US Immigration News

The U.S. Citizenship and Immigration Services will publish a proposed rule on October 23, 2025, that would significantly reduce fees for most EB5 immigrant investor program applications and petitions. The proposed fee schedule represents decreases ranging from 14 percent to 61 percent for existing EB5 forms, while maintaining a commitment by the USCIS to improve processing times. The proposed rule also clarifies procedures for derivative beneficiaries filing form I-829 petitions.

Substantial Fee Reductions Across Most Categories

Under the proposed rule, fees for initial form I-526 (Immigrant Petition by Standalone Investor) and form I-526E (Immigrant Petition by Regional Center Investor) would decrease from the current $11,160 to $9,625. Note that this fee includes a new EB5 technology fee of $95, but the total decrease still represents a 14 percent reduction. The fee for form I-829 (Petition by Investor to Remove Conditions on Permanent Resident Status) would drop from $9,525 to $7,860, a 17 percent decrease.

Regional center-related fees would see even more dramatic reductions. The fee for initial form I-956 (Application for Regional Center Designation) would decrease from $47,695 to $28,895, a 39 percent reduction. Amendment filings on form I-956 would drop to $18,480, representing a 61 percent reduction from the current fee. Form I-956F (Application for Approval of an Investment in a Commercial Enterprise) would decrease to $29,935, a 37 percent reduction.

The proposed fee for form I-956G (Regional Center Annual Statement) would be reduced from $4,470 to $2,740, a 39 percent decrease.

New Fees for Previously No-Cost Filings

The proposed rule would establish fees for several EB5 filings that currently have no associated cost. Form I-956H (Bona Fides of Persons Involved with Regional Center Program) would carry a proposed fee of $55. Form I-956K (Registration for Direct and Third-Party Promoters) would have a proposed fee of $2,740.

Additionally, the USCIS proposes creating a new Form I-527 (Amendment to Legacy Form I-526) with a proposed fee of $8,000. This form would be used by investors who filed Form I-526 petitions before the EB5 Reform and Integrity Act of 2022 was enacted and who choose to amend their petitions to retain eligibility under certain provisions following regional center termination or debarment of their new commercial enterprise or job-creating entity.

Processing Time Goals

The EB5 Reform and Integrity Act of 2022 established specific processing time goals that the USCIS aims to achieve. The adjudication targets include the following:

• 120 days for form I-526E petitions based on an investment in a targeted employment area (TEA)
• 240 days for form I-526E petitions based on an investment in an area that dose not qualify as a TEA.
• 240 days for form I-829 petitions
• 180 days for form I-956 applications
• 180 days for form I-956F applications (90 days if the new commercial enterprise is located in a Targeted Employment Area)

While the statute establishes these processing time goals, the USCIS emphasizes that they are targets rather than hard deadlines, and the agency will strive to process applications as quickly and efficiently as possible while maintaining program integrity.

Clarification on Form I-829 Filings by Derivatives

The proposed rule clarifies when derivative beneficiaries (spouses and children of immigrant investors) should file separate form I-829 petitions. Under the proposal, when the principal investor is deceased, all derivatives may be included on a single Form I-829 petition. In all other cases where derivatives are not included on the investor’s Form I-829 petition, each derivative must file a separate petition. The deadline for derivatives filing separately would be the same as would have applied to the principal investor.

Technology Fee Component

As previously noted, the proposed fees for initial Forms I-526 and I-526E include a $95 technology fee. The USCIS would use this revenue to modernize the Immigrant Investor Program Office, which processes all EB5 petitions, from a paper-based filing system to an electronic process and make other technological improvements.

Public Comment Period

The proposed rule is subject to a 60-day public comment period. Stakeholders are encouraged to submit comments through the Federal eRulemaking Portal at regulations.gov. After reviewing public comments, the USCIS will publish a final rule that will take effect 60 days after publication, as required by the EB5 Reform and Integrity Act.

Conclusion

The lower fees, combined with the processing time goals established by Congress, represent a positive change for EB5 investors. Stakeholders should review the complete proposed rule and supporting documentation in the Federal Register to understand the full scope of the changes and consider submitting comments during the public comment period.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post USCIS Proposes Rule to Reduce EB5 Filing Fees appeared first on Murthy Law Firm | U.S Immigration Law.

Today, the U.S. Citizenship and Immigration Services posted guidance on its website clarifying who is subject to the $100,000 fee imposed by Trump’s September 19, 2025 executive proclamation. Among other points of clarification, the updated guidance indicates that virtually all H1B workers will be subject to the fee, if the petition is filed for consular notification.

Petitions Subject to the Fee

The $100,000 payment applies to new H1B petitions filed on or after September 21, 2025, at 12:01 a.m. EDT, on behalf of beneficiaries who are outside the United States and do not have a valid H1B visa. The fee also applies to petitions filed on or after that date that request consular notification, port of entry notification, or pre-flight inspection for an alien in the United States.

Additionally, if a petition filed on or after September 21, 2025, requests a change of status, amendment, or extension of stay, and the USCIS determines the beneficiary is ineligible for that benefit, the fee will apply. This includes situations where the beneficiary is not in valid nonimmigrant status or departs the United States prior to adjudication of a change of status request.

Petitions and Visa Holders Not Subject to the Fee

The proclamation does not apply to any previously issued and currently valid H1B visas, or any petitions submitted prior to September 21, 2025, at 12:01 a.m. EDT. Holders of current H1B visas may continue to travel in and out of the United States without triggering the fee requirement.

Importantly, the fee does not apply to petitions filed on or after September 21, 2025, that request an amendment, change of status, or extension of stay for an alien inside the United States where USCIS grants such amendment, change, or extension. Beneficiaries of these approved petitions will not be subject to the payment even if they later depart the United States and apply for a visa or seek to reenter on a current H1B visa.

Payment Process and Timing

Petitioners must make the $100,000 payment through pay.gov prior to filing the H1B petition with the USCIS. Proof of scheduled payment from pay.gov or evidence of an exception granted by the Secretary of Homeland Security must be submitted at the time of filing. Petitions subject to the fee that are filed without proper payment documentation will be denied.

Rare Exceptions for U.S. National Interest

The Secretary of Homeland Security may grant exceptions in “extraordinarily rare circumstances” where the foreign national’s presence as an H1B worker is in the national interest, no American worker is available to fill the role, the alien does not pose a security threat, and requiring the payment would significantly undermine U.S. interests.

Conclusion

The updated guidance from the USCIS makes it clear that this $100,000 fee will be a tremendous burden to H1B employers and workers. We will now have to wait on the result of the various court cases challenging the proclamation to see if the courts allow it to remain in effect.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

 

The post USCIS Clarifies Who Will Be Subject to $100,000 H1B Fee appeared first on Murthy Law Firm | U.S Immigration Law.

The U.S. Citizenship and Immigration Services (USCIS) recently implemented a revision to the filing process for certain H2A temporary agricultural worker petitions. Here are the key points you need to know:

• Petitioners seeking unnamed H2A beneficiaries can electronically file a petition for a nonimmigrant worker: H2A classification (form I-129H2A) after the U.S. Department of Labor (DOL) has issued a notice of acceptance, and before the DOL has approved the temporary labor certification.
• This will allow the USCIS to immediately begin processing the H2A petition. However, approvals will not be issued until the DOL has certified the temporary labor application.
• At this time, the process does not allow legal representatives to file on behalf of employers. The USCIS expects to expand the process to allow legal representation in the near future.
• Those with named beneficiaries must continue to utilize the traditional paper filing process and must wait for the temporary labor application to be certified prior to filing the petition.

Your Takeaway

This new streamlined process is beneficial for employers that utilize the H2A program, especially for those with a history of augmenting their labor needs. However, the current criteria of the streamlined process significantly limit its overall value to agricultural employers. Nonetheless, it is a step in the right direction, and we are hopeful it will be expanded to those with legal representation and to employers with named beneficiaries.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Murthy Snapshot: Streamlined Filing Process for H2A Temporary Agricultural Workers appeared first on Murthy Law Firm | U.S Immigration Law.

As the federal government shutdown drags on into its third week with no clear end in sight, the U.S. Citizenship and Immigration Services (USCIS) has provided helpful guidance for petitioners who are unable to timely file due to the closure of other essential agencies, such as the U.S. Department of Labor (DOL).

While the USCIS is a fee-funded agency and continues to process petitions, the ongoing shutdown has made it impossible for most employers to file certain types of cases. Most notably, employers generally cannot file H1B petitions, as the DOL is not processing the required labor condition applications (LCAs). Recognizing this impasse, the USCIS has indicated it will show some flexibility.

Shutdown Considered an “Extraordinary Circumstance”

In a recent update to its website, the USCIS confirmed it will continue processing H1B, H2A, H2B, and CW1 petitions. The agency also confirmed it may excuse a failure to timely file certain requests for immigration benefits if the delay is a direct result of the shutdown. Specifically, if a petitioner fails to timely file a request for an extension of stay or a change of status, the USCIS will consider the government shutdown to be an extraordinary circumstance beyond the petitioner’s control. To qualify for this relief, the petitioner must submit evidence establishing that the shutdown was the primary reason for the untimely filing.

Conclusion

While the inability to obtain an LCA still prevents the filing itself, the USCIS guidance provides a vital safety net, ensuring that individuals will not be penalized for a delay that is entirely outside of their control. Petitioners in this situation should document their circumstances and the impact of the shutdown on their ability to file. The Murthy Law Firm will continue to monitor the situation closely and provide updates as they become available.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post USCIS May Excuse Late H1B Filings Caused by Government Shutdown appeared first on Murthy Law Firm | U.S Immigration Law.

The U.S. Department of State (DOS) has released the November 2025 Visa Bulletin. There are no changes from the previous month in the employment-based categories. Also, I-485 adjustment-of-status applicants must use the more favorable dates for filing chart (i.e., Chart B).

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

In the EB1 category, China’s cutoff date in Chart B is set at 15.May.2023. The EB1 cutoff date on Chart B for India remains at 15.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 on Chart B is still set to 01.Dec.2013. EB2 China has a cutoff date of 01.Dec.2021. The EB2 cutoff date on Chart B for all other countries is set at 15.Jul.2024.

Employment-Based, Third Preference (EB3) Category

EB3 India’s cutoff date on Chart B remains at 15.Aug.2014. China’s EB3 cutoff date is 01.Jan.2022. The EB3 cutoff date on Chart B for all other countries of chargeability remains set at 01.Jul.2023.

EB3 Other Workers

In the EB3 Other Workers category, India’s cutoff date aligns with the standard EB3 cutoff at 15.Aug.2014. For China, the cutoff date on Chart B is 01.Oct.2018. The EB3 other workers category carries a cutoff date of 01.Dec.2021 for all other countries of chargeability.

Employment-Based, Fourth Preference (EB4) Category

In the EB4 category, the cutoff date on Chart B for all countries is still set to 15.Feb.2021.

The EB4 program for certain religious workers expired after midnight 30.Sep.2025. If Congress does not extend the program, the EB4 category for certain religious workers will remain unavailable.

Employment-Based, Fifth Preference (EB5) Category

The EB5 unreserved category for India on Chart B retains a cutoff date of 01.Apr.2022. Meanwhile, China’s unreserved cutoff date remains set at 01.Jul.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.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

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

Answer

The TN technically is not one of the dual-intent categories. Therefore, Canadians and Mexicans who wish to enter the U.S. in TN status are required to demonstrate nonimmigrant intent. However, the USCIS has said previously that an I-140 petition is not automatically indicative of immigrant intent and so does not necessarily prevent an individual from entering on TN. Generally, a TN holder with an approved I-140 petition would need to carefully coordinate such travel and/or file the I-140 for consular processing so that it does not create a conflict with the current status. (15.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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Can I apply for TN status, even though I have an approved I-140? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

If you are maintaining valid L-1 status and have an unexpired L-1 visa stamp in your passport, you generally may travel internationally while your I-485 application is pending. The only issue with such travel typically would be that, if you also applied for advance parole (AP) and it is still pending, the AP normally will be denied. (15.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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post I am in L-1 status and want to file an I-485 application for my employment-based green card. However, my job requires frequent international travel. Will this be a problem? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

The EB5 program remains in effect and has not been changed by the Trump administration. (15.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.

 

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Is the EB5 program still available, or has it been replaced by Trump’s gold card? appeared first on Murthy Law Firm | U.S Immigration Law.

There are reports of heightened scrutiny by U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry (POEs), even for individuals entering the U.S. under employment-based visas such as the H1B. This heightened scrutiny can lead to lines of intense questioning and searches of travelers’ phones and electronic devices and can ultimately result in the issuance of expedited removal orders (EROs). An ERO carries a five-year ban on reentry, so understanding some basic details of these orders is imperative, especially in times of aggressive enforcement efforts by immigration officials.

What Is an ERO?

An ERO is one of the most serious outcomes of a CBP inspection. If issued, it means:

• You are denied entry into the U.S. immediately.
• Your visa “stamp” is canceled on the spot.
• You are barred from reentering the U.S. for five years.

Overcoming this five-year ban requires a special waiver, which is not automatic and is difficult to obtain. Moreover, the process can take many months, and sometimes over a year.

Searches and Questioning by CBP

CBP officers have broad authority at POEs. They are increasingly checking travelers’ phones, including eMails, WhatsApp conversations, and even social media activity. This can include reviewing messages with recruiters, friends, or colleagues that, if misunderstood, may raise questions about your true intentions for entering the U.S.

Unfortunately, statements made under pressure during secondary inspection or informal conversations can be used against you. This can result in CBP officers misinterpreting the facts and the law regarding employment-based visas. Despite these inaccuracies and misinterpretations, their decisions unfortunately can still result in immediate and severe immigration penalties.

Common Scenario Leading to EROs: Resume Sharing

One reason someone may be issued an ERO involves resume sharing. A typical fact pattern involves an individual requesting admission in H1B status. CBP inspects the traveler’s phone and finds messages from recruiters and HR departments from other companies, or even chats with friends where an individual is sharing their resume. CBP may then conclude that the person misrepresented their true purpose for entering the U.S. and issues an ERO on grounds of fraud or misrepresentation.

It is not illegal to explore other job opportunities, as long as the individual’s intent when entering the U.S. is to work for the H1B sponsor listed on the approval. However, it is important for individuals to realize that CBP can search your phone and may view active job hunting – or even a casual conversation with friends about looking for other opportunities in the future – before starting employment as suspicious.

What to Do If You Receive an ERO

If you or someone you know is issued an ERO, the following steps may prove useful:

• Keep all documents provided by CBP – including any sworn statements or summaries. If no documents are issued, ask for them. These may be important for future legal review.
• Review documents carefully – checking for factual errors or misstatements. These could be important for challenging the ERO.
• Consult an immigration attorney immediately. In some cases, it may be possible to negotiate to convert the ERO into a “Withdrawal of Application for Admission,” which avoids the five-year bar. It is important to reach out immediately to preserve all legal options.

Conclusion

Be cautious and prepared when entering the U.S. on a work visa. Understand that messages or documents on electronic devices could be misinterpreted as showing intent to work for an employer other than the sponsor on the approval notice. An ERO is serious; however, with proper documentation and legal guidance, there still may be options to correct or mitigate the outcome.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Increased Scrutiny at U.S. Ports of Entry: What You Need to Know About Expedited Removal Orders appeared first on Murthy Law Firm | U.S Immigration Law.

Individuals who file Form N-400, Application for Naturalization, on or after 20.Oct.2025 will be subject to the new 2025 citizenship test. The new test has more questions and a higher passing threshold. Read more.

The post Reminder: New Citizenship Test Going into Effect appeared first on Murthy Law Firm | U.S Immigration Law.