.S. Citizenship and Immigration Services (USCIS) is for......
20 August 2024A policy proposal from the Heritage Foundation named the 2025 Presidential Transition Project – or Project 2025, as it is widely referred to in the press – presents a comprehensive set of conservative reforms aimed at restructuring federal government policies, including U.S. immigration policy. Former......
29 July 2024Answer As long as your new employer is registered with E-Verify and the new job offer is for at least 20 hours per week, you should have a new Form I-983 completed with your new employer and provide it to your DSO. This should enable......
24 July 2024A student in F-1 status, who is on Optional Practical Training (OPT), may have no more than a total of 90 days of unemployment during the regular one-year post-completion OPT period. A student eligible for an additional 24 months of OPT (for a total of......
20 May 2024Answer If a student wishes to change employers when the STEM OPT application is pending, the student must report the change of employers to the DSO and provide the DSO with a new training plan (I-983 form) completed and signed by both the employer and......
01 May 2024The U.S. Citizenship and Immigration Services (USCIS) strictly enforces the requirement to file the optional practical training (OPT) application within 30 days of the date the designated school official (DSO) enters the OPT recommendation into the Student and Exchange Visitor Information System (SEVIS) record, and......
22 April 2024Answer No, only the employer and/or the attorney representing the employer can directly check to see if the registration was submitted on your behalf. You could try filing a Freedom of Information Act (FOIA) request with the USCIS to ask for documents related to any......
10 April 2024A student in F-1 status with initial optional practical training (OPT) authorization may meet the employment requirements by engaging in self-employment as an alternative option from the standard employment relationship. For a student interested in such an alternative or who is otherwise interested in starting......
08 April 2024For those not selected in the H1B cap-subject lottery, some options are discussed in this article, including transferring to another F-1 program of study, finding cap-exempt employment or determining if another nonimmigrant option is viable. There also are options for nationals of certain countries like......
01 April 2024The Murthy Law Firm routinely receives calls from individuals asking how to deal with birth documents that have incorrect information. Foreign nationals seeking to apply for U.S. immigration benefits should ensure that the birth information on official documents, like birth certificates and passports, is accurate.......
21 March 2024Employment options available to F-1 students are the topic discussed by Murthy Law Firm attorneys in the March 2024 podcast in our series for employers. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes.......
14 March 2024The typical H1B cap-filing season raises questions about extensions of F-1 student status and optional practical training (OPT) before the beginning of H1B status. Many foreign national students tend to have questions about coordinating H1B filings with the expiration of their F-1 status and OPT......
07 March 2024Answer A person typically qualifies for a new period of OPT after each educational level. The “master’s” period of OPT would be exhausted after completing an MBA, so one would not qualify after then completing a second master’s degree. And, you cannot apply for a......
28 February 2024Answer No, there normally is nothing that would need to be filed for the H1B principal’s dependents during the registration period. (21.Feb.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more......
21 February 2024The official U.S. Visa Information Service website for consular services in India has updated its guidance for Indian students applying for emergency student visa appointments. This guidance was prompted largely by a shortage of regular visa appointments at U.S. consular posts in India, necessitating many......
19 February 2024Answer The expiration date of the F-1 visa in one’s passport typically has no impact on the F-1 status. The F-1 visa is an entry document. It generally must be valid when the person is requesting admission in F-1 status. But, if the person is......
14 February 2024Answer Yes, this is perfectly fine. There is no requirement that a foreign national currently be working for the company sponsoring the H1B. (08.Feb.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
08 February 2024The Murthy Law Firm has received multiple reports that the U.S. Citizenship and Immigration Services (USCIS) has been erroneously denying STEM optional practical training (OPT) applications filed by F-1 students, alleging that the applicant’s degree was not in a STEM designated field. This MurthyDotCom NewsBrief......
22 January 2024Answer Foreign nationals in F status do not have a specific expiration date noted on their I-94s, as they are admitted for duration of status (D/S). These individuals maintain their nonimmigrant statuses as long as they comply with the terms and conditions of their respective......
11 January 2024Answer Sure, assuming the degree is from an accredited, nonprofit U.S. college or university, the fact that it is an online university is irrelevant. You can check the accreditation status of a U.S. university through the U.S. Department of Education website. (04.Jan.2024) Sheela Murthy and......
04 January 2024The holiday season provides many with opportunities to have a good time, and a few drinks, with friends. Those who choose to do so should arrange for a designated driver or other safe, sober transportation home. Alcohol-related arrests, not to mention serious accidents, are all......
29 December 2023Answer No, this normally would not impact an applicant’s chances of being issued an F-1 student visa. (07.Dec.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. ......
07 December 2023There are two recent updates that impact how certain nonimmigrant visas are being processed at U.S. consular posts in India. The first update relates to a procedural change that impacts certain foreign nationals who scheduled nonimmigrant visa appointments in India on or after November 15,......
06 December 2023Answer Ordinarily, it is permissible to stay in the U.S. based upon a pending application to change to H-4 status, assuming the person was in valid status at the time of filing. There would typically be no requirement that the person remain enrolled in school......
22 November 2023On October 30, 2023, U.S. President Joseph Biden issued a wide ranging executive order on artificial intelligence (AI) which, in part, calls for the expansion of immigration opportunities for highly skilled foreign nationals with expertise in AI or other critical and emerging technologies to study,......
15 November 2023On October 24, 2023, the U.S. Citizenship and Immigration Services (USCIS) released guidance clarifying aspects of the two-year foreign residency requirement for certain J-1 visa holders. The policy update provides guidance on how the USCIS determines whether an individual has met the foreign residency requirement......
13 November 2023Answer The H1B prevailing wage requirements generally do not go into effect until the H1B petition is approved. So, this typically would not create any issues. (08.Nov.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online......
09 November 2023While foreign nationals are typically mindful about confirming the permissibility of international travel prior to boarding a plane, an individual may be less mindful about another, less common form of travel – international cruises. However, like air travel, a foreign national should understand the nature......
06 November 2023On October 12, 2023, the U.S. Citizenship and Immigration Service (USCIS) launched the new Enterprise Change of Address (E-COA) self-service tool for an individual to notify the USCIS of a change in address. The tool is intended to improve the speed and efficiency of updating......
19 October 2023Beginning October 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) will exempt all I-539 applicants from paying the $85 biometrics service fee. This exemption will apply indefinitely. Background Information In 2019, the USCIS implemented a policy that required most form I-539 applicants to complete......
28 September 2023Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion......
21 September 2023On September 1, 2023, the U.S. Department of States (DOS) issued a reminder to visa applicants that all machine-readable visa fee receipts issued prior to October 1, 2022, will expire on September 30, 2023, unless immediate action is taken. If an affected individual does not......
20 September 2023Are you seeking to pursue higher education in the United States as an F-1 student? This Special Podcast, produced in association with Telugu Association of North America (TANA), is tailored just for you. Join our team of experienced immigration lawyers as they delve into the......
01 September 2023Answer In the preamble to the regulation that created the 24-month STEM OPT program, the Department of Homeland Security (DHS) laid out the rule regarding travel while a STEM OPT extension is pending: “Students on STEM OPT extensions (including those whose application for a STEM......
31 August 2023Answer Generally speaking, one of the requirements for OPT eligibility is that the individual must have been enrolled in a college or university on a full-time basis for at least one full academic year. The USCIS has clarified that, for pre-completion OPT, the one-full-academic-year requirement......
31 August 2023Earlier this year, the U.S. Department of State (DOS) updated the guidance for how consular officers should determine whether a misrepresentation made by a foreign national is to be considered “material.” Under the Immigration and Nationality Act, if a foreign national makes a misrepresentation regarding......
14 August 2023The impact of criminal issues like DUI and shoplifting on nonimmigrant status and Lawful Permanent Residence (i.e. green card) are discussed by Murthy Law Firm attorneys in the podcast that aired 02.Aug.2023. The MP3 is available here and in the archive of our teleconferences and......
10 August 2023[Read Part 1 of this article.] This is the second in our two-part InfoArticle on the selection of one’s own attorney for immigration matters. Part 1 of this article addressed this topic in the immigrant (green card) context. Here, the selection of an attorney for......
07 August 2023Answer Ordinarily, if you transfer your F-1 SEVIS record to another program of study, you will no longer be eligible for OPT based on your previous degree. Therefore, even if the denial decision was issued in error, the USCIS would normally not be able to......
20 July 2023Each year, thousands of international students arrive in the United States to pursue higher education opportunities at U.S. universities. Researching higher education options in a foreign country can be a daunting task, especially given the thousands of academic programs available in the U.S. and the......
29 June 2023On July 15, 2023, the official U.S. Department of State (DOS) Visa Appointment Service website for India will move to a new system for U.S. visa services. The DOS has asked that a U.S. visa applicant take certain steps to better ensure the appointment and......
21 June 2023Any individual seeking an immigration benefit may experience long processing times. Although lengthy processing times are not necessarily a cause for concern, there are situations in which an individual or an employer may feel the need to take additional action and file a writ of......
19 June 2023Today, the U.S. Citizenship and Immigration Services (USCIS) announced the expansion of premium processing service for foreign nationals seeking a change to F, M, or J nonimmigrant status. The expansion of this premium processing service is being implemented in two phases. Beginning June 13, 2023,......
12 June 2023Answer Generally speaking, one must have the approved EAD prior to commencing OPT employment. (08.Jun.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2023,......
08 June 2023Answer Typically, there is no requirement for the F-1 student to remain in school once an application to change status to H-4 is properly filed. (01.Jun.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,......
01 June 2023F-1 status, how students can avoid violating their F-1 status, and employment options available to F-1 students are the topics discussed by Murthy Law Firm attorneys in the May 2023 podcast. The MP3 is available here and is available in the archive of our teleconferences......
24 May 2023The U.S Customs and Border Protection (CBP) initiated a “stampless” entry pilot program in April 2022, and is now in the process of implementing the program at all airports, seaports, and land ports of entry (POEs) as part of a larger effort to streamline the......
15 May 2023Answer There are three basic requirements to qualify for L-1: (1) the foreign entity and U.S. entity must have common ownership and control; (2) the person must work in an executive, managerial, or specialized knowledge position for the related entity abroad for at least one......
04 May 2023The U.S. Department of State (DOS) recently announced that first time F and M student visa applicants now can be issued visas up to 365 days in advance of the program start date listed on the I-20 form. Prior to this change, F and M......
03 April 2023The U.S. Citizenship and Immigration Services (USCIS) is expanding premium processing service for F-1 students applying for employment authorization documents (EADs) pursuant to OPT and STEM OPT extensions. The USCIS goal is to offer a more predictable process for timely adjudication for F-1 students applying......
29 March 2023The U.S. Citizenship and Immigration Services (USCIS) has released updated policy guidance related to employment authorization for F-1 nonimmigrant students who qualify for special student relief (SSR) based on severe economic hardship. More specifically, the guidance serves to clarify the maximum length of time the......
08 March 2023Answer No. If OPT is not used following the completion of one program, that OPT period cannot be added to OPT available through the completion of a subsequent program. (15.Feb.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on......
16 February 2023Answer A person typically qualifies for a new period of OPT after each educational level. The “master’s” period of OPT would be exhausted after completing the Computer Engineering degree. So, a new period of OPT would not be available based on the completion of an......
26 January 2023Answer The visa foil is just an entry document; one’s valid F-1 status is governed by the SEVIS database. A valid visa foil is not required for a new program. It will only be necessary if one seeks to reenter the U.S. after foreign travel.......
26 January 2023The U.S. Citizenship and Immigration Services (USCIS) has announced that the premium processing service soon will be made available for all new and pending I-140 petitions filed under the EB1(c) multinational executive and manager category and EB2 national interest waiver (NIW) I-140 petitions. The USCIS......
18 January 2023Answer To qualify for the master’s cap, one must have a master’s degree or higher from a qualifying U.S. university. This applies, even if you will not be using that degree to qualify for the H1B position. (04.Jan.2023) Sheela Murthy and other senior attorneys provide......
05 January 2023Many aspects of immigration law are tied to expiration dates, grace periods, filing deadlines, and other date-driven matters. So, it is vitally important to keep informed and on top of calendar items and timelines specific to one’s immigration process. Many serious problems can be avoided......
04 January 2023When an individual applies for an F-1, H1B, or other nonimmigrant visa at the U.S. consulate abroad, it can be fairly common to be refused initially under Section 221(g) of the Immigration and Nationality Act (INA). This broad section applies to a wide variety of......
05 December 2022For people not accustomed to the open displays of merchandise typical in the United States, the opportunity to pick up a few small items could prove tempting. Many newcomers to this country do not realize that seemingly minor crimes can have very serious immigration, as......
23 November 2022The U.S. Department of Education (DOE) terminated recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency on August 19, 2022. The U.S. Citizenship and Immigration Services (USCIS), in turn, recently issued an alert explaining the immigration impact this loss......
21 November 2022Legalization or decriminalization of marijuana at the state level can mislead noncitizens into thinking using marijuana in accordance with state law is legal. Marijuana, however, is a controlled substance under federal law. Therefore, the use, sale, purchase, or even the mere possession of marijuana, in......
15 November 2022Mr. Don Heflin, the Minister Counselor for Consular Affairs at the U.S. Embassy in India, recently conducted a question-and-answer session to update the public on the state of visa appointments at U.S. consulates in India. Staffing Levels Mr. Heflin noted that staffing levels at the......
03 November 2022Under U.S. immigration law, if a foreign national applies for a nonimmigrant visa or for admission to the United States as a nonimmigrant, the application often can only be approved if the individual can demonstrate a lack of immigrant intent. There are a few notable......
31 October 2022The D.C. Circuit Court recently ruled in favor of the U.S. government in a lawsuit brought by a worker’s union, holding the F-1 optional practical training (OPT) and STEM OPT programs were lawfully enacted. The union unsuccessfully argued that the statute passed by Congress that......
27 October 2022Answer The fact that the I-130 petition was filed for consular processing would not prevent the beneficiary from instead applying for adjustment of status. However, until the priority date is current, it generally is not possible to file an I-485 application. (19.Oct.2022) Sheela Murthy and......
20 October 2022Answer Unfortunately, this generally is not permissible. If a person uses any amount of OPT following completion of one level of education, that person would not qualify for OPT again unless the person changes to a higher educational level (e.g., PhD program.) (08.Sep.2022) Sheela Murthy......
08 September 2022On August 10, 2022, the U.S. Department of State (DOS) shared a briefing where Ms. Julie M. Stufft, Deputy Assistant Secretary for Visa Services in the Bureau of Consular Affairs, discussed the status of immigrant and nonimmigrant visa processing at U.S. embassies and consulates around......
29 August 2022Answer Generally speaking, yes, it is possible to be self-employed during the initial OPT period, even if the position is unpaid. (24.Aug.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more......
25 August 2022Answer Having a pending I-485 would not automatically prevent a person from applying for a change of status to F-1. But, the USCIS would likely deny the F-1 application based on immigrant intent. (24.Aug.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the......
25 August 2022In 2004, the U.S. Citizenship and Immigration Services (USCIS) confirmed the continued validity of an approved change-of-status petition with a future start date, when a person travels abroad after such approval but reenters the United States before the future start date is reached. This clarification......
08 August 2022Answer If you earn a U.S. master’s degree from a qualifying university, you normally would qualify for the master’s cap. There is no requirement that a person be in F-1 status while attending the school in order to qualify for the master’s cap. (03.Aug.2022) Sheela......
04 August 2022The U.S. Citizenship and Immigration Services (USCIS) has announced two accommodations being made related to the COVID-19 pandemic. First, the USCIS again has extended the response time flexibility, initially announced on March 20, 2020. Second, the USCIS has made permanent the policy that allows all......
04 August 2022The U.S. consulates in India have recently altered the method for a visa applicant to appear for a follow-up appointment following a 221(g) refusal. The new process appears to be an improvement over the prior method, which required the applicant to schedule the follow-up appointment......
02 August 2022Answer No, there normally would be no need to file an application with the USCIS to move in F-1 status from a bachelor’s program to a master’s program. (20.Jul.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our......
20 July 2022Answer No, unfortunately, it typically is not possible to update a pending F-1 change-of-status application based on a new program of study. Assuming you have already turned 21 (and therefore are no longer eligible for H-4 status through a parent), filing a new application to......
20 July 2022Foreign nationals may be deemed ineligible for admission (i.e. inadmissible) to the United States for a variety of reasons. Common grounds of inadmissibility include the following: medical grounds, criminal grounds, and immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In......
05 July 2022Answer Yes, generally speaking, if the position otherwise meets the OPT requirements, it is possible to work as an unpaid intern during the initial OPT period. However, the U.S. Department of Homeland Security (DHS) has indicated that unpaid internships during a STEM OPT extension are......
30 June 2022Answer There is no requirement that a person be in H1B status for a company to initiate a PERM case for that individual. (01.Jun.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
02 June 2022Most foreign nationals in the United States must report address changes to the U.S. Citizenship and Immigration Services (USCIS). The legal timeframe for this notification is just ten days. The process is simple and free, and helps to facilitate proper delivery of official notices and......
26 May 2022Answer Yes, it is possible. However, each employer must fully comply with the standard STEM OPT requirements, including the requirement that it employ the individual for a minimum of 20 hours per week. (04.May.2022) Sheela Murthy and other senior attorneys provide guidance that clarifies the......
05 May 2022The Student and Exchange Visitor Program (SEVP) has extended the guidance issued in March 2020 for the 2022-23 academic year. This guidance allows certain continuing F and M students to enroll in more distance learning (e.g., online classes) than normally allowed. This accommodation was made......
02 May 2022Regular readers of MurthyDotCom have likely come across the terms: lawful status, period of authorized stay, and unlawful presence. These related, yet distinct concepts can play a very important role in one’s immigration matters. However, the differences can be subtle and complex. In many situations,......
19 April 2022Today, the U.S. Citizenship and Immigration Services (USCIS) announced multiple initiatives to help streamline the adjudication of benefit requests and reduce significant backlogs. Most importantly, the agency announced that the Department of Homeland Security (DHS) has finalized the rule expanding premium processing to additional application......
29 March 2022Answer There are no special visas available specifically based on the invasion of Ukraine. However, depending on the circumstances, there may be options to apply for a nonimmigrant visa. One option may be to apply for a B-1/B-2 visa. One hurdle with this option is......
17 March 2022A U.S. federal district court has approved a preliminary settlement agreement for former students of the University of Northern New Jersey (UNNJ), a fictitious university created by the U.S. Department of Homeland Security (DHS) in 2012. Following the closure of UNNJ in 2016, the DHS......
14 February 2022The Biden Administration has announced several immigration actions being taken to attract and retain science, technology, engineering, and mathematics (STEM) talent in the United States. The goal of these actions is to make the United States a more attractive option for students studying STEM and......
09 February 2022Answer Assuming the master’s was issued by a public university or other nonprofit institution that is accredited, yes, you likely qualify. There is no requirement that one be in F-1 status in order to qualify for the master’s cap. (02.Feb.2022) Sheela Murthy and other senior......
03 February 2022The U.S. Citizenship and Immigration Services (USCIS) has released guidance to clarify that if a foreign national files an application to extend / change nonimmigrant status (form I-539) online, and biometrics are required, the USCIS will transmit the biometrics notice solely via the applicant’s USCIS......
20 January 2022Answer A number of special allowances have been made due to the ongoing pandemic. One such allowance is that foreign nationals engaged in OPT or STEM OPT are permitted to work remotely from outside the United States if the employer has an office outside of......
12 January 2022Current trends in the Biden Administration, including USCIS adjudications, visa issuance at the consulates, and issues at ports of entry after traveling abroad are discussed by Murthy Law Firm attorneys in this podcast from 05.Jan.2022. The MP3 is available here and in the archive of......
11 January 2022Answer First off, note that the general itinerary requirement that had been in place was rescinded in 2020. So, there is a good chance your employer is not required to submit an itinerary. That being said, if your employer is submitting an itinerary, there is......
29 December 2021The U.S. Department of State (DOS) is temporarily making it much easier for many nonimmigrant visa applicants to qualify for a waiver of the in-person interview requirement. Commonly referred to as the “drop box” process, the rule expanding eligibility is scheduled to remain in effect......
28 December 2021As of November 8, 2021, in order to board a flight bound for the United States, foreign nationals are generally required to provide evidence of being fully vaccinated against COVID-19. Additionally, irrespective of citizenship and vaccination status, all air passengers ages 2 or older must......
06 December 2021Answer Generally speaking, it is possible to remain on OPT rather than apply for a change to H1B with the previous employer. Typically, this would not have a negative impact on the individual. (02.Dec.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the......
02 December 2021Effective November 8, 2021, the Biden Administration is rescinding the COVID-19 related travel restrictions based on several presidential proclamations. In its place, President Biden has issued a proclamation that requires nearly all nonimmigrant international air travelers to be fully vaccinated against COVID-19 before being admitted......
04 November 2021The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) has released a tip sheet to guide customers in communicating with the U.S. Citizenship and Immigration Services (USCIS). The USCIS has implemented a number of changes to reduce reliance on live assistance by telephone......
25 October 2021Answer There is no requirement that a person take classes while in F-1 status in order to qualify for the master’s cap. (13.Oct.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access......
14 October 2021Answer No, ordinarily, it is not possible to apply for a visa “stamp” from within the United States. (13.Oct.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. ......
14 October 2021The U.S. Department of Homeland Security (DHS) has a centralized traveler redress program intended to help individuals who have had problems during the travel screening process. The program, known as the DHS Traveler Redress Inquiry Program, or “DHS TRIP,” provides a single point of contact......
11 October 2021Answer This should not be a cause for concern. F-1 students now are generally eligible for blanket waivers. Therefore, no annotation is needed. (02.Sep.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
02 September 2021Answer Initially, the guidance from the U.S. Department of State (DOS) regarding F-1 students returning to the U.S. was extremely vague. Fortunately, the DOS has recently clarified that F-1 students (including those on CPT or OPT) who will resume their programs on or after August......
19 August 2021The U.S. Citizenship and Immigration Services (USCIS) has signed a settlement agreement with a group of F-1 students affected by long delays in processing of optional practical training (OPT) and 24-month STEM OPT extension applications. The settlement agreement potentially benefits the entire class of OPT......
18 August 2021The U.S. Citizenship and Immigration Services (USCIS) requires foreign nationals to submit biometrics in-person at an application support center (ASC) before granting certain categories of immigration benefits. After the USCIS schedules the biometrics appointment, if the individual fails to attend and does not take any......
12 August 2021Today, the U.S. Citizenship and Immigration Services (USCIS) announced that foreign nationals applying for a change of status to F-1 are no longer required to maintain nonimmigrant status until within 30 days of the actual (i.e. deferred) program start date. Rather, the USCIS has reverted......
20 July 2021Due to the COVID-19 pandemic, foreign nationals traveling to the United States from certain countries have been subject to travel restrictions based on several presidential proclamations. The presidential proclamations currently in effect suspend entry to the United States of certain individuals who were present in......
08 July 2021The Department of Homeland Security (DHS) has designated Burma (Myanmar) for temporary protected status (TPS) and provided flexibility for employment authorization to Burmese F-1 students based on severe economic hardship. These accommodations are due to the ongoing political crisis in Burma. The Burma designation for......
14 June 2021The U.S. Citizenship and Immigration Services (USCIS) has reinstated its policy to defer to previously issued approvals when adjudicating petitions requesting extensions of nonimmigrant status if all the terms and conditions remain the same. This marks a return to the long-standing policy of deference to......
14 May 2021Answer The suspension of travel from India due to the pandemic only applies to people who were physically in India during the past 14 days. If a person travels to a third country, such as Mexico, for two weeks, the travel ban would not prevent......
06 May 2021President Biden’s Proclamation suspending travel from India, first announced on Friday, April 30, 2021, is now effective. The Proclamation bans the entry of nonimmigrants who were physically present in India during the last 14-days, and is effective until further notice. Importantly, this prohibition on entry......
05 May 2021Answer Given the huge spike in COVID-19 cases in India, it definitely is possible new travel restrictions will be implemented. As of yet, no such restrictions have been announced, other than the requirement that travelers present a recent negative COVID-19 test before boarding a plane......
28 April 2021Answer No, applying for a STEM OPT extension typically would have no impact on an H1B registration case. (15.Apr.2021) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. ......
15 April 2021Current trends with visa issuance at the consulates and dropbox and issues at the port of entry after travel are the topics for discussion by Murthy Law Firm attorneys in this podcast, recorded April 07, 2021. The MP3 is available here, and is listed in......
15 April 2021With the ongoing COVID-19 pandemic, the availability of visa services at U.S. embassies and consulates abroad remains limited. The severity of backlogs in visa interviews varies based on epidemic control protocols of each country. U.S. embassies and consulates are taking the necessary precautions to protect......
14 April 2021Foreign nationals requesting admission to the United States and indeed, even U.S. citizens, may face additional scrutiny at the United States border. This includes the physical border itself or the functional equivalent of the border such as an international airport, port of entry, or border......
08 April 2021Answer Getting married to a person with a green card would have no direct impact on one’s F-1 status. However, if applying for certain immigration benefits, such as an F-1 visa at a consulate, it is possible this could create problems related to immigrant intent.......
01 April 2021With the arrival of fiscal year 2022 (FY22) H1B cap season, foreign nationals and employers should be aware of some important nuances of the H1B advanced-degree exemption, often referred to as the “master’s cap.” Clearly, the 20,000 H1B cap exemptions can be quite valuable for......
08 March 2021Answer Accredited, nonprofit universities are generally cap-exempt employers. If a person is going to be employed by a cap-exempt employer, the standard H1B cap timelines would not apply. There is no need to submit a registration, apply in the lottery, etc. The petition can normally......
04 March 2021The U.S. Citizenship and Immigration Services (USCIS) is providing additional flexibilities to qualifying F-1 students filing form I-765 based on OPT. These flexibilities are being provided because of ongoing processing delays at the USCIS and are available only to I-765 applications submitted to the USCIS......
04 March 2021If you are an F-1 student, you are probably aware that there are restrictions on working. When you initially obtained your SEVIS I-20 form and F-1 visa, you had to show that you could afford to go to school without working, since F-1 students generally......
17 February 2021President Biden is expected to sign an executive order (EO) on Tuesday, February 2, 2021 to modernize the U.S. immigration system. No further details on the forthcoming executive order have been provided. The President had been scheduled to sign this EO today, but delayed it......
29 January 2021The remaining immigration policies of President Trump and the Biden Administration’s anticipated immigration plans are the topic discussed by Murthy Law Firm attorneys in the first podcast of 2021, recorded January 6th. The MP3 is available here and in the archive of our teleconferences and......
13 January 2021The U.S. Department of State (DOS), which is responsible for all U.S. embassies and consulates, has provided an updated summary on its plan for the phased resumption of routine visa service across the globe. While this provides the general plan on how it will go......
06 January 2021The U.S. Citizenship and Immigration Services (USCIS) issued a statement this week, acknowledging delays in issuing receipt notices for cases filed at USCIS lockbox facilities. The USCIS attributes these delays to a significant increase in recent filings, along with a reduced processing capacity caused by......
17 December 2020Answer Generally speaking, once a person has been granted a change to H1B status, the STEM OPT terminates. It typically is not possible to use any remaining period of OPT (or STEM OPT.) (10.Dec.2020). Sheela Murthy and other senior attorneys provide guidance that clarifies the law.......
10 December 2020Legalization or decriminalization of marijuana or other narcotics at the state level can mislead noncitizens into thinking using such drugs in accordance with state law is legal. Marijuana, hallucinogenic mushrooms, and many other drugs are controlled substance under federal law. Therefore, the use, sale, purchase,......
10 December 2020This morning, Joseph R. Biden, Jr. secured enough electoral votes to win the 2020 presidential election. While President Trump is disputing the results, his claims of election fraud appear to be without merit, and have little chance of overturning the election. President-Elect Biden is expected......
07 November 2020On October 21, 2020, the U.S. Immigration and Customs Enforcement (ICE) announced that the agency had arrested 15 students in F-1 status with approved optional practical training (OPT), who allegedly committed fraud by reporting employment with “companies that don’t exist.” In addition, ICE reportedly intends......
26 October 2020On September 30, 2020, the Continuing Appropriations Act, 2021 and Other Extensions Act was signed into law, funding the federal government through December 11, 2020. Included in the bill is a provision that dramatically changes the premium processing service offered by the U.S. Citizenship and......
01 October 2020This evening, the U.S. Congress passed a bill to fund the federal government through December 11, 2020. President Trump is expected to sign the bill into law this evening. In addition to funding the federal government, the bill also includes some significant changes to the......
30 September 2020Today, the U.S. Citizenship and Immigration Services (USCIS) proposed eliminating the D/S (“duration of status”) designation routinely issued on I-94s for nonimmigrants in F, J, or I status. If the proposed regulation is enacted, I-94s for these categories would instead be issued with a set......
24 September 2020The Student and Exchange Visitor Program (SEVP) has issued a new broadcast message advising designated school officials (DSOs) that it will soon begin issuing notices to F-1 students participating in optional practical training (OPT) if the student does not mention information on the employer in......
03 September 2020U.S. consular sections across India have resumed accepting drop box applications to renew F, M, J, H, and L visas from qualifying applicants. In addition to the standard drop box requirements, H and L visa applicants must qualify for one of the exceptions to the......
28 August 2020The U.S. Citizenship and Immigration Services (USCIS) has issued a reminder to universities and F-1 students employed pursuant to post-completion optional practical training (OPT) to ensure that changes in employer information are updated in the Student and Exchange Visitor Information System (SEVIS). Per the USCIS......
24 August 2020Effective Monday, August 17, 2020, the U.S. consulates in India will have a limited number of slots available for F and J visa applicants. Per the announcement, emergency student and exchange visitor appointment requests submitted prior to August 12 will be processed first. The consulates......
14 August 2020Today, the U.S. Department of Homeland Security (DHS) has announced that it will “adjust USCIS fees by a weighted average increase of 20 percent to help recover its operational costs.” The final rule is expected to be published in the Federal Register on August 3,......
31 July 2020The dean of Harvard University has advised its students that the legal settlement Harvard and the Massachusetts Institute of Technology (MIT) reached with U.S. Immigration and Customs Enforcement (ICE) regarding online courses does not apply to first-year students entering in F-1 status. This means that......
22 July 2020As previously reported, on July 14, 2020, U.S. Immigration and Customs Enforcement (ICE) reinstated the March 2020 policy, allowing F-1 and M-1 students to temporarily take all courses online during the COVID-19 pandemic. Following this announcement, however, numerous designated school officials (DSOs) have reported hearing......
20 July 2020Answer One in this situation could attempt to have the company file an H1B petition, requesting a change of status to H1B. However, there are some legal issues to this strategy that first should be discussed with a qualified attorney. (13.Jul.2020) Sheela Murthy and other......
15 July 2020This afternoon, U.S. Immigration and Customs Enforcement (ICE) reached an agreement with Harvard University and the Massachusetts Institute of Technology (MIT) to reinstate the March 2020 policy, allowing F-1 and M-1 students to temporarily take all courses online during the COVID-19 pandemic. Harvard and MIT......
14 July 2020The U.S. Department of State (DOS) has announced via Twitter that “[b]eginning July 15, US Embassies and Consulates may begin the phased resumption of routine visa services depending on local conditions.” No further details have been provided. As previously reported, the consulates are not expected......
13 July 2020As previously reported by MurthyDotCom, Harvard University and the Massachusetts Institute of Technology (MIT) are suing U.S. Immigration and Customs Enforcement (ICE) in an effort to block the Student and Exchange Visitor Program (SEVP) from ending the temporary rule that allows schools to have F-1......
10 July 2020Harvard University and the Massachusetts Institute of Technology (MIT) have filed a lawsuit against U.S. Immigration and Customs Enforcement (ICE), in an effort to prevent the Student and Exchange Visitor Program (SEVP) from ending the temporary rule that allows schools to have F-1 and M-1......
08 July 2020The Student and Exchange Visitor Program (SEVP) is in the process of ending the temporary rule that allows schools to have F-1 and M-1 students take courses exclusively online. This rule was implemented in March 2020 because universities across the nation suddenly had to close......
07 July 2020On Monday, July 6, 2020, the Student and Exchange Visitor Program announced modifications to the rules applicable for F-1 and M-1 students taking online classes. The modifications are effective from the fall 2020 semester. The U.S. Department of Homeland Security will publish a Temporary Final......
06 July 2020The Murthy Law Firm receives many inquiries from individuals who have planned a major event, like marriage, travel, or school, who lastly think to seek advice on how to address these matters related to their immigration. Frustration often ensues when they learn of the immigration......
06 July 2020Last night, President Trump amended his June 22, 2020 executive order in a small, but significant manner that clarifies and potentially increases the classes of nonimmigrants who are subject to the order. The original version of the executive order stated that, if a foreign national......
30 June 2020Answer We have heard several rumors recently that the President will issue a proclamation as early as June 15th (or June 11th, according to other online sources) that would temporarily prevent foreign nationals from entering the U.S. in H1B, L-1, H2B, or J-1 status. According......
09 June 2020This afternoon, President Trump signed an executive order that will temporarily bar admission of certain F-1 students and J-1 researchers from China. Effective June 1, 2020, any citizen of China involved with China’s “military-civil fusion strategy” will not be admitted in F-1 or J-1 status.......
29 May 2020Answer Forbes reported today that the Trump Administration is expected to issue an executive order “soon” that would impact certain high-skilled nonimmigrant workers. The presumption is that, if such an order were to be issued, it would focus on foreign nationals requesting admission, as opposed......
28 May 2020Answer The consulates are run by the U.S. Department of State (DOS), not the USCIS. So, the USCIS announcement has no impact on the consulates. The U.S. consulates across the globe likely will not all open at the same time. Rather, the U.S. consulates in......
28 May 2020The U.S. Citizenship and Immigration Services (USCIS) announced today that routine in-person services at its field offices, asylum offices, and application support centers (ASCs) will resume on June 4, 2020. Per the announcement, the USCIS is following guidelines set by the Centers for Disease Control......
27 May 2020While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. From time to time, we at the Murthy Law Firm refer our clients to articles, like this......
27 May 2020Answer Generally speaking, a person on STEM OPT can only work for a company that is enrolled in the e-verify program. Only U.S. companies are able to enroll in this program. Therefore, it does not seem this arrangement would be possible for a person on......
21 May 2020Sheela Murthy, President & CEO of the Murthy law Firm, is joined by Managing Attorney Aron Finkelstein for a lively & engaging discussion in this podcast regarding immigration options for individuals and families in the COVID-19 climate. The conversation was recorded specifically for an Indian......
30 April 2020The American Immigration Lawyers Association (AILA) has created a shareable flyer to help stakeholders understand the implication of President Trump’s proclamation suspending the entry of certain immigrants into the United States. The Murthy Law Firm is sharing this flyer with our readers to help ensure......
24 April 2020The Congressional Research Service (CRS), which works exclusively for the United States Congress to provide nonpartisan policy and legal analysis, has released a report confirming that many nonimmigrants are eligible to receive recovery rebates (frequently referred to as stimulus checks) under the Coronavirus Aid, Relief,......
08 April 2020The American Immigration Lawyers Association (AILA) filed a federal lawsuit against the U.S. Department of Homeland Security (DHS), asking the court to order the DHS to “toll any and all deadlines for initial applications, responses to any and all requests for evidence or other responses......
03 April 2020The U. S. Citizenship and Immigration Services (USCIS) announced on March 30, 2020, that previously submitted biometrics will be reused to process applications for employment authorization (Form I-765), submitted by any applicant who had an appointment scheduled with an application support center (ASC) on or......
30 March 2020The Student and Exchange Visitor Program (SEVP), which is part of the U.S. Immigration and Customs Enforcement (ICE), recently issued a broadcast message to advise SEVP-certified schools that they may need to adapt procedures and policies to alleviate health concerns associated with the COVID-19 epidemic.......
30 March 2020The U.S. District Court for the District of Columbia recently ruled in IT Serve Alliance v. L. Francis Cissna that the U.S. Citizenship and Immigration Services (USCIS) overstepped its authority in issuing its February 2018 memorandum heightening the evidentiary requirements for H1B petitions filed by......
26 March 2020The U.S. Citizenship and Immigration Services (USCIS) announced today that, effective March 21, 2020, it will begin accepting all benefit forms and documents with reproduced signatures. Per the announcement, “[t]his means that a document may be scanned, faxed, photocopied, or similarly reproduced provided that the......
20 March 2020Attorneys at the Murthy Law Firm will hold a special teleconference on March 25, 2020 at 2:00pm (Eastern Time, U.S.). They will discuss the impacts that the COVID-19 pandemic is having on U.S. immigration. Visit this page the morning of March 25th for details on......
19 March 2020Due to the COVID-19 crisis, the U.S. Department of State (DOS) has suspended routine nonimmigrant and immigrant visa service at U.S. consulates in most countries around the globe. The DOS is unable to predict when normal service will resume. Applicants with urgent need to travel......
19 March 2020Last night, the U.S. Citizenship and Immigration Services (USCIS) announced that it is suspending in-person services at its field offices, asylum offices, and application support centers (ASCs), until at least April 1st. This action has been taken in response to the COVID-19 pandemic. The USCIS......
18 March 2020The U.S. Department of State announced today that, effective Monday, March 16, 2020, all nonimmigrant and immigrant visa appointments at U.S. Mission India posts – which includes the U.S. Embassy in New Delhi, and all U.S. consulates in India – have been canceled. This measure......
13 March 2020Answer Health insurance obtained through the Affordable Care ACT (ACA), commonly referred to as Obamacare, is not considered a positive or negative factor for public charge purposes. (26.Feb.2020) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE......
27 February 2020The U.S. Supreme Court has lifted the injunction in Illinois that had prevented the U.S. Department of Homeland Security (DHS) from implementing the new public charge rule on residents of that state. The Supreme Court had previously lifted several nationwide injunctions against the rule. Accordingly,......
24 February 2020In most circumstances, anyone applying for a nonimmigrant visa must apply in person at a U.S. consulate or embassy and be interviewed by a consular officer. In the context of applying to renew a visa, however, the interview requirement may be waived under the visa......
13 February 2020President Trump has issued a proclamation that bars entry to the United States of most foreign nationals who were physically present in China, not including the special administrative regions of Hong Kong and Macau, within the 14 days immediately prior to arrival in the United......
07 February 2020In this recording from 05 Feb 2020, Murthy Law Firm attorneys discuss matters related to various types of employment authorization for students in F-1 status, including CPT and OPT (both the initial 12-month OPT and the 24-month STEM extension), placement of F-1 student workers at......
07 February 2020Today, a federal district court judge issued a nationwide permanent injunction against the U.S. Department of Homeland Security (DHS) from enforcing the August 9, 2018, policy memorandum by the U.S. Citizenship and Immigration Services (USCIS) that sought to greatly expand the situations in which nonimmigrants......
06 February 2020On February 24, 2020, the U.S. Department of Homeland Security (DHS), which includes the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Customs and Border Protection (CBP), will begin implementing the public charge rule that was published in the Federal Register in August 2019.......
31 January 2020Answer International travel would have no impact on a pending (or selected) H1B registration. Travel would only potentially be an issue if the registration is selected and the H1B petition is filed requesting a change of status. (23.Jan.2020) Sheela Murthy and other senior attorneys provide......
23 January 2020The Student and Exchange Visitor Program (SEVP), which is part of the U.S. Customs and Immigration Enforcement (ICE), recently issued a broadcast message reminding designated school officials (DSOs) that all form I-20s must be issued directly to the F-1 student, parent, or legal guardian. Other......
23 January 2020Answer Generally speaking, a person is required to live in the previous country of residency – in your case, India. Living in Australia normally would not meet this requirement. (26.Dec.2019) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on......
26 December 2019As previously reported on MurthyDotCom, the U.S. Department of Homeland Security (DHS) published a new proposed rule on Thursday, November 14, 2019, outlining significant increases for many U.S. Citizenship and Immigration Services (USCIS) filing fees. The increases will result in a weighted average increase of......
02 December 2019Representatives of the American Immigration Lawyers Association (AILA) recently met with representatives from the U.S. Department of State’s Visa Office (VO) to discuss current immigration policies and procedures. Prior to the meeting, AILA submitted written questions to the VO, to which the DOS responded in......
04 November 2019Answer Normally, an H1B change-of-status denial would have no impact on one’s current status or eligibility to continue working in STEM OPT. (30.Oct.2019) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access......
31 October 2019A student in F-1 status typically is eligible to participate in optional practical training (OPT) upon completion of the degree program or, in some circumstances, before graduation. The purpose of OPT employment is to provide the foreign national student with an opportunity to apply the......
31 October 2019Answer Once a person has started working pursuant to STEM OPT and then changes to H1B status, any remaining STEM OPT time generally is abandoned. (23.Oct.2019) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,......
24 October 2019On October 11, 2019, the U.S. Department of State (DOS) published an interim final rule in the Federal Register, entitled Visas: Ineligibility Based on Public Charge Grounds. Once this interim final rule goes into effect, it will greatly expand the categories of public benefits considered......
24 October 2019The U.S. Department of State (DOS) announced today that the interim final rule regarding visa ineligibility based on public charge grounds is not yet being implemented. Per the announcement, “visa applicants are not requested to take any additional steps at this time and should attend......
15 October 2019This afternoon, a federal district court judge issued a nationwide injunction against the U.S. Citizenship and Immigration Services (USCIS) from enforcing the new public charge rule. The public charge rule had been scheduled to go into effect on October 15, 2019. The injunction specifically prohibits......
11 October 2019On October 11, 2019, the U.S. Department of State (DOS) will publish an interim final rule to amend the regulations regarding how consular officers determine whether a foreign national is likely to become a public charge, and therefore ineligible for a visa. This rule will......
10 October 2019Answer Generally speaking, if an individual uses any period of OPT following the completion of a master’s degree, that person is not eligible for any OPT following the completion of a second master’s degree. (19.Sep.2019) Sheela Murthy and other senior attorneys provide guidance that clarifies......
19 September 2019Changing status to H1B often involves a lengthy and somewhat unpredictable process. Because of the annual cap and uncertainties of lottery selection, many foreign nationals consider alternative processes as backup plans. As a result, there are a number of situations in which a foreign national......
13 September 2019Issues related to the maintenance of F-1 and H1B statuses for employees, as well as the latest trends from the current Administration, are discussed by Murthy Law Firm attorneys in this teleconference, which aired September 4, 2019. The MP3 is available here and in the......
09 September 2019Recent college graduates in F-1 status are sometimes able to bridge the time between the expiration of their optional practical training (OPT) and the October 1st start date of H1B status through a benefit known as “cap gap” OPT. This benefit extends the OPT period......
06 September 2019Answer Ordinarily, if an application to change status is denied, this would not impact one’s existing F-2 status. (21.Aug.2019) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation,......
21 August 2019The U.S. Department of Homeland Security (DHS) implemented an increase in application fees charged by the Student and Exchange Visitor Program (SEVP) for both students and schools. The changed fees relate to the payments students must submit with the Student and Exchange Visitor Information System......
17 July 2019Answer In general, a petitioner may withdraw a request for “change of status” while replying to an RFE, and request approval only for consular notification (i.e., consular processing). (24.Jun.2019) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies......
24 June 2019The focus of this teleconference is recent trends in requests for evidence (RFEs) for H1B petitions after cap season. Attorneys from the Murthy Law Firm discuss issues related to the right to control, specialty occupations, CPT & OPT, etc, and provide tips for preparing a......
17 June 2019Answer A STEM OPT recipient who is employed by a non E-Verify employer generally would be out of status. A foreign national in this situation needs to talk to a qualified attorney immediately to discuss legal options. (10.Jun.2019) In frequent sessions of our Chat, Sheela......
10 June 2019The U.S. State Department (DOS) has implemented changes to electronic forms DS-160, Application for a Nonimmigrant Visa, and DS-260, Application for an Immigrant Visa, that go into effect immediately. These applications will now request information about the social media username or handle used by an......
04 June 2019On May 10, 2019, the U.S. Citizenship and Immigration Services (USCIS) updated the Adjudicator’s Field Manual (AFM) to reduce the circumstances under which the USCIS will consider granting a case expedited treatment. In general, the USCIS has the authority to grant an expedite request on......
03 June 2019Answer While on your STEM-OPT, you must be working for an E-Verify enrolled employer. Any change in employer must be reported to your DSO and the correct I-983 paperwork submitted. Failure to take these steps could result in a determination of status violation and related......
03 June 2019Answer An individual is permitted an aggregate of 90 days of unemployment in the initial practical training period. If s/he has not had more than 90 days of unemployment and has received a STEM-OPT extension, the individual is entitled to 60 days more, or an......
03 June 2019When filing for a STEM OPT extension, an international student must complete and submit a training plan for STEM OPT students (form I-983) to the academic institution’s designated school official (DSO). The form includes sections for both the student and the employer to complete and......
13 May 2019Today, a federal district court judge ordered immigration officials to temporarily cease enforcement of the August 9, 2018 policy memorandum that greatly expanded the situations in which those in F, J, or M status may begin accruing unlawful presence. This order stems from a lawsuit......
03 May 2019Answer The requirements for the H1B master’s quota are straightforward – the degree must be from a U.S. university, and the university must be a public college, or a nonprofit college. One cannot use a degree from a for-profit college to apply under the master’s......
29 April 2019Beginning in May 2019, the U.S. Customs and Border Protection (CBP) will begin issuing form I-94 arrival/departure records with alphanumeric “numbers” (i.e., composed of letters and numbers). This change will have no impact on the validity of I-94 cards and numbers issued prior to the......
29 April 2019Answer One needs to be VERY careful with this. Although many states have legalized marijuana, it is still classified as a Schedule A drug under federal law (the same classification as drugs like heroin and cocaine). Even if state law allows the use of marijuana......
01 April 2019Many nonimmigrant visa classifications allow children of the principal to apply for dependent status. For instance, an H1B worker’s dependents typically may be admitted in H-4 status, while the dependents of an F-1 student may request admission in F-2 status. Upon reaching the age of......
01 April 2019Answer Although it is possible to have more than one change-of-status application pending at the same time (seeking different visa classification), it is not possible to hold more than one nonimmigrant status at the same time. The USCIS follows the last-action rule, whereby the last......
18 March 2019Under the Trump Administration, a troubling trend has emerged with the U.S. Citizenship and Immigration Services (USCIS) that evidences a radical reinterpretation of regulations regarding the use of curricular practical training (CPT) and optional practical training (OPT) by F-1 students in certain circumstances. The USCIS......
13 March 2019While the teleconference series offered by the Murthy Law Firm is designed for employers and their representatives, employees and to those considering launching startups may be interested in this information, as well. In this teleconference, recorded February 06, 2019, Murthy Law Firm attorneys discuss matters......
07 March 2019The application to extend / change nonimmigrant status (form I-539) is undergoing several significant changes. Effective March 22, 2019, the U.S. Citizenship and Immigration Services (USCIS) will only accept the updated version of the form. In addition, a new supplement, form I-539A, will be released,......
06 March 20191) We have heard that there was a raid on students of a certain university called the University of Farmington in Michigan. What is the background on this university? The University of Farmington (“the University”) was apparently set up by the U.S. federal government, in......
31 January 2019The Murthy Law Firm has received numerous reports that F-1 students currently enrolled at University of Farmington, in Michigan, began being taken into custody on the evening of January 29, 2019. The students at risk appear to be those who transferred to the school from......
30 January 2019Answer The validity of the visa foil in your passport does not necessarily control the validity of your stay and authorized activities (work, travel) in the United States. It is possible that an I-94 can exceed the validity of a visa foil. Furthermore, different nonimmigrant......
28 January 2019A new online fee calculator has been added to the U.S. Citizenship and Immigration Services (USCIS) website to help stakeholders properly calculate the amount owed when applying for certain immigration benefits. This calculator is designed to help reduce the number of applications and petitions the......
21 January 2019Since taking office, the Trump Administration has instituted numerous policies to make it more difficult for foreign nationals – including international students – to come to the United States. This has highlighted the need for caution among current and potential F-1 students when selecting the......
10 January 2019Answer The STEM extension must be received by the USCIS on or before the last day of one’s initial OPT period. There are no provisions for late filing or for extending the deadline, so if this date is missed, the STEM extension will be abandoned.......
07 January 2019Answer One who has received a master’s degree or above from a nonprofit, accredited university normally would be eligible to file under the “master’s cap.” This applies, even if all the credits are taken through online courses. (There is a strict limit on the number......
17 December 2018Anna Stepanova, Assistant Managing Attorney and Member at the Murthy Law Firm, recently had an article published by the Maryland State Bar Association (MSBA). While the article is written for attorneys, we share this with our readers who may be interested in a more detailed......
13 December 2018Answer One in F-1 status must normally be a full-time student, which is defined by the school. (05.Nov.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click......
05 November 2018The Office of Information and Regulatory Affairs (OIRA), which is part of the Office of Management and Budget (OMB), periodically publishes an updated list of agency rulemaking activity. This list provides some basic information on regulations being worked on by various government agencies. The agency......
29 October 2018The U.S. Department of Homeland Security (DHS) has issued a proposed regulation regarding inadmissibility on public charge grounds. A public charge is a person who is deemed likely to become financially dependent on public benefits. Generally speaking, a person applying for lawful permanent residence (commonly......
25 October 2018Answer It is not unusual with longer names for parts of the name to be truncated on the EAD. It should not affect your ability to begin working on that EAD. (22.Oct.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide......
22 October 2018In recent months, attorneys at the Murthy Law Firm have been hearing from a number of people who have had their applications for dependent visas (e.g., F-2, H-4) denied. The cases involve visa applications filed prior to the couple’s completion of all of the marriage......
10 October 2018The U.S. Department of Homeland Security (DHS) is scheduled to publish a proposed rule on Wednesday, October 10, 2018, entitled Inadmissibility on Public Charge Grounds. This rule would greatly expand the categories of public benefits looked at to determine whether a foreign national may be......
05 October 2018This evening, the U.S. Citizenship and Immigration Services (USCIS) announced that the policy memorandum on the issuance of notices to appear (NTAs) will be phased in incrementally, beginning on October 1, 2018. Effective October 1st, the USCIS “… may issue NTAs on denied status-impacting applications,......
26 September 2018The U.S. Citizenship and Immigration Services (USCIS) is scheduled to hold a teleconference on Thursday, September 27, 2018, from 2 to 3 p.m. (Eastern Time, U.S.) to discuss the June 28, 2018, policy memorandum on the issuance of notices to appears (NTAs). More details on......
25 September 2018Answer In general, self-employment is permissible during the initial 12-month period of OPT. Self-employment normally is not permissible during a STEM OPT extension, however. (24.Sep.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real......
24 September 2018Answer MTRs are currently very slow – generally at least 6-12 months. (24.Sep.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here. Access more FAQs here.......
24 September 2018The Trump Administration announced over the weekend that it aims to substantially expand the number of foreign nationals who may be inadmissible to the United States for risk of becoming a “public charge” (i.e. a person who is likely to become financially dependent on public......
23 September 2018The U.S. Citizenship and Immigration Services (USCIS) has released a table of the national average processing times by fiscal year for various types of forms, through the first half of FY18. The U.S. government fiscal year runs from October 1st through September 30th. The data shows that......
20 September 2018Answer It is permissible to attend classes in H1B status, as long as one continues to work in the H1B position pursuant to the terms of the H1B petition. (18.Sep.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that......
18 September 2018On September 6, 2018, the U.S. Citizenship and Immigration Services (USCIS) held a public stakeholder teleconference to provide some additional guidance on how the July 13, 2018 Issuance of Certain RFEs and NOIDs memorandum will be implemented. This memo, which goes into effect on Tuesday,......
10 September 2018Answer Assuming that one has a valid F-1 visa, and is employed in a valid STEM position, this generally should not be a problem. A fresh I-20 endorsed for travel and an employment letter are required. (27.Aug.2018) In frequent sessions of our Chat, Sheela Murthy......
27 August 2018The Trump Administration continues to push for changes to those in nonimmigrant status and the U.S. employment-based immigration system. Though legislative wins have been tough to come by, the Administration has had more luck reforming immigration rules through memos and regulations. Sheela Murthy leads a discussion......
23 August 2018The Fourth Circuit Federal Court of Appeals recently ruled in Levya Martinez v. Sessions, that a theft conviction under Maryland law is not a “crime involving moral turpitude” (CIMT). A conviction of a CIMT can have a serious impact on a foreign national’s eligibility for......
21 August 2018Answer In order to change from H-4 to F-1, one would need to obtain an I-20 from the university’s designated school official (DSO), then apply for a change of status (form I-539) with the USCIS. Keep in mind that one must be in valid status......
20 August 2018Answer An individual in F-1 status without an EAD typically can only engage in passive investments in the U.S. If you are uncertain whether an investment would be treated as active vs. passive you should consult with an attorney. (20.Aug.2018) In frequent sessions of our......
20 August 2018This afternoon, the U.S. Citizenship and Immigration Services (USCIS) updated its STEM OPT webpage to clarify that STEM OPT workers can be placed offsite if certain requirements are met. The update also alters certain reporting requirements for F-1 students working pursuant to STEM OPT and......
17 August 2018Answer In general, these types of applications would not affect an OPT extension. (13.Aug.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here. Access more FAQs......
13 August 2018The U.S. Citizenship and Immigration Services (USCIS) has released the final version of the policy memorandum that greatly expands the situations in which those in F, J, or M status may begin accruing unlawful presence. Strangely enough, the memo was not released until yesterday evening,......
10 August 2018In May 2018, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that would greatly expand the situations in which those in F, J, or M status may begin accruing unlawful presence. More details on the memo are available in the MurthyDotCom NewsBrief,......
09 August 2018The U.S. Department of Homeland Security (DHS) has proposed an increase in application fees charged by Student and Exchange Visitor Program (SEVP). The fee increases are related to the payments submitted with Student and Exchange Visitor Information System (SEVIS) form I-901. Proposed Fees Assuming this......
08 August 2018As discussed in the MurthyDotCom NewsBrief, Nonimmigrant Visa Revocation Update for Those with DUI (16.Feb.2016), the U.S. Department of State (DOS) can prudentially revoke a visa foil (commonly referred to as a visa “stamp”) for those convicted, or even just arrested, for driving while under......
06 August 2018This afternoon, the U.S. Citizenship and Immigration Services (USCIS) announced a delay in the implementation of the June 28, 2018 memorandum expanding the situations in which a foreign national is to be issued a notice to appear (NTA). The NTA memo initially called for the......
30 July 2018On July 13, 2018, U.S. Citizenship and Immigration Services (USCIS) posted a policy memorandum that increases the discretion of USCIS adjudicators to deny applications, petitions, or requests for immigration benefits without first issuing a request for evidence (RFE) or a notice of intent to deny......
27 July 2018Answer There is no inherent problem with pursuing OPT, assuming that one follows the rules. It is important to discuss all proposed OPT employment with one’s designated school official (DSO), to make sure that one is compliant with the requirements. (23.Jul.2018) In frequent sessions of......
23 July 2018It is important that F-1 students working pursuant to optional practical training (OPT) present proper documentation to U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry (POEs) to demonstrate that they can resume employment when they return. Additionally, they should be prepared......
19 July 2018On July 5, 2018, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that dramatically expands the circumstances under which the USCIS intends to issue a notice to appear (NTA), or refer cases to the U.S. Immigration and Customs Enforcement (ICE) for NTA......
18 July 2018Answer The USCIS oftentimes will approve an application to change status to F-1, even if the applicant has an approved I-140, but there is always a risk that the USCIS may deny the case based upon immigrant intent. Applying for an F-1 visa “stamp” at......
16 July 2018This afternoon, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides officers with more discretion to deny an application or petition without first having to issue either a request for evidence (RFE) or notice of intent to deny (NOID). This memo......
13 July 2018… and received authorization from my designated school official (DSO) for curriculum practical training (CPT) to continue working. Is this allowed? Should I be concerned about maintaining my F-1 status? Answer Generally, there is no restriction on CPT authorization (provided it meets all applicable requirements)......
13 July 2018Thursday evening, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memo that appears to greatly expand the situations in which a foreign national is to be issued a notice to appear (NTA). An NTA is a charging document that initiates removal (i.e. deportation)......
06 July 2018The Student and Exchange Visitor Program (SEVP), which is part of the U.S. Customs and Immigration Enforcement (ICE), recently released a broadcast message reminding all students on optional practical training (OPT) that volunteer positions not directly related to their course of study do not qualify......
03 July 2018Answer In general, this would be possible, assuming that one is in valid F-1 status. (25.Jun.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here. Access......
25 June 2018… and we still do not know if the H1B petition was picked in the lottery and accepted for processing, since we did not receive either a receipt notice or our petition back. Is there any way to find out if the petition was accepted......
15 June 2018The U.S. Citizenship and Immigration Services (USCIS) recently issued a notice, reminding stakeholders that optional practical training (OPT) work authorization automatically terminates if the F-1 student transfers to another school or begins study at a different educational level. Although the notice may appear alarming to......
13 June 2018Answer There is nothing inherently wrong with CPT, as long as it complies with the regulations. The USCIS does apply a great deal of scrutiny if the individual has been maintaining F-1 status based on CPT. The most frequent CPT abuses seem to occur with......
04 June 2018Answer There is nothing inherently wrong with day-one CPT, if it complies with the regulations. It does receive a great deal of scrutiny from the USCIS, however. And, historically, some of the schools that have offered day-one CPT have failed to fully comply with the......
21 May 2018On May 11, 2018, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that will substantially change the rules regarding unlawful presence (ULP) as they apply to those in F, J, and M status. The new rules are scheduled to go into effect......
18 May 2018Answer One can qualify for OPT after one year of full-time study in any status (as long as s/he is in F-1 status at the time the OPT application is filed). (14.May.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide......
14 May 2018The U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum today that will dramatically expand the manners in which those in F, J, and M status may begin accruing unlawful presence (ULP). Nonimmigrants entering in F, J, or M status usually are admitted for......
11 May 2018At the end of 2017, MurthyDotCom summarized a number of concerning immigration regulations under consideration by the Trump Administration in the NewsBrief, Troubling Immigration Rules, Including End of H-4 EAD, on Trump’s Rulemaking Agenda (2017.Dec.15). While none of the rules has yet come to light,......
11 May 2018The U.S. Department of State (DOS) is proposing a number of changes to both the online application for a nonimmigrant visa (form DS-160) and the electronic application for an immigrant (form DS-260). The most significant changes to the forms would be to include requests for......
25 April 2018The U.S. Citizenship and Immigration Services (USCIS) has updated its STEM OPT webpage to reflect an apparent change in the agency’s interpretation of the 2016 STEM optional practical training (OPT) rule for F-1 students. Specifically, the USCIS now interprets the 24-month STEM OPT extension rule......
19 April 2018Answer One generally could change status to F-1 student, complete one’s education, and then have an employer file an H1B petition to “recapture” the remainder of the 6 years of H1B time. (16.Apr.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys......
16 April 2018Answer The visa foil is just an entry document; one’s valid F-1 status is governed by the SEVIS database. A valid visa foil is not required for a new program. It will only be necessary if one seeks to reenter the U.S. after foreign travel.......
09 April 2018Answer This would be possible, yes. However, the last approval to take effect would govern one’s status, so this requires caution. You probably should consult with an attorney before proceeding with this. (09.Apr.2018) In frequent sessions of our Chat, Sheela Murthy and other senior attorneys......
09 April 2018Following the implementation of the travel ban implemented on 09.Jun.2025, many foreign nationals have been left with questions regarding their eligibility for visa issuance and admission to the United States. While the proclamation restricts entry for many, it includes provisions for exceptions, including a national......
30 June 2025If U.S. consular officers determine that an applicant committed fraud or willful misrepresentation to obtain an immigration benefit, they can make a finding under Immigration and Nationality Act (INA) 212(a)(6)(C)(i) that makes the applicant inadmissible to the United States. A finding of fraud or willful......
26 June 2025Answer The U.S. Department of Labor requires that the employer pay for the PERM labor certification and related expenses. The USCIS does not have the same view, so the expenses of the I-140 and I-485 (legal fees, filing fees, costs) can be paid for by......
25 June 2025Answer In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025) Sheela Murthy and other senior attorneys provide guidance......
25 June 2025Answer In marriage-based green card cases, the petitioner and beneficiary typically are interviewed together. However, if marriage fraud is suspected, the officer has the discretion to interview each spouse separately. (17.Jun.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information......
17 June 2025Answer Requesting retention of a priority date does not void or otherwise invalidate the original I-140 application. If Company A chooses not to withdraw the I-140, it continues to remain valid for immigration purposes, even if that priority date is retained and applied to another......
17 June 2025The U.S. Citizenship and Immigration Services (USCIS) has announced a change in the validity period of the report of medical examination and vaccination record (form I-693). Per the updated policy, an I-693 signed by a Civil Surgeon after 01.Nov.2023 will remain valid only for the......
16 June 2025Answer There is no procedural reason that filing for advance parole should delay your underlying green card application, and we have not seen this occur in practice. (11.Jun.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE......
11 June 2025This morning, the U.S. Department of State (DOS) released the July 2025 Visa Bulletin. As with recent months, movement remains limited in the employment-based categories. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary......
10 June 2025The PERM labor certification is the first in a three-step process in the majority of employment-based, permanent resident (commonly referred to as “green card”) cases. The PERM process is long and complex, and it can be overwhelming for a company pursuing the process for any......
09 June 2025Answer If an employer disagrees with the prevailing wage determination, they can first request a redetermination. If that is unsuccessful, they may request a director’s review. If that too is unsuccessful, the employer may appeal to the Board of Alien Labor Certification Appeals (BALCA). However,......
05 June 2025Answer Yes, an H1B worker can continue working in H1B status throughout this family-based green card process. There is no conflict between the H1B and the I-130 because ‘immigrant intent’ is not an issue for H1B workers. (04.Jun.2025) Sheela Murthy and other senior attorneys provide......
05 June 2025Answer Normally, unless the individual qualifies for AC21 (i.e., I-485 has been pending for at least 180 days and the new position is the same or similar), a new PERM case would be required in order to be sponsored under the new position. (28.May.2025) Sheela......
28 May 2025Certain classes of U.S. citizens who were not born in the United States are eligible to file an application for certificate of citizenship (form N-600). While this certificate does not directly grant an immigration benefit, it does provide a certificate that evidences the date the......
22 May 2025Answer Including special skills often will increase the wage level, unless the U.S. Department of Labor determines that the skills are typical for an entry-level position in the occupation. (21.May.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on......
21 May 2025Answer Unfortunately, a pending or approved I-130 petition cannot be used to extend one’s H1B status beyond the standard 6-year limit. (21.May.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more......
21 May 2025Common issues faced by non-citizens when reentering the U.S. after travel abroad are discussed by Murthy Law Firm attorneys in this May 2025 podcast recommended specifically for employers. The MP3 is available here and can be found in the archive of our teleconferences and......
15 May 2025Answer While it is possible for a lawful permanent resident to sponsor a spouse for a green card, there currently are backlogs in this category. Filing the I-130 petition does not provide any immediate ability to remain in the U.S., and it is not possible......
14 May 2025This morning, the U.S. Department of State (DOS) released the June 2025 Visa Bulletin. As with recent months, movement remains limited in the employment-based categories. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary......
13 May 2025The U.S. Department of Homeland Security (DHS) has reportedly frozen the Enumeration Beyond Entry (EBE) program under which noncitizens could request a social security number on various U.S. Citizenship and Immigration Services (USCIS) forms, including Form I-765, Application for Employment Authorization; Form I-485, Application to......
08 May 2025Under the PERM labor certification process, supporting documentation is not submitted to the U.S. Department of Labor (DOL) with the PERM application. Instead, the employer must retain the required documents and produce them for the DOL in the event of an audit. The requirements for......
08 May 2025Answer It is possible to be sponsored for an EB2 or EB3 position while still on OPT. But, even if the I-140 is approved, this would not exempt you from having to go through the H1B lottery. (07.May.2025) Sheela Murthy and other senior attorneys provide......
07 May 2025When an individual applies for lawful permanent resident (LPR) status (commonly, a green card) in the United States, certain family members may also qualify for LPR status as derivative beneficiaries. Such family members typically include the principal applicant’s spouse and any unmarried children under the......
05 May 2025Murthy Law Firm attorneys guide nonimmigrants and others on preparation for entering the U.S. at a port of entry (POE) in 2025. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes. ......
01 May 2025Answer When you interfile a downgrade or upgrade request, you are informing the USCIS that you intend to work for the employer listed on the interfiled I-140 petition when your I-485 is approved. If you do not intend to work for this employer, then you......
23 April 2025Answer Technically speaking, the law requires a green card holder to carry with them the original I-551 (i.e., green card). (22.Apr.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......
23 April 2025Answer Any foreign national who turns 14 while in the U.S. must register within 30 days of their 14th birthday, even if they were previously registered. This requirement applies even for nonimmigrant dependents in lawful status and children who are green card holders. Further details......
17 April 2025U.S. immigration law includes provisions intended to help authorities keep track of foreign nationals in the United States. By law, all non-U.S. citizens aged 18 or older are required to carry at all times, a “certificate of alien registration or alien registration receipt card” (e.g.,......
17 April 2025This morning, the U.S. Department of State (DOS) released the May 2025 Visa Bulletin. There is little-to-no movement in the employment-based categories. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First......
11 April 2025In light of recent immigration policies and heightened scrutiny at U.S. ports of entry, many noncitizens are feeling anxious about returning to the U.S. It is important to approach reentry with preparation and caution. While every situation is unique, there are several best practices that......
10 April 2025Answer Normally, after interfiling an approved I-140 petition, you must wait another 180 days before requesting AC21 portability to a new job offer. If you interfiled a pending I-140, then you typically must wait 180 days from the date the pending I-140 is approved. (09.Apr.2025)......
09 April 2025Answer Nearly every green card category, including EB2 and EB3, has its own annual allotment of visa numbers. Then, if there are immigrant visa numbers remaining and unused in one employment-based (EB) category, they can be used for the next level of EB numbers. Even......
09 April 2025When completing the ETA form 9089, application for permanent employment certification (PERM labor certification), employers may overlook a small but important question on the form: “Is there a familial relationship between the foreign worker and the owners, stockholders, partners, corporate officers, and/or incorporators?” Before breezing......
03 April 2025Answer Typically, the USCIS does not reroute a case sent to the wrong address. Rather, the USCIS usually rejects such cases and returns them to the applicants. (02.Apr.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE......
02 April 2025Answer Yes, it normally is permissible for the foreign national to pay all the fees related to an EB1(c) petition. (02.Apr.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......
02 April 2025In these uneasy times for immigrants in the U.S., stress and worry become a part of life. For those who have ventured to the U.S. and become lawful permanent residents (i.e., green card holders or LPRs), the stress and worry does not necessarily end. As......
25 March 2025The purpose of the labor certification process is to protect U.S. workers. It is a certification from the U.S. Department of Labor (DOL) that there are not able, willing, and qualified U.S. workers available for the offered employment or position. The labor certification is the......
20 March 2025Answer Yes. While a reentry permit allows you to return to the U.S. after a year or more abroad, and an N-470 preserves your residence for naturalization purposes, the USCIS can still determine that you have abandoned your green card if your overall circumstances do......
19 March 2025Details of the alien registration requirement, which had been announced by the U.S. Citizenship and Immigration Services (USCIS) on 25.Feb.2025, have now been released. Effective 11.Apr.2025, foreign nationals who are subject to the new registration mandate must comply with the registration requirement via an online......
17 March 2025Answer Generally speaking, a U.S. citizen residing abroad who is at least 21 years old may sponsor their parents for a green card. However, they typically would need to establish residence in the United States for the immigrant visa to actually be issued (or demonstrate......
12 March 2025Answer No, it generally is not possible to extend one’s H1B status based on a spouse’s approved I-140. (12.Mar.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 here. ......
12 March 2025Answer No, this is not true. An immigrant petition filed by a nonprofit normally would take the same amount of time as one filed by a for-profit company. The process generally is the same for either type of entity. (12.Mar.2025) Sheela Murthy and other senior......
12 March 2025This evening, the U.S. Department of State (DOS) released the April 2025 Visa Bulletin. There is some forward movement in most of the oversubscribed categories, and retrogression in the EB5 unreserved category. All cutoff dates listed refer to those in the final action chart (i.e.,......
10 March 2025Answer If the U.S. affiliate has a separate FEIN from the company sponsoring you, then experience gained with that affiliate is not subject to the “on the job” experience restrictions. The same typically is true for a foreign affiliate that is a separate business entity.......
05 March 2025DOS and USCIS have issued all available immigrant visas for the EB4 Special Immigrant visa category, which includes religious workers, broadcasters, certain physicians, employees of international organizations, and armed forces members. The annual limits will reset with the start of the 2026 fiscal year on......
03 March 2025Answer Yes, profits earned from investing in cryptocurrencies, such as Bitcoin, is generally permissible to use for an EB5 investment. So long as we can demonstrate the funds used to purchase the cryptocurrency was lawfully earned, and that all laws (including tax laws) have been......
26 February 2025Answer There is no public charge requirement when applying for U.S. citizenship. In general, your employment status and amount you have in savings do not really matter when applying to naturalize, except for purposes of requesting a fee waiver. (25.Feb.2025) Sheela Murthy and other senior......
26 February 2025Today, the Trump Administration announced that they plan to eliminate the EB5 immigrant investor program, and replace it with a “gold card” program, which grants lawful permanent residency based on an investment of $5 million. No further details have yet been provided. It is worth......
25 February 2025Answer The company is only required to pay the sponsored employee the PERM prevailing wage once they receive their green card. However, the company must demonstrate the ability to pay the prevailing wage from the time the PERM application is filed until the employee receives......
19 February 2025Answer If you wish to start working based on your EAD rather than continuing in H1B status, you typically should notify your employer so that your I-9 records can be updated, but there is no need to notify the USCIS. (18.Feb.2025) Sheela Murthy and other......
19 February 2025Answer AC21 portability is no longer an option after your green card has been approved. You typically are required to report to your sponsoring employer for work in this situation. (12.Feb.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information......
12 February 2025This evening, the U.S. Department of State (DOS) released the March 2025 Visa Bulletin. Similar to the February 2025 Visa Bulletin, there is some progress in some of the oversubscribed categories, while others (e.g., EB1) remain stubbornly stuck in place. All cutoff dates listed refer......
11 February 2025Answer According to the applicable regulation, experience letters must include a specific description of the duties performed. (05.Feb.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 here. ......
05 February 2025Answer In your situation, there is actually no way to know for certain whether your daughter will age out at this stage. You likely would not know for a number of years. There are a couple of things you may be able to do to......
05 February 2025Answer No, the wait-times are essentially identical, as they both fall under the EB1 category. (28.Jan.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 here. Copyright ©......
29 January 2025Answer Unfortunately, there is no premium processing available for the PERM filed with the U.S. Department of Labor. (22.Jan.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 here. ......
22 January 2025Answer The USCIS normally lists field office and Application Support Center closures on its USCIS Office Closing webpage. (15.Jan.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 here. ......
15 January 2025Today, the U.S. Department of State (DOS) released the February 2025 Visa Bulletin. In February, there is slight bit of movement in some, but not all, of the oversubscribed categories. All cutoff dates listed refer to those in the final action chart (i.e., Chart A),......
13 January 2025Answer During Trump’s first term in office, it seems his Administration was content with allowing the adjudication of EB5 cases to proceed undisturbed, for the most part. Although processing times did increase for nearly all case types, including EB5, we did not see a nationwide......
02 January 2025Answer The prudential revocations of a visa due to a DUI only impacts the visa “stamp,” not a person’s status. That being said, please see our MurthyDotCom InfoArticle, Alcohol-Related Arrests Create Immigration Problems (29.Dec.2023), which summarizes some of the key problems that can be created......
02 January 2025Answer Yes, it generally does not matter whether you are in the U.S. or abroad when you file the I-140 petition. (01.Jan.2025) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more......
02 January 2025At the Murthy Law Firm, we are regularly asked whether using premium processing increases the risk that a case may be issued a request for evidence (RFE). We have not necessarily seen a significant increase in the issuance of RFEs for cases filed in premium......
30 December 2024Answer Unfortunately, no, you normally cannot use the priority date on a family-based case for an employment-based case. (24.Dec.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. ......
24 December 2024On 10.Dec.2024, the U.S. Citizenship and Immigration Services (USCIS) announced new instructions and a new edition of the application to register permanent residence or adjust status (form I-485), which applicants must start using, effective 10.Feb.2025. Similarly, the other forms related to form I-485, such as......
23 December 2024On Tuesday, 10.Dec.2024, the U.S. Department of Homeland Security (DHS) announced a final rule to permanently implement the rule that automatically extends the validity of certain employment authorization documents (EADs) based on a pending, timely filed application to extend employment authorization. The final rule will......
19 December 2024Answer Even if it is possible for the couple to adopt you – and this would be based on state law – this would normally not help, from an immigration law perspective. To sponsor an adopted child under U.S. immigration law, the foreign national typically......
18 December 2024Answer Yes. Generally, any employer may file an H1B for you requesting status in 1-year increments as long as the PERM filed by the other company remains pending. (17.Dec.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our......
18 December 2024The PERM labor certification is the first in a three-step process in the majority of employment-based green card cases. A key component of the PERM process is the labor market test, where an employer runs a series of advertisements to recruit for the sponsored position......
16 December 2024Answer You are correct that, because she is under 21 and unmarried, you can sponsor her as an immediate relative. This means she is not subject to the visa bulletin, and she will remain classified as an immediate relative while the case is pending, as......
11 December 2024Answer Generally speaking, there is no need to complete the J-1 waiver requirement before the U.S. citizen spouse files the I-130 petition. (11.Dec.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access......
11 December 2024The U.S. Department of State (DOS) has released the January 2025 Visa Bulletin. In January, there is modest movement in some of the oversubscribed categories from the previous month. The DOS also provides some vague predictions regarding the EB5 program. All cutoff dates listed refer......
10 December 2024Generally, a foreign national is limited to a maximum duration of stay of six years in H1B status, but the law provides several exemptions to this limit. Most common exemptions include extensions in three and one-year increments. This article focuses on extensions in one-year increments......
05 December 2024Answer No, there is no family-based category that allows a green card holder to sponsor a parent for a green card. Generally, only a U.S. citizen can sponsor a parent for a family-based green card under the immediate relative category. (03.Dec.2024) Sheela Murthy and other......
04 December 2024Answer You do not need to add your spouse to your pending or approved I-140. When you are eventually eligible to file your I-485 adjustment-of-status application, or file for an immigrant visa at a consular post, you will be able to include your spouse at......
04 December 2024Today, the U.S. Citizenship and Immigration Services (USCIS) announced that, if a report of immigration medical examination and vaccination record (form I-693) is required for an adjustment of status application (form I-485), it must be filed at the same time as the I-485. Failure to......
02 December 2024On Tuesday, November 19, 2024, the U.S. Citizenship and Immigration Services (USCIS) announced that it had updated guidance on determining the legal and physical custody requirements of a child of one or more U.S. citizen parents for purposes of qualifying for derivative citizenship. Derivative citizenship......
02 December 2024Answer Assuming your wife’s I-485 was filed based as your dependent, normally nothing would need to be filed for your spouse in this situation. (26.Nov.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click......
27 November 2024Answer The U.S. Department of State’s visa reciprocity schedule lists civil documents, such as birth and marriage certificates, that are acceptable alternative documents based on one’s country of birth. (26.Nov.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on......
27 November 2024Answer No, there is no requirement that you be in L1A status for your employer to sponsor you for an EB1(c) position. If you meet the requirements for EB1(c), whether you are in H1B or L-1 status generally has little-to-no impact. (26.Nov.2024) Sheela Murthy and......
27 November 2024A lawful permanent resident (LPR), commonly referred to as a “green card” holder, is generally expected to renew the green card prior to the expiration date of the card, which is typically ten years from the date of issuance. This is accomplished by filing an......
27 November 2024President-elect Donald Trump soon will be sworn in as the forty-seventh President of the United States, and many foreign nationals are nervously waiting to see how and when he will implement many of the disruptive immigration policies that marked his first term in office. One......
25 November 2024President-elect Donald Trump will begin his second term in office as President of the United States, effective January 20, 2025. Since the election, the Murthy Law Firm has received numerous questions about how his new administration will impact U.S. immigration law and policy. To assist......
21 November 2024Answer Unfortunately, no, this is not generally possible. For you to use cross chargeability, you and your spouse typically must pursue your green cards using the same process. So, either you must both apply for adjustment of status, or you must both apply for consular......
20 November 2024Answer When filing a marriage-based I-130 petition, the petitioner must show that there is a bona fide marital relationship. A joint bank account or other evidence of financial comingling is often good evidence. But, if that is not available, other evidence can be used. (19.Nov.2024)......
20 November 2024A person’s education background can play a pivotal role in certain employment-based immigration processes, such as when filing a PERM labor certification case or an H1B nonimmigrant petition. If the person being sponsored has a foreign degree, it typically is necessary to demonstrate that the......
18 November 2024Over the past several days, President-elect Donald Trump has selected several people to serve in his administration, which will start on January 20, 2025. All, unsurprisingly, have expressed views that parallel those the President-elect when it comes to immigration issues. Former ICE Director to Serve......
14 November 2024Today, the U.S. Department of State (DOS) released the December 2024 Visa Bulletin. There is very little movement in the oversubscribed categories from the previous month. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa......
12 November 2024The PERM labor certification is the first in a three-step process in the majority of employment-based green card cases. A key component of the PERM process is the labor market test, where the employer must demonstrate via a regimented recruitment process that there is no......
11 November 2024As explained in the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022), leaving the U.S. after a prolonged stay beyond the expiration date of one’s I-94 can trigger an automatic three- or ten-year bar. In 2012, the Board of......
07 November 2024Answer Yes, the types of recruitment will be different, but you can use the PERM process to sponsor a foreign national for a nonprofessional position. (05.Nov.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,......
06 November 2024Becoming a lawful permanent resident (LPR) and obtaining a green card affords an individual many benefits, including the ability to freely travel to and from the United States. However, an LPR’s ability to travel and remain outside of the U.S. is not without limit. If......
04 November 2024Answer In order to be eligible for a new six-year period of H1B time, one generally would need to be outside the U.S. for at least one year, and then go through the H1B lottery again. A person is generally allowed to use any remaining......
31 October 2024Answer No, you must have the actual AP document (or the combination EAD/AP card). (30.Oct.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2024,......
30 October 2024Answer A fraud / misrepresentation finding makes one permanently inadmissible. The waiver that you applied for and received at the consulate waives inadmissibility only with regard to your admission as a nonimmigrant (e.g., H1B). In order to waive the inadmissibility for the purposes of becoming......
23 October 2024Answer Generally speaking, for an immigrant visa petition being filed for consular processing for someone residing in India, only the police certificate from the regional passport office is required. (16.Oct.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on......
16 October 2024Answer The USCIS will accept filings using the 04/01/24 edition of form I-131 that are postmarked before October 11, 2024. (16.Oct.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs......
16 October 2024Answer No, that is not correct. Whether you come to the U.S. on L1A or H1B should have no impact on your eligibility for the EB1(c) category. (16.Oct.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE......
16 October 2024Today, the U.S. Department of State (DOS) released the November 2024 Visa Bulletin. Unfortunately, there is no movement in any of the employment-based categories, with the exception of the EB4 program for certain religious workers, which was reauthorized by Congress through 20.Dec.2024. All cutoff dates......
11 October 2024The U.S. Citizenship and Immigration Service (USCIS) launched a new online filing process 08.Oct.2024, where an individual can file certain forms online by uploading a completed PDF application rather than completing an online form or physically mailing documents to the USCIS. Although the initial rollout......
10 October 2024Answer No, you must be physically present in the U.S. to apply for a reentry permit. (08.Oct.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright......
09 October 2024Answer You may wish to consider obtaining an alternative wage survey, as this may show a more realistic wage for your area. The DOL may be able to consider that while issuing their wage determination. (08.Oct.2024) Sheela Murthy and other senior attorneys provide guidance that......
09 October 2024On October 2, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a policy alert for the USCIS Policy Manual, to clarify how certain eligibility criteria will be evaluated under the employment-based, first preference (EB1) category for persons of extraordinary ability. An overview of the......
07 October 2024The U.S. Citizenship and Immigration Services (USCIS) released updated guidance on September 25, 2024, in the USCIS Policy Manual on calculating a dependent child’s age under the Child Status Protection Act (CSPA). As detailed in the MurthyDotCom InfoArticle, Child Status Protection Act Basics, parts one......
03 October 2024Answer Medicals signed by a Civil Surgeon after 01.Nov.2023 are considered valid indefinitely. (01.Oct.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2024, MURTHY......
02 October 2024Certain employment-based immigration processes, such as the PERM labor certification and H1B nonimmigrant visa classification, require an employer to obtain a prevailing wage determination from the U.S. Department of Labor (DOL) Office of Foreign Labor Certification (OFLC). In all applicable immigration processes, the prevailing wage......
26 September 2024The Biden Administration’s new parole-in-place program is the topic of this Q/A session recorded for you by Murthy Law Firm attorneys. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes. ......
25 September 2024Answer Yes, the asylum program fee is still required, even if there is no employer. If you are self-petitioning, the fee is reduced to $300, which is the same fee that small employers pay. (25.Sep.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies......
25 September 2024Answer There is no set limit for how long a person may remain outside the U.S. while an I-485 is pending, and the AP document generally remains valid as a travel document through the expiration date listed on the AP. However, the applicant must maintain......
25 September 2024Answer You should consult with a knowledgeable immigration attorney about possible immigration consequences of your criminal record. Although you may have no conviction under the state law as a result of your successful probation, you still are likely to have a conviction for the purposes......
25 September 2024The ETA form 9089, application for permanent employment certification (PERM labor certification) asks of employers: “Is the employer a closely held corporation, partnership, or sole proprietorship in which the foreign worker has an ownership interest?” As a variety of business arrangements could exist between employers......
23 September 2024Until relatively recently, the employment-based, second preference (EB2) category for India historically enjoyed a more favorable cutoff date in the monthly visa bulletin than its employment-based, third preference (EB3) counterpart. This is no longer the case, however, prompting an increase in interest among Indians in......
19 September 2024Answer Unfortunately, there is presently a backlog in the family-based category for green card holders sponsoring a spouse for a green card. Until the priority date is current, no I-485 can be filed. It also is not typically possible to apply for an EAD based......
18 September 2024The PERM labor certification is the first in a three-step process in the majority of employment-based, permanent resident (commonly referred to as “green card”) cases. Because of how long this process can take, foreign nationals studying in the United States often want to begin the......
16 September 2024This morning, the U.S. Department of State (DOS) released the October 2024 Visa Bulletin. Unfortunately, there is less forward movement than hoped for in this first visa bulletin of fiscal year 2025 (FY25). All cutoff dates listed refer to those in the final action chart......
11 September 2024Answer In general, yes, this is permissible. There is a USCIS memo that says, as long as one I-140 petition was filed within the validity period of the labor certification, another I-140 petition can be filed. (11.Sep.2024) Sheela Murthy and other senior attorneys provide guidance......
11 September 2024The majority of immigration cases are adjudicated correctly by the U.S. Citizenship and Immigration Services (USCIS) and other relevant U.S. government agencies. But there are situations in which a government agency makes an adverse decision on a case that is contrary to the law. In......
09 September 2024Answer No. Ordinarily, one’s wife in this situation would not need an affidavit of support, because she can be credited with your 40 quarters of employment. (03.Sep.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online......
04 September 2024The U.S. Department of State (DOS) has announced that several employment-based (EB) immigrant visa categories will remain unavailable for the remainder of fiscal year 2024 (FY24). A category that is unavailable is one for which all the immigrant visa numbers have been exhausted for the......
30 August 2024Most family-based immigrant visa cases require the petitioner to serve also as a financial sponsor for the intending immigrant. To qualify as a sponsor, a petitioner must complete an affidavit of support (form I-864) demonstrating that the sponsor has sufficient means to ensure that the......
29 August 2024Answer Typically, yes, it is possible to use work experience gained abroad, assuming the experience was related to the position. (28.Aug.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs......
28 August 2024A federal judge in Texas has temporarily blocked the Biden Administration from continuing to grant parole in place under its Keeping Families Together program. As noted in the MurthyDotCom NewsBrief, USCIS Starts Accepting Applications for Keeping Families Together Program (22.Aug.2024), this program is designed to......
27 August 2024UPDATE: See NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program, Posted 27.Aug.2024 As was recently indicated in MurthyDotCom’s NewsFlash! Filing Guide Released for Parole in Place Program for Undocumented Spouses of U.S. Citizens (16.Aug.2024), the U.S. Department of Homeland Security (DHS) began accepting applications......
22 August 2024Answer Yes, a stepchild of a U.S. citizen does not need to apply with their noncitizen parent. However, you need to establish a child-parent relationship with your stepfather. (21.Aug.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our......
21 August 2024UPDATE: See NewsFlash! Federal Judge Orders Temporary Halt to Parole-in-Place Program, Posted 27.Aug.2024 Today, the Biden Administration released a filing guide for form I-131F, which is the new electronic form that soon will be used by certain undocumented spouses and stepchildren of U.S. citizens to......
16 August 2024Answer If your brother’s I-130 indicated that you would apply for adjustment of status in the U.S., he should file a form I-824 to have the U.S. Citizenship and Immigration Services (USCIS) transfer it to the National Visa Center (NVC). If the I-130 indicated you......
14 August 2024Answer Yes, if the position meets the standard AC21 requirements, it is feasible to port one’s case to a position that involves self-employment. Before doing so, however, it probably would be a good idea to discuss this with an attorney. (14.Aug.2024) Sheela Murthy and other......
14 August 2024Special handling, sometimes referred to as optional special recruitment, is a PERM labor certification process solely carved out for those who teach at U.S. colleges and universities. While similar to the regular PERM process, in that it requires a test of the U.S. labor market,......
12 August 2024This afternoon, the U.S. Department of State (DOS) released the September 2024 Visa Bulletin. There is no forward movement in any of the employment-based categories from the previous month. Worse still, as the DOS previously predicted, the EB3 category cutoff date for certain countries has......
08 August 2024Ways for petitioners and applicants to sue the government for incorrect or long delayed decisions are discussed by Murthy Law Firm attorneys in this 07.Aug.2024 podcast in our series for Employers. Included in the discussion are Writs of Mandamus and lawsuits under the Administrative Procedures......
08 August 2024Answer You may be able to show exceptional ability in lieu of an advanced degree or qualify based on an equivalency evaluation of your foreign degree or a combination of your degree/s and experience. However, once you establish exceptional ability or an equivalent to an......
07 August 2024Answer A PERM labor certification is for a future offer of employment. So technically, your prior employer could file the I-140 on your behalf, if that employer intends to rehire you in the future for the position laid out in the PERM. (07.Aug.2024) Sheela Murthy......
07 August 2024Answer No, in this situation, you only need to list your travel history for the last 3 years. (07.Aug.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. ......
07 August 2024The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category and in the EB1(a) for immigrants with extraordinary ability. In a recent NIW case, the immigrant petition (form I-140) was filed for an expert......
05 August 2024Answer Yes, but there are some restrictions, including the requirement that the prevailing wage be valid at the time of filing the PERM application. (31.Jul.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click......
31 July 2024Answer You are not required to file anything. If you do nothing, your green card will be issued based on your prior name. In that situation, you will need to carry proof of your name change or file an I-90 after your green card is......
31 July 2024A policy proposal from the Heritage Foundation named the 2025 Presidential Transition Project – or Project 2025, as it is widely referred to in the press – presents a comprehensive set of conservative reforms aimed at restructuring federal government policies, including U.S. immigration policy. Former......
29 July 2024On July 25, 2024, the U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register updating the investment and revenue requirements to qualify for parole under the international entrepreneur rule. Per regulation, the investment requirements must be adjusted every three years......
25 July 2024Answer No, there is no minimum amount of time you must be in the U.S. before an employer may file an I-140 for you, or before the I-140 can be approved. In fact, there is no requirement that the individual be in the U.S. at......
24 July 2024Answer There probably is no need to file a separate application to renew your green card. After filing an application for naturalization (form N-400), the USCIS will issue a receipt notice that automatically extends the validity of one’s existing green card for 24 months. (24.Jul.2024)......
24 July 2024The United States has a shortage of registered nurses, which has increased the demand for foreign nurses. For a U.S. healthcare employer seeking to hire a foreign nurse or a foreign nurse seeking options for working in the U.S., this article provides an overview of......
22 July 2024The White House announced today that the parole-in-place program to promote family unity will officially launch on August 19, 2024. Applications filed prior to this date will be rejected. Details about the program should be published in the Foreign Affairs Manual in the very near......
17 July 2024On February 2, 2021, President Joseph Biden issued an executive order on restoring faith in the U.S. legal immigration systems and strengthening integration and inclusion efforts for new Americans. This executive order led the U.S. Citizenship and Immigration Services (USCIS) to announce updated policy guidance......
15 July 2024Answer Generally speaking, the fact that you are friends with the owner of a company would not prevent that company from filing a PERM case for you. Assuming the company has a position available for you, and otherwise meets the basic requirements, yes, it typically......
10 July 2024This afternoon, the U.S. Department of State (DOS) released the August 2024 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no change in......
09 July 2024As previously discussed on MurthyDotCom, the U.S. Department of Homeland Security (DHS) announced on June 17, 2024, a proposed program to promote family unity by removing certain roadblocks towards lawful permanent residency (i.e., a “green card”) for qualifying undocumented noncitizen spouses of U.S. citizens. The......
08 July 2024The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category and in the EB1(a) for immigrants with extraordinary ability. In a recent NIW case, we filed the immigrant petition (form I-140) for a water......
01 July 2024Answer A person cannot enter the U.S. on a B-1/B-2 visa with the intention of applying for adjustment of status (i.e., applying for a green card from within the United States). If, however, the person does not form the intention of applying for a green......
26 June 2024Answer Yes, it is possible for a company to meet the “doing business” requirement, even if one entity is solely providing services to the other entity. This can make the case more challenging, but the Murthy Law Firm has represented companies successfully in filing such......
26 June 2024Answer We have a number of clients who have received such messages. We can’t 100 percent confirm that these messages came from the USCIS, but we strongly suspect that they are legitimate. Regardless, it does not change our advice. If a person has a pending......
26 June 2024A unique feature of U.S. immigration law is how certain rules and policies can change depending on the presidential administration. A president’s ability to dictate and change immigration rules largely depends on whether a rule is statutory, regulatory, or administrative policy. Understanding the difference between......
24 June 2024Answer Unfortunately, no. Age is not locked in under the CSPA based on having a case pending at the consulate under the dates for filing chart. A child can still age out under these circumstances. (19.Jun.2024) Sheela Murthy and other senior attorneys provide guidance that......
19 June 2024The Office of Foreign Labor Certification (OFLC), which is responsible for adjudicating PERM labor certification applications for the U.S. Department of Labor (DOL), has retracted the approvals issued on an unknown number of labor certifications. The OFLC claims these approvals were issued in error. Background......
13 June 2024Self-petition filings as an alternative to labor-certification based I-140 filings is the topic Murthy Law Firm attorneys address in this June 2024 podcast. Examples discussed include National Interest Waivers and EB1 Extraordinary Ability filings. The MP3 is available here and can be found in......
11 June 2024This afternoon, the U.S. Department of State (DOS) released the July 2024 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category The cutoff date for EB1......
10 June 2024Answer Unfortunately, no. If your daughter marries now, the family-based, second preference “B” (FB2B) case you filed for her would no longer be approvable. Instead, generally, you would have to start from scratch with a family-based, third preference (FB3) case. (05.Jun.2024) Sheela Murthy and other......
05 June 2024Answer Requesting retention of a priority date does not void or otherwise invalidate the original I-140. If the previous employer did not withdraw the I-140, and if the position being offered to you is the same, it is possible that the same I-140 still could......
05 June 2024In May 2015, a regulation was implemented to finally allow at least some H-4 dependent spouses to obtain work authorization. Given that the program has been in place for nearly a decade, seasoned H1B workers and H-4 dependents are typically aware of the requirements to......
03 June 2024On May 22, 2024, the U.S. Citizenship and Immigration Services (USCIS) released updated guidance in the USCIS Policy Manual on the processing and adjudication of form I-130, petition for alien relative, which is filed in family-based immigration cases. Here are the key points you need......
30 May 2024Answer Generally speaking, having an I-130 petition filed and then withdrawn would not prevent a person from applying for a visa or green card in the future. This information would have to be disclosed, as appropriate, however, such as on the DS-160, where it asks......
29 May 2024Answer The EB5 category is a bit confusing on the visa bulletin because it is divided into four separate subcategories. There is EB5 Unreserved, and then three different Set Asides – rural, high unemployment, and infrastructure. If you invest in any of the Set Asides,......
29 May 2024The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB1(a) category as persons of extraordinary ability (EA). In one such case, the immigrant petition (form I-140) was filed for an expert in the field of computer networking and information......
27 May 2024Answer There is no way to expedite the PERM process. The DOL has a very clear, absolute, no-expedite rule. You can look here on the DOL website to see the priority dates of the PERM cases under process. That information is typically pretty reliable. (15.May.2024)......
15 May 2024Answer If at least 180 days have passed since the I-140 was approved, the USCIS will not revoke an I-140 based solely on it being withdrawn by the employer. Therefore, it typically can still be used by one’s spouse for purposes of applying for an......
15 May 2024When a PERM labor certification case is filed, the employer must state the minimum education and/or experience requirements for the sponsored position. If the employer requires a higher level of education and/or experience than what the U.S. Department of Labor (DOL) considers normal for the......
13 May 2024Answer There is no requirement for the beneficiary of an approved EB1(c) petition to work in the U.S. until the green card is issued. So, this generally would be allowed. Note, however, that the “ability to pay” requirement that had to be overcome to get......
08 May 2024Answer Yes, even if the I-140 is approved after using up the full 6 years of H1B time, the USCIS will typically still allow that I-140 to be used to “extend” H1B status beyond the standard 6-year max. (08.May.2024) Sheela Murthy and other senior attorneys......
08 May 2024This afternoon, the U.S. Department of State (DOS) released the June 2024 Visa Bulletin. There is little-to-no forward movement in any of the employment-based categories from the previous month. Worse still, the DOS warns of retrogression coming in the near future. All cutoff dates listed......
07 May 2024Although the U.S. Citizenship and Immigration Services (USCIS) primarily operates inside the United States, the agency has field offices abroad that provide limited services. At one time, the USCIS had as many as 24 overseas offices, until the Trump Administration began shutting them down, as......
06 May 2024The U.S. Citizenship and Immigration Services (USCIS) recently announced the incorporation of the U.S. Department of Labor’s (DOL) definition of “science or art” into its policy manual for Schedule A, Group II cases. The policy change goes into effect immediately. Background An employer sponsoring a......
29 April 2024The Murthy Law Firm regularly assists foreign nationals in filing self-sponsored immigrant petitions under the EB2 national interest waiver (NIW) category. In one such case, the immigrant petition (form I-140) was filed for a public safety technology researcher focused in the areas of machine learning,......
25 April 2024Answer Generally, no. If you are maintaining H1B status, you are not required to start using your EAD, and you can keep the card as a backup. Once you start using your EAD, your H1B status terminates. And, in many, if not most, situations, we......
18 April 2024Answer Unfortunately, the H-4 EAD rule only applies for H-4 spouses. Regardless of the reason behind the request, the USCIS cannot approve an H-4 EAD application filed on behalf of an H-4 dependent child. (17.Apr.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies......
18 April 2024This afternoon, the U.S. Department of State (DOS) released the May 2024 Visa Bulletin. The employment-based categories show no forward movement from the previous month. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin......
09 April 2024The U.S. Citizenship and Immigration Services (USCIS) soon will publish a temporary final rule in the Federal Register that will increase the automatic extension period of certain employment authorization documents (EADs) while the form I-765 renewal application is pending. Here are the key points you......
04 April 2024Answer Unfortunately, no, the priority date from one’s I-140 cannot be transferred to an I-130 petition. (03.Apr.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright......
03 April 2024The attorneys in our firm regularly track governmental policies and take action to improve the immigration process for our clients and the immigration community at large. To that end, the Murthy Law Firm recently submitted a letter to the U.S. Citizenship and Immigration Services (USCIS)......
28 March 2024Answer There is a good chance that the USCIS will deny the pending I-131 application based on the travel. Unfortunately, the USCIS has a policy that, for initial AP applications – or for applications where the previous AP has expired – the applicant generally must......
27 March 2024Answer You can file your own I-485 application, but your wife must be physically in the U.S. in order to file her I-485. (17.Mar.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
27 March 2024On March 21, 2024, the U.S. Citizenship and Immigration Services (USCIS) updated the USCIS Policy Manual clarifying certain criteria for expedite requests. The update also provides additional guidance on how to submit expedite requests to the USCIS and how they are processed. Overview of USCIS......
25 March 2024The Murthy Law Firm routinely receives calls from individuals asking how to deal with birth documents that have incorrect information. Foreign nationals seeking to apply for U.S. immigration benefits should ensure that the birth information on official documents, like birth certificates and passports, is accurate.......
21 March 2024Answer Generally speaking, it is possible to request a 7th year extension of H1B status before a PERM has been pending for the full 365 days, as long as the requested start date is within the next six months, and as long as the PERM......
20 March 2024On March 11, 2024, the U.S. Department of State (DOS) released the April 2024 Visa Bulletin. For India and China, EB3 remains ahead of EB2 on the final action date chart, which may lead to increased interest in transferring the underlying basis of a pending......
19 March 2024Answer The fact that you had a green card and then abandoned it typically would not prevent you from being sponsored by your U.S. citizen child for another green card (once the child reaches the age of 21). (13.Mar.2024) Sheela Murthy and other senior attorneys......
13 March 2024Today, the U.S. Department of State (DOS) released the April 2024 Visa Bulletin. This month’s visa bulletin also provides some predictions for movement in the coming months. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified.......
11 March 2024A foreign national seeking to become a lawful permanent resident of the United States (i.e., a “green card holder”) typically should be familiar with the concept of a priority date. For all employment-based (EB) preference categories, a foreign national’s priority date is critical, as it......
04 March 2024In applying for a PERM labor certification, an employer first must request a prevailing wage determination from the U.S. Department of Labor (DOL). Although prevailing wage determinations typically are based on internal DOL data, there are times when an employer may be required or have......
29 February 2024The Murthy Law Firm periodically receives questions from those who do not know the categories of their pending employment-based permanent residence (“green card”) cases. This is a useful piece of information, which determines timeframes and options for an individual or family. While generally available from......
26 February 2024The attorneys in our firm regularly track governmental policies and takes action to improve the immigration process for our clients and the immigration community at large. To that end, the Murthy Law Firm recently submitted a petition for rulemaking to the U.S. Department of State......
22 February 2024Unravel the complexities of AC21 portability and I-140 adjudication with expert insights from Murthy Law Firm attorneys in this exclusive Q&A session. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes. ......
22 February 2024Answer You cannot apply for an H-4 EAD based on your own approved I-140. If your spouse has an approved I-140, you can use that to apply for an H-4 EAD. Or, once your priority date is current, if you file your I-485 application, you......
14 February 2024This evening, the U.S. Department of State (DOS) released the March 2024 Visa Bulletin. As expected, there is not much movement in most of the employment-based categories. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified.......
09 February 2024The U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS) have a special, expedited I-130 form, petition for an alien relative, filing procedure for a U.S. citizen living abroad facing exceptional circumstances. In eligible situations, this procedure can help reduce the......
08 February 2024Answer A person being admitted to the United States in TN status must demonstrate nonimmigrant intent. However, even an approved I-140, by itself, is not sufficient reason to deny a person’s TN application or extension request. (08.Feb.2024) Sheela Murthy and other senior attorneys provide guidance......
08 February 2024On January 5, 2024, the U.S. Citizenship and Immigration Service (USCIS) issued updated guidance in the USCIS Policy Manual regarding how officers are to adjudicate pending immigrant petitions for alien workers (form I-140) when an employee ports to a new employer under the American Competitiveness......
29 January 2024Answer A green card holder generally must be in the U.S. when the reentry permit application is filed, and typically must be here to provide biometrics. However, they generally can then depart the U.S. while the application is pending without impacting the pending case. (18.Jan.2024)......
18 January 2024Answer Once the I-140 is approved, the beneficiary typically gets to keep that priority date, regardless of any action taken by the petitioning employer. Unless the I-140 is revoked by the USCIS due to fraud, willful misrepresentation, or material error by the USCIS, or because......
18 January 2024Today, the U.S. Department of State (DOS) released the February 2024 Visa Bulletin. Unsurprisingly, there is little-to-no movement in most of the employment-based categories. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary......
12 January 2024Answer It is possible to reapply for PERM with the same employer after a denial. That does not guarantee an audit; but keep in mind that a significant percentage of PERM cases – perhaps around 1 out of 3 – are randomly selected for audit.......
11 January 2024The U.S. Citizenship and Immigration Services (USCIS) recently published a final rule in the Federal Register announcing an increase in premium processing fees that will go into effect February 26, 2024. The fee increase is based on the inflation index from June 2021 through June......
10 January 2024To apply for status as a lawful permanent resident (“LPR”) in an employment-based category, a foreign national typically must be sponsored by a U.S. employer. One exception to this, however, is the national interest waiver (NIW), which falls under the employment-based, second preference (EB2) category.......
08 January 2024Answer In this situation, it may be possible for the education and experience to be used to qualify for an EB2 position. This, of course, assumes that the job being offered has EB2-level requirements. (04.Jan.2024) Sheela Murthy and other senior attorneys provide guidance that clarifies......
04 January 2024On December 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced the release of updated guidance in the USCIS Policy Manual relating to family-based conditional permanent residents (CPRs). The USCIS added consolidated guidance to the policy manual, which includes updated direction on waivers based......
03 January 2024The holiday season provides many with opportunities to have a good time, and a few drinks, with friends. Those who choose to do so should arrange for a designated driver or other safe, sober transportation home. Alcohol-related arrests, not to mention serious accidents, are all......
29 December 2023The PERM labor certification process can be lengthy for employers and employees. During the wait, a company pursuing a labor certification for a prospective employee may be acquired, merge, change corporate structure, or change ownership. In such an event, the new entity may be able......
18 December 2023Assisted Reproductive Technology (ART), as it relates to green cards and citizenship, is discussed by Murthy Law Firm attorneys in the December 2023 podcast. The MP3 is available here and soon can be found in the archive of our teleconferences and podcasts on iTunes....
13 December 2023The U.S. Department of State (DOS) released the January 2024 Visa Bulletin this afternoon. There is significant movement in the employment-based, first preference (EB1) category, and far more modest movement in some of the other oversubscribed categories. All cutoff dates listed refer to those in......
11 December 2023Most family-based immigration cases require the petitioner to also serve as a financial sponsor for the intending immigrant. To qualify as a sponsor, a petitioner must demonstrate sufficient means to ensure that the beneficiary family member will not become a public charge, in need of......
11 December 2023Answer No, this normally would not impact an applicant’s chances of being issued an F-1 student visa. (07.Dec.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. ......
07 December 2023Answer No, you do not need the original I-140 approval notice for priority date retention. You can just reference the approved case receipt number information and include a copy of the approval, if available. (07.Dec.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies......
07 December 2023In the United States, Valentine’s Day often brings with it an increase in marriage proposals. U.S. immigration law has long-valued the idea of family unity. And, to that end, a U.S. citizen (USC) wishing to bring a foreign national fiancé/e or spouse to the United......
04 December 2023Answer This is not necessarily a cause for alarm. A fairly significant percentage of PERM cases are randomly selected for audit. So, the mere fact that the case was selected for audit does not automatically mean anything was done incorrectly, or that the case will......
30 November 2023Answer To be admitted on a B-1/B-2 visa, a foreign national must overcome the presumption of immigrant intent. Needless to say, having an approved I-140 could be viewed as a sign that the individual desires to reside in the United States. However, this does not......
30 November 2023Most petitions filed for an alien relative (form I-130) require the petitioner to also serve as a financial sponsor for the intending immigrant. Among the requirements to qualify as a sponsor, the individual must be domiciled in the United States or a U.S. territory. While......
27 November 2023Answer If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the......
22 November 2023Answer The processing time can vary, but assuming the priority date remains current, it typically takes about 6-to-8 months to get an appointment. (22.Nov.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
22 November 2023On October 30, 2023, U.S. President Joseph Biden issued a wide ranging executive order on artificial intelligence (AI) which, in part, calls for the expansion of immigration opportunities for highly skilled foreign nationals with expertise in AI or other critical and emerging technologies to study,......
15 November 2023The Child Status Protection Act and its significance for dependent children obtaining their green cards are the topics discussed by Murthy Law Firm Attorneys in November 2023. The MP3 is available here and soon can be found in the archive of our teleconferences and podcasts......
14 November 2023This afternoon, the U.S. Department of State (DOS) released the December 2023 Visa Bulletin. The last visa bulletin of the calendar year sees almost no movement from the previous month. All cutoff dates listed refer to those in the final action chart (i.e., Chart A),......
09 November 2023Answer No, for an EB1(c) petition filed using premium processing, the USCIS has 45 calendar days to take action on one’s case. When the RFE was issued, an action was taken. When you responded to the RFE, the clock was restarted, and the USCIS now......
09 November 2023In each permanent resident (“green card”) case, one must decide whether to request consular processing (CP) or adjustment of status (AOS). There are two possibilities for this last step in the green card process: adjustment of status within the United States or processing for an......
09 November 2023While foreign nationals are typically mindful about confirming the permissibility of international travel prior to boarding a plane, an individual may be less mindful about another, less common form of travel – international cruises. However, like air travel, a foreign national should understand the nature......
06 November 2023Answer No, you can use premium processing to get the result of the I-140 petition relatively quickly. If it is approved, you just will not be able to use it for purposes of applying a form I-485 adjustment of status application (or an immigrant vias......
02 November 2023The U.S. Citizenship and Immigration Services (USCIS) recently announced the publication of updated guidance regarding changes made to the EB5 immigrant investor program as a result of the EB5 Reform and Integrity Act of 2022 (RIA). The updated guidance addresses the required time that the......
30 October 2023Frequently Asked Questions about the Visa Bulletin are the topic of discussion among Murthy Law Firm attorneys recorded in October 2023 in our series produced for employers. The MP3 is available here and can be found in the archive of our teleconferences and podcasts on......
27 October 2023Answer While a U.S. citizen may sponsor a foreign national spouse as an immediate relative, the same does not hold true for a green card holder sponsoring a spouse. In this situation, the petition would fall under the family-based, second preference “A” (FB2A) category. After......
26 October 2023Answer There is no need to be in L1A status in order to be sponsored for an EB1(c) multinational executive or manager position. Assuming you meet the requirements, it is possible to be in H1B status and have the employer file a petition for you......
26 October 2023The Murthy Law Firm recently succeeded in obtaining a green card for a dependent child who initially aged out, but later regained eligibility to apply for adjustment of status as a dependent after an update to the Child Status Protection Act (CSPA). The Murthy Law......
25 October 2023On October 12, 2023, the U.S. Citizenship and Immigration Service (USCIS) launched the new Enterprise Change of Address (E-COA) self-service tool for an individual to notify the USCIS of a change in address. The tool is intended to improve the speed and efficiency of updating......
19 October 2023The U.S. Citizenship and Immigration Services (USCIS) recently announced that, effective immediately, the maximum validity period of certain categories of employment authorization documents (EADs) will increase from one or two years to five years. This procedural change should help to reduce burdens on applicants and......
16 October 2023Answer On paper, the requirements for the L1A category and the EB1(c) category are extremely similar. In practice, the USCIS tends to adjudicate the EB1(c) category using a higher standard, as it is requesting a permanent benefit. So, while having an L1A petition approved certainly......
12 October 2023Answer If two or more EB5 investors wish to invest in the same project, the investment must be made through a regional center. (12.Oct.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
12 October 2023Any foreign national who wishes to practice medicine in the United States must take into account certain immigration considerations. For Canadian citizens, however, there are a number of unique issues that tend to arise. Canadian Physicians Do Not Need to Obtain ECFMG A physician who......
11 October 2023The U.S. Department of State (DOS) released the November 2023 Visa Bulletin earlier today. There is very little movement in the latest visa bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary......
09 October 2023On September 12, 2023, the U.S. Citizenship and Immigration Services (USCIS) released guidance clarifying how it evaluates evidence to determine eligibility for two EB1 immigrant subcategories, for a person of extraordinary ability (EB1(b). This policy update provides guidance on types of evidence for EB1 petitions......
04 October 2023Congress must pass a spending bill to extend government operations before October 1, 2023, or else a temporary shutdown of the federal government will go into effect. This would be the first shutdown of the Biden Administration. Annual Budget Process and History of Shutdowns The......
25 September 2023Answer If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion......
21 September 2023Answer Once a person enters on an immigrant visa, the U.S. Customs and Border Protection (CBP) officer at the U.S. port of entry should have placed an I-551 stamp in the visa / passport, which serves as temporary evidence as status as a green card......
21 September 2023Today, the U.S. Department of State (DOS) released the October 2023 Visa Bulletin, which is the first visa bulletin of fiscal year 2024. As expected, there is movement in most of the categories. All cutoff dates listed refer to those in the final action chart......
15 September 2023The U.S. Citizenship and Immigration Services (USCIS) has updated the USCIS Policy Manual with additional guidance that expands the extraordinary circumstances exception to the Child Status Protection Act’s (CSPA) “sought to acquire” requirement. This update stems from a February 14, 2023, policy update that expanded......
14 September 2023Answer No. What you are proposing generally would not work. If you wish to fall under one of the new EB5 sub-categories (e.g., EB5 set aside; rural), you would need to make a new $900,000 investment and then file an I-526 petition (or I-526E petition,......
14 September 2023Answer Generally speaking, a U.S. citizen living abroad may sponsor their spouse for a green card, as long as they plan to move to the U.S. once the immigrant visas are issued. (14.Sep.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law.......
14 September 2023Many foreign nationals hold some mistaken beliefs related to the employment authorization document (EAD). Laws and regulations that govern employment through the EAD may differ substantially from the rules that govern work authorization provided by nonimmigrant status, such as H1B. Foreign nationals must make efforts......
12 September 2023Answer There is not a specific limit to the amount of time a person with a pending I-485 can remain outside the U.S. The issue, however, is how the individual will be able to return. If the applicant is relying on the AP document, she......
07 September 2023The Fraud Detection and National Security Directorate (FDNS) of the U.S. Citizenship and Immigration Services (USCIS) is responsible for conducting site visits, when needed, at the homes of married couples in spousal permanent residence (“green card”) cases. This is an effort to identify and investigate......
05 September 2023Answer At the time of this writing, the DOL is taking around six months to issued PWDs. (24.Aug.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. ......
24 August 2023Citizens of India, who are interested in applying for a green card via the EB5 immigrant investor program, are racing to transfer money to the U.S. before a new Indian remittance tax takes effect on October 1, 2023. The tax hike on most remittances sent......
21 August 2023Answer Although there is factual basis for this rumor, it unfortunately seems highly unlikely that this will happen. Several weeks ago, more than 50 members of the U.S. House of Representatives sent a joint letter to the U.S. Department of State (DOS) and the U.S.......
17 August 2023Answer DA is the class of admission generally granted to someone who is admitted on advance parole. Assuming your I-485 is still pending, there typically would be no need to take any action based on the expiration date listed. (17.Aug.2023) Sheela Murthy and other senior......
17 August 2023Answer Unfortunately, no. Priority dates cannot be transferred between employment-based and family-based petitions. (17.Aug.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2023, MURTHY......
17 August 2023It is not uncommon to hear of situations where a pregnant lawful permanent resident (LPR) or green card holder who travels abroad for temporary travel and gives birth while outside the United States. The newborn does not have a green card or other U.S. travel......
17 August 2023Earlier this year, the U.S. Department of State (DOS) updated the guidance for how consular officers should determine whether a misrepresentation made by a foreign national is to be considered “material.” Under the Immigration and Nationality Act, if a foreign national makes a misrepresentation regarding......
14 August 2023The impact of criminal issues like DUI and shoplifting on nonimmigrant status and Lawful Permanent Residence (i.e. green card) are discussed by Murthy Law Firm attorneys in the podcast that aired 02.Aug.2023. The MP3 is available here and in the archive of our teleconferences and......
10 August 2023Answer As a general rule, leaving the U.S. during the PERM or I-140 stage would have no impact on one’s green card case. (10.Aug.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here.......
10 August 2023Today, the U.S. Department of State (DOS) released the September 2023 Visa Bulletin. As is typical with the last visa bulletin of a fiscal year, there is little movement from the previous month. More significant changes in the visa bulletin are expected in the October......
08 August 2023[Read Part 2 of this MurthyDotCom NewsBrief.] At the Murthy Law Firm, we are often asked by potential clients whether they can hire us for their immigration matters. The answer to this question often depends upon the type of immigration case. Given the importance of......
03 August 2023Answer Normally, abandonment of one’s green card would not impact the validity of the family members’ green cards. In general, this applies, even if the person who abandons his green card was the principal applicant. (03.Aug.2023) Sheela Murthy and other senior attorneys provide guidance that......
03 August 2023Today, the U.S. Department of State (DOS) released the August 2023 Visa Bulletin. Several categories retrogress in the latest visa bulletin, although at least some of the backlogs should start clearing up in October, when the new fiscal year begins. All cutoff dates listed refer......
13 July 2023The U.S. Citizenship and Immigration Services (USCIS) has released updated guidance for an employment authorization document (EAD) based on compelling circumstances for a person who has an I-140 immigrant petition approval. The updated guidance explains the eligibility criteria for a compelling circumstances EAD, gives examples......
13 July 2023Answer There is no requirement that dependents be in the U.S. when an I-140 is filed. Once the priority date is current, however, each dependent would need to be physically in the United States in order to file his or her I-485 adjustment-of-status application. The......
13 July 2023Answer A change in citizenship would ordinarily not affect an approved I-140. (06.Jul.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2023, MURTHY LAW......
06 July 2023Answer Being in the U.S. would typically not impact the wait time for an immigrant visa. If you happen to be in H1B status when the I-130 is approved and your priority date is current, you could file for adjustment of status (form I-485), as......
06 July 2023For a variety of reasons, there are situations in which individuals who hold lawful permanent resident (LPR) status may wish to relinquish their green cards. Personal circumstances change over time and new opportunities present themselves, making it necessary or desirable to relocate outside of the......
06 July 2023A foreign national may become subject to inadmissibility for a variety of reasons. Those deemed inadmissible are not eligible for immigrant or nonimmigrant visas, admission to the United States, extension of nonimmigrant status, or adjustment of status to that of a lawful permanent resident (LPR).......
03 July 2023Answer Assuming Employer A did not withdraw the I-140 petition, yes, this should be possible. Obviously, you and Employer A would need to intend for you to work in the Java Developer position once the green card is issued. But the fact that you are......
28 June 2023The PERM labor certification process is lengthy and complex. While many receive good news at the end of the process, some PERM decisions are not favorable. The Murthy Law Firm often receives inquiries from individuals and their employers following their receipt of PERM denials. These......
26 June 2023Any individual seeking an immigration benefit may experience long processing times. Although lengthy processing times are not necessarily a cause for concern, there are situations in which an individual or an employer may feel the need to take additional action and file a writ of......
19 June 2023Answer There is no conflict between being in L1A status and having a PERM case filed on one’s behalf. Note, however, that the maximum amount of time a person may remain in L1A status is seven years. Unlike the H1B category, which allows a person......
15 June 2023Answer Yes, gifted funds can be used for purposes of an EB5 investment. If any gift tax is owed, it would need to be paid, and the gift giver would need to provide documentation to show the lawful source of the funds being gifted. (14.Jun.2023)......
15 June 2023Answer Generally, if it is not possible to get an employment verification letter from the prior employer, it is possible to use coworker affidavits as evidence of past employment experience. (14.Jun.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information......
15 June 2023Today, the U.S. Department of State (DOS) released the July 2023 Visa Bulletin. The most notable change in the latest visa bulletin is further retrogression in the employment-based, third preference (EB3) category. All cutoff dates listed refer to those in the final action chart (i.e.,......
08 June 2023Many MurthyDotCom readers will consider options for naturalizing to U.S. citizenship at some point in their immigration journeys. This often gives rise to questions regarding family members, including one’s children. This is a broad overview of how children born outside of the United States may......
05 June 2023An individual seeking lawful permanent resident status in the United States may wait several years for the U.S. Citizenship and Immigration Service (USCIS) to issue the lawful permanent resident card (green card). On occasion however, the USCIS can erroneously issue a green card before an......
01 June 2023Answer A civil lawsuit generally would have no impact on a person’s H1B status or green card application. (24.May.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. ......
24 May 2023Answer If there has been a material change to the nature of the position (as described on the ETA9089 form) that typically would require a new PERM labor certification and I-140 petition for that new position. Given that you have an approved I-140, however, you......
16 May 2023Answer Assuming you are in your 60-day grace period, being laid off would generally not impact your ability to file your I-485 based on the I-130 petition filed by your husband. (16.May.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For......
16 May 2023The U.S Customs and Border Protection (CBP) initiated a “stampless” entry pilot program in April 2022, and is now in the process of implementing the program at all airports, seaports, and land ports of entry (POEs) as part of a larger effort to streamline the......
15 May 2023Today, the U.S. Department of State (DOS) released the June 2023 Visa Bulletin. Most cutoff dates in the employment-based categories remain unchanged. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First......
11 May 2023Today, the Office of Foreign Labor Certification (OFLC) announced that it is postponing the implementation date for using the new Foreign Labor Application Gateway (FLAG) system until June 1, 2023. The full announcement reads as follows: “Following up on the announcements of April 21, April......
11 May 2023Answer Unfortunately, a PERM case that has only made it to the recruitment phase typically cannot be used as a basis for extending H1B status beyond the standard 6-year max. (11.May.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information......
11 May 2023The Office of Foreign Labor Certification (OFLC) soon will cease accepting form ETA 9089, application for permanent employment certification (PERM), via the legacy PERM online filing system, and instead will require all such applications to be submitted through the Foreign Labor Application Gateway (FLAG) system.......
08 May 2023Answer Using money lawfully earned in the U.S. is perfectly fine for an EB5 investment. (03.May.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright ©......
04 May 2023The concept of priority dates is confusing for many. There are statutory limits to the number of foreign nationals who may be granted permanent residency (commonly, green cards) under all employment-based (EB) and most family-based (FB) categories. For these types of green card cases, priority......
03 May 2023Answer The EB1(a) category is reserved for foreign nationals who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics. This tends to be a very high bar. If the USCIS denies your petition, this would not prevent you from refiling later. The......
27 April 2023Answer Based on the EB5 Reform and Integrity Act of 2022, which was signed into law in March 2022, the EB5 program in the visa bulletin is now separated into four categories: (1) Unreserved, (2) Rural Set Aside, (3) High Unemployment Set Aside, and (4)......
27 April 2023On March 31, 2023, the U.S. Citizenship and Immigration Services (USCIS) removed the requirement that civil surgeons sign the report of immigration medical examination and vaccination record (form I-693) within 60 days of the date of application for the underlying immigration benefit. The policy has......
27 April 2023Answer In order to qualify for an H-4 EAD, the principal H1B spouse must either (1) be the beneficiary of an approved I-140, or (2) have extended H1B status beyond six years based on the American Competitiveness in the Twenty-First Century Act (AC21). If your......
20 April 2023The U.S. Department of Labor (DOL) has agreed to review denials of ETA form 9089, application for permanent employment certification (PERM labor certification) based on question H.10-B, which asks employers to identify an acceptable alternate occupation in which applicants could gain prior qualifying experience. After......
17 April 2023This afternoon, the U.S. Department of State (DOS) released the May 2023 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no movement in......
13 April 2023Answer No, unfortunately, you generally cannot use a priority date from a family-based case and apply it to an employment-based case. (13.Apr.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more......
13 April 2023On March 28, 2023, the U. S. District Court for the District of Columbia held that the program that allows certain H-4 spouses to apply for employment authorization documents (EADs) was lawfully promulgated. Save Jobs USA, an organization of U.S. workers had challenged the H-4......
12 April 2023The U.S. Citizenship and Immigration Service (USCIS) recently announced a new mail delivery process for lawful permanent residents (LPRs) to receive an alien documentation, identification, and telecommunication (ADIT) stamp (also known as an I-551 stamp) as temporary evidence of the LPR’s status. Under the new......
10 April 2023Answer No, there normally is no need to be in L-2 status in order to apply for a green card as a dependent of one’s spouse. (06.Apr.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online......
06 April 2023On March 15, 2023, the United States Citizenship and Immigration Services (USCIS) updated its ability-to-pay guidance, which can be found in Volume 6, Chapter 4 of the USCIS Policy Manual. The new guidance from the USCIS regarding the sponsoring employer’s ability to pay applies only......
06 April 2023On March 7, 2023, the U.S. Citizenship and Immigration Service (USCIS) issued updated guidance in the USCIS Policy Manual for mobile biometrics collection. This guidance clarifies the circumstances under which the USCIS will offer mobile biometrics for individuals who are unable to attend appointments at......
27 March 2023Answer Generally speaking, as long as the previous I-140 is still valid, it can be used for purposes of extending H1B status beyond the six-year max, assuming the individual otherwise qualifies for this benefit. Once 180 days have passed following the approval of an I-140......
23 March 2023Today, the U.S. Department of State (DOS) released the April 2023 Visa Bulletin. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified. Visa Bulletin Summary Employment-Based, First Preference (EB1) Category There is no movement in the......
22 March 2023Answer Yes, in most situations, it is possible to be charged against a spouse’s country of birth when applying for a green card. This is known as cross-chargeability. The fact that the marriage took place after the I-140 was filed typically would not impact a......
09 March 2023Answer In the family-based preference categories, the spouse and/or minor children of the primary beneficiary may also benefit from the single-petition filing. Normally, there is no need to file a separate petition for these family members. (09.Mar.2023) Sheela Murthy and other senior attorneys provide guidance......
09 March 2023Answer Ordinarily, travel has no impact on a pending or approved PERM LC. (09.Mar.2023) Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright © 2023, MURTHY......
09 March 2023On February 14, 2023, the U.S. Citizenship and Immigration Service (USCIS) issued updated guidance in the USCIS Policy Manual that significantly improves the protections offered by the Child Status Protection Act (CSPA). Per the new guidance, in certain circumstances, CSPA age determinations may be based......
27 February 2023