US Immigration News

A federal judge has issued a temporary restraining order blocking President Trump’s executive order to remove birthright citizenship from certain children born in the U.S.

The post Federal Judge Temporarily Blocks Trump Citizenship Executive Order appeared first on Murthy Law Firm | U.S Immigration Law.

As of 01.Jan.2025, USCIS is waiving the COVID-19 vaccination requirement for adjustment-of-status applicants submitting Form I-693, Report of Immigration Medical Examination and Vaccination Record.

The post COVID-19 Vaccinations No Longer Required for I-485 Medical Examinations appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

You should be able to return on L1A or H1B. Either way, this should not impact your eligibility for the EB1(c) category. (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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post After working in the U.S. on H1B for a few years, my company sent me back to India to work as a manager for one year. I am now being transferred back to the U.S. in a managerial role so I can file in the EB1 category. Do I have to transfer back on L1A to qualify, or can I go back on H1B? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

If an H1B change of employer is denied, this normally would not affect the validity of the existing H1B petition with your current employer. (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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post If an employer files an H1B transfer for me, and it is denied, can I keep working for my current employer? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Is there premium processing for PERM cases? appeared first on Murthy Law Firm | U.S Immigration Law.

On January 20, 2025, Donald J. Trump was sworn in as the 47th president of the United States and issued a slew of executive orders and memoranda immediately after taking office, many of which are related to business and family-based immigration policy. Here are brief summaries of some of the key executive actions:

 

• An executive order titled Protecting the Meaning and Value of American Citizenship, which ostensibly eliminates birthright citizenship from children born in the U.S. when neither parent is either a U.S. citizen or lawful permanent resident. At least one lawsuit has already been filed challenging this executive order, and given that this right is enshrined in the U.S. Constitution, it seems very likely that this executive order will be blocked by the courts.
• A memorandum directs administration officials to establish a trade policy prioritizing U.S. interests and American workers, and specifically includes reviewing the United States-Mexico-Canada Agreement (USMCA), which covers TN visa classification for Mexican and Canadian nationals.
• An executive order titled Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats mandates enhanced security screening for visa processes. Further, it gives administration officials 60 days to identify any countries from which vetting and screening information is so lacking that it is not possible to properly identify possible security threats, and therefore a partial or total travel ban may be warranted.
• An Executive Order to rescind many executive orders issued by former President Biden, including the order titled Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans, which directed the streamlining and improvement of many immigration processes and policies, including the public charge provisions.

Your Takeaway

As was the case during President Trump’s previous term in office, we expect frequent and significant changes to many immigration rules and policies over the next four years. We will continue to keep our readers up to date on any new developments from the Trump Administration, and those in need of specific advice are encouraged to schedule a consultation with one of our qualified immigration attorneys.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post MurthySnapshot: President Trump’s Day 1 Executive Orders appeared first on Murthy Law Firm | U.S Immigration Law.

Congress appears ready to pass the Laken Riley Act, which authorizes the detention of certain foreign nationals charged with theft and other crimes in the United States. This law also denounces the Biden Administration for its border policies and calls for stronger border enforcement measures.

New Mandatory Detention by State, Local or Federal Agencies

The Act would amend the Immigration and Nationality Act (INA) to mandate that the Secretary of Homeland Security take custody of certain aliens who are charged with theft-related offenses. The law says that the definitions of these various crimes depend on the place where the crime occurred. The Secretary of Homeland Security would be required by this Act to detain such people to ensure they remain in custody if other law enforcement authorities are not already holding them.

Three-Types of Immigration Law Violators Subjected to Mandatory Detention

Assuming the law is passed, the mandatory detention provision would apply to three categories of foreign nationals. First, it would include foreign nationals who enter the U.S. without being inspected at an established entry point or who are present in the U.S. without previously having been admitted or paroled into the U.S.

The other categories of people who would be impacted by this new mandatory detention provision would include those inadmissible to the U.S. because of fraud or misrepresentation and those who otherwise lack proper documents when they present themselves at the border. This final category of people who lack proper documentation at the border can already be immediately returned to their home country when they are stopped at the border using the expedited removal procedure.

Authority of States to Sue Secretary of Homeland Security

The Act would also empower state attorneys general to sue the Secretary of Homeland Security over violations of the detention and removal requirements that impact residents of their respective states. This is intended to give states a greater role in immigration enforcement by allowing them to seek legal remedies in cases where they believe their state was harmed because of federal actions or inactions.

As touched upon in the MurthyDotCom NewsBrief, Murthy Victory in D.C. Federal Court Results in Reversal of Denial (08.Sep.2021), a person suing the federal government must be able to show some manner of injury. Some cases have questioned Congress’s power to give anyone the right to sue the federal government by saying they suffered an injury merely because Congress says they were injured. So, this provision in the Act is one aspect that will be subject to close scrutiny and challenge, assuming it is passed and signed into law.

Conclusion

The Laken Riley Act would create new penalties for some foreign nationals. It is in response to the Georgia murder of a nursing student by an unlawfully present migrant. If, as expected, this bill becomes law, the actual impact of this law through actions taken by the government will be better understood.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Congress Poised to Pass Laken Riley Act, Authorizing Detention for Theft-Related Crimes appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

You typically need to cancel the existing appointment, and schedule a new appointment with a new DS-160 (indicating the appointment is for H-4.) It may be possible to reuse the fee. (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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post I am scheduled to apply for an H1B visa stamp next month in Chennai, but my project ended. Can I use the same appointment slot to apply for a H-4 visa instead? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

It is possible to eMail USCIS lockbox support at lockboxsupport@uscis.dhs.gov to inquire about a filing that has not yet been receipted. You should include the form number, petitioner or applicant name, date of birth, and mailing address, as well as the lockbox the package was sent to and delivery date. It is helpful to include the courier information as well.. (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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post I mailed my application to a USCIS lockbox weeks ago, but I have not yet received a receipt, and my filing fee has not been cashed. How do I contact USCIS about my missing case, since I do not even have a receipt number to reference? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post I have an interview scheduled for today at a local USCIS field office, but it snowed last night. How do I know if the interview has been postponed? appeared first on Murthy Law Firm | U.S Immigration Law.

Today, 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), unless otherwise specified.

Visa Bulletin Summary Employment-Based, First Preference (EB1) Category

There is no movement in the EB1 category. EB1 China’s cutoff date remains fixed at November 8, 2022, and EB1 India’s cutoff date stands firm at February 1, 2022. The EB1 category remains current for all other countries of chargeability.

Employment-Based, Second Preference (EB2) Category

In the EB2 category, India’s cutoff date moves ahead to October 15, 2012. China’s EB2 cutoff date remains unchanged at April 22, 2020. The EB2 cutoff date for all other countries also sees no movement, keeping a cutoff date of April 1, 2023.

Employment-Based, Third Preference (EB3) Category

EB3 India’s cutoff date improves to December 15, 2012. For China, the EB3 cutoff date advances to July 1, 2020. The EB3 cutoff dates for all other countries of chargeability remains set at December 1, 2022.

EB3 Other Workers

In the EB3 other workers category, India’s cutoff date matches its EB3 counterpart at December 15, 2012. For China, the cutoff date is still stuck at January 1, 2017. The EB3 other workers cutoff date for all other countries of chargeability is still set at December 8, 2020.

Employment-Based, Fourth Preference (EB4) Category

In the EB4 category, the cutoff date for all countries remains set at January 1, 2021.

Employment-Based, Fifth Preference (EB5) Category

In the EB5 category, China’s unreserved (i.e., EB5 immigrant visa numbers not set aside for rural, high unemployment, and infrastructure projects) cutoff date remains set at July 15, 2016. India’s unreserved cutoff also is unmoved at January 1, 2022. EB5 remains current for all other EB5 categories and countries of chargeability.

Conclusion

MurthyDotCom will continue to closely monitor and report on movement and predictions related to the monthly visa bulletin. Subscribe to the free MurthyBulletin to have weekly updates sent to your inbox.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post February 2025 Visa Bulletin appeared first on Murthy Law Firm | U.S Immigration Law.

On 10.Jan.2025, the U.S. Department of Homeland Security extended Temporary Protected Status (TPS) designation for Venezuela, Sudan, and Ukraine. Read this Murthy article for an overview of TPS.

The post TPS Extended for Venezuela, Sudan, Ukraine appeared first on Murthy Law Firm | U.S Immigration Law.

Today, Secretary of Homeland Security Alejandro Mayorkas announced Romania is being added as to the U.S. visa waiver program (VWP). On or around March 31, 2025, Romanian nationals who obtain pre-departure travel authorization through the Electronic System for Travel Authorization (ESTA) will be eligible to visit the United States for business or pleasure for up to 90 days without having to first obtain a visa “stamp”.

Eligibility for VWP

In addition to obtaining travel authorization through ESTA, foreign nationals seeking admission under the VWP must be from a participating country and, among other criteria, must present an electronic or machine-readable passport from a VWP country at the port of departure, possess a valid round-trip ticket, and not represent a threat to the welfare, health, safety, or security of the United States. Once ESTA has been approved, it typically remains valid for two-years. But, if any of the following situations occur before the end of the two-year period, the foreign national must request new travel authorization through ESTA:

• the traveler is issued a new passport;
• the traveler changes his or her name;
• the traveler changes his or her gender;
• the traveler’s country of citizenship changes; or
• the circumstances underlying the traveler’s previous responses to any of the ESTA application questions requiring a “yes” or “no” response have changed.

Conclusion

Including Romania, the current list of VWP-eligible countries now grows to 43. The full list of countries includes: Andorra, Australia, Austria, Belgium, Brunei, Chile, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Poland, Portugal, Qatar, Romania, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

 

The post Romania Added to Visa Waiver Program appeared first on Murthy Law Firm | U.S Immigration Law.

The Murthy Law Firm often assists foreign nationals in fixing an erroneously issued I-94 card. In the years since U.S. Customs and Border Protection (CBP) replaced the paper I-94 card with an online I-94 system, we have noticed a significant increase in instances of people failing to realize their I-94s had expired. This can lead to serious immigration problems; but, as exemplified in this article, there may be ways of resolving status issues – even if cases where the U.S. Citizenship and Immigration Services (USCIS) has denied an initial request for relief. This Murthy Law Firm client graciously granted us permission to share his story to help others who may be facing a similar situation.

I-94 Shorted Based on Passport Expiration Date

Prior to contacting the Murthy Law Firm, our client realized his I-94 had expired more than 180 days prior, but less than 365 days. This occurred because, even though his H1B petition was still valid, when he last entered the United States, his I-94 expiration date was shortened to match the expiration date of his passport.

Through his employer, he filed an H1B extension with the U.S. Citizenship and Immigration Services (USCIS) and also made a nunc pro tunc (NPT) request. As discussed in the MurthyDotCom NewsBrief, Filing a Nunc Pro Tunc Request to Reinstate Status in the U.S. (01.Feb.2018) NPT is a discretionary remedy by which the USCIS may approve a late filed request to change or extend status. Unfortunately, the USCIS denied the NPT request, so the foreign national left the U.S., resulting in him being subject to a three-year bar to reentry. See the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022) for more information on unlawful presence and the three-year bar.

Murthy Takes Case to Federal Court

After departing the U.S., the foreign national contacted the Murthy Law Firm to see what options he may have to resolve this matter. We recommended escalating the matter to federal court.

In general, it is true that, unless a person has a passport valid for six (6) months after the requested status expires, CBP will not admit a foreign national worker beyond the passport expiration date. In the lawsuit we filed with the court, however, we presented evidence this rule does not apply in situations where an H1B worker or H-4 dependent family member is returning from a trip abroad. While CBP has discretion to decide if someone is admissible to the U.S. in H1B status, once CBP has agreed to admit the H1B worker, the I-94 expiration date is to be determined by the H1B approval notice, not the passport expiration date.

Government Fails to Have Case Dismissed on Technical Grounds

The government filed a motion to dismiss on two grounds. First, the government argued our client lacked legal standing to challenge the decision. Second, the government asserted the court did not have the authority to review the decision by CBP to admit the worker to his passport expiration date.

We successfully refuted both arguments. The court agreed that our client did suffer an “injury-in-fact” and therefore had standing. The ruling underscored that, even though it was the beneficiary, rather than the employer, who was suing, our client was someone whose legal status and opportunities were directly impacted by the government’s decisions. The court elaborated that the injury was personal and particular arising from a concrete loss of opportunities due to three-year bar to admission.

The court also agreed with our argument that CBP had no discretion to limit the I-94 expiration date to the passport expiration date under our client’s circumstances. Once the government’s motion to dismiss was denied, the government saw no choice but to settle the case. Per the settlement agreement, our client’s I-94 card expiration date was changed to his H1B approval notice’s expiration date. This retroactively eliminated his unlawful presence and his three-year bar.

Conclusion

Despite all the obstacles, the worker never gave up fighting. The Murthy Law Firm is thrilled to have assisted him in achieving this successful outcome. Nevertheless, checking your I-94 card online after you enter the U.S. is important to avoid such problems. It is important to keep in mind that, even when facts of a case are almost identical, seemingly small differences can have an outsized impact. There is no guarantee of a successful outcome, as each case is different. The Murthy Law Firm works hard to keep families together and to help families achieve their American dream of living and working in the United States.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Murthy Success: Lawsuit Results in I-94 Correction and Unlawful Presence Erased appeared first on Murthy Law Firm | U.S Immigration Law.

The USCIS has confirmed that the 04/01/24 edition of form I-129 must be received by the USCIS by 16.Jan.2025; any 04/01/24 edition I-129 delivered to the USCIS on or after 17.Jan.2025 will be rejected. Additionally, the new 1/17/25 edition of form I-129 will only be accepted if received on or after 17.Jan.2025.

The post Reminder: Current I-129 Form Expiring! appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

By law, certain H1B filing fees must be paid for by the employer, and cannot be reimbursed by the employee. But, in practice, all fees associated with the preparation and filing of an H1B petition must be covered by the employer. The U.S. Department of Labor generally views all such expenses as business expenses. Any attempt to pass these expenses on to the employee would typically be viewed as a reduction in that worker’s wages – and therefore, a violation of DOL regulations related to wage requirements.

One possible exception may be, in limited circumstances, where the employee pays for premium processing in a situation where premium processing is requested solely for the employee’s benefit (e.g., approval needed quickly to allow travel for personal reasons.) But, even then, this would only apply to the cost of premium processing. (08.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 © 2025, MURTHY LAW FIRM. All Rights Reserved

The post I was recently laid off. I found a company willing to sponsor me, but only if I agreed to pay for the H1B process. Is this allowed? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

No. To receive an automatic extension of an expiring EAD based on a timely filed I-765, the expiring EAD and newly requested EAD must be in the same eligibility category. So, if you wish to receive an automatic extension of the H-4 EAD, one of the requirements is you would need to file for an H-4 EAD extension. (08.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 © 2025, MURTHY LAW FIRM. All Rights Reserved

The post My H-4 EAD is expiring soon, and I recently got my H-4 status extended when I reentered the U.S. I am about to file my I-485 application and an I-765 based on the I-485. Will I receive an automatic extension of my H-4 EAD while my new I-765 is pending? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

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 of the STEM OPT requirements. (08.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 © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Is it possible to work as an independent contractor while on STEM OPT? appeared first on Murthy Law Firm | U.S Immigration Law.

All Federal government offices, including those of the USCIS, will be closed 09.Jan.2025, to honor the life of former U.S. President Carter. The USCIS will reschedule all natz ceremonies, interviews, & other appointments set for that day. Murthy Law Firm will remain open and be available to assist.

The post Government Offices Closed 09.Jan.2025 appeared first on Murthy Law Firm | U.S Immigration Law.

The TN nonimmigrant classification provides Canadian and Mexican citizens with the opportunity to work in the United States in specified professional roles. As discussed in the MurthyDotCom InfoArticle, TN Status: Employment Option for Canadian and Mexican Citizens (04.Oct.2021), this visa category provides a streamlined process for bringing professional workers into the U.S. While the TN classification is often associated with a traditional employer-employee relationship with a U.S. employer, it also accommodates less conventional employment arrangement, under certain conditions.

Flexibility in TN Classification: Beyond the Traditional Employer-Employee Relationship

Unlike the H1B nonimmigrant classification, a key benefit of the TN nonimmigrant classification is its flexibility in several key aspects, one of which allows the Canadian or Mexican citizen to render prearranged services in the United States without requiring a formal employer-employee relationship with a U.S. entity. Instead, Canadian and Mexican citizens may qualify for TN status based on a formal agreement, such as a signed contract, to provide prearranged professional services to a U.S. individual or entity.

For example, a foreign company that has entered into a contract with a U.S. company to provide services to the U.S. company potentially could sponsor a Canadian or Mexican citizen for a TN to provide services in one of the specified TN professional occupations. Based on a legacy Immigration and Naturalization Service (INS) letter, it is even permissible for a Canadian or Mexican citizen to directly contract with a U.S. entity, and apply for a TN based on that contractual relationship, without the requirement of becoming a W-2 employee of the U.S. company.

Restriction on Self-Employment

An important distinction to note is that TN workers are prohibited from establishing a U.S. entity where they effectively will be self-employed. Per regulation, a TN worker is not permitted to have a controlling interest in the U.S. entity sponsoring the TN.

On the other hand, ownership of a foreign company contracted with a United States entity to provide services in the United States does not automatically preclude eligibility for TN classification. A Canadian or Mexican citizen who owns or controls a foreign company may enter the U.S. under the TN classification to fulfill a contractual agreement between their foreign company and a U.S. entity, assuming there is an agreement for prearranged services in the United States.

Conclusion

The TN nonimmigrant classification offers significant opportunities for Canadian and Mexican citizens to work in the United States. However, navigating the distinction between permissible work and prohibited self-employment is essential to ensuring compliance with U.S. immigration laws.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Working in TN Status with No U.S. “Employer” appeared first on Murthy Law Firm | U.S Immigration Law.