USCIS Releases Details on FY26 H1B Cap and Electronic Registration System Enhancements
The U.S. Citizenship and Immigration Services (USCIS) has released details of the H1B registration for fiscal year 2026 (FY26). Per the announcement, the registration period will start at noon Eastern Time (ET) on 07.Mar.2025, and end at noon ET on 24.Mar.2025.
Background on Registration ProcessTo submit a registration, along with the required $215 registration fee, employers and their representatives must use a myUSCIS online account. More details on creating an account are available on the USCIS website.
Those with selected registrations during the initial registration period will be notified by 31.Mar.2025. If selected, the petitioning employer will be given a 90-day window to submit a corresponding H1B petition. The USCIS also announced various enhancements to the legal representative USCIS accounts to assist with the online filing of H1B petitions.
ConclusionMurthyDotCom will continue to closely track updates and changes to the H1B registration system. Subscribe to the MurthyBulletin to receive future updates.
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USCIS Sets FY2026 H1B Registration Dates
USCIS announced that the H1B lottery registration period for fiscal year 2026 (FY26), starting 01.Oct.2025, will run from noon ET 07.Mar.2025 through noon ET 24.Mar.2025. Registrants will be notified of their selections on 31.Mar.2025. Check our website for further details.
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For my EB2 case, I need to get an experience letter from my former employer. Is it ok if the letter just confirms the dates of my employment, or does the letter have to provide information on my previous job duties?
According to the applicable regulation, experience letters must include a specific description of the duties performed. (05.Feb.2025)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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The post For my EB2 case, I need to get an experience letter from my former employer. Is it ok if the letter just confirms the dates of my employment, or does the letter have to provide information on my previous job duties? appeared first on Murthy Law Firm | U.S Immigration Law.
I have a valid H1B visa stamp in my passport. If a new employer files an H1B for me for consular processing, does that mean I have to go again for stamping?
If the H1B is filed for consular processing, it means the petition will not be approved with an I-94. If the beneficiary already has a valid H1B visa “stamp” in their passport, however, they do not need to go back to the consulate. Rather, the individual could simply present the approved petition and the existing visa in the passport, and request admission in H1B status. (05.Feb.2025)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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The post I have a valid H1B visa stamp in my passport. If a new employer files an H1B for me for consular processing, does that mean I have to go again for stamping? appeared first on Murthy Law Firm | U.S Immigration Law.
I am in the U.S. in L1A status and my family is here on L-2. We were all born in India. My eldest daughter is 18. If my employer files an EB1 case for me now, will she be able to get a green card through me, or will she age out?
In your situation, there is actually no way to know for certain whether your daughter will age out at this stage. You likely would not know for a number of years. There are a couple of things you may be able to do to help reduce the risk of her aging out, so you should discuss the matter with your immigration attorney prior to filing the petition. Ultimately, this will depend on several factors, including how long the petition remains pending, and how long it takes for the priority date to become current. (05.Feb.2025)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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The post I am in the U.S. in L1A status and my family is here on L-2. We were all born in India. My eldest daughter is 18. If my employer files an EB1 case for me now, will she be able to get a green card through me, or will she age out? appeared first on Murthy Law Firm | U.S Immigration Law.
Overcoming H1B Specialty Occupation Requests for Evidence
When filing an H1B petition, employers may receive a request for evidence (RFE) from the U.S. Citizenship and Immigration Services (USCIS) asking for additional information before a decision is made. One of the most common issues raised in an RFE is whether the job qualifies as a “specialty occupation.” This article explains what a specialty occupation is and provides practical tips on what can be done to better avoid RFEs on this issue, and how to address specialty occupation RFEs if and when they do arise.
What is an H1B Specialty Occupation?According to U.S. immigration law, a specialty occupation is defined as a job that requires BOTH:
- The theoretical and practical application of a body of highly specialized knowledge
- A minimum of a bachelor’s degree (or its equivalent) in a specific or directly related field of study to perform the role
In simpler terms, the position must be complex and specialized enough that it cannot be performed without at least a bachelor’s degree (or higher) in a relevant field.
Avoiding Specialty Occupation RFEsTo reduce the risk of receiving an RFE, employers and immigration practitioners can take proactive steps. Here are a few suggestions:
Craft Clear and Detailed Job DescriptionsSubmit a strong set of job duties in the initial H1B filing. The description should strike a balance – neither too technical nor too simplistic.
Choose the Right Occupational ClassificationSelect an appropriate standard occupational classification (SOC) code in the labor condition application (LCA) that aligns with the job duties. Ensure the SOC code falls under O*Net job zone 4 or higher.
Consider a Higher Prevailing Wage LevelFiling with a higher wage level in the LCA can strengthen the case, especially if an RFE is issued. However, the wage level must reflect the actual minimum requirements for the position.
Specify Relevant Degree FieldsAvoid stating that a bachelor’s degree in a wide range of unrelated fields is acceptable. For example, general engineering, science, or business are often considered too broad.
Include an Expert Opinion LetterConsider submitting an expert opinion letter explaining that the occupation typically requires a bachelor’s degree in a specific or related field.
Responding to a Specialty Occupation RFEEven with careful preparation, the USCIS still may issue an RFE. To successfully respond, the employer must demonstrate that the position meets at least one of the four regulatory criteria for a specialty occupation. Meeting more than one criterion increases the chances of approval.
Show that a Bachelor’s Degree is Normally RequiredProvide evidence that a bachelor’s degree (or higher) in a specific or related field is the standard minimum requirement for the position. Resources like the U.S. Department of Labor’s O*NET or occupational outlook handbook (OOH) can help support this claim. Additionally, include USCIS guidance, academic research, or other relevant materials that reinforce the degree requirement.
Demonstrate Industry-Wide StandardsDemonstrate that requiring a bachelor’s degree (or higher) is common practice across the industry for similar roles. This can be done by submitting:
- Job postings from reputable websites showing degree requirements for comparable positions
- Letters from industry associations or other companies confirming the degree requirement for similar roles
Show that the employer typically requires a bachelor’s degree (or higher) for the position. This can include:
- Job advertisements posted by the employer for the same or similar roles
- Documentation showing that current or past employees in similar positions held the required degree
Demonstrate that the job duties are so complex that they require at least a bachelor’s degree (or its equivalent) to perform. To support this:
- Submit detailed job duties, including the percentage of time spent on each task.
- Explain why a degree in a specific field is necessary to perform the role.
- Include a letter from a university professor or industry expert supporting the degree requirement.
Receiving an RFE can be stressful for both employers and employees, as it could lead to a denial and potentially put the foreign national out of status. However, an RFE also provides an opportunity to clarify how the H1B petition meets the eligibility requirements. Properly strategizing both before filing and after receiving an RFE is critical to a successful outcome.
At The Murthy Law Firm, our attorneys have extensive experience successfully responding to RFEs, including those related to H1B specialty occupations. We are here to help employers navigate the process and achieve the best possible results.
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DHS Vacates TPS Extension for Venezuela
On 30.Jan.2025, the DHS Secretary vacated the Venezuelan Temporary Protected Status (TPS) extension, which means the 2023 TPS designation expires 02.Apr.2025 and the 2021 TPS designation expires 10.Sep.2025. Each TPS designation to be separately reviewed for possible extension. Read more.
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New MurthyAudio Podcast – STEM OPT Training Plan
The STEM OPT training plan and how employers and employees can comply with its requirements are discussed by Murthy Law Firm attorneys in our recent podcast, MurthyAudio: STEM OPT Training Plan.
The post New MurthyAudio Podcast – STEM OPT Training Plan appeared first on Murthy Law Firm | U.S Immigration Law.
Navigating the Complexities of Changing Status to B-2 During the H1B Grace Period
The 60-day grace period provides possible options for H1B workers whose employment has ended to remain in the United States while seeking new H1B employment. One of these options, as outlined on the U.S. Citizenship and Immigration Services (USCIS) website, is to change status to B-2 while searching for employment opportunities. This process, however, is not without its challenges, and careful planning is required to navigate the complexities.
Filing for a Change of Status to B-2The USCIS currently permits H1B workers to file for a change of status to B-2 (or B-1) during the 60-day grace period. This option allows individuals to remain in the U.S. lawfully while searching for new H1B employment. Still, it is important to note a B-2 change of status request typically takes several months to process. During this time, the individual must comply with the terms of the B-2 status, which includes refraining from employment.
Concurrent Adjudication of B-2 and H1B PetitionsTo minimize potential delays, the USCIS has adopted a policy of concurrently adjudicating B-2 and H1B petitions when a change of status back to H1B is filed via premium processing. This means the USCIS may approve the H1B petition without waiting for the B-2 change of status to be adjudicated first, effectively restoring the individual to H1B status more quickly.
While this concurrent adjudication policy can reduce the waiting time significantly, it is not uniformly applied in all cases. There are instances where the USCIS approves the H1B petition but delays adjudicating the B-2 request. This situation can create complications for individuals who may inadvertently be placed in B-2 status after the pending application eventually is approved.
Withdrawing the B-2 RequestGiven the risk of being placed in B-2 status after an H1B petition already has been approved, it may be advisable to withdraw the B-2 change-of-status request before it is adjudicated. However, this decision must be made carefully, taking into account the specific facts and circumstances of the case. Consulting with an experienced immigration attorney is crucial to ensure the best course of action is taken.
The Impact of Policy ChangesIt is worth noting that, under the Trump Administration, the USCIS may signal a more restrictive interpretation of permissible activities under B-2 status. Specifically, using B-2 status to remain in the U.S. while seeking new H1B employment may no longer be considered a valid purpose for a B-2 change of status. This potential policy shift underscores the importance of understanding the evolving legal landscape and the risks involved in pursuing this option.
ConclusionThe option to change status to B-2 during the H1B grace period provides a pathway for individuals to remain in the U.S. while seeking new employment opportunities. However, the process is fraught with potential pitfalls, including the risk of being placed in an undesired status and the uncertainty surrounding USCIS policy. Given the complexities involved, individuals are strongly encouraged to consult with an immigration attorney to develop a strategy tailored to their specific circumstances.
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MurthyAudio: STEM OPT Training Plan
The STEM OPT training plan and how employers and employees can comply with its requirements are discussed by Murthy Law Firm attorneys in this podcast.
The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes.
The post MurthyAudio: STEM OPT Training Plan appeared first on Murthy Law Firm | U.S Immigration Law.
I’ve been the manager of a family-owned business for several years. I am the majority owner of the Indian company and my brother is the majority owner of the U.S. entity. Will this corporate structure work for L-1? If not, and my brother transfers his...
The current ownership structure generally would not work, as there must be common ownership and control of both the foreign and U.S. entities. If you change the ownership structure so that you own / control both entities, this would resolve the qualifying relationship issue and there would be no need to wait another year to file the L-1 petition based on this change in ownership. As long as the qualifying relationship exists as of the date of filing, this normally is sufficient. (28.Jan.2025)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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The post I’ve been the manager of a family-owned business for several years. I am the majority owner of the Indian company and my brother is the majority owner of the U.S. entity. Will this corporate structure work for L-1? If not, and my brother transfers his shares in the U.S. entity to me, do I need to wait another year before I qualify for L-1? appeared first on Murthy Law Firm | U.S Immigration Law.
While my H-4 extension was still pending, I traveled outside the U.S. When I returned, my I-94 was extended based on my husband’s new I-797. A couple of months later, the USCIS denied my H-4 extension. In the denial, the USCIS said I no longer needed...
No, this is no cause for concern. A denial in this situation normally would neither create any type of immigration problem, nor be viewed negatively by immigration officials. (28.Jan.2025)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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The post While my H-4 extension was still pending, I traveled outside the U.S. When I returned, my I-94 was extended based on my husband’s new I-797. A couple of months later, the USCIS denied my H-4 extension. In the denial, the USCIS said I no longer needed the extension because I traveled. Will this denial be seen as a black mark in my record? appeared first on Murthy Law Firm | U.S Immigration Law.
Is the wait-time to get a green card in the EB1(a) category any different than EB1(c)?
No, the wait-times are essentially identical, as they both fall under the EB1 category. (28.Jan.2025)
Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here.
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The post Is the wait-time to get a green card in the EB1(a) category any different than EB1(c)? appeared first on Murthy Law Firm | U.S Immigration Law.
New Regulation Simplifies Process for H1B Entrepreneurs
The H1B program has long been a valuable way for U.S. businesses to employ highly skilled workers. Recent regulatory changes implemented shortly before the end of the Biden Administration also have created an easier pathway for H1B workers who seek to establish their own businesses in the United States.
Key Provisions for Beneficiary-OwnersUnder the updated regulations, a United States employer may include a business where the H1B employee holds a controlling interest, which is defined as owning more than 50 percent of the petitioner or possessing majority voting rights. Importantly, these regulations allow the H1B employee to perform duties directly related to owning and directing the business, which the U.S. Citizenship and Immigration Services (USCIS) has indicated may include “signing leases, finding investors, negotiating contracts, developing a business plan, engaging with potential suppliers and stakeholders, and talent acquisition.” However, the H1B employee must spend more than half of their time performing specialty occupation duties. This flexibility acknowledges the dual role of entrepreneur-beneficiaries as both business owners, with specific responsibilities related to running, managing, and growing the business, and specialty occupation workers.
To ensure compliance with this rule, the USCIS has indicated that H1B petitioners must detail all duties the beneficiary will perform, specifying the percentage of time spent on each. Non-specialty occupation duties must directly relate to owning and managing the business. Incidental duties – those that “occur by chance, are intermittent, and are of minor consequence,” such as answering phones, making copies and the like – are also permissible, provided they remain secondary to the specialty occupation tasks.
Limited Validity PeriodsThe updated regulations impose a limited validity period for H1B petitions involving beneficiary-owners. More specifically, the initial filing and the first extension are limited to 18 months each. While this shorter duration requires more frequent filings, it reflects the intent of the USCIS to balance flexibility for entrepreneurs with “safeguards to prevent program abuse” and to ensure compliance.
Encouraging Entrepreneurial InnovationHistorically, beneficiary-owned entities faced challenges in obtaining H1B approvals due to concerns about the employer-employee relationship. However, USCIS has taken significant steps to address these issues, particularly with the rescission of a prior memorandum on employer-employee relationship. The new regulations aim to encourage beneficiary-owners to pursue H1B status by clarifying the requirements and ensuring greater transparency in the proper use of the H1B program.
This regulatory shift aligns with broader efforts to support entrepreneurship and innovation. By enabling highly skilled individuals to establish and grow businesses in the U.S., these provisions not only create opportunities for foreign national entrepreneurs but also contribute to economic growth and job creation within the United States.
ConclusionThe updated H1B regulations for beneficiary-owners represent a welcome and needed opportunity for foreign entrepreneurs to leverage their expertise while building businesses in the U.S. By meeting the regulatory requirements and carefully structuring their H1B petitions, these individuals can secure H1B status and contribute meaningfully to the American economy. This is a positive development for those seeking to combine their entrepreneurial aspirations with the benefits of the H1B program.
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MurthyAudio: What to Expect with H1B Filings / RFEs in 2025
H1B cap registration, H1B filings, and Requests for Evidence expected in 2025 are topics discussed by Murthy Law Firm attorneys in this first podcast in the New Year.
The MP3 is available here and can be found in the archive of our teleconferences and podcasts on iTunes.
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NewsFlash! Court Blocks Trump’s Order Limiting Birthright Citizenship
Today, a federal judge in Seattle issued a temporary restraining order (TRO), temporarily blocking the enforcement of President Trump’s executive order that significantly limited eligibility for birthright citizenship. The news of this TRO was widely expected among legal scholars, as the executive order appears to directly contradict the 14th Amendment to the U.S. Constitution, which reads “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” As U.S. District Judge John Coughenour, who issued the TRO, noted, “I can’t remember another case where the case presented is as clear as it is here. This is a blatantly unconstitutional order.”
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The post NewsFlash! Court Blocks Trump’s Order Limiting Birthright Citizenship appeared first on Murthy Law Firm | U.S Immigration Law.
Federal Judge Temporarily Blocks Trump Citizenship Executive Order
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.
COVID-19 Vaccinations No Longer Required for I-485 Medical Examinations
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.
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...
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.
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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.
If an employer files an H1B transfer for me, and it is denied, can I keep working for my current employer?
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.
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