US Immigration News

In 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 an LPR, you are allowed to live and work in the U.S.; however, you are unable to vote in federal elections, and, in some situations, you may risk your LPR status. To achieve full participation and protection in the United States, naturalization is the next and final step in the immigration journey.

Three- and Five-Year Eligibility Requirements

The general provision to be eligible for naturalization is that an applicant has been an LPR for five years. However, a foreign national who is married to a U.S. citizen may be eligible to file after three years as an LPR. To meet this three-year requirement, the applicant must document that the U.S. citizen spouse has been a U.S. citizen for at least three years at the time of filing, and that the couple has lived in marital union during these three years.

An applicant who obtained LPR status through a U.S. citizen spouse or parent who subjected them to battery or extreme cruelty may also utilize the three-year provision but is not required to have lived in marital union for those three years with the U.S. citizen spouse / parent.

Absences from the U.S.

As an LPR, it is expected for an individual to maintain the U.S. as their residence. If an absence is greater than six months but less than one year, there is a rebuttable presumption the LPR has broken continuous residence for naturalization purposes and abandoned the green card. If the absence is a year or more, then it is presumed that the individual has broken residence for naturalization purposes and the green card is no longer considered a valid travel document. Such situations are common and often occur when an LPR departs the U.S. to care for ailing parents or seeks an international employment opportunity. There are certain steps that may apply in such a situation to help alleviate the presumptions against a legal permanent resident, but it is important to understand that once naturalized, these absences are no longer an issue.

Waivers of the English or Civics Tests

Almost all applicants for naturalization must demonstrate the ability to communicate in and understand English. They also must demonstrate a basic knowledge of U.S. civics. There is an exception available for applicants who have physical or developmental disabilities / impairments that have lasted, or are expected to last a year or more. Applicants utilize the exception by submission of form N-648, which is completed by an authorized medical professional.

In addition to the medical exception, applicants do not need to complete the English exam and can take the civics exam in the language of their choice if at the time of filing they are:

• 50 years of age or older and have been an LPR for at least 20 years; or
• 55 years of age or older and have been an LPR for at least 15 years.

Moreover, if the applicant is at least 65 years of age and has been an LPR for at least 20 years, the applicant may take a simplified version of the civics exam.

Criminal Issues / Good Moral Character

An applicant for naturalization must establish that they are a person of good moral character during the statutory period, which continues until the applicant is sworn in as a U.S. citizen. The USCIS, however, is not limited to reviewing only the statutory period to determine the individual’s character. If the applicant has a criminal record or any other character problem that precedes the statutory period, the USCIS will determine whether there has been rehabilitation or if the prior acts should be considered relevant to the current moral character of the applicant. Good moral character evaluations are made on a case-by-case basis. The USCIS states that it will take into account “the standards of the average citizen in the community of residence.”

The most obvious moral character issue is a criminal record. The naturalization form requires that the applicant reveal all arrests and charges, and document the disposition of those matters. Additionally, the applicant is subjected to fingerprinting for a background check to locate any criminal record. Conviction of certain serious crimes, such as murder or any other aggravated felony, bars naturalization permanently. Other crimes and terms of imprisonment preclude naturalization only if they occur during the statutory period. In those cases, it may be possible to naturalize if one can establish rehabilitation and good moral character. The issues regarding immigration law and crimes can be complex. An individual with a criminal record should seek competent legal advice prior to making an application for naturalization. The Murthy Law Firm is experienced in advising on these matters.

Another issue with respect to good moral character is willful failure to support dependents. If an applicant has a minor child (or children) who does not live with them, it is necessary to prove that they are providing adequate financial support. Proof may be in the form of a court order for child support and documentation of required payment, canceled checks or money orders for support of the child/ren, evidence of provision of gifts / support in kind, documentation of provision of health insurance, evidence of the child/ren’s visiting the applicant for extended periods, and affidavits from the individual with whom the child lives, attesting to receipt of adequate support. The adequacy of the proof is subject to the discretion of the officer reviewing the case. The parent of a child (or children) who does not reside with them should keep detailed records regarding support. Any support paid in cash, without receipts or proof of some type, is likely to cause problems when applying for naturalization.

Statutory Bars

Once it is established that a person is eligible to apply for naturalization based on the above, the next question is whether any statutory bars prevent them from filing. Bars include subversion and/or anarchism, meaningful membership in a communist party, certain desertion during a time of war, a person in removal proceedings or with an outstanding order of deportation, and a foreign national who applied for a waiver of selective service requirements based on not being a U.S. citizen.

Conclusion

Becoming a U.S. citizen offers more than just a passport – it provides lasting security and stability in an ever-changing world. Citizenship protects your right to live, work, and build a future in the United States, along with the ability to vote and have a voice in shaping the nation’s direction. While the process of naturalizing takes effort, the peace of mind and sense of belonging it brings make it a meaningful step toward securing your place in the country you call home.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Steps to Secure Your Future Through U.S. Citizenship appeared first on Murthy Law Firm | U.S Immigration Law.

The New York Times reports that President Trump has ordered the close of the USCIS Ombudsman Office, together with the Civil Rights Division of DHS.

The post Trump Closes USCIS Ombudsman Office appeared first on Murthy Law Firm | U.S Immigration Law.

The 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 first step in most employment-based permanent residence (green card) cases. It is important to understand the issues and eligibility criteria for filing labor certifications after an employer has had employee layoffs.

Why Would an Employer Need a Foreign Worker if There Have Been Layoffs?

This is a good question, and it essentially is what the DOL is asking in various formats. The answer lies in geography, occupations, skills, and timing. In this climate, it is quite plausible for an employer to have employee layoffs in one location, while needing additional employees in another location. This happens when operations consolidate, or otherwise restructure. The needs of the employer often shift as a business is modified to adapt to changes, including the economy. There may be an increase in one segment of the business, with a downturn in another. Timing also plays a factor. The employer may have the need to lay people off, for example, early in the year. Should there be an improvement in the economy, however, or if the employer adapts and there is an increase in demand for the company’s products and/or services, then more employees may be needed four to six months later.

What Does the DOL Ask in the PERM Context?

Questions about layoffs arise in the context of employee recruitment efforts. The DOL asks the following YES or NO question in the PERM labor certification application (9089 form):

“Has the employer had a layoff in the occupation involved in this application or in a related occupation within the 6 months immediately preceding the filing of this application in the area of intended employment?”

If the answer to this question is YES, then the employer will need to explain how it complied with the PERM regulation layoff provisions.

Multiple-Part Question on the PERM Form

The question asked by the DOL is a multipart question. Each element must be analyzed to determine if the answer is YES. If the answer is yes, then the employer is required to explain how it tried to contact and consider certain potentially qualified former employees for the job opening. As covered below, in order to determine the appropriate response to the question posed by the DOL, it is necessary for the employer to analyze the following:

• Have there been layoffs?
• Did the layoffs occur within the past six months?
• Were the former employees working in the area of intended employment?
• Were the former employees working in the occupation set out in the labor certification?
• Were the former employees working in a related occupation?

What is the Relevance of a Layoff in the PERM Context?

The layoff provision is designed to incorporate reductions in force and downsizing; however, it can include an individual termination. Layoffs are defined as any “involuntary separation of a worker without cause.” Therefore, it does not extend to situations in which the employer has terminated the worker for cause. It also only involves involuntary terminations. If the only terminations were either voluntary or for cause (such as poor work performance), then the response to the question may be NO. The PERM regulations have made the issue of layoffs employer specific. The question does not consider industry layoffs.

Timeframe of Six Months Preceding Filing the PERM

The DOL is only concerned with layoffs that occurred within the six months immediately prior to filing the form 9089. Therefore, any layoffs that were more than six months prior to the filing can be disregarded. Layoffs that occur after the filing of a labor certification also do not change the answer to the question.

What is a Related Occupation for this Purpose?

If there have been layoffs of U.S. workers within the six-month period prior to filing the 9089 form, the employer must determine whether any former employee was working in the occupation on the labor certification or a related occupation. A related occupation is defined as any position that involves a majority of the essential duties of the sponsored position. So, if there were layoffs of U.S. workers in unrelated positions, the appropriate response to the question may be NO. The issue of whether a position is considered related or not will be clear in some situations, and less so in others. It is important for employers to be careful when answering this question, as all others on immigration-related documents, since most responses are under penalty of perjury. Employers should be prepared to support any determination on this or any related matter, in the event of an audit.

Area of Intended Employment

The final requirement is that laid-off former employees must have worked in the area of intended employment, which is the geographic area where the offered position is to be performed, including normal commuting distance. If the labor certification is for work in a specific location/s, and the former employee lives within arguably normal commuting distance, then the response to the question must be YES. If the sponsored position does not have a set work location, but rather anticipates various worksites throughout the United States, then YES must be the answer to the question if there have been any layoffs of U.S. workers in related occupations within the six-month period.

Layoffs Only Apply to U.S. Workers

The DOL is concerned with protecting U.S. workers. The layoff provision only applies to U.S. workers (U.S. citizens, lawful permanent residents, and individuals who do not require sponsorship to work in the U.S., such as refugees / asylees). If no U.S. workers have been terminated, then the employer will explain this on the form if the answer to the layoff question is YES.

Employer Obligations Under PERM if the Answer is YES to Layoffs

The employer must be able to demonstrate genuine attempts to notify any qualifying laid-off U.S. workers of the job opportunity, and that the former employee/s were considered for the position, if the response to the question on layoffs was yes. It is the employer’s responsibility to identify the terminated workers who previously held the same or related positions in the appropriate geographic area. The employer must determine whether any former worker potentially is qualified for the position, and must attempt to notify said worker of the opening.

In 2014, the DOL issued guidance in the form of a frequently asked question (FAQ) on the topic of employer requirements for compliance with notification and consideration of a laid-off U.S. worker. The FAQ specifies that it is not sufficient to simply inform such a worker that there may be job openings in the future and invite that individual to monitor the employer’s job postings. Rather, the DOL requires that the employer proactively notify the potentially qualified worker who was laid off during the six months preceding the PERM application. The employer must provide the individual with a full description of the specific job opportunity, and must invite that person to apply.

The DOL requires the employer’s efforts to contact a former employee be reasonable and in good faith. Notice is to be sent via mail, fax, or eMail to the last known address or fax number of the former worker. The employer must obtain such contact information from the employee at the time of the layoff and advise the individual of the option to update contact information in the future, as needed. The employer must let the employee know of the right to decline to receive information about future job openings. If the worker declines or, at a later point, requests discontinuation of notification, the employer has satisfied the notification and consideration obligations.

For an employer that files multiple labor certifications, it is possible to provide a more comprehensive notification. In this situation, the employer must notify the laid-off U.S. worker at least once per month that a list of job openings is available on the company’s website. Such electronic listings must be easily searchable and provide the job title, location, and link to the detailed description and requirements.

The Board of Alien Labor Certification Appeals (BALCA) clarified the notification requirements in 2017 when it issued a decision in Matter of Oracle America, Inc. In this decision, BALCA found that the notification requirement is not satisfied merely by providing a laid-off worker with a termination package that includes instructions on how to view and apply for any and all labor certification job opportunities that the employer may offer in the future. Any former employee who responds to the employer’s notification must be evaluated to determine if that individual is able, willing, and qualified to perform the sponsored job, under the standards applied to any other applicant.

DOL Acts as Watchdog

The PERM process is an attestation-based process. So, to a certain degree, it relies upon the honesty of the petitioning employer. However, lest any employer be tempted to be less than forthright on any matter, it is important to reiterate that by filing the labor certification the employer is attesting that all information contained within the 9089 is true and accurate to the best of the employer’s knowledge, under penalty of perjury. The listed penalties for failing to abide by this include significant fines and up to five years of imprisonment.

Employers must maintain documentation showing compliance with the requirement to notify and consider certain laid-off U.S. workers. This includes such evidence as letters, eMails, and other contemporaneous documentation showing how notice was provided and that any interested former employees were properly considered for the job opening. If former employees decline to receive such notifications or ask that they be discontinued, employers must also retain proof of these communications. The DOL can request such documentation in the context of a PERM LC audit.

In light of the economy at the time of this writing, it is likely that the DOL will continue to scrutinize this particular aspect of PERM cases closely. The DOL has said that it reviews all data available, including media reports, Worker Adjustment and Retraining Notification Act (WARN) notices, and data created by other DOL entities.

Murthy Law Firm Can Advise on PERM Filings

Worker terminations by employers seeking certifications for foreign workers is a matter that must be handled carefully. There are many considerations in determining whether a termination is relevant to labor certification filings and, if so, which workers must be contacted. If an employer has had layoffs, or if layoffs are anticipated in the near future, the employer should consult with an attorney well versed in the PERM process. It is just as important to carefully prepare the recruitment report and underlying documentation to demonstrate the employer’s good-faith efforts throughout the recruitment process. Attorneys at the Murthy Law Firm are experienced in navigating the complex issues surrounding PERM cases, and are available to assist employers with their PERM filings.

While 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, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers.

 

Copyright © 2009-2025, MURTHY LAW FIRM. All Rights Reserved

The post Labor Certifications after Employee Layoffs appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

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 not demonstrate intent to maintain it. (19.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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post I am a green card holder, and my employer transferred me to its foreign office for 18 months. I have an approved reentry permit and filed an N-470 application to preserve my residency for naturalization purposes. Do I still need to maintain ties to the U.S. to avoid abandoning my green card? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Generally speaking, if a person was issued an H1B visa “stamp” based on a case filed through the lottery, that person is considered cap-exempt (and therefore would not need to go through the lottery again). (19.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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Several years ago, an employer filed an H1B petition through the lottery for me. It was approved without an I-94 card because I was not in the U.S. when the petition was filed. I then was issued a visa stamp by the consulate, but my circumstances changed, and I never entered the U.S. If I wish to apply for an H1B now, would I have to go through the lottery again? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

A pending appeal on an H1B petition would not typically prevent a person from reapplying under the current year’s H1B lottery. (19.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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Last year, my H1B registration was selected in the lottery. However, my H1B petition was denied. The employer filed an appeal on the denial, and that appeal is still pending. Can the employer submit an H1B registration for me again this year? appeared first on Murthy Law Firm | U.S Immigration Law.

Details 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 form, G-325R.

Who is Already Registered

Most foreign nationals in the United States are already registered. If you fall into any of the following categories, and have the corresponding document, you generally do not have to register again:

• Lawful permanent residents with an I-551 card (i.e., green card)
• Foreign nationals paroled into the U.S. under INA 212(d)(5), even if the period of parole has expired, with an I-94 card issued by U.S. Customs and Border Protection (CBP) showing the parole into the U.S. [Such I-94 cards, which are available online for download, now reflect a code of DA.]
• Aliens admitted to the U.S. as nonimmigrants who were issued a form I-94 or I-94W (paper or electronic), even if the period of admission has expired
• All aliens present in the U.S. who were issued immigrant or nonimmigrant visa “stamps” before their last date of arrival
• Crewmen with either a landing permit (the I-95) or a landing permit and identification card (the I-184)
• Aliens whom DHS has placed into removal or deportation proceedings [This category of registration documents includes an order to show cause with either the I-221 or I-221S designations, the form I-862 notice to appear, or a form I-863 notice of referral to immigration judge.]
• Aliens issued an employment authorization document (EAD card) [The EAD card shows the “I-766” as the USCIS form number when it is issued.]
• Aliens issued border crossing cards (BCC) [This includes the BCC issued to Mexicans with the I-186 designation, and the BCC for Canadian citizens and British subjects residing in Canada with the I-185 designation.]

In addition, there are certain forms a foreign national may have filed that are considered qualifying registration forms. For example, if you have filed a form I-485, application to adjust status, this typically would satisfy the registration requirement, even if the application was denied. However, if someone files such an application and is instructed to provide fingerprints, and then fails to provide those fingerprints as instructed, then this would not satisfy the registration requirement. A more complete list of forms that satisfy the registration requirement can be found in the interim final rule (ITR) published in the Federal Register.

Foreign Nationals Generally Required to Register

The main categories of foreign nationals who are required to register include the following:

• Aliens present in the U.S. without inspection and admission, or inspection and parole [In other words, someone who crossed the U.S. border illegally will not have registered.]
• Canadian visitors who entered the U.S. at land ports of entry and were not issued evidence of registration, such as an I-94 card
• Foreign nationals, whether previously registered or not, who turn 14 years old in the United States

Anyone who fits into any of these classifications, and who has not otherwise satisfied the registration requirement as detailed in the ITR, is required to register if they will be staying in the U.S. for 30 days or more. The form G-325R can only be filed online. And, along with the registration requirement, the foreign national will be required to submit fingerprints, unless the fingerprint requirement is waived by the USCIS.

Conclusion

Murthy Law Firm attorneys are available to consult on questions related to the new alien registration requirement. Any new developments regarding the registration system will be reported on MurthyDotCom.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post USCIS Launches Alien Registration System appeared first on Murthy Law Firm | U.S Immigration Law.

As of 11.Mar.2025, immigrant visa applicants do not need a COVID-19 vaccine. If your medical exam is still valid, and your visa was denied for lacking this vaccine, you may obtain a new medical exam without a fee.

The post DOS Removes IV COVID-19 Vaccine Requirement appeared first on Murthy Law Firm | U.S Immigration Law.

Issues 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 available here and can be found in the archive of our teleconferences and podcasts on iTunes.

 

 

         

The post MurthyAudio: Consulate Nonimmigrant Issues appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

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 the intent to move to the United States at the same time as their parents.) (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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post I was born a U.S. citizen but currently am living in India while I finish my studies in university. Am I allowed to sponsor my parents for green cards now, or do I have to move back to the U.S. before beginning the process? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Can I use my wife’s approved I-140 to extend my H1B status beyond six years? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

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 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 true I can get a green card more quickly if I am sponsored by a nonprofit organization, instead of a for-profit company? appeared first on Murthy Law Firm | U.S Immigration Law.

This 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., Chart A), unless otherwise specified.

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

The cutoff date for EB1 India advances to 15.Feb.2022. EB1 China’s cutoff date remains fixed at 08.Nov.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 01.Jan.2013. China’s EB2 cutoff date advances to 01.Oct.2020. The EB2 cutoff date for all other countries is set at 22.Jun.2023.

Employment-Based, Third Preference (EB3) Category

EB3 India’s cutoff date progresses to 01.Apr.2013. For China, the EB3 cutoff date advances to 01.Nov.2020. The EB3 cutoff dates for all other countries of chargeability moves forward to 01.Jan.2023.

EB3 Other Workers

In the EB3 other workers category, India’s cutoff date matches its EB3 counterpart at 01.Apr.2013. For China, the cutoff date moves up to 01.Apr.2017. The EB3 other workers cutoff date for the Philippines shifts forward to 15.Jan.2021. The EB3 other workers cutoff date for all other countries of chargeability advances to 22.May.2021.

Employment-Based, Fourth Preference (EB4) Category

The EB4 category is set to “unavailable” for all countries of chargeability. All immigrant visas in this category for the current fiscal year have been used. Accordingly, it presumably will remain unavailable until the new fiscal year starts on 01.Oct.2025.

Employment-Based, Fifth Preference (EB5) Category

In the EB5 category, India’s unreserved (i.e., EB5 immigrant visa numbers not set aside for rural, high unemployment, and infrastructure projects) cutoff date retrogresses to 01.Nov.2019.

China’s unreserved cutoff date retrogresses to 22.Jan.2014. 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 receive weekly updates in your inbox.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

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

CBP launched a new mobile app with various features, including border wait time status, provisional pre-entry I-94 applications, and an “Intent to Depart” notification feature for certain unlawfully present individuals choosing to depart the U.S. voluntarily.

The post New CBP Home App Released appeared first on Murthy Law Firm | U.S Immigration Law.

On 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 same waiver. For the benefit of MurthyDotCom readers, we are providing an explanation of the new policy and its implications.

Overview of Nonimmigrant Visa Waivers

Foreign nationals may be deemed ineligible for admission (i.e. inadmissible) to the United States for a variety of reasons, such as medical grounds, criminal grounds, or immigration violations (including fraud or material misrepresentation in connection with an immigration benefit). In most situations, a finding of inadmissibility means that a person cannot enter the U.S. unless that individual obtains a NIV waiver. More details on when a nonimmigrant waiver is needed, and the general process of applying, are available in the MurthyDotCom InfoArticle, Nonimmigrant Visa Waivers – Process and Criteria (05.Jun.2022).

Nonimmigrant Waiver Requests Require New and Independent Consideration

The prior DOS guidance instructed a consular officer to be consistent in NIV waiver recommendations and grant a waiver request if another consular officer previously did so for an individual, unless there was new derogatory information or certain material changes to an individual’s circumstances. The new guidance, however, instructs a consular officer to review each waiver application anew and independently before recommending that a waiver be approved, and an officer cannot give undue deference or rely solely on a previous officer’s decision to recommend a waiver for approval.

Conclusion

The new DOS guidance will create additional uncertainty regarding the adjudication of NIV waivers. Considering the number of factors an officer may take into consideration when reviewing an NIV waiver, it is important to prepare a strong waiver application prior to arriving at the consular post. Visa applicants who require assistance with this process are encouraged to schedule a consultation with a Murthy Law Firm attorney.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post DOS Eliminates Deference Policy on Nonimmigrant Visa Waivers appeared first on Murthy Law Firm | U.S Immigration Law.

USCIS granted grace periods for the implementation of recently updated forms I-485, I-131, & N-400, among others. Each form has its own grace period, so as always, confirm which form to use before filing!

The post USCIS Provides Grace Period for Updated Forms appeared first on Murthy Law Firm | U.S Immigration Law.

The Trump administration is planning to impose a travel ban for foreign nationals from Pakistan and Afghanistan, according to an unconfirmed report by Reuters. According to Reuters, the ban could be implemented as soon as next week. Moreover, it is possible that, in addition to Pakistan and Afghanistan, other countries may be included in the travel ban.

At this point, there are few details, and no confirmation that the ban will be implemented. As soon as any specifics are provided, or if we receive official confirmation of the coming travel ban, we will post the details on MurthyDotCom.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Trump Rumored to Be Planning Travel Ban for People from Pakistan and Afghanistan appeared first on Murthy Law Firm | U.S Immigration Law.

As the H1B cap registration season approaches, it is essential for employers to ensure that all information submitted in the electronic registration is accurate. With the transition to a beneficiary-centric registration system last year, even minor errors can have significant consequences. While the U.S. Citizenship and Immigration Services (USCIS) has indicated typographical errors may not automatically lead to a rejection or denial of the H1B petition (if selected), the burden remains on the employer to demonstrate that the information in the registration and H1B petition is correct and “is based on a valid registration submitted for the beneficiary named in the petition.” Given the heightened scrutiny in the current immigration climate, avoiding mistakes in the initial registration is more important than ever.

Ensuring Accuracy in H1B Registrations

Employers and their representatives, if applicable, should take special care when entering beneficiary-specific details, such as the beneficiary’s name, date of birth, passport number, and other identifying information. Under the registration system, the USCIS uses passport or travel document information, along with other biographical information, as key identifiers to ensure that each beneficiary is registered only once in the lottery. According to the USCIS, requiring a valid passport or travel document, combined with the other biographical information, “will allow USCIS to identify unique individuals more reliably, increasing the likelihood that each individual would have the same opportunity to be selected.”

If the information entered in the registration does not exactly match the details in the H1B petition, the petitioning employer must provide sufficient documentation to establish that the selected registration corresponds to the beneficiary. This is particularly important for typographical errors in critical fields related to the beneficiary, such as name and passport number.

Avoiding Duplicate Registrations Due to Inconsistencies

One of the primary objectives of the beneficiary-centric registration system is to prevent individuals from getting multiple opportunities to be selected in the lottery, thereby ensuring a fairer selection process. If, however, an employer submits a registration with a typographical error in the beneficiary’s passport number, and another employer submits a registration with the correct passport number, the USCIS may treat these as two distinct registrations. This could inadvertently result in the beneficiary having multiple entries in the lottery. If discovered, this could lead to severe consequences, including the rejection or denial of both H1B petitions.

Heightened Scrutiny Under the Current Administration

With the return of the Trump administration, we anticipate heightened scrutiny in H1B adjudications, including a stricter approach to errors and inconsistencies in H1B registrations. Given the administration’s prior immigration policies, we expect the USCIS to take a less forgiving stance on registration mistakes, which could result in unnecessary denials or requests for evidence (RFEs). To minimize risk, employers should conduct a thorough review of all registration entries before submission and, if selected, ensure that any necessary clarifications are proactively addressed in the H1B petition.

Conclusion

Accurate data entry is more critical than ever in the H1B registration process. Given the USCIS policy emphasizing the importance of beneficiary-specific information, employers must ensure that all details are entered correctly at the time of registration. Even small errors could lead to significant complications, including duplicate registrations, RFEs, or potential rejections or denials. Employers should work closely with experienced immigration counsel to review registrations before submission and address any discrepancies proactively in the H1B petition. By taking these precautions, employers can help safeguard their H1B cases and improve their chances of a smooth approval process.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Avoiding Critical Errors in H1B Registration appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

No, submitting an H1B cap registration earlier in the registration period does not improve the chances of selection. The lottery is conducted after the registration period closes, and all properly submitted registrations received between noon Eastern on March 7 and noon Eastern on March 24 have an equal chance of being selected. There is no advantage to submitting early, but we recommend not waiting until the last minute to avoid any potential technical issues. (05.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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Does submitting an H1B cap registration earlier in the registration period increase the chances of selection? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

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.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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post My employer is filing an EB2 case for me, and I will need to use work experience to qualify. I understand I can only use experience I have gained with the employer filing my PERM case if certain conditions are met. Is experience I gained with my employer’s affiliate subject to the same restrictions? appeared first on Murthy Law Firm | U.S Immigration Law.