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

Purpose of the VIBE Program

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

Applications Subject to VIBE Verification

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

VIBE Confirmation Requests

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

Employers Can Be Proactive

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

Conclusion

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

 

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

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

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

 

 

         

The post MurthyAudio: Why the H1B $100K Fee is Unlawful appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

There is no need to add one’s wife to the I-140 in this situation. When the priority date is current, both spouses generally are eligible to file their I-485 applications, regardless of whether the spouse is listed in the I-140. (04.Nov.2025)

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

 

 

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

Answer

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

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

Answer

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

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

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

The post DHS Proposes Major Biometrics Rule Change appeared first on Murthy Law Firm | U.S Immigration Law.

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

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

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

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

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

FLAG System Restored to Full Operation

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

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

H2A and H2B Job Registry Operational

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

Impact on Pending and New Applications

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

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

Conclusion

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

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

 

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The post FLAG System Restored; DOL Resumes Processing of PERMs and H1B Labor Condition Applications appeared first on Murthy Law Firm | U.S Immigration Law.

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

Immediate Effective Date with No Retroactive Application

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

Categories Affected by the Rule

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

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

Impact on Employers and Form I-9 Requirements

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

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

What Foreign Nationals Should Do

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

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

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

Public Comment Period

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

Conclusion

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

 

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

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

The post USCIS Ends New EAD Automatic Extensions appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

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

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 If I file an H1B petition to work for my own company, does the position still have to be a specialty occupation? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

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

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

Answer

Generally, all documents submitted to the USCIS must be in English or accompanied by an English translation. Translated documents must be certified by the translator as complete and accurate, and the translator must certify competency to translate from the foreign language into English. (28.Oct.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 What is the process for submitting documents to the USCIS that are not in English? appeared first on Murthy Law Firm | U.S Immigration Law.

An applicant for adjustment of status (form I-485) or naturalization (form N-400) may face denial on two broad legal grounds: mandatory and discretionary. Understanding when a denial is compelled by statute, as opposed to when it reflects a negative exercise of discretion, is essential for strategic planning and case presentation.

Mandatory vs. Discretionary Denials

A mandatory denial is one that the U.S. Citizenship and Immigration Services (USCIS) must issue under statute or regulation if certain disqualifying facts are present. For example, for adjustment of status, an applicant may be barred based on a certain type of conviction for, or a commission of, a criminal offense. If the applicant fails to meet a mandatory eligibility requirement, the USCIS must deny rather than weigh factors.

By contrast, a discretionary denial arises when the officer can choose whether to deny the application even if the statutory eligibility requirements are satisfied. In a discretionary adjudication, the officer balances positive and negative factors to see what is communicated by the totality of these circumstances. The USCIS Policy Manual explains that, for discretionary benefits, the applicant must first clear the mandatory eligibility thresholds, and only then may discretion be considered.

In the adjustment of status context, the USCIS confirms that many adjustment cases are discretionary and that even if all eligibility criteria are met, the USCIS must decide whether the applicant “warrants a favorable exercise of discretion.”

Understanding Discretionary Denials

In immigration adjudications, discretion means that the USCIS may decline to approve a benefit even when the applicant meets all statutory and regulatory criteria. The decision hinges on whether the negative factors in the applicant’s history outweigh the positive ones.

Under the current policy regime, the USCIS has signaled stronger and more explicit consideration of negative discretionary factors and expanded grounds for what may be considered disqualifying conduct. For example, the USCIS has indicated that support for “anti-American” or antisemitic ideologies will be treated as overwhelmingly negative factors. Some other examples of negative factors include past immigration violations or unauthorized employment, misrepresentations or inconsistencies, failure to pay taxes or child support, arrests even if not culminating in conviction, or association with ideologies judged “anti-American” or extremist in nature.

Positive factors that may mitigate negatives include long-term U.S. residence, strong family ties, community involvement, consistent tax compliance, rehabilitation after past mistakes, and humanitarian or compelling circumstances such as medical needs or family hardship.

When Ordinary Conduct Becomes “Negative” in Immigration Cases

Many acts that resolve quietly for U.S. citizens or leave no long-term record may provoke scrutiny or negative inference in immigration adjudications. A dismissed or expunged arrest may be harmless for most people, but for an immigrant, it may still be flagged as conduct requiring explanation. Slightly different dates or addresses across forms may be viewed as misrepresentation rather than innocent error. Past lawful use of public benefits may be perceived as a negative factor in discretionary review. Even youthful or minor misconduct that resulted in no conviction may resurface decades later.

These actions often leave no lasting record, but under a discretionary lens, the USCIS may infer a negative pattern of behavior. The remedy is careful presentation of context and evidence of reform and new behavior patterns through affidavits explaining the circumstances, letters of community support, records showing no recurrence, and proof of positive contributions and lawful conduct.

Applicants should proactively review their history before filing to identify such risks and prepare explanatory evidence. In many cases, these potential negatives can be neutralized or contextualized so that they do not outweigh positive equities.

Documentary Requirements: Naturalization (N-400) vs. Adjustment (I-485)

The USCIS imposes different evidence obligations for naturalization and adjustment applicants, particularly regarding arrests and court dispositions. For naturalization, the USCIS Policy Manual  states that applicants must provide certified court dispositions for offenses committed during the statutory period, as well as in the following circumstances regardless of conviction: arrests for criminal acts during the statutory period, arrests on or after 29.Nov.1990, that may be aggravated felonies, arrests for murder, arrests for any offense that would render the applicant removable, arrests outside the statutory period that, when combined with others, would preclude good moral character, and arrests where the applicant is still on probation at the time of adjudication or may have been incarcerated for 180 days during the statutory period.

Because of these limits, most naturalization applicants will not need to submit court documents when filing. However, the USCIS still may issue a request for evidence for additional records, giving the applicant a chance to respond and provide context.

In contrast, adjustment applicants must submit original or certified copies of arrest records or court dispositions for any prior arrest, regardless of outcome. This requirement generally is nonwaivable and stricter than the naturalization standard.

Responding to Discretionary Concerns

When the USCIS indicates discretionary or negative concerns in a request for evidence or during an interview, applicants should emphasize rehabilitation and changed circumstances. Submitting strong positive equities such as community letters, volunteer records, employment documentation, tax returns, and family support can demonstrate reform and responsibility. A personal statement that provides context, without minimizing the incident, can humanize the applicant and show accountability. Applicants also should address the specific concerns raised, explaining each event clearly. Proactive preparation with an attorney can help identify issues early and shape the narrative in a favorable light. If the USCIS issues an unfavorable decision, a motion to reopen or motion to reconsider may be advisable, if it is available.

Conclusion

Denials of immigration benefits, such as I-485 and N-400 applications, rest on two distinct legal bases. Mandatory denials are compelled by statute or regulation, leaving no room for discretion. Discretionary denials hinge on balancing negative and positive factors and, in recent months, the USCIS has broadened the range of conduct that may be viewed negatively. Minor events such as dismissed arrests, inconsistent paperwork, or youthful mistakes that would have little impact for U.S. citizens may carry significant consequences for immigrants. To counter this, applicants should anticipate possible concerns, document positive contributions, and present evidence of reform and good moral character.

Attorneys at the Murthy Law Firm continue to monitor adjudication trends and assist clients in preparing the strongest possible cases for adjustment of status and naturalization.

 

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The post Mandatory and Discretionary Bases for Denying Forms I-485 and N-400 appeared first on Murthy Law Firm | U.S Immigration Law.

The U.S. Chamber of Commerce has filed a lawsuit seeking to prevent the U.S. Citizenship and Immigration Services (USCIS) from implementing the $100,000 fee for H1B petitions imposed by presidential proclamation in September 2025. The complaint challenges both the legal authority for the fee and its practical impact on American businesses and the broader economy.

Background on the H1B Program

The H1B visa program has operated for over seventy years as a mechanism for U.S. employers to access specialized talent in fields such as engineering, science, medicine, and technology. Congress established the program with specific requirements designed to balance employer needs for skilled workers with protections for American workers, including prevailing wage requirements, annual numerical limitations, and maximum periods of stay.

Under the statutory framework and implementing regulations, standard H1B petition fees historically have totaled approximately $3,600 per case. These fees are structured to recover the costs of immigration services, fraud prevention, and program administration.

The Presidential Proclamation

The September 2025 presidential proclamation imposed a $100,000 fee on certain H1B petitions, representing a nearly thirtyfold increase over existing fee levels. According to statements from the White House Press Secretary and Secretary of Commerce, the fee appears to apply primarily to initial H1B petitions for individuals who have not previously held H1B status, though significant questions remain about the precise scope and application of the requirement.

For employers ranging from large corporations to small businesses and startups, the fee represents a substantial financial burden that could affect hiring decisions and workforce planning.

Legal Arguments in the Chamber’s Complaint

The Chamber of Commerce’s lawsuit centers on the argument that the presidential proclamation exceeds executive authority under the Immigration and Nationality Act. The complaint asserts that Congress has established specific procedures for setting immigration fees through statute and regulatory rulemaking, and that the $100,000 fee imposed by executive order circumvents these legislative frameworks.

The lawsuit contends that immigration fee levels fall within Congress’s constitutional authority and that any substantial changes to fee structures can only proceed through proper statutory or regulatory channels rather than unilateral executive action.

Economic Impact Concerns

Beyond the legal arguments, the complaint addresses the economic consequences of the fee requirement. The Chamber argues that the substantial cost increase will impede businesses’ ability to access specialized talent, potentially affecting job creation, innovation, and American competitiveness in the global economy. The fee may effectively close pathways for many employers, particularly smaller companies and startups that lack the resources to absorb such significant additional costs for each foreign national hire.

Current Status and Next Steps

The lawsuit joins other pending legal challenges to the presidential proclamation. The court will need to determine whether the executive branch possesses authority to impose fees of this magnitude outside the statutory framework Congress has established for immigration benefit costs. As litigation proceeds, employers and immigration practitioners await clarity on both the legal validity of the fee and any potential preliminary relief that might suspend its implementation pending final judicial resolution.

Conclusion

The U.S. Chamber of Commerce’s lawsuit raises fundamental questions about the separation of powers and the proper procedures for establishing immigration benefit fees. The outcome of this litigation could have far-reaching implications for the H1B program and executive authority over immigration policy. The Murthy Law Firm will continue to monitor developments in this case and provide updates as the litigation progresses.

 

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The post U.S. Chamber of Commerce Files Lawsuit Challenging $100,000 H1B Fee appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

No, the $100,000 fee would not apply to an F-1 student, if the H1B is approved as a change of status. (23.Oct.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 still confused about the $100,000 fee. If am in the U.S. in F-1 status and am hoping to change status to H1B in next year’s lottery. Does the fee apply in this situation? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Ordinarily, yes, the priority date from any I-140 petition filed for an EB1, EB2, or EB3 case can be applied for any other EB1, EB2, or EB3 case filed for the same beneficiary. (23.Oct.2025)

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The post A few years ago, my EB2 I-140 was approved based on my position as a Software Engineer. Last year, I went to India to work for our parent company as a manager for one year, and my employer is now filing an EB1(c) I-140 for me. Can I use the priority date from my Software Engineer position and apply it to my managerial position? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

We have heard this claim many times, but we have not seen any evidence to support the contention that an H1B petition (or any other type of petition) has a greater risk of denial because premium processing was requested. (23.Oct.2025)

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The post Is it true that using premium processing increases the chances an H1B petition will be denied? appeared first on Murthy Law Firm | U.S Immigration Law.

A soon-to-be-published proposed rule would cut EB5 filing fees by 14% to 61%, add a $95 tech fee, clarify I-829 filings for derivatives, and set processing time goals under the EB5 Reform & Integrity Act. 60-day comment period is expected. Read more.

The post USCIS Proposes Reduced EB5 Fees appeared first on Murthy Law Firm | U.S Immigration Law.