US Immigration News

Answer

Unfortunately, the U.S. Consulate General in Mumbai is the only consular post in India that processes and issues immigrant visas. (14.Apr.2026)

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 an Indian national and my immigrant visa interview was scheduled at the U.S. Consulate General in Mumbai, but I live very far away. Can the interview be moved to another consulate closer to me? appeared first on Murthy Law Firm | U.S Immigration Law.

The annual gala on April 11, 2026 hosted by Community College of Baltimore County (CCBC) was far more than a formal evening—it is a cornerstone event that brought together philanthropy, community, and education in a meaningful way. At its heart, the gala serves as a major fundraiser, generating vital support for student scholarships, academic programs, and institutional initiatives. The funds raised help expand access to education, strengthen workforce development, and enable the college to continue serving a diverse and ambitious student body across the Baltimore region.

A strong contingent of 16 members of the Murthy Law Firm, with their families and friends attended the annual CCBC gala on Saturday, April 11, 2026, at Martin’s West in Baltimore, Maryland. The MurthyNAYAK Foundation has long supported education and empowerment, recognizing them as essential pathways for individuals to advance socially and economically—both globally and within our own community in Baltimore, Maryland.

The gala functions as a celebration of the people and partnerships that make this work possible. Business leaders, donors, educators, and community members gather for an elegant evening of dinner, entertainment, and shared purpose. Through awards and recognitions, the event highlights individuals and organizations whose contributions have had a lasting impact. The atmosphere strikes a thoughtful balance between festivity and intention—an occasion that not only raises significant funds, but also reinforces a collective commitment to opportunity, education, and community growth.

 

 

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The post Bringing Together Philanthropy, Community & Education at the CCBC Gala 2026 appeared first on Murthy Law Firm | U.S Immigration Law.

The U.S. Department of State (DOS) has released the May 2026 Visa Bulletin. There is little to no forward movement for most employment-based categories. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified.

Filing Charts for May 2026

The U.S. Citizenship and Immigration Services (USCIS) has announced that for May 2026 all employment-based preference categories must use Chart A to determine filing eligibility. All family-sponsored preference categories can still file based on the dates for filing chart (i.e., Chart B). Applicants should verify their eligibility on the USCIS website before filing.

Visa Bulletin SummaryEmployment-Based, First Preference (EB1) Category

In the EB1 category, both China and India’s cutoff date remain at 01.Apr.2023. 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 remains at 15.Jul.2014. EB2 China still has a cutoff date of 01.Sep.2021. The EB2 cutoff date for all other countries is current for April 2026.

Employment-Based, Third Preference (EB3) Category

EB3 India’s cutoff date remains at 15.Nov.2013. China’s EB3 cutoff date remains at 15.Jun.2021. The EB3 cutoff date for all other countries of chargeability also remains at 01.Jun.2024.

EB3 Other Workers

In 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 at 01.Feb.2019. The EB3 other workers category advances substantially to a cutoff date of 01.Feb.2022 for all other countries of chargeability.

Employment-Based, Fourth Preference (EB4) Category

In the EB4 category, the cutoff date remains at 15.Jul.2022. This cutoff date also applies to the EB4 program for certain religious workers, which has been renewed through midnight of 30.Sep.2026. After that, if the program is not renewed by Congress, it will become unavailable.

Employment-Based, Fifth Preference (EB5) Category

The EB5 unreserved category for India remains at 01.May.2022. Meanwhile, China’s unreserved cutoff date moves to 22.Sep.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.

Conclusion

We 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 on the latest in U.S. immigration.

 

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The post May 2026 Visa Bulletin appeared first on Murthy Law Firm | U.S Immigration Law.

Your company has a great employee from another country working on a temporary visa and wants to keep them permanently. That means helping them obtain Lawful Permanent Resident (LPR) status, better known as a green card. For most employers, that journey starts with the PERM Labor Certification process, or in non-technical terms, obtaining permission from the U.S. Department of Labor (DOL) to offer the foreign employee a permanent position in the United States.

The Big Picture: There’s No U.S. Worker to Do the Job

It sounds easy to offer a foreign employee a permanent position, but before the company can do that, the U.S. government requires the company to prove that there is no qualified U.S. worker available. If there is a U.S. worker available, then the U.S. government wants the company to offer the job to that U.S. worker first. The PERM Labor Certification process is how employers prove the need for the foreign worker. In essence, this process tells the DOL: “The company conducted a genuine search for a U.S. worker, and we still need this foreign employee.” This article explains what is involved.

This is a Job Offer for the Future, Not Now

This requires some conceptual acrobatics to grasp. Even if the foreign employee is already working for the company, they are not a permanent worker until they obtain a green card. Therefore, the entire process described here is based on a job offer for the future (i.e., when the employee gets the green card), not for now. This distinction has important strategic implications throughout the process.

Step One: Define the Job Carefully

The company must first document the position’s duties, required education, experience, and any special skills. The government has a strict standard for these requirements: they must reflect the bare minimum requirements needed to perform the job competently. The company cannot tailor the requirements to the employee’s resume. Expect some back-and-forth with the attorney to get this right, especially if the company has not described roles through this particular lens before.

The foreign employee will also need to prove they meet the requirements the company sets, through experience letters, diplomas, or evaluations of foreign credentials.

Step Two: DOL Decides the Salary for the Position

Based on the company’s location and industry, the DOL will tell them the wage that needs to be offered for this position by assigning a “prevailing wage,” which is the minimum salary for the role. This is the amount the company will need to pay the foreign employee once they get the green card. Depending on the employee’s country of birth, that could be years away. Even though the company does not actually need to pay this salary until later, the company must prove a continuing ability to pay that wage until the green card is approved. This is further detailed in the MurthyDotCom InfoArticle, Requirement to Prove Ability to Pay in an I-140 Petition (31.Aug.2020). This is also the wage the company must offer potential U.S. workers during the recruitment period, which comes next.

Step Three: Recruit U.S. Workers for the Position

The government requires a legitimate recruitment campaign to confirm no qualified U.S. workers are available, and this recruitment is done in a way the company likely never has recruited before. The good news is that the DOL tells you exactly how to recruit, but the bad news is that the rules are very strict. The company will need to run two Sunday newspaper ads, a 30-day posting on the applicable state workforce job board, a physical notice and, for professional positions, three additional recruiting methods such as the company website, a job search website, or employee referral program, among other options.

Resumes need to be reviewed, qualifications assessed, and in some cases, candidates must be contacted and interviewed. The rules for what constitutes a legitimate reason to pass on a candidate are nuanced, and this is where experienced legal counsel proves invaluable. If the recruitment turns up a qualified, willing, and available U.S. worker, the company is not required to hire them, but the PERM process ends. The company can try again later but likely will need to begin from scratch.

Step 4: Get Permission from DOL to Make the Permanent Job Offer

If no qualified U.S. worker is found, the company will file the application for labor certification with the DOL. This application neatly packages the prior three steps for the DOL and essentially says: “The company did everything it was required to do to find a qualified U.S. worker, and having found none, please grant permission for the company to sponsor the foreign employee.”

Step 5: Formally Offer the Foreign Employee the Job

Finally, the company will make the formal job offer to the foreign employee by filing an I-140 petition with the U.S. Citizenship and Immigration Services (USCIS). This petition informs the USCIS that the company passed the DOL gauntlet and has permission to offer the foreign employee a permanent position in the U.S. Ultimately, this job offer will serve as the basis for that foreign employee’s green card.

The Bottom Line

The PERM Labor Certification process is the most common way to keep a foreign worker permanently across almost every industry and profession, be it a software developer, engineer, dentist, or household help. The PERM process is detailed, the rules are strict, and the margin for error is slim, but with proper planning and the help of an attorney, it is often successful. Murthy Law Firm attorneys are available to consult on this topic. Be sure also to read the MurthyDotCom NewsBrief, Tips for Companies to Ensure Smoother PERM Process (09.Jun.2025).

 

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The post How to Permanently Keep Your Foreign Employee appeared first on Murthy Law Firm | U.S Immigration Law.

If you’ve just learned your H1B registration wasn’t selected, you’re likely feeling a mix of frustration and uncertainty. After months of preparation and anticipation, a “not selected” notification can feel like a door closing on your future in the United States.

Take a breath. Your journey doesn’t have to end here. Every year, thousands of talented professionals find themselves in exactly your position and many of them discover pathways they hadn’t considered previously. The H1B lottery is just one route among several, and with the right strategy, you may have more options than you realize.

Options Worth ExploringTransferring to a New Program of Study

If you’re currently on F-1 OPT or the STEM OPT extension and your work authorization is running out, enrolling in a new academic program may allow you to maintain your status and potentially access Curricular Practical Training (CPT). Here’s the key advantage: because you’ve already completed a program of study in the U.S., the typical restriction against first-year employment wouldn’t apply. You potentially could be eligible for CPT immediately, provided it’s an integral part of your new program’s curriculum.

A word of caution: USCIS scrutinizes “day one” CPT arrangements carefully. If it appears you’re enrolled primarily to work rather than study, USCIS may later determine you violated your F-1 status, and this could jeopardize future immigration benefits. This path requires careful planning and genuine academic engagement.

Finding a Cap-Exempt Employer

Not all H1B positions are subject to the annual lottery. Certain employers can sponsor H1B workers year-round without cap restrictions:

• Institutions of higher education
• Nonprofit entities related to or affiliated with universities
• Nonprofit research organizations
• Governmental research organizations

If your skills align with opportunities at universities, teaching hospitals, or research institutions, this could be a viable path forward. Keep in mind that if you later move to a cap-subject employer, you generally will need to go through the lottery at that point.

Other Nonimmigrant Categories

The alphabet soup of visa categories can feel overwhelming, but some may fit your situation:

• L1A or L1B: If you’ve worked abroad for at least one year with a qualifying multinational organization, you may be eligible for intracompany transfer status, which can be either L1A for managers and executives, or L1B for those with specialized knowledge.
• O-1: For individuals with extraordinary ability in their field. This requires substantial evidence of national or international recognition, but if you’ve built a distinguished track record, it may be worth exploring.
• J-1: Depending on your circumstances, exchange visitor status might provide a temporary solution while you pursue longer-term options.

Conclusion

Not being selected in the H1B lottery is disappointing, but it’s not the end of your story. The right path forward depends entirely on your individual circumstances: your field, your employer, your academic history, and your long-term goals.

This is exactly the kind of situation where experienced guidance makes a difference. The Murthy Law Firm has helped countless professionals navigate these crossroads, identifying options they didn’t know existed and helping them build a strategy that works. If you’re wondering what comes next, we recommend scheduling a consultation with one of our attorneys. Together, we can evaluate your situation and determine which options, if any, may apply to you.

 

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The post Not Selected in the H1B Lottery? What You Can Do Next appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

If the USCIS is consistent with prior years, then whether a second lottery will be necessary likely will be announced by the end of July or beginning of August. (08.Apr.2026)

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

The wage is fixed. The employer must pay at least the prevailing wage listed in the original determination once the employee receives the green card. It does not increase for inflation over time. (08.Apr.2026)

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 a PERM prevailing wage is issued, is it fixed or does it increase over time to adjust for inflation? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Generally, applying for and receiving the EAD in the mail is low risk. However, actually using the EAD can affect your current nonimmigrant status. You should speak with an immigration attorney before deciding to use it. (08.Apr.2026)

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 Should I file for an Employment Authorization Document (EAD) (Form I-765) with my green card application (Form I-485)? appeared first on Murthy Law Firm | U.S Immigration Law.

Strategies for filing nonimmigrant status when H-1 and L-1 are not available are discussed by attorneys from the Murthy Law Firm in this podcast, which was broadcasted 01.Apr.2026.

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: Other Nonimmigrant Options appeared first on Murthy Law Firm | U.S Immigration Law.

The Murthy Law Firm recently succeeded again in helping a client obtain a green card based on the special provisions for a surviving spouse of a principal employment-based beneficiary who passed away. We previously shared a similar success story on MurthyDotCom, Murthy Success: Securing a Green Card for a Surviving Spouse (25.Aug.2025). This client graciously granted permission for the Murthy Law Firm to share her story to help others who face similar challenges.

Overview of INA Section 204(l): Protection for Surviving Spouses

Section 204(l) of the Immigration and Nationality Act (INA) protects surviving spouses of deceased employment-based beneficiaries. This provision allows certain surviving spouses to continue pursuing permanent residence even after the death of the primary beneficiary if specific requirements are met, as explained in the MurthyDotCom InfoArticle, Immigration Benefits After Death of Qualifying Relative (27.Aug.2020).

The Challenge: Family Emergency Leads to Prolonged Absence from U.S.

Among the requirements to benefit from INA Section 204(l), at the time of the principal beneficiary’s death, the surviving spouse must show their “principal, actual dwelling place” to have been the United States. In this case, the client had temporarily departed the U.S. to care for an ill relative abroad. However, while the client was abroad, her husband, the principal beneficiary, tragically passed away in the U.S. At the time of her husband’s death, the client had been abroad for nearly a year. When she eventually returned to the U.S., she approached the Murthy Law Firm for assistance with obtaining a green card as a surviving spouse based on her deceased husband’s immigration process.

The Strategy: Demonstrating U.S. Residence Despite the Trip Abroad

Despite the challenge facing our client, the Murthy Law Firm developed a strategy for demonstrating that the client’s absence from the U.S. was merely incidental travel and that the U.S. remained her principal dwelling place. With meticulous documentation, our client was able to show that her departure from the U.S. was temporary and that she maintained sufficient ties to the U.S. throughout her physical absence, ultimately proving that the U.S. was still her home.

Success Against the Odds: I-485 Approval Achieved

Ultimately, our advocacy proved successful, and the U.S. Citizenship and Immigration Services (USCIS) approved the form I-485 application for adjustment of status for our client. This gave our client a lifeline and an opportunity to permanently reside in the U.S. with her children.

Conclusion: Hope Exists Even in Difficult Circumstances

The Murthy Law Firm shares this story to exemplify how an individual facing difficult circumstances and complex legal challenges can often still achieve their immigration goals with effective legal advocacy. Should anyone wish to inquire about their own individual situation, the Murthy Law Firm is available to consult with and assist those seeking appropriate relief.

The Murthy Law Firm never reveals details of any case handled by our firm, nor the identity of any client, without first obtaining express consent. We appreciate the generosity of our client in allowing us to use this case as an example to our readers. Please note that all cases are different. Even with cases that appear to be similar, past success does not guarantee a favorable result.

 

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The post The Murthy Law Firm Again Secures a Green Card for a Surviving Spouse appeared first on Murthy Law Firm | U.S Immigration Law.