My minor child may age out of their eligibility to immigrate as my dependent. Can my child file an EB5 petition as the main applicant?
This is legally possible. However, if the child is under 18, advance planning is required to ensure that any investment agreements or related contracts signed by the child are legally valid and enforceable in the jurisdiction where they are signed. (03.Mar.2026)
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I am in H1B status with a valid visa stamp and plan to travel outside the United States. I have a chronic health condition. Will this affect my ability to return to the U.S.?
In general, a chronic medical condition does not prevent someone from reentering the United States if they have a valid visa. However, recent U.S. Department of State guidance indicates that medical conditions may be considered when an individual applies for a new visa, as explained in the MurthyDotCom InfoArticle, State Department Expands Health-Based Grounds for Visa Denials (07.Nov.2025). (03.Mar.2026)
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Does the SOC code listed in the H1B lottery registration have to match the SOC code that ultimately will be used for the H1B cap petition?
Yes, the SOC code on the petition should match what was listed in the registration. In limited situations, a different SOC code may be acceptable if it does not result in a lower wage level, but approval of the petition is not guaranteed. (03.Mar.2026)
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E-3 “Specialty Occupation” Standard: How Close is it to H1B?
The E-3 category was created in 2005 as part of the REAL ID Act to allow Australian citizens to work in the United States in “specialty occupation” roles. The E-3 was designed using a framework that mirrors the H1B category but with important procedural differences. Like an H1B job, an E-3 position must require the theoretical and practical application of highly specialized knowledge, meaning you must show the job requires at least a U.S. bachelor’s degree in a specific specialty as a minimum for entry into the field, and that you possess such a degree or the equivalent.
What Counts as an E-3 Specialty Occupation?Under the statute, “specialty occupation” for E-3 is expressly defined by reference to the H1B provision at INA 214(i)(1). In practice, this means:
- The job must normally require at least a U.S. bachelor’s degree or higher in a specific field, or the foreign equivalent.
- The foreign national must hold that degree (or equivalent) in the specialty or qualify through a combination of education and progressively responsible experience.
- Any state licensure or other official permission needed to practice in the occupation must be met, or the individual must show eligibility to obtain that license within a reasonable period after entering the United States or changing their status if they are lawfully present.
The USCIS guidance in the Adjudicators Field Manual confirms that, to qualify for an E-3 Visa, the individual must show both that the position in the United States is a specialty occupation and that the worker has the required degree or equivalent in the specific specialty. This is just like the H1B requirements.
Degree Equivalency and Professional ExperienceWhere the prospective E-3 worker lacks a formal bachelor’s degree, guidance reflected in the U.S. Department of State (DOS) Foreign Affairs Manual states an applicant for E-3 is able to satisfy the degree requirement by substituting a combination of experience equivalent to the required bachelor’s degree. The FAM, copying the H1B rule, provides that the same formula of three years of relevant professional experience being treated as equivalent to one year of university-level education applies to the E-3 Visa applicant. On this basis, roughly twelve years of specialized experience in the field may be needed to establish equivalency to a four-year bachelor’s degree.
Licensing and Compliance ConsiderationsWhen a professional license is required to perform the job, the E-3 applicant must either already hold that license or demonstrate eligibility to obtain it after entering the U.S. The way they show this eligibility to get the license is with evidence they meet educational or other prerequisites and showing the ability to sit for any test that is required. For extensions in a license-requiring occupation, USCIS expects evidence that the worker has the necessary license.
ConclusionThe E-3 Visa deserves being nicknamed the Australian H1B. Available by petition to USCIS or by direct nonimmigrant visa application at a U.S. consulate, there is relatively small usage of it. An analysis and preparation of the required documents to prove eligibility should be carefully attended well in advance of a visa appointment. Someone interested in understanding their own personal eligibility can contact the Murthy Law Firm to consult with an experienced immigration attorney.
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New Form I-129 Alert
The updated Form I-129 now requires details used to determine the LCA wage level (minimum job requirements, degree field, supervision, etc.). For H1B cap cases, employers must also list the wage level selected during H1B registration. More here.
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Concerning Immigration Language Rumored to be in Federal Plea Agreements
It has recently come to the Murthy Law Firm’s attention that significant changes may be appearing in the language of federal plea agreements that could have serious immigration consequences for noncitizen defendants. Based on reports, new provisions are being included in plea deals that result in waiving significant legal rights under U.S. immigration law. For the benefit of MurthyDotCom readers, this is an overview of what we know.
Criminal Actions Can Have Immigration ConsequencesIt is well established that criminal conduct can have a profound impact on a person’s immigration status. Under federal law, a broad range of criminal offenses are considered removable offenses, meaning that a conviction can trigger deportation or removal proceedings. For this reason, it always has been critical for noncitizens to understand the immigration implications of any criminal matter before accepting a resolution, as detailed in the MurthyDotCom InfoArticle, Criminal Violations and Arrests in the Immigration Context (27.Dec.2023)
Plea Deals as a StrategyIn many criminal cases, plea agreements can serve as a strategic tool to minimize immigration consequences. Defense attorneys and immigration counsel often work together to negotiate plea terms that avoid triggering the harshest immigration penalties, such as pleading to offenses that do not constitute aggravated felonies or crimes involving moral turpitude. When done properly, a carefully structured plea deal can preserve a defendant’s eligibility for future immigration relief. However, recent developments suggest that certain federal plea agreements now may contain language that undoes these protections.
Concerning Language in Federal Plea AgreementsReports indicate that new federal plea agreement language may require defendants to waive certain rights they normally would be allowed to exercise. For instance, they may require waiving the right to a hearing before an immigration judge, waiving the right to apply for particular forms of relief, or conceding to being permanently inadmissible.
ConclusionThese reported changes to federal plea agreements underscore the critical importance of noncitizens to understand exactly what is being signed before agreeing to it. Anyone facing federal or state criminal charges should always consult with a qualified immigration attorney before resolving their case. An experienced immigration lawyer can evaluate the specific terms of a plea deal and advise on how to protect immigration rights and eligibility for future benefits. Individuals seeking guidance on criminal-immigration matters are encouraged to schedule a consultation with a Murthy Law Firm attorney.
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My EB2 I-140 is approved. Is it okay if my brother also sponsors me for a green card?
Yes, filing a family-based green card case typically would not impact an existing employment-based case. (24.Feb.2026)
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My wife and I wish to move back to India. My son is currently enrolled in university and wishes to remain in the U.S. Can I gift funds to my child so that he can apply for a green card through the EB5 program?
Yes, this generally is possible. As the gift giver, you would need to provide various financial documents, including seven years of tax returns along with evidence of the lawful source of the funds. (24.Feb.2026)
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I am in H1B status working from a home office. My employer is moving me to a different client, but I will continue to work from home. Because there is no location change, is it true we do not need to file an H1B amendment. Is that correct?
Depending on the circumstances, a change in project may require an H1B amendment. Even if there is no change in the physical work location, if there will be a material change in the job from what was presented in the H1B petition, an H1B amendment generally must be filed. (24.Feb.2026)
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March 2026 Visa Bulletin
The U.S. Department of State (DOS) has released the March 2026 Visa 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) CategoryIn the EB1 category, the cutoff dates for both China and India advance to 01.Mar.2023. The EB1 category remains current for all other countries of chargeability.
Employment-Based, Second Preference (EB2) CategoryIn the EB2 category, the cutoff date for EB2 India advances to 13.Sep.2013. EB2 China remains set at 01.Sep.2021. The EB2 cutoff date for all other countries also remains unchanged at 01.Apr.2024.
Employment-Based, Third Preference (EB3) CategoryNeither India nor China sees any relief in the EB3 category. India’s cutoff date is still set at 15.Nov.2013, and China’s EB3 cutoff date remains unchanged at 01.May.2021. The EB3 cutoff date for the Philippines moves to 01.Aug.2023. EB3 for all other countries of chargeability advances to 01.Oct.2023.
EB3 Other WorkersIn the EB3 Other Workers category, India’s cutoff date aligns with the standard EB3 cutoff of 15.Nov.2013. For China, the cutoff date remains set at 08.Dec.2018. The EB3 other workers category for all other countries of chargeability carries a cutoff date of 01.Nov.2021.
Employment-Based, Fourth Preference (EB4) CategoryIn the EB4 category, including the EB4 program for certain religious workers, the cutoff date moves to 15.Jul.2021.
Employment-Based, Fifth Preference (EB5) CategoryThere is no movement in the EB5 category. The EB5 unreserved category for India remains unchanged at 01.May.2022. Meanwhile, China’s unreserved cutoff date is set at 15.Aug.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.
ConclusionWe 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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DOS Provides Consolidated Guidance on B-1 Visas
The U.S. Department of State (DOS) has issued new public guidance clarifying how the B-1 business visitor category may be used, and where its limits lie, in the context of short-term business travel to the United States. The “FACT SHEET: U.S. Business Visas (B-1) and Allowable Uses” is especially important for employers and foreign business travelers who have long viewed the B-1/ESTA as a flexible way to support U.S. operations without a petition-based work visa.
Key Message: Business, Not EmploymentThe fact sheet reiterates that the B-1 visa is available to applicants who seek to enter the United States for business and otherwise qualify for a visitor visa. Provided applicants meet the criteria set out in the DOS Foreign Affairs Manual (FAM) individuals entering under the Visa Waiver Program with ESTA approval are subject to the same activity limits as someone with a B-1 visa in their passport.
Critically, the guidance draws a bright line between “business activities” and “the performance of skilled or unskilled labor.” Engaging in business on B-1 means activities such as attending meetings, negotiating contracts, or similar limited, professional engagements and not filling a position or performing day-to-day work that ordinarily would require a work-authorized status.
When the B-1 is AppropriateThe fact sheet explains that the B-1 can be used when the traveler’s purpose fits within the FAM’s enumerated categories. In practical terms, this typically includes short, specific trips for meetings, consultations, conferences, or to explore or finalize business transactions where the individual remains employed and paid abroad.
DOS further notes that a B-1 visitor may receive reimbursement for incidental expenses or certain limited remuneration, reinforcing that the visa is not meant to support U.S.-source wages for ongoing productive work. This clarification may help companies structure legitimate short-term visits without inadvertently drifting into unauthorized employment.
When a Work Visa is Required InsteadThe fact sheet warns that the B-1 is “not appropriate for applicants who intend to obtain and engage in employment while in the United States.” If the planned activity involves performing services that resemble a regular job in the United States – whether for a U.S. entity or in support of a U.S. project – a petition-based work visa should be considered.
The DOS explicitly advises that, where the intended activity is not clearly covered by the B-1 guidance, the traveler “should apply for a more appropriate visa, such as a petition-based work visa, at their U.S. Embassy or Consulate.” This reinforces the long-standing principle that ambiguous or borderline cases should default to proper employment-based classifications, rather than stretching the B-1 category.
ConclusionThe new fact sheet gathers in one place key points that were previously scattered across the Foreign Affairs Manual and related resources. It also directs readers to parallel guidance from USCIS on B-1 temporary business visitors, the DOS visitor visa overview, and the full text of 9 FAM 402.2, encouraging a more holistic review of the rules.
For employers and foreign nationals, the message is twofold: the B-1 (and ESTA) remain useful tools for genuine, limited business visits, but they are not substitutes for work-authorized categories when the U.S. activity crosses into employment. Careful advance planning – matching the real-world itinerary to the B-1 framework or, if necessary, pivoting to a petition-based work visa – will be essential to avoid misunderstandings at the consulate or the port of entry.
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When I go to determine my L1A max-out date, do I count from the start date on my original L-1 approval? Or is it from the date I entered the U.S. in L-1 status?
L-1 time is calculated based on the person’s time in the United States in L-1 status. Time spent outside the U.S. after an L1A has been approved does not count toward the standard 7-year max.(17.Feb.2026)
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I am on H-4 and have an EAD. Can I work as a contractor for a company located in Europe?
From an immigration law standpoint, an H-4 spouse with a valid EAD generally has unrestricted work authorization. This normally would allow the person to work for a company located outside the U.S. (17.Feb.2026)
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Does a company have to be enrolled in E-verify to file an H1B lottery case?
No, there is no requirement that an employer be enrolled in E-verify to file an H1B registration or petition. (17.Feb.2026)
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New Executive Order on Information Sharing and the Visa Waiver Program
On 06.Feb.2026, President Donald Trump signed Executive Order 14385, “Protecting the National Security and Welfare of the United States and its Citizens from Criminal Actors and Other Public Safety Threats.” This order establishes new policies for information sharing between U.S. agencies and foreign governments, with potential implications for travelers under the Visa Waiver Program (VWP).
Increased Access to Foreign Country Records and VWP ImpactThe executive order authorizes the Secretary of the U.S. Department of Homeland Security (DHS) to exchange criminal history record information (CHRI) with border security and immigration authorities of VWP countries, nations with Preventing and Combating Serious Crime agreements, and other trusted U.S. allies, if there is a reciprocal agreement between the two countries. The stated purpose is to strengthen border security by enabling DHS to better identify foreign nationals with criminal histories who may pose threats to U.S. national security or public safety.
ConclusionThe Murthy Law Firm is closely monitoring immigration developments. We will continue to provide updates to keep our clients and the public informed of new developments and their potential impacts.
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DOS Confirms China is Not Part of Immigrant Visa Processing Pause
Per the American Immigration Lawyers Association (AILA), the U.S. Department of State (DOS) has confirmed that China is not included in the 75-country immigrant visa processing pause that took effect 21.Jan.2026. The clarification came after an erroneous alert appeared on the Travel Docs website causing confusion among immigration practitioners and visa applicants.
Erroneous Alert on Travel Docs WebsiteOn 10.Feb.2026, multiple practitioners reported that the Travel Docs website for China displayed an alert indicating that China would be part of the immigrant visa processing pause. The alert suggested that immigrant visa processing for Chinese nationals would be suspended indefinitely, consistent with the pause affecting 75 other countries.
AILA’s Department of State Liaison Committee promptly contacted the State Department regarding the alert. The DOS, in turn, confirmed that the information was posted in error and that China is not part of the immigrant visa processing pause. The erroneous alert has since been removed from the Travel Docs website.
ConclusionChinese nationals may continue to apply for and receive immigrant visas without interruption. The 75-country pause, which began 21.Jan.2026, affects countries including Somalia, Russia, Afghanistan, Brazil, Iran, Iraq, Egypt, Nigeria, Thailand, and Yemen, among others. China was never intended to be included in this list.
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I recently entered on a B-1/B-2 visa. My I-94 was issued for six months, but my visa stamp expires in April. Is it legal for me to remain in the U.S. after January?
The B-2 visa “stamp” is an entry document. As long as it is valid at the time admission is requested, one typically can be admitted for up to six months. If the I-94 is still valid, the expiration of the visa “stamp” has no impact on status validity. (11.Feb.2026)
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I am a green card holder and wish to file for naturalization. However, I took a trip of more than six months to India within the last 5 years. Will this be an issue?
While an absence of between 6-12 months is not necessarily a breach in residency for naturalization purposes, USCIS is increasingly scrutinizing absences of this length. (11.Feb.2026)
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I am currently on OPT and my employer will be entering me in the H1B lottery. I am presently earning the equivalent of a Wage Level 1 salary, but the employer has agreed to increase it to Wage Level 2 for my H1B lottery case. Does the employer have to...
Generally speaking, the H1B wage does not have to be paid until and unless the foreign national is granted H1B status. There is no requirement that the H1B salary be paid at the time the person enters the H1B lottery. (11.Feb.2026)
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The post I am currently on OPT and my employer will be entering me in the H1B lottery. I am presently earning the equivalent of a Wage Level 1 salary, but the employer has agreed to increase it to Wage Level 2 for my H1B lottery case. Does the employer have to start paying the higher salary now? appeared first on Murthy Law Firm | U.S Immigration Law.
Factors for F-1 Students to Consider in Selecting a College or University
Since taking office, the Trump administration has instituted numerous policies to make it more difficult for foreign nationals – including international students – to come to the United States. This has highlighted the need for caution among current and potential F-1 students when selecting the colleges and universities they will attend. The fate of such students is often tied to the practices of their respective schools.
Government Must Certify School to Administer F-1 ProgramEach college and university seeking government certification to enroll F-1 students undergoes a review process before certification. This review involves an official application (form I-17) and site visit by the U.S. Department of Homeland Security (DHS). The school must present documents establishing that it has a bona fide program and the necessary resources to administer the F-1 program on its campus. When choosing a school, prospective international students are encouraged to view the certification status, which is updated periodically and can be found on the U.S. Immigration and Customs Enforcement (ICE) website.
Students Must Look Beyond DHS / ICE CertificationThe fact that a school has been certified to enroll international students in F-1 status is not, in itself, a guarantee of the legitimacy of the school and its full compliance with SEVIS and F-1 requirements. While the government should fully investigate and monitor schools prior to and following certification, this does not always occur. Thus, for the student’s own protection, s/he cannot solely rely upon the government’s approval of the school for participation in the F-1 program. Students have been forced to take some of this responsibility upon themselves when selecting a college or university to attend.
This uncertainty is especially important in the context of practical training programs. Even CPT and OPT programs approved by designated school officials (DSOs) can later be found by the U.S. Citizenship and Immigration Services (USCIS) to have been improperly authorized.
Accreditation is Important, but Not SufficientThe Student and Exchange Visitor Program (SEVP) certifies some unaccredited colleges and universities. The fact that a school is allowed to participate in the F-1 student program does not mean that the school itself meets the academic standards set by the U.S. Department of Education for accreditation.
A list of accredited U.S. universities can be found at the Department of Education’s website. Please note, however, that just because a school is accredited does not mean that it is certified by the Student and Exchange Visitor Program (SEVP) to admit F-1 students. Moreover, while virtually all prestigious schools are accredited, the mere fact that a school is accredited does not mean it is viewed favorably in immigration circles. In fact, in recent years, a number of the schools that ran afoul of immigration regulations were accredited.
Reputable Institutions Generally a Safer BetMany of the immigration-related concerns discussed here generally do not apply to those who will be attending well-established, fully accredited U.S. educational institutions. While rules for F-1 compliance apply to all participating schools, the risk of a raid on a university and potential disqualification from participating in the F-1 program is not a serious concern if one is attending a reputable educational institution.
Review School’s Written Materials on Website and Other SourcesWhile no single sign of a potential problem with administration of the SEVIS program is indicative or determinative of a certified school’s standing with regard to enrolling F-1 students, it is advisable to review the school’s website and other materials describing its history, academic programs, and instructions for international students. Warning signs can include poor grammar and misspellings in institutional literature and on the school website. This generally is not a good sign for any organization, but particularly for an educational institution. Schools with unprofessional materials and websites should be avoided.
Beware of Schools Offering CPT During First YearOne major factor that draws scrutiny from the USCIS is engaging in curricular practical training (CPT) during the first academic year of study. While this is not absolutely prohibited, there are restrictions regarding when it is appropriate for a school to override the general rule of CPT issuance, which is after the first academic year. If a school appears to be readily issuing CPT from the start of many or most of its academic programs, this is cause for concern.
Even more troubling, a policy change allows the USCIS to find status violations based on such issues and declare all of the time since the alleged violation to be unlawful presence. See the MurthyDotCom NewsBrief, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (17.Dec.2018) for more details on the potential immigration consequences of a status violation while in F-1 status.
Attendance at Physical Location RequiredThe use of online education is a growing trend, offered by many reputed schools. But, F-1 students typically are limited to one online course per academic term. Therefore, one should be wary of any school that seems primarily to offer “distance learning” opportunities.
If possible, a prospective international student should tour the respective college or university prior to selection. If this is not possible due to travel considerations, the foreign national may wish to contact any relatives, friends, or others in the United States for this in-person assessment.
School Must Have Legitimate Application Process for AdmissionWhile some schools are more selective than others, if a school does not appear to have a true applicant screening process, this is reason for concern. If almost anyone is accepted quickly and at any time, the prospective student should exercise caution. There are some legitimate schools, of course, such as community colleges that are intended to serve the local community and provide opportunities for education to a broad spectrum of individuals. Some of the programs at these schools may be open to most candidates, but there is still an academic cycle and an application process. Questions regarding this type of school usually can be resolved by checking the accreditation.
ConclusionThis article is intended as a valuable resource to help MurthyDotCom readers in their understanding of the factors to be considered before enrolling at a U.S. university or other school. While there is no single recipe to ensure that a college or university has a strong academic and F-1 program, there are many signs that may hint at a school’s legitimacy.
This article originally was published 01.Aug.2011. While some aspects of immigration have changed in significant ways since MurthyDotCom began publishing information 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.
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