US Immigration News

DOS COVID-19 policy authorizing in-person visa interview waivers for renewals for visa that expired within 48 months of interview (original rule was 12 months) will end after 31.Dec.2023! See more.

The post Dropbox Interview Alert: Some Interview Waivers ending Soon! appeared first on Murthy Law Firm | U.S Immigration Law.

Did you know? Even if your child under 18 were to fall out of status, their departure from the U.S. would still not make them subject to a bar on return, since minors cannot be unlawfully present.

The post Minor Children Cannot Be Barred from US Based on No Status appeared first on Murthy Law Firm | U.S Immigration Law.

Most petitions filed for an alien relative (form I-130) require the petitioner to also serve as a financial sponsor for the intending immigrant. Among the requirements to qualify as a sponsor, the individual must be domiciled in the United States or a U.S. territory. While demonstrating a U.S. domicile may be simple for a petitioner who permanently resides in the U.S., a petitioner living abroad will likely need to take extra steps to satisfy this requirement.

U.S. Domicile Requirement

Having a U.S. domicile means that the United States is an individual’s principal place of residence and is where the individual intends to remain for the foreseeable future. The possession of U.S. citizenship or lawful permanent resident status (commonly referred to as “green card”) alone does not independently satisfy the requirement of U.S. domicile. Additionally, although a joint sponsor can sometimes be used to relieve a primary sponsor’s financial responsibility, as explained in the MurthyDotCom NewsBrief 2023 Poverty Guideline: Impacts on Affidavits of Support (08.Feb.2023), a joint sponsor does not relieve a primary sponsor’s U.S. domicile requirement.

Maintaining U.S. Domicile When Temporarily Living Abroad

In certain cases, a U.S. citizen or lawful permanent resident (LPR) can maintain a U.S. domicile while physically living abroad. For a U.S. citizen, U.S. domicile can be maintained if the individual is temporarily living abroad and engaged in certain qualifying employment, such as working for the U.S. government, a research institution recognized by the U.S. Department of Homeland Security (DHS), a U.S. company engaged in developing foreign trade with the U.S., certain public international organizations, and in certain religious occupations, including as a minister, priest, or missionary. An LPR temporarily living abroad can also maintain a U.S. domicile if the individual has an approved N-470 application to preserve residence for naturalization purposes.

Establishing U.S. Domicile After a Prolonged Residence Abroad

If a U.S. citizen or LPR living abroad no longer has a U.S. domicile, the individual may still file an immigrant petition on behalf of a family member, but the individual will ultimately need to establish a U.S. domicile to qualify as a sponsor. In such a case, the petitioner can sign and submit a form I-864, affidavit of support under section 213A of the Immigration and Nationality Act (INA), for the beneficiary, and demonstrate that the petitioner will establish a U.S. domicile before or on the date of the beneficiary’s adjustment of status or admission to the U.S. as an LPR.

If a sponsor arrives in the U.S. together with a beneficiary with intent to establish a U.S. domicile upon arrival, the sponsor can be deemed to have satisfied the U.S. domicile requirement at that time. In practice however, a sponsor living abroad will often need to demonstrate the establishment of or intent to establish a U.S. domicile prior to arriving in the U.S. together with a beneficiary – or prior to the beneficiary’s adjustment of status, if applicable – to qualify as a sponsor. Per the U.S. Department of State Foreign Affairs Manual, evidence of having or intending to establish a U.S. domicile includes, but is not limited to, a U.S. bank account, transferring funds to or making investments in the U.S., seeking, or having U.S. employment, registering children in U.S. schools, applying for a social security number, or voting in U.S. elections.

Conclusion

Having a U.S. domicile is an often-overlooked requirement for qualifying as a sponsor, but it is nonetheless, essential. While many petitioners can easily demonstrate a U.S. domicile, the matter is not always straightforward, particularly when the petitioner is living abroad. An individual who is facing uncertainties and has questions about this important aspect of qualifying as a sponsor should seek case-specific legal advice.

 

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When changing status to F-1 student, you are allowed to have up to 30 days of status gap between current status and the I-20 program start date; however, you must still file for F-1 COS while in valid status.

The post F-1 COS Reminder appeared first on Murthy Law Firm | U.S Immigration Law.

The USCIS myProgress personalized processing time estimation tool is now available for certain I-485 applications and form I-821 Temporary Protected Status applications through your USCIS online account. See more.

The post USCIS Expands myProgress appeared first on Murthy Law Firm | U.S Immigration Law.

When conditions in a foreign country temporarily prevent the country’s nationals from returning home safely, the United States may designate that country for temporary protected status (TPS). TPS allows a national of a designated country who is present in the U.S. to remain in the U.S. for a temporary, specified period. The types of conditions that can give rise to a TPS designation include the following: armed conflicts, environmental disasters, epidemics, earthquakes, and other extraordinary, temporary conditions.

Eligibility for Temporary Protected Status

Each TPS-designated country has a specific application window to apply for an initial grant of TPS. In general, to be eligible for TPS an individual must be a national of a TPS-designated country, apply for, and if applicable, re-register for TPS during the country’s specific registration window, have been continuously physically present in the U.S. since the country’s most recent designation date, and have continuously resided in the U.S. since the date specified for the country. An exception can be made for both the continuous physical presence and residence requirement under certain circumstances for brief or casual trips outside of the U.S. An individual may be ineligible for TPS due to prior criminal matters, certain security-related grounds of inadmissibility, or if the individual is subject to a mandatory bar to asylum, in addition to failing to meet the basic eligibility requirements or having firmly established residency in a third country.

Maintaining Temporary Protected Status Eligibility

Each grant of TPS designation for a particular country is of limited duration. Therefore, to maintain TPS benefits, an individual must re-register for TPS during each TPS re-registration period for the individual’s country. Country specific registration dates are listed on the U.S. Citizenship and Immigration Services (USCIS) website.

Benefits of Temporary Protected Status

An individual granted TPS is generally not subject to removal (i.e., deportation) from the U.S. and is eligible to apply for work and travel authorization. Moreover, TPS designation alone does not prevent an individual from applying for or changing nonimmigrant status, filing for adjustment of status, or applying for any other immigration benefit. Additionally, an individual may hold both TPS designation and a nonimmigrant status at the same time.

Temporary Protected Status and Adjustment of Status

Eligibility for adjustment of status requires that an individual was inspected and lawfully admitted or paroled into to the U.S. and in most cases, (except for an immediate relative of a U.S. citizen), that the applicant is either in valid nonimmigrant status or has been paroled into the U.S. USCIS guidance dictates that if a TPS holder departs and returns to the U.S. on or after July 1, 2022, using a TPS travel authorization form I-512T, the individual is considered inspected and admitted for the purposes of adjustment of status, even if the individual initially entered the U.S. without inspection prior to being granted TPS.

If a TPS holder entered the U.S. with a TPS travel authorization between August 20, 2020 and June 30, 2022, the USCIS may, at its discretion, retroactively apply the current policy. A TPS holder who entered the U.S. prior to August 20, 2020 with a TPS travel document is generally deemed inspected and admitted for adjustment of status eligibility.

Conclusion

The U.S. has a proud tradition of offering humanitarian relief to foreign nationals during emergency situations. The ability for a foreign national impacted by an emergency at home to live, work, and travel to and from the U.S. during trying times should offer at least a modicum of relief and protection to those who are unable to return home.

 

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The post Overview of Temporary Protected Status appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Ordinarily, it is permissible to stay in the U.S. based upon a pending application to change to H-4 status, assuming the person was in valid status at the time of filing. There would typically be no requirement that the person remain enrolled in school while waiting for the H-4 to be approved. (22.Nov.2023)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

 

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The post I was attending school in F-1 status, and then applied for a change of status to H-4. Do I have to remain enrolled in school until the change of status is approved? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

If there has been a material change to the nature of the position, that typically would require filing a new labor certification and I-140 petition for that new position. Fortunately, however, if you have an approved I-140, you should be able to retain the priority date. (22.Nov.2023)

Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.

 

 

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The post A few years ago, my I-140 was approved in the EB2 category as a Software Engineer. I have now been promoted to a managerial position within the same company. Does my employer need to redo the entire PERM process now? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

The processing time can vary, but assuming the priority date remains current, it typically takes about 6-to-8 months to get an appointment. (22.Nov.2023)

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The post My father is a naturalized citizen, and he sponsored me for a green card many years ago. The priority date is finally current, and I received a notice from the National Visa Center saying that they have all the documents and fees needed, and that they are working with my local embassy in Mumbai to schedule my interview. Any idea how long it will take to get the appointment? appeared first on Murthy Law Firm | U.S Immigration Law.

USCIS and DOL add 64,716 more H2B temporary nonagricultural worker visas above the 66K cap for FY2024, helping seasonal industries like hospitality and tourism, landscaping, and seafood processing meet consumer demand. Read more.

The post Additional H2B Visas Available appeared first on Murthy Law Firm | U.S Immigration Law.

On November 8, 2023, the U.S. Citizenship & Immigration Services (USCIS) announced that effective immediately, updates are being implemented to the guidance in the USCIS Policy Manual for adjudicating special immigrant juvenile (SIJ) petitions.

Background

The SIJ classification is designed for noncitizens in the United States who require the protection of a juvenile court due to experiencing abuse, abandonment, or neglect by a parent. Individuals seeking SIJ classification can submit a petition for Amerasian, widow(er), or special immigrant (form I-360). Those with SIJ classification may be eligible for lawful permanent resident status, commonly referred to as obtaining a green card.

180-Day Adjudication Timeframe

In passing the law creating the SIJ classification, Congress required that these cases be adjudicated within 180 days from the date of filing. In March 2022, however, the USCIS published a final rule concerning SIJ cases involving a request for evidence (RFE). Specifically, the rule stipulated that the 180-day adjudication timeframe resets when the USCIS issues an RFE on an SIJ case. And, the 180-day timeframe does not begin again until the applicant then responds to the RFE.

Court Strikes Down Final Rule, Leading to Policy Update

Based on a legal challenge against the final rule, a federal district court issued a declaratory judgment in July 2023, stating that the 180-day adjudicatory timeframe is not reset when the USCIS issues an RFE. In response to this declaratory judgment, the USCIS has now updated its Policy Manual to align with the ruling. This update explains that the guidance within the Policy Manual takes precedence over any preceding related guidance.

Conclusion

The SIJ program is intended to protect some of the most vulnerable young members of the population. What makes America great is our protecting juveniles and affording them opportunities in this country, a nation of immigrants. The Murthy Law Firm will continue to share helpful information on this topic to afford opportunities for juveniles who will be able to benefit from this updated USCIS guidance.

 

 

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The post USCIS Provides Updates for Special Immigrant Juvenile Petitions appeared first on Murthy Law Firm | U.S Immigration Law.

Do you have a family member, such as an elderly parent, who doesn’t qualify for H-4, F-2, or L-2 derivative status? The B-2 Visa for Household Members can help them live with you in the U.S. for an extended period. We can help keep your family together! Contact us!

The post Household Member B-2 appeared first on Murthy Law Firm | U.S Immigration Law.

You can check the status of a PERM Labor Certification case with the DOL online just by using your case number with this tool.

The post PERM Case Status Tool appeared first on Murthy Law Firm | U.S Immigration Law.

Are you being delayed or facing trouble entering the U.S.? Have you thought a past immigration problem resolved? Placing a DHS TRIP request may help you avoid future problems.

The post TRIP Request for your Trip appeared first on Murthy Law Firm | U.S Immigration Law.

Murthy Law Firm is now accepting FY2025 H1B registration cases. Don’t delay! Take full advantage of our expertise while we have availability to ensure your case is properly registered. Contact us!

The post FY2025 H1B Registration Reminder appeared first on Murthy Law Firm | U.S Immigration Law.

As reported by multiple news outlets, Congress has passed a stop-gap budget funding the government through 2.Feb.2023, which President Biden is expected to sign, avoiding significant interruption to various immigration processes!

The post Government Shutdown Averted, for Now! appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Generally speaking, as long as the B-1/B-2 visa remains valid, it may be used to request admission for any valid B-1 or B-2 purpose. This applies even if the reason for admission is unrelated to the reason the visa was initially requested. And, in general, attending a wedding would be considered a valid activity while in B-2 status. (15.Nov.2023)

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The post I was issued a B-1/B-2 visa several years ago, when I needed to come for a business trip. The visa was issued for 10 years. I now wish to come to the U.S. to attend a wedding. Can I use the same visa, or do I need to reapply? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Normally, applying for a visa foil (or “stamp”) at a different consulate than the one listed on the I-129 is not much of an issue. It may result in a small delay, but such delays typically are resolved in under 2 weeks. (15.Nov.2023)

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The post When my H1B petition was filed, my employer listed on the I-129 that the consulate in Chennai should be notified. I actually want to apply for my visa stamp in Hyderabad, though. Will that be a problem? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

In most situations, once a person has been granted H1B status, that individual is considered to have been “counted against” the H1B cap. This typically means that an H1B may be filed for the person without having to go through the lottery again. (15.Nov.2023)

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The post Last year, I was laid off from my H1B position and I moved to H-4 status. My previous employer revoked my H1B petition. If I wish to move back to H1B status, do I have to go through the lottery again? appeared first on Murthy Law Firm | U.S Immigration Law.

On October 30, 2023, U.S. President Joseph Biden issued a wide ranging executive order on artificial intelligence (AI) which, in part, calls for the expansion of immigration opportunities for highly skilled foreign nationals with expertise in AI or other critical and emerging technologies to study, live, and work in the United States. We are providing a brief summary of the executive order’s immigration related provisions for the benefit of MurthyDotCom readers.

Easing the Immigration Process for AI Experts

The executive order directs relevant U.S. agencies to take steps to ease the immigration process for a foreign national with AI-related expertise. These steps include improving processing times of visa petitions and applications, ensuring timely availability of a sufficient volume of visa appointments, and enhancing the ability for an AI expert to adjust status from nonimmigrant status to lawful permanent resident status.

Improving Immigrant and Nonimmigrant Visa Programs

The executive order also suggests the consideration of certain improvements for various immigrant and nonimmigrant visa programs. Considerations for nonimmigrant programs include:

1. Establishing new criteria for the U.S. Department of State (DOS) Exchange Visitor Skills List as it relates to the J-1 exchange visitor program’s two-year foreign residence requirement
2. Modernizing the H1B program to enhance its integrity and usage
3. Clarifying and modernizing the O1A visa program for an individual with extraordinary ability or achievement in the AI arena
4. Using the international entrepreneur program to ease the immigration path for an AI start up founder
   More details on this program are available in the MurthyDotCom NewsBrief, USCIS Restores Parole Program for International Entrepreneurs (26.May.2021).

Considerations for certain immigrant visa programs include modernizing the EB1A, extraordinary ability, and EB2 national interest waiver processes for foreign AI talent. The executive order also calls for updating the Schedule A list of occupations to account for AI and other STEM-related occupations, thereby allowing an individual in a qualifying occupation to bypass the PERM Labor Certification process.

Expansion of Domestic Visa Renewal Programs

The executive order calls for consideration of a new domestic visa renewal program for an individual with AI expertise that will help minimize interruption of work in the United States. An additional consideration includes expanding the current domestic visa renewal program available to certain nonimmigrant categories to include academic J-1 research scholars and F-1 students in STEM fields.

Education and Outreach

The executive order directs increased efforts in education and international outreach by the United States for foreign AI talent. Such efforts include the establishment of a program to identify foreign AI experts at universities, research institutions, and in the private sector and to educate such individuals about options for performing research or working in the United States on a potentially expedited basis. Informational resources and comprehensive guides for AI experts are to be published on AI.gov.

More Initiatives Possibly to Come

In addition to the specific directives described above, the executive order directs the U.S. Secretary of State and the U.S. Secretary of Homeland Security to use all available authority to support and attract foreign AI experts who wish to work, study, or conduct research in the United States. With time, this directive can lead to additional programs and initiatives to ease the immigration process for foreign AI experts.

Conclusion

President Biden’s executive order is an acknowledgment that foreign AI talent is critical for U.S. competitiveness in AI and other critical emerging technologies. Successful implementation of the executive order’s directives would allow more highly talented individuals to immigrate to the “land of opportunity.”

 

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The post Summary of President Biden’s AI Executive Order appeared first on Murthy Law Firm | U.S Immigration Law.