US Immigration News

Today, the U.S. Department of State (DOS) released the August 2025 Visa Bulletin. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified.

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

There is no change in the EB1 category for August 2025. The EB1 cutoff date for India continues to be 15.Feb.2022, and EB1 China remains 15.Nov.2022. The EB1 category remains current for all other countries of chargeability.

Employment-Based, Second Preference (EB2) Category

In the EB2 category, India’s cutoff date holds steady at 01.Jan.2013. Similarly, EB2 China keeps a cutoff date of 15.Dec.2020. The EB2 cutoff date for all other countries retrogresses to 01.Sep.2023.

Employment-Based, Third Preference (EB3) Category

The only movement in the EB3 category is India’s cutoff date that advances to 22.May.2013. China’s EB3 cutoff date holds still at 01.Dec.2020. Philippines’ EB3 cutoff date remains 08.Feb.2023. The EB3 cutoff date for all other countries of chargeability is 01.Apr.2023.

EB3 Other Workers

In the EB3 category for other workers, India’s cutoff date continues to align with the standard EB3 cutoff at 22.May.2013. For China, the cutoff remains 01.May.2017. The EB3 other workers’ category carries a cutoff date of 08.Jul.2021 for all other countries of chargeability.

Employment-Based, Fourth Preference (EB4) Category

As with recent months, the EB4 category remains unavailable (U) for all countries of chargeability. The unavailability is expected to persist through the remainder of the fiscal year, which ends 30.Sep.2025, with availability likely resuming in October 2025.

Employment-Based, Fifth Preference (EB5) Category

The EB5 unreserved category for India sees some relief, with the cutoff date moving ahead to 15.Nov.2019. Similarly, China’s unreserved cutoff date sprints forward to 08.Dec.2015. 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.

Conclusion

We will continue to monitor and report movement and predictions related to the monthly visa bulletin. Subscribe to the free MurthyBulletin to receive weekly updates.

 

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The post August 2025 Visa Bulletin appeared first on Murthy Law Firm | U.S Immigration Law.

As noted in the MurthyDotCom NewsBrief, USCIS Notice to Appear (NTA) Memo Could Result in Harsh Consequences (04.Mar.2025), the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum in February 2025, expanding the types of situations that may lead to the issuance of a notice to appear (NTA) – a document initiating removal proceedings before an immigration court. Some individuals now are receiving NTAs under circumstances not explicitly outlined in the February 2025 memo. This trend most commonly affects those who are alleged to have fallen out of valid nonimmigrant status.

NTAs for Individuals with Pending Immigration Applications

Some NTAs have been issued recently due to claims that the individuals exceeded the duration of their lawful stay in the U.S. Many of these individuals have pending applications for adjustment of status (on form I-485), which may allow them to remain in the U.S. lawfully while awaiting a decision (i.e., in a period of authorized stay). In some cases, these applicants are working pursuant to an employment authorization document (EAD), but their prior nonimmigrant status – such as H1B – may have ended.

For example, if an employer notifies the USCIS of a job termination, the individual’s prior nonimmigrant status may be considered ended, which could lead the USCIS to issue an NTA. In other cases, an NTA may be triggered by an application for a change or extension of nonimmigrant status that is perceived to have been filed late (i.e., after the expiration of the previous status).

An NTA can carry serious consequences. Once it is issued, the USCIS may consider the individual to be accruing unlawful presence. As detailed in the MurthyDotCom InfoArticle, Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence (19.Apr.2022), extended periods of unlawful presence may lead to restrictions on returning to the U.S. in the future.

Immigration Court Hearings and Departure from the U.S.

When an NTA is issued, the individual is scheduled for a hearing before an immigration judge. The first hearing, known as a master calendar hearing (MCH), is usually procedural in nature, and it may take years for a full hearing on the merits of the case to be scheduled.

If a person leaves the U.S. after an NTA is issued but before attending the hearing, this may be considered a self-removal, which can result in a multi-year bar on returning to the U.S. In some situations, individuals may request voluntary departure, agreeing to leave the U.S. without contesting the charges. This may help avoid certain penalties that apply after a formal removal order.

Conclusion: Importance of Individualized Legal Guidance

It remains unclear why the USCIS is issuing NTAs in some cases where individuals appear to be in a period of authorized stay based on pending applications. Every case is different, and small details may have a significant impact on how the USCIS views a person’s status. Anyone who receives an NTA should speak with a qualified immigration attorney promptly to evaluate the specific facts and determine the appropriate next steps.

 

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The post Expanded Use of Notices to Appear (NTAs) Since Feb 2025 appeared first on Murthy Law Firm | U.S Immigration Law.

Today, a federal judge issued a new nationwide injunction against Donald Trump’s executive order that attempted to severely limit who is eligible for birthright citizenship. The judge issued this injection after certifying the suit filed by the American Civil Liberties Union (ACLU) as a class action. For the time being, based on this injunction, virtually all people born in the United States will be considered U.S. citizens at birth.

 

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The post NewsFlash! Nationwide Injunction Again Issued Against Trump’s Birthright Citizenship Executive Order appeared first on Murthy Law Firm | U.S Immigration Law.

President Trump signed a spending bill, dubbed the “Big Beautiful Bill,” into law on 04.Jul.2025. While the bill does not fundamentally change who is eligible for U.S. immigration benefits or create new, legal pathways, it dramatically increases funding for immigration enforcement and increases the financial cost to stakeholders for many immigration programs.

Enforcement Funding

This spending bill allocates approximately $170 billion for immigration enforcement and border operations. The bill calls for more U.S. immigration and Customs Enforcement (ICE) officers to be hired, and some of the funding will be used to increase the number of detention centers. Needless to say, the number of people placed in deportation proceedings is presumed to increase, as well.

Fee Increases and New Costs

The bill will increase the cost for foreign nationals applying for immigration benefits in a number of ways. Key changes include:

• Asylum Applications
  • $100 fee for initial filing (previously free)
  • $100 annual fee while the application is pending
• Employment Authorization Document (EAD)
  • $550 for initial EAD for both asylum seekers and parole applicants
  • $275 for each renewal (maximum validity of one year)
• Temporary Protected Status (TPS)
  • $500 application fee (up from $50)
  • $550 for initial EAD, $275 for each renewal
• Visa Integrity Fee
  • A new $250 fee, adjusted annually for inflation, for all nonimmigrant visa “stamping” applicants (including visitors, students, and workers)
    • If a number of conditions are met, the applicant may seek reimbursement after the expiration of the visa.
• Appeals and Motions
  • $900 fee to appeal an immigration judge’s decision (up from $110)

In addition to the added fees, the bill also adds a one percent excise tax to many remittances sent from the United States to another country. While not directly related to immigration, this provision obviously will have the potential of impacting foreign nationals seeking to send money to loved ones in their home country.

Conclusion

This spending bill raises the cost of applying for many immigration benefits, with a strong focus on enforcement and deterrence. This undoubtedly will continue to make the U.S. immigration system more challenging to navigate.

 

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The post Immigration Impact of ‘Big Beautiful Bill’ appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

We have heard a few similar accounts. But, no, there is no limit to the amount of time an H1B worker may remain outside the U.S. and an LCA is not required for employment by a U.S. company of a foreign national who is located outside of the U.S. In fact, it is legally impossible for an LCA or H1B petition to be filed for a work location that is outside the United States.

That being said, anyone returning from an extended trip abroad should be prepared to present evidence that the H1B job is still available. We typically recommend the individual carry an updated letter from the employer, verifying the basic details of the position. (09.Jul.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 working on H1B and my employer has agreed for me to work from India for a few months, due to family reasons. I read online that there is a limit to how long an H1B worker may remain abroad. Is this true? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Yes, as things stand now, a child born in California would still be considered a U.S. citizen.

California is one of 22 U.S. states that filed a lawsuit against the Trump administration regarding his executive order that purports to end birthright citizenship. This led to issuance of an injunction. And, although a recent U.S. Supreme Court decision ended the nationwide injunction, it left in its place an injunction that still covers people born in these 22 states. (09.Jul.2025)

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The post I am working in H1B status in California. My wife, who is on H-4, is due to give birth in a few weeks. Will my child be considered a U.S. citizen? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

If your spouse was born in Sri Lanka, you can apply based on cross-chargeability using her country of birth instead of India. In other words, your pending green card case can be counted under your spouse’s country of birth rather than your own.  (09.Jul.2025)

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The post I have an approved I-140. I was born in India and my spouse was born in Sri Lanka. Is it true that I can file my I-485 based on her country of birth? appeared first on Murthy Law Firm | U.S Immigration Law.

It is the time of year when many former F-1 students are preparing to transition to H1B status. During this period, many F-1 students wish to travel abroad to visit family and friends, leading to questions about how such travel may affect their change to H1B status. This article serves as an overview of the most common travel concerns during this time.

F-1 Travel Prior to Start Date of Approved H1B

As a general rule, if one travels abroad while a change-of-status petition or application is pending, the change-of-status request will be deemed abandoned. But, if an H1B petition is filed requesting a change of status for a future start date, and the individual departs the U.S. after the case has been approved, then the change-of-status request generally will not be abandoned. In this scenario, in order to avoid abandoning the request for the change in status, the individual must return to the United States in the same nonimmigrant status held when they departed, and this return must occur prior to the start date of the approved H1B change of status.

Travel on OPT Transitioning to H1B Petition

For transitioning students who are currently working pursuant to OPT or STEM OPT, there are some additional considerations when contemplating travel abroad. Students need to make sure that they have all necessary travel documents prior to departure.

A student must at least have the following valid, unexpired documents: F-1 visa “stamp,” EAD card, passport, and a form I-20 endorsed for travel within the preceding six months. There is guidance indicating it is permissible to travel while the EAD application remains pending, but there have been reports of F-1 students running into difficulties at U.S. ports of entry based on lacking the approved EAD. To reenter in F-1 OPT status, the student also must have a job or job offer when departing the United States and must be returning to work in the offered job.

Example: An employer files an H1B cap-subject petition for an F-1 student. The H1B petition requests a change of status from F-1 to H1B, with a start date of October 1st. The student’s OPT is valid until November 30th. The H1B petition is approved on July 1st. The F-1 student leaves for travel abroad on August 1st and reenters the United States in F-1 OPT status on September 1st. Based on these facts, the change of status to H1B would take effect on October 1st, because the change of status on that date is regarded as the last action.

Avoid Travel During H1B Cap-Gap Relief

As explained, travel on OPT requires a valid, unexpired OPT card. Some students have extended permission to work after the expiration of the OPT under what is known as “cap-gap” relief. These students may remain in the United States and benefit from cap gap. However, this option will be lost if they travel outside the United States. They would not be able to return to the U.S. to utilize the remaining F-1 OPT cap-gap time. Students in this situation should consult with a qualified immigration attorney prior to planning any travel abroad.

Conclusion

Students often use some of the time during their transition from school to professional employment to travel to their home countries. As explained in this article, this is an option for some students, but not for others. Students should seek proper advice regarding their travel plans, so that they can understand their options and risks. The attorneys at the Murthy Law Firm are available to provide this guidance.

Originally posted 26.May.2012, this NewsBrief has been updated for MurthyDotCom readers.

 

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The post H1B Transition Issues: International Travel appeared first on Murthy Law Firm | U.S Immigration Law.

A basic overview of the PERM based green card process is discussed by Murthy Law Firm attorneys in this MurthyAudio production from 02.Jul.2025, recommended for employers and their representatives. Included in this topic are the Labor Certification (ETA 9089 form), I-140 immigrant petition, and I-485 application to adjust status.

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

 

 

         

The post MurthyAudio: Basic Overview of PERM-Based Green Card appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

The USCIS likely will announce whether a second lottery will be necessary by the end of July or beginning of August. (02.Jul.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 When will we know if there is going to be a second H1B lottery? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Unfortunately, this is a difficult scenario. The spouse with the green card must file an I-130 petition in the FB2A category, but this category is retrogressed by several years. The foreign national spouse potentially can come on a nonimmigrant visa of their own, such as an H1B or L-1 visa; but “purely” nonimmigrant visas, like F-1 student or B-2 visitor likely would be refused because of immigrant intent. (02.Jul.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 a green card holder and recently got married to someone in India. Is there a quick way to bring them to the U.S. with a green card? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Yes, if the PERM was filed in time to qualify for the H1B extension under the 365-day rule, it is possible to obtain the extension based on the pending MTR or appeal. The MTR or appeal is enough to keep the case “alive” so that the beneficiary qualifies for more H1B time. (02.Jul.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 My EB3 I-140 was denied and a motion to reopen (MTR) was filed. Is it possible to use this case for purposes of extending my H1B status beyond six years? appeared first on Murthy Law Firm | U.S Immigration Law.

Following the implementation of the travel ban implemented on 09.Jun.2025, many foreign nationals have been left with questions regarding their eligibility for visa issuance and admission to the United States. While the proclamation restricts entry for many, it includes provisions for exceptions, including a national interest exception (NIE). In a recent eMail issued in response to a Congressional inquiry, the U.S. Department of State (DOS) has shed some light on how the NIE process will be administered.

DOS Guidance on the NIE Standard

A person who is subject to the travel ban is not prevented from submitting a visa application at a consular post. Any potential exceptions, including the NIE, may be considered by the consular officer during this standard process.

The information provided by the DOS clarifies several key points about the high standard that will be applied when considering an applicant for an NIE. Applicants should be aware of the following:

• An applicant must first be found otherwise eligible for the visa before a consular officer will even make a determination regarding an NIE.
• There is no separate form or application to request an NIE. The assessment will be made by the consular officer at the time of the interview.
• Routine purposes of travel, such as visiting family members, standard business travel, employment, or study in the United States, typically will not be considered as advancing a U.S. national interest.
• The DOS anticipates that national interest exceptions will be “very rare.”

Conclusion

The guidance from the DOS underscores that, while an NIE pathway for an exception to the travel ban exists, it is extremely narrow. Foreign nationals whose travel is for routine purposes should not expect to qualify for an NIE. The burden is on the applicant to demonstrate that their travel meets the very high standard of being in the U.S. national interest, a determination that is made on a case-by-case basis at the discretion of the consular officer.

 

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The post DOS Clarifies National Interest Exception Process for Travel Ban appeared first on Murthy Law Firm | U.S Immigration Law.

Effective 01.Jul.2025, text (SMS) messages received from USCIS will be from the phone number 872466 (USAIMM). Beware of scams!

The post New Text Number for Messages from USCIS appeared first on Murthy Law Firm | U.S Immigration Law.

Today, the U.S. Supreme Court issued a decision in the lawsuit challenging President Trump’s executive order (EO) that limits birthright citizenship. Trump issued the EO immediately after taking office in January 2025, severely limiting who automatically becomes a U.S. citizen upon being born in the United States. Following a series of lawsuits, several federal courts issued nationwide injunctions, blocking the implementation of the EO. The Supreme Court sidestepped the issue of whether this EO is unconstitutional, and instead ruled that a federal court cannot issue a nationwide injunction against such an order.

Federal courts now can only pause a law or policy to the extent that it applies to those who bring the lawsuit, but not for similarly affected individuals throughout the entire country. The decision could impact the ability of federal courts to pause other immigration laws or policies set forth by the administration.

In the meantime, CASA, one of the plaintiffs suing to block the EO, has already moved to convert the lawsuit to a class action on behalf of “[a]ll children who have been born or will be born in the United States on or after February 19, 2025, who are designated by Executive Order 14,160 to be ineligible for birthright citizenship, and their parents.” If successful, it is possible an injunction could be issued covering this entire class of people.

 

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The post NewsFlash! Supreme Court Ducks Birthright Citizenship Question appeared first on Murthy Law Firm | U.S Immigration Law.

In a 6–3 decision today, the U.S. Supreme Court ruled that lower courts may not issue nationwide injunctions so broadly, but they retain authority to impose limited injunctions in specific cases.  This significantly eases a path for the Trump administration to implement an Executive Order against automatic birthright citizenship – an order lower courts previously blocked across USA.

The post Supreme Court Rules – Nationwide Injunctions Narrowed appeared first on Murthy Law Firm | U.S Immigration Law.

If U.S. consular officers determine that an applicant committed fraud or willful misrepresentation to obtain an immigration benefit, they can make a finding under Immigration and Nationality Act (INA) 212(a)(6)(C)(i) that makes the applicant inadmissible to the United States. A finding of fraud or willful misrepresentation can result in a permanent bar to entry into the United States and therefore can be a serious obstacle to an individual’s U.S. immigration process. If such a finding is made, it is critical for an individual to understand the options for challenging this finding or obtaining a waiver of the permanent bar to entry.

Overview of a 212(a)(6)(C)(i) Finding

A 212(a)(6)(C)(i) inadmissibility finding occurs when a consular officer determines that an individual knowingly misrepresented a material fact to procure an immigration benefit. This includes providing false information on a visa application or other immigration document, or when otherwise seeking admission to the U.S. A finding of fraud or willful misrepresentation imposes a permanent bar to admissibility into the U.S. unless the individual can successfully challenge the finding or obtain an inadmissibility waiver.

Challenging the Finding

If an individual believes the inadmissibility finding is incorrect, the individual can request reconsideration of the finding by presenting new evidence to a consular officer. Valid grounds for challenge include cases where the misrepresentation was unintentional, the information was not material to the case, or there is corrected documentation proving the individual’s eligibility. Sufficient evidence may include affidavits, corrected documents, or other proof demonstrating that the error did not impact the individual’s overall eligibility. If the consular officer determines that the new evidence conclusively demonstrates that the individual did not commit fraud or willfully misrepresent a material fact, then the officer may reconsider the previous finding. It is the visa applicant’s burden to establish admissibility.

Applying for a Waiver of Inadmissibility

If the finding of fraud or willful misrepresentation cannot be challenged, then an individual may be able to obtain a waiver of inadmissibility. The requirements for obtaining a waiver vary depending upon whether an individual is seeking an immigrant or nonimmigrant visa. For an immigrant visa – that is, where a person is applying for a green card through a consular post – an individual must file Form I-601 with the USCIS to request a waiver and demonstrate that a denial of entry would cause extreme hardship to a qualifying relative. A qualifying relative for this type of waiver would be a U.S. citizen or lawful permanent resident spouse or parent.

For a nonimmigrant visa, a waiver is requested during the consular visa interview. There is no specific form for such a waiver. Rather, an individual typically submits a written request with details of the travel purpose, evidence of strong ties to the home country, if applicable, and supporting documentation. A consular officer will consider all factors presented to determine whether to recommend an approval of the waiver.

Conclusion

Overcoming a finding of inadmissibility due to fraud or willful misrepresentation requires careful preparation and prompt action. Given the permanent consequences and procedural complexity involved, it is advisable that those faced with a specific inadmissibility issue consult with an experienced immigration attorney to discuss any applicable options to resolve it. The Murthy Law Firm regularly assists in inadmissibility findings and any individual seeking assistance is encouraged to schedule a consultation to obtain specific advice.

 

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The post Overcoming a Finding of Fraud or Willful Misrepresentation at the Consulate appeared first on Murthy Law Firm | U.S Immigration Law.

Trump’s 2025 Proclamation suspending visa issuance for specific countries allows for rare case‑by‑case exceptions if travel “serves a U.S. national interest,” decided by the State in coordination with DHS. Visa applicants must be eligible and explain with their DS160 how their travel advances U.S. interest. No separate application exists.

The post Travel Alert: National Interest Exception for P 10949 appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

The U.S. Department of Labor requires that the employer pay for the PERM labor certification and related expenses. The USCIS does not have the same view, so the expenses of the I-140 and I-485 (legal fees, filing fees, costs) can be paid for by the individual or the employer or be shared, as they wish. (25.Jun.2025)

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The post Can an employee pay for the green card processing expenses? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

In order to qualify as a multinational manager / executive under the EB1(c) category, the foreign national generally must work for the foreign entity while physically outside the United States for at least one year. (25.Jun.2025)

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The post I currently work based on an H-4 EAD for a U.S. company that has an affiliate in India. Could I work from the U.S. for the Indian entity for one year and then qualify for an EB1(c) green card? appeared first on Murthy Law Firm | U.S Immigration Law.