US Immigration News

The U.S. Department of State (DOS) has released the November 2025 Visa Bulletin. There is a bit of forward movement since the previous month’s bulletin. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified.

Visa Bulletin SummaryEmployment-Based, First Preference (EB1) Category

In the EB1 category, China’s cutoff date advances to 22.Jan.2023. The EB1 cutoff date for India moves to 15.Mar.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 pushes forward to 15.May.2013. EB2 China has a cutoff date of 01.Jun.2021. The EB2 cutoff date for all other countries moves up to 01.Feb.2024.

Employment-Based, Third Preference (EB3) Category

EB3 India’s cutoff date progresses to 22.Sep.2013. China’s EB3 cutoff date is 01.Apr.2021. The EB3 cutoff date for all other countries of chargeability is set at 15.Apr.2023.

EB3 Other Workers

In the EB3 Other Workers category, India’s cutoff date aligns with the standard EB3 cutoff of 22.Sep.2013. For China, the cutoff date is 08.Dec.2017. The EB3 other workers category carries a cutoff date of 01.Aug.2021 for all other countries of chargeability.

Employment-Based, Fourth Preference (EB4) Category

In the EB4 category, the cutoff date moves to 01.Sep.2020. This cutoff date also applies to the EB4 program for certain religious workers, which has been renewed through January 29, 2026.

Employment-Based, Fifth Preference (EB5) Category

The EB5 unreserved category for India advances to 01.Jul.2021. Meanwhile, China’s unreserved cutoff date moves to 15.Jul.2016. The EB5 category remains current for all other chargeability areas and for the three EB5 set-aside categories (rural, high unemployment, and infrastructure) across all countries.

Conclusion

We will continue to monitor and report on movement and predictions related to the monthly visa bulletin. Subscribe to the free MurthyBulletin to receive weekly updates.

 

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On November 5, 2025, the U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) announced filing accommodations for employers affected by the suspension of OFLC operations during the government shutdown of 2025. The OFLC ceased operations on 01.Oct.2025, and OFLC staff who officially were called back to work on 03.Nov.2025, resulting in a 33-day closure period that impacted numerous foreign labor certification applications and deadlines. This summary of the key accommodations, including certain tips from the American Immigration Lawyers Association (AILA), is prepared for the benefit of MurthyDotCom readers.

Applications Received During the Shutdown Period

The OFLC will manually enter all applications and correspondence received by regular mail, email, or commercial delivery service between 01.Oct and 02.Nov.2025, into the Foreign Labor Application Gateway (FLAG) system. The manual entry process is expected to take several months to complete. Importantly, when the process is finished, the FLAG system will reflect the original date of receipt rather than the date of entry into the system. Employers should not file duplicate applications or correspondence in FLAG, as filing a duplicate application could result in denial.

PERM Recruitment Expiration Extensions

Employers whose PERM recruitment expired between 01.Oct and 02.Nov.2025, will receive an automatic 33-day extension of the recruitment expiration date. This extension corresponds to the number of days OFLC operations were suspended. For instance, if PERM recruitment expired on 15.Oct.2025, the expiration date is automatically extended to 17.Nov.2025. It is advisable for employers to note this automatic extension in a free text field on the ETA form 9089, referencing the 05.Nov OFLC filing accommodations announcement.

Automatic Extension of Response and Appeal Deadlines

All deadlines for filing responses to requests for information (RFI), notices of acceptance (NOA), notices of deficiency (NOD), audit notices, requests for reconsideration (RFR), or appeals are automatically extended by 33 days. For example, an employer filing an RFR for a PERM application denied on 15.Sep normally would have until 15.Oct to submit the request. With the accommodation, the deadline is automatically extended to 17.Nov. Employers requiring additional time beyond the 33-day extension may request further extensions through FLAG (if available) or by emailing the appropriate OFLC HelpDesk. If the FLAG system prevents the submission of a late filing, employers will need to submit responses via email or regular mail.

Emergency Filing Procedures for H2A, H2B, and CW1 Applications

Employers unable to file H2A, H2B, and CW1 applications between 01.Oct and 31.Oct.2025 should submit emergency filing requests following the procedures outlined in the applicable regulations which permit employers to request a waiver of the regulatory time period for filing an application.

Conclusion

The OFLC filing accommodations provide important relief for employers and foreign workers impacted by the government shutdown. Unfortunately, the manual processing of applications received during the shutdown period likely will create delays for various immigration processes. For now, employers should carefully track their deadlines and note any automatic extensions. The Murthy Law Firm is available to consult with those seeking guidance on how the shutdown and these accommodations may affect their individual circumstances.

 

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The post OFLC Filing Accommodations Following Government Shutdown appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

If you solely wish to verify whether a PERM has been filed, it may be possible to obtain this information by filing a Freedom of Information Act (FOIA) request with the U.S. Department of Labor. (11.Nov.2025)

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Answer

It is possible to make an EB5 investment in a consulting firm, but it can present a number of challenges.

One potential issue, in particular, is if you wish to have the business located in a high unemployment or rural targeted employment area (TEA). To meet this requirement, not only must the business be located in the TEA, but it also must create at least 10 new jobs within the TEA. Many consulting firms, however, have employees scattered throughout the country.

If the company will not create sufficient jobs within the TEA, it can still qualify under the “unreserved” EB5 category, but this would require an investment of at least $1,000,500; and, if your country of birth is China or India, there are backlogs in the EB5 unreserved category. (11.Nov.2025)

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The post Can I invest in a new consulting firm and use that investment to apply for EB5? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

If an H1B worker changes to some other status, such as B-1, and then has an H1B change of status filed on their behalf, it appears the $100,000 fee would not apply (assuming the status request is granted). (11.Nov.2025)

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The post I am on H1B and my employer recently announced a round of layoffs. If I am laid off and apply for a change of status to B-1, can I later move back to H1B without having to pay the $100,000 fee? appeared first on Murthy Law Firm | U.S Immigration Law.

Murthy Law Firm Managing Attorney Adam Rosen shared his insights on the $100K H1B fee with The Economic Times, India.

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The Trump Administration has directed the U.S. Department of State to issue new guidance directing consular officers to consider a significantly expanded range of health conditions when evaluating visa applications, including common chronic conditions such as diabetes, cardiovascular disease, obesity, and mental health conditions. Although the cable has not yet been released to the public, it has been inspected by KFF Health News. The guidance instructs officers to assess whether applicants could become a public charge based on their health status and potential future medical costs.

Expanded List of Medical Conditions

The State Department cable directs visa officers to consider numerous medical conditions that could require expensive long-term care when making visa eligibility determinations. Conditions specifically mentioned in the guidance include cardiovascular diseases, respiratory diseases, cancers, diabetes, metabolic diseases, neurological diseases, and mental health conditions. The cable even urges officers to consider conditions such as obesity, noting that it can cause medical problems such as sleep apnea and high blood pressure.

Financial Capacity Assessment

Under the new guidance, visa officers must determine whether applicants have adequate financial resources to cover potential medical costs throughout their expected lifespan without seeking public assistance or long-term institutionalization at government expense. The directive also requires consideration of family members’ health conditions, including whether dependents have disabilities, chronic medical conditions, or special needs that could prevent the primary applicant from maintaining employment.

Departure from Existing Medical Screening

While medical examinations have always been part of the visa application process, the focus traditionally has been on communicable diseases like tuberculosis and ensuring applicants have required vaccinations. The new guidance significantly expands this framework by emphasizing chronic health conditions and directing consular officers to make projections about future medical costs and needs.

Conclusion

The State Department’s expanded health-based screening represents a significant shift in visa adjudication policy, moving beyond traditional concerns about communicable diseases to encompass a wide range of chronic conditions and prospective assessments of future healthcare costs. Visa applicants with common health conditions may face increased scrutiny and potential denials based on consular officers’ assessments of whether they could become a public charge due to medical expenses.

 

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The Validation Instrument for Business Enterprises (VIBE) program is a tool used by the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (DOL) to validate basic information about a company or organization wishing to employ a foreign national in the United States. For the benefit of MurthyDotCom readers, we provide this overview of the VIBE program and its potential practical implications on the immigration process.

Purpose of the VIBE Program

The VIBE program is used by the USCIS in adjudicating employment-based petitions and applications to confirm a petitioner’s or applicant’s eligibility for the particular benefit request, and to identify fraudulent companies and filings. The DOL also uses VIBE for this purpose, and to check a company’s compliance record with requirements for various programs and to take enforcement action when needed. The VIBE program uses data from a variety of internal and external sources, including the USCIS Fraud Detection and National Security Directorate (FDNS), E-Verify, DOL data, and the commercial business analytics company Dun & Bradstreet (D&B).

Applications Subject to VIBE Verification

The USCIS specifically uses VIBE when adjudicating Form I-129, Petition for a Nonimmigrant Worker; Form I-140, Immigration Petition for Alien Worker; Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant; and Form I-485 Supplement J, Confirmation of Bona Fide Job Offer or Request for Job Portability Under INA Section 204(j). The DOL uses VIBE when adjudicating forms such as the H1B Labor Condition Application and Form ETA-9089 for the PERM labor certification, among others.

VIBE Confirmation Requests

VIBE collects publicly available business operation data for companies including, but not limited to, the type of business (i.e., the North American Industry Classification System (NAICS) code), financial standing, number of employees, relationships with other U.S. or foreign entities, type of legal entity, date of establishment, and current physical address. When there is a discrepancy between the VIBE data and what is listed on an application or petition, the USCIS can issue a Request for Evidence (RFE) to verify the correct company information. The DOL similarly can issue a Request for Information (RFI) when adjudicating a PERM labor certification.

Employers Can Be Proactive

The VIBE program pulls most of its data from Dun & Bradstreet. Therefore, to help avoid an RFE or RFI for VIBE verification and potential resulting adjudication delays, an employer can regularly confirm that the company’s Dun & Bradstreet profile is up to date and make any updates necessary.

Conclusion

By understanding how the USCIS VIBE program operates and how to proactively maintain accurate business records, employers can help reduce the risk of delays during the immigration process. Companies and organizations seeking specific guidance are encouraged to schedule a consultation with a Murthy Law Firm attorney.

 

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The post Overview of the USCIS VIBE Program appeared first on Murthy Law Firm | U.S Immigration Law.

The H1B $100K Fee Proclamation and constitutional challenges to its implementation are explored more deeply by Murthy Law Firm attorneys in this 05.Nov.2025 podcast.

The MP3 is available here and soon can be found in the archive of our podcasts and teleconferences on iTunes. Find more topics under the MurthyAudio tab on our homepage.

 

 

         

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Answer

There is no need to add one’s wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the spouse is listed in the I-140. (04.Nov.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.

 

 

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The post After my I-140 was approved, I got married. Can I add my new wife to the I-140? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

The legacy Immigration and Naturalization Service (INS) previously indicated that an H1B worker is entitled to the same leave as the company’s other employees, including benefits under the FMLA and/or the employer’s maternity or parental leave policies. (04.Nov.2025)

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The post I am currently in H1B status. I had a complicated pregnancy and ended up having to take more than six months of voluntary leave. Will this be viewed as a violation of status? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

If the L1A petition is being filed for consular processing, there typically would be no need to file anything for one’s dependents at the moment. If the petition is approved, the principal spouse and the dependents will need to complete a DS-160 and apply for L-1/L-2 visa “stamps” at a U.S. consular post. (04.Nov.2025)

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The post I am currently in India and my employer is filing an L1A petition for me. Do I need to file anything for my wife and child? appeared first on Murthy Law Firm | U.S Immigration Law.

DHS is proposing rule to expand biometrics collection that would require biometrics from anyone regardless of age, expand DNA collection, use, & storage, allow collection upon arrest, and modify how VAWA and T visa applicants demonstrate good moral character. Public comments can be submitted once the rule is published in the Federal Register.

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USCIS is issuing RFEs for the new $100K H1B fee – sometimes in error. Employers may not always be subject to the fee when USCIS says so. Don’t panic, plan. Talk to your attorney about your options on how to respond to the RFE.

The post $100K H1B Fee RFEs appeared first on Murthy Law Firm | U.S Immigration Law.

Have a valid Advance Parole? USCIS may send you an Immigration Parole Fee Notice. REMEMBER if you are an applicant for adjustment of status & returning to the U.S. after temporary trip abroad, the fee does not apply.

The post Parole Fee Notices appeared first on Murthy Law Firm | U.S Immigration Law.

The U.S. Department of Labor (DOL) announced that the Office of Foreign Labor Certification (OFLC) has resumed processing employer applications for prevailing wage determinations and labor certifications, ending a suspension of operations that had stalled many employment-based immigration cases throughout the ongoing government shutdown. The resumption of services allows employers to move forward with both permanent labor certifications for green card sponsorship and labor condition applications (LCAs) and temporary labor certifications for H1B, H2B, and other temporary worker programs.

FLAG System Restored to Full Operation

The Foreign Labor Application Gateway (FLAG) system, which employers and their representatives use to file applications and communicate with the DOL, is now fully accessible. System users can prepare and submit new applications for prevailing wage determinations and labor certifications, as well as submit and receive information related to pending applications awaiting final determination.

This restoration of access means that employers can resume filing new PERM labor certification applications for permanent employment, which are required before most employment-based green card petitions can be submitted to U.S. Citizenship and Immigration Services. Employers can also file LCAs necessary for H1B, H1B1, and E-3 visa petitions.

H2A and H2B Job Registry Operational

The Department of Labor also confirmed that its SeasonalJobs.dol.gov system has been restored to full operational status. This online job registry is used for posting H2A agricultural worker and H2B temporary non-agricultural worker job opportunities as part of the labor certification process for those visa categories.

Impact on Pending and New Applications

The resumption of operations affects both pending applications that were in process when operations were suspended and new applications that employers have been waiting to file. For pending PERM applications, the Department of Labor will continue processing cases through to final determination. For LCAs and other temporary labor certifications, employers can now obtain the necessary approvals to proceed with visa petitions.

However, the DOL cautioned that the transition back to full operational status may result in longer than normal processing and response times. The backlog created by the suspension of operations, combined with anticipated increased requests for assistance from employers and their representatives, will likely extend timeframes for receiving determinations.

Conclusion

Employers who had been waiting to file PERM applications or LCAs should prepare to submit their cases promptly now that the FLAG system is accessible. Given the anticipated longer processing times as the DOL returns to full capacity, early filing will be important for time-sensitive cases.

Employers should also be prepared for potential delays in receiving responses to inquiries and requests for assistance as the DOL manages the increased volume of stakeholder communications during the transition period.

 

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The U.S. Citizenship and Immigration Services (USCIS) will publish an interim final rule on October 30, 2025, eliminating the practice of automatically extending employment authorization documents (EADs) for foreign nationals who file timely renewal applications. The rule takes effect immediately upon publication and applies to all renewal applications filed on or after 30.Oct.2025, marking a significant change that will affect hundreds of thousands of workers across multiple immigration categories.

Immediate Effective Date with No Retroactive Application

The interim final rule becomes effective 30.Oct.2025. Importantly, the rule does not apply retroactively. Foreign nationals who filed qualifying renewal EAD applications before 30.Oct.2025 will continue to receive the automatic extension of up to 540 days under the previous regulations. Only renewal applications filed on or after the effective date will be subject to the new policy eliminating automatic extensions.

Categories Affected by the Rule

The elimination of automatic extensions affects foreign nationals in numerous employment authorization categories who previously could rely on their expired EADs remaining valid for up to 540 days while renewal applications were pending. These categories include:

• Refugees and Asylum-Related Categories
• I-485 Adjustment of Status Applicants
• Temporary Protected Status (TPS): Individuals with Temporary Protected Status who file for EAD renewals will no longer receive automatic extensions, though the rule does not affect automatic extensions specifically provided for in Federal Register notices related to TPS designations
• Dependent Spouses: Spouses of certain nonimmigrant workers, including H-4 spouses of H1B workers, will no longer receive automatic extensions when renewing their EADs
• VAWA Self-Petitioners
• Other Categories: The rule also affects individuals with applications for cancellation of removal, suspension of deportation, withholding of removal, certain family unity beneficiaries, and various other discretionary employment authorization categories

Impact on Employers and Form I-9 Requirements

Employers must continue to comply with form I-9 employment eligibility verification requirements. Under the new rule, employers can no longer rely on receipt notices as evidence of automatically extended work authorization for renewal applications filed on or after 30.Oct.2025.

For employees whose EADs expire and whose renewal applications were filed on or after the effective date, employers must obtain new, unexpired documentation showing continued work authorization. Failure to properly verify and reverify work authorization can subject employers to civil penalties.

What Foreign Nationals Should Do

Foreign nationals who currently hold EADs should file renewal applications as early as possible to minimize the risk of gaps in work authorization. USCIS generally recommends filing renewal applications up to 180 days before the current EAD expires.

The longer a foreign national waits to file a renewal application, the greater the likelihood of experiencing a gap in valid work authorization. Proper planning and monitoring of application processing times can help mitigate this risk, though there is no guarantee that the USCIS will approve renewal applications before current EADs expire.

If an EAD expires while a renewal application remains pending and the application was filed on or after 30.Oct.2025, the foreign national must stop working until the USCIS approves the renewal application and issues a new EAD. Employment can resume once the new EAD is received with a valid expiration date.

Public Comment Period

Although the rule takes effect immediately, the USCIS is accepting public comments for 30 days following publication. Comments must be submitted through the federal eRulemaking portal.

Conclusion

The elimination of automatic extensions for EADs represents a fundamental shift in policy that will require foreign nationals and their employers to plan more carefully around EAD renewals. With no automatic extension available for applications filed on or after 30.Oct.2025, maintaining continuous work authorization will depend on timely filing and on USCIS processing times.

 

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The post USCIS Eliminates Automatic Extension of Employment Authorization Documents appeared first on Murthy Law Firm | U.S Immigration Law.

DHS ending EAD auto-extensions for most renewal applications received on & after 30.Oct.2025, with limited exceptions (e.g., TPS). Timely file your renewals (up to 180 days early) to avoid work authorization gaps. Read more.

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Answer

Yes, the H1B position still has to be a specialty occupation, even if you will be employed by your own company. You can spend some of the time performing duties directly related to owning and directing the business, but you still must perform specialty occupation duties authorized under the petition a majority of the time. (28.Oct.2025)

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Answer

Once the primary L-1 visa holder becomes a permanent resident, they are no longer in L-1 status, and their family members are no longer eligible for L-2 status. The family would need to enter the U.S. prior to the principal L-1 visa holder becoming a permanent resident; or the family member would need to apply for permanent residency through a U.S. consular post. (28.Oct.2025)

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The post I am in the U.S. on L-1 status, but my family is still abroad. If I obtain my green card, can my family come to the U.S. afterwards on L-2 status and apply for their green cards? appeared first on Murthy Law Firm | U.S Immigration Law.