US Immigration News

A potential government shutdown, which would take effect on October 01, 2023, may have an impact on immigration-related filings. We are taking proactive steps in an attempt to minimize disruption to our clients.

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DHS announces new actions to include maxi EAD validity of 5 years for certain groups such as AOS applicants and asylees.

The post 5 Year AOS EAD? appeared first on Murthy Law Firm | U.S Immigration Law.

What’s it like at Murthy Law Firm? Managing Attorney Aron Finkelstein making someone happy to hear that they can work in L-2S without an EAD Card! Talk with one of our attorneys about your U.S. immigration problems. We love to help!

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Answer

No, applying for an LCA (or receiving the certified LCA back from the DOL) does not provide any direct immigration benefit. If there is a material change in the job, such as when an H1B worker is moving outside the area of intended employment, then the H1B amendment typically must be filed before the change occurs. (21.Sep.2023)

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The post I understand that an H1B amendment is required when I move to a new work location. Is it permissible though to move to the location once we get the LCA, as long as we then file the H1B amendment? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

If you do not take care of your biometrics appointment, your case eventually will be denied. Fortunately, you may be able to reschedule. Call the USCIS Contact Center at 800-375-5283, be prepared to provide evidence of the emergency, and hopefully they will exercise discretion and allow you to reschedule. (21.Sep.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 After being laid off from my H1B position, I filed an application to change status to B-1. Due to a personal emergency however, I missed my biometrics appointment. Does that mean my application will automatically be denied? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Once a person enters on an immigrant visa, the U.S. Customs and Border Protection (CBP) officer at the U.S. port of entry should have placed an I-551 stamp in the visa / passport, which serves as temporary evidence as status as a green card holder for up to one year. During that period, the individual generally may use that endorsement for purposes of travel. (21.Sep.2023)

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The post I am a U.S. citizen and I sponsored my mother for a green card. The consular post in Mumbai issued her an immigrant visa earlier this year, with an expiration date in October 2023. She entered on the visa a few weeks ago, but has not yet received her physical green card. Would it be best for her to wait for the green card before she travels internationally? appeared first on Murthy Law Firm | U.S Immigration Law.

On September 1, 2023, the U.S. Department of States (DOS) issued a reminder to visa applicants that all machine-readable visa fee receipts issued prior to October 1, 2022, will expire on September 30, 2023, unless immediate action is taken. If an affected individual does not take the necessary action before September 30, 2023, then the fee will be forfeited.

Machine-Readable Visa Fee Receipts Explained

A nonimmigrant visa applicant is required to pay a fee for the machine-readable visa (MRV) stamp that will be placed in the individual’s passport. This MRV fee is paid after the DS-160 nonimmigrant visa application is opened and a confirmation ID is issued to the applicant. The fee must be paid prior to an applicant’s visa interview.

Expiration of Visa Fee Receipts Issued Before 01.Oct.2022

Due to significant backlogs in consular processes during the COVID-19 pandemic, the DOS extended the validity for all visa fee receipts issued before October 1, 2022, to September 30, 2023. The DOS recently announced that it will not extend this date, and all visa fee receipts issued before October 1, 2022, will expire on September 30, 2023, for any applicant who has not yet scheduled a visa interview. To avoid paying a new fee, an applicant must schedule a visa interview appointment or submit an interview waiver application before September 30, 2023. The interview does not need to take place before this date and can be scheduled for a later time.

DOS cautions that an individual scheduling a visa interview with a visa fee receipt issued prior to October 1, 2022, should not try to change the appointment date on or after October 1, 2023. An individual who does so will lose both the original appointment slot and the visa fee receipt and will be required to pay a new fee and submit a new visa application.

Conclusion

Applying for a nonimmigrant visa can be a lengthy process and requires advance planning, but unexpected circumstances can sometimes disrupt an individual’s plans. Therefore, it is important to be on alert for DOS policy changes and updates to avoid incurring additional expenses and unwanted delays.

 

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The post COVID-19 Era Visa Application Fees to Expire 30.Sep.2023 appeared first on Murthy Law Firm | U.S Immigration Law.

Post a question and receive helpful advice on the MurthyForum. Our attorneys frequently respond to questions on a variety of immigration law topics and individual situations – submit your question today!

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Another Murthy Law Firm success with removal of fraud / misrepresentation inadmissibility hit! We sued USCIS to erase 6C fraud finding. Now client has been issued her H-4 visa to return to her family. See more about 6C rules here.

The post 6C Victim Gets Visa appeared first on Murthy Law Firm | U.S Immigration Law.

Today, the U.S. Department of State (DOS) released the October 2023 Visa Bulletin, which is the first visa bulletin of fiscal year 2024. As expected, there is movement in most of the categories. All cutoff dates listed refer to those in the final action chart (i.e., Chart A), unless otherwise specified.

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

In the EB1 category, the cutoff date for China advances to February 15, 2022, while India’s cutoff date moves forward to January 1, 2017. The EB1 category is current for all other countries of chargeability.

Employment-Based, Second Preference (EB2) Category

EB2 China’s cutoff date moves ahead to October 1, 2019, while India sees its EB2 cutoff date advance to January 1, 2012. The EB2 cutoff date for all other countries inches forward to July 8, 2022.

Employment-Based, Third Preference (EB3) Category

In the EB3 category, China’s cutoff date is set at January 1, 2020. EB3 India’s cutoff date moves up to May 1, 2012, once again providing it with a more favorable cutoff date than its EB2 counterpart. The EB3 category for all other countries of chargeability advances to December 1, 2021.

EB3 Other Workers

In the EB3 other workers category, the cutoff date for China is set at January 1, 2016. For India, the cutoff date moves to May 1, 2012. For Philippines, the cutoff date advances to May 1, 2020. For all other countries of chargeability, the EB3 other workers cutoff date moves ahead to August 1, 2020.

Employment-Based, Fourth Preference (EB4) Category

In the EB4 category, the cutoff date for all countries is set to January 1, 2019.

Note that the EB4 program for certain religious workers is currently scheduled to expire as of October 1, 2023. If Congress does not extend the program by that date, the EB4 category for certain religious workers will be unavailable.

Employment-Based, Fifth Preference (EB5) Category

China’s EB5 unreserved (i.e., EB5 immigrant visa numbers not set aside for rural, high unemployment, and infrastructure projects) cutoff date moves up to October1, 2015. For India, the cutoff date advances more significantly to December 15, 2018. EB5 remains current for all other EB5 categories and countries of chargeability.

Conclusion

While many of these advances are disappointing, the DOS notes in the visa bulletin that “[d]ate advancements reflect an intention to keep visa issuance within quarterly limits…with potential date advancements throughout the fiscal year.” MurthyDotCom will continue to closely monitor and report on movement and predictions related to the monthly visa bulletin. Subscribe to the free MurthyBulletin to have weekly updates sent to your inbox.

 

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The post October 2023 Visa Bulletin appeared first on Murthy Law Firm | U.S Immigration Law.

Sheela Murthy shared her philosophy recently with Seema on the importance of caring for clients & why she started MLF 30 years ago!

The post Sheela Shares with Seema appeared first on Murthy Law Firm | U.S Immigration Law.

On September 13, 2023, a federal judge in Texas, once again, found the DACA program unlawful. However, he didn’t terminate it for thousands of existing DACA recipients.

The post DACA Declared Unconstitutional Once Again appeared first on Murthy Law Firm | U.S Immigration Law.

The U.S. Citizenship and Immigration Services (USCIS) has updated the USCIS Policy Manual with additional guidance that expands the extraordinary circumstances exception to the Child Status Protection Act’s (CSPA) “sought to acquire” requirement. This update stems from a February 14, 2023, policy update that expanded eligibility for CSPA protections.

Background on CSPA

The CSPA uses a formula to help determine when an individual over the age of 21 is still considered a “child” for purposes of eligibility as a dependent under a parent’s green card case. The CSPA treats certain individuals as being under the age of 21 for purposes of enjoying immigration benefits, even though the individual’s biological age is actually 21 years or older. Under the CSPA, a child’s age is calculated by looking at the actual age on the date that the priority date for the green card case became current, or the date on which the underlying immigrant petition was approved, whichever is later, and subtracting the number of days that the petition was pending. More details on the CSPA are available in the MurthyDotCom NewsBrief, Child Status Protection Act Basics Part 1 and Part 2. The goal of the CSPA is to provide relief to children who otherwise would age out of eligibility for the green card as derivative beneficiaries of their respective parent.

Update Related to Beneficial February 2023 Memo

As discussed in the MurthyDotCom NewsBrief, USCIS Expands Eligibility Under the Child Status Protection Act (27.Feb.2023), the USCIS issued a memorandum on February 14, 2023, that changed USCIS policy to allow, in certain circumstances, CSPA age determinations to be based on the more favorable dates-for-filing chart (Chart B), rather than the final-action chart (Chart A). This latest update to the Policy Manual discusses possible immigration relief options for certain children who aged out prior to the February 2023 policy change.

CSPA’s Sought-to-Acquire Requirement

The CSPA requires that a derivative child with a CSPA age of under 21 years old must have “sought to acquire” status as a lawful permanent resident (i.e., applied for adjustment of status or an immigrant visa) within one year of the priority date on the parent’s petition becoming current. A child who does not meet this requirement generally cannot benefit from the CSPA’s protection.

In some cases, though, the USCIS may excuse a child’s failure to seek LPR status within the standard one-year limit if the delay was directly caused by extraordinary circumstances beyond the child’s control. Examples of extraordinary circumstances include a serious illness or disability of the child, death or incapacity of a child’s immediate family member or legal representative, or if the USCIS rejects a timely filed application for adjustment of status.

Extraordinary Circumstances Now Includes CSPA Age Calculation Policy Change

As noted above, a February 2023 USCIS update altered how a child’s age is calculated under the CSPA in certain situations, allowing more children to qualify. However, that update did not cover dependent children who aged out under the prior rule, and whose priority dates became current more than a year prior to the February 14, 2023, policy change. To remedy this, the USCIS now considers the February 14, 2023, policy update to be an extraordinary circumstance beyond the child’s control and may excuse the child’s inability to have met the sought-to-acquire requirement if the delay is otherwise reasonable.

Conclusion

The CSPA promotes family unity and reduces the risk of a child aging out of a parent’s immigrant petition. The expansion of the extraordinary circumstance exception is a welcome policy change and offers new hope to many children seeking permanent residency in the United States.

 

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The post USCIS to Consider CSPA Age Calculation Policy Change as Extraordinary Circumstance appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Ordinarily, if an H1B worker is moving to a work location outside of the MSA or reasonable commuting distance of the location/s indicated in the previous petition and LCA, an H1B amendment is required. And, to file the H1B amendment, the employer must first obtain an LCA. (14.Sep.2023)

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The post If I move to a different state on H1B, do we need to file an amendment, or can we just file a new LCA? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

No. What you are proposing generally would not work. If you wish to fall under one of the new EB5 sub-categories (e.g., EB5 set aside; rural), you would need to make a new $900,000 investment and then file an I-526 petition (or I-526E petition, if it is in a regional center project).

If you previously invested in a regional center project, one possible option is to reach out to the project representative and determine if they have investment opportunities available. If so, they may allow you to withdraw the funds and reinvest them at the $900,000 level, in order to then file a new I-526E (and a concurrent I-485 application). But, in essence, this really is just a new $900,000 investment and a new I-526E. The fact that there was a previous filing would not directly impact the new case. (14.Sep.2023)

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The post At the end of 2021, I filed an EB5 case based on an investment of $500,000 in a regional center located in a rural area. My I-526 is still pending. Can I now make an additional $400,000 investment so that I fall under the new EB5 rural category? And would this allow me to then file my I-485, since that EB5 category is current? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Generally speaking, a U.S. citizen living abroad may sponsor their spouse for a green card, as long as they plan to move to the U.S. once the immigrant visas are issued. (14.Sep.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 am a U.S. citizen but have been living in India for several years. I am soon getting married to an Indian citizen. Can I sponsor her for a green card, even though I don’t live in the U.S.? appeared first on Murthy Law Firm | U.S Immigration Law.

New USCIS guidance on EB1A & EB1B. Mostly positive on evaluating evidence, USCIS still forgot: 2nd step of analysis requires evaluating total worth of I-140 evidence.

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Many foreign nationals hold some mistaken beliefs related to the employment authorization document (EAD). Laws and regulations that govern employment through the EAD may differ substantially from the rules that govern work authorization provided by nonimmigrant status, such as H1B. Foreign nationals must make efforts to avoid inadvertently engaging in unauthorized employment by failing to understand such differences.

Background: Timing and Basis for EAD

Various classes of foreign nationals in the United States are eligible to apply for an EAD. Eligibility can stem from a pending adjustment of status application (form I-485), or from L-2 dependent status, or any of the number of other options listed on the application for employment authorization (form I-765) instructions. The foreign national generally must be in the United States in order to apply for an EAD. Further, a foreign national who already possesses a valid EAD typically can file an application to renew the document no earlier than 180 days before the existing EAD expires to avoid a possible gap in employment authorization.

Automatic Extension of Work Authorization

The EAD allows a beneficiary to work only upon approval of the application. When applying to renew an EAD, certain applicants may qualify for automatic extension of their employment authorization while their renewal application is pending. To be eligible for continued employment authorization, the applicant must meet certain requirements, including submitting a renewal application prior to the expiration of the current EAD in the same category that is specifically designated for automatic extension.

Ordinarily, employment authorization based on a pending extension application continues for up to 180 days or the denial of such request, whichever is earlier. However, based on the temporary final rule that went into effect on May 4, 2022, qualifying automatic extensions may continue for up to 540 days, subject to limited circumstances. Those include pending applications filed prior to May 4, 2022 regardless of whether the 180-day extension already expired, and those filed between May 4, 2022 and October 26, 2023. Qualifying renewal EAD requests filed after October 26, 2023 are subject to the standard 180-day automatic extension.

Notably, some categories, such as J-2 nonimmigrants, are not eligible for automatic extension and will need to wait for the approval of the extension EAD to resume employment. Also, for certain categories, most notably H-4, the automatic extension only applies through the applicant’s I-94 expiration date.

Likely Source of Confusion: Rules for Pending Nonimmigrant Petitions

Confusion with respect to employment authorization while an application is pending likely arises from a different set of regulations that apply to H1B cases and other work-authorized nonimmigrant categories. In most circumstances, the timely filing of a petition to extend status for a foreign national in a work-authorized nonimmigrant status, automatically serves to provide the individual with continued work authorization while the petition remains pending. This authorization is generally limited to a 240 day period. But, this rule does not apply to EAD applications.

Conclusion: Plan Ahead and Get Advice

Those relying on the EAD for work authorization generally should file their EAD renewal applications as early as permitted under the regulations, which, again, will usually be 180 days before the current EAD expires. There are serious potential immigration consequences that can result from engaging in unauthorized employment. Therefore, foreign nationals who find themselves facing a lapse in work authorization should seek legal advice. Murthy Law Firm attorneys are available to discuss possible options and risks regarding EAD applications and work authorization in the United States.

While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers.

 

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The post Employment Authorization Document Misconceptions appeared first on Murthy Law Firm | U.S Immigration Law.

Have your Priority Date ready to check against the October 2023 Visa Bulletin when it comes out! EB1, EB2, and EB3 immigrants get to use the earliest one. Refresh your understanding of priority dates here.

The post Prepare for the October 2023 Visa Bulletin appeared first on Murthy Law Firm | U.S Immigration Law.

Options for those whose employment has unexpectedly ended are discussed by Murthy Law Firm attorneys in the September 2023 podcast in this series for employers. The strategies touched upon include change of employer in H1B status, change of status to B, and filing a compelling circumstances EAD.

The MP3 is available here and will soon be available in the archive of our teleconferences and podcasts on iTunes.

The post MurthyAudio: Layoffs – Options for Employees appeared first on Murthy Law Firm | U.S Immigration Law.