US Immigration News

Answer

This generally would be possible only if the current H1B petition has not yet expired. Otherwise, she typically would have to wait for the H1B extension to be approved before she could apply for an H-4 visa “stamp.” (05.Mar.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 My H1B extension is pending, and my wife is still in India. Can she apply for an H-4 visa stamp now? appeared first on Murthy Law Firm | U.S Immigration Law.

USCIS recently released a number of new forms effective immediately, including form I-485 used to apply for a “green card,” providing no notice or grace period for the old form. If your old form was mailed before the announcement on March 3rd, and arrived at the USCIS location on or after that date, and subsequently was rejected, making you ineligible to refile, you may be able to challenge the rejection with a lawsuit.

The post USCIS Issues New I-485 Without Warning appeared first on Murthy Law Firm | U.S Immigration Law.

On 28.Feb.2025, the U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum that dramatically expands the circumstances under which the USCIS intends to issue a notice to appear (NTA), or refer cases to the U.S. Immigration and Customs Enforcement (ICE) for NTA issuance. An NTA is a charging document that is filed with an immigration court to commence removal (i.e., deportation) proceedings against a foreign national. Most notably, this policy memo threatens to issue an NTA to anyone who is in the U.S. legally at the time an application or petition requesting an extension or change of status is filed, but whose status has expired by the time the status request is denied.

Background: Notice to Appear

As mentioned above, an NTA is a charging document that is issued to foreign nationals who are deemed “removable” from the United States. It is analogous to a formal complaint in the civil law context and essentially is notice of the start of formal court proceedings. When one receives an NTA, the individual must appear before an immigration judge. The judge, after reviewing all the evidence and the law, determines whether the person should be removed from the United States. The foreign national, or the lawyer representing the individual, has the opportunity to present arguments before the court regarding eligibility for relief from removal and why they should be allowed to remain in the United States.

Fighting NTA Risky, but Quickly Leaving U.S. Automatically Leads to Penalties

Fighting the case in court carries risks of its own, however. In most situations, the foreign national continues to accrue unlawful presence while waiting for the court date and is ineligible for work authorization during this period. Further, if one loses in court and is removed from the U.S., at a minimum, they generally become subject to a 5-year bar on reentry to the United States. The same penalty typically applies if the individual leaves the U.S. rather than attending the court hearing, which is a process commonly referred to as self-deportation.

Negotiating for Voluntary Departure

Rather than fighting the matter in court, one may negotiate with the U.S. Department of Homeland Security (DHS), typically to request voluntary departure. By agreeing to voluntary departure, one agrees to leave the United States and forgo any right to fight the charges in court. The benefit is that it may help the individual avoid many of the costs and long-term consequences of being ordered removed from the U.S.

Trump Issued Similar Memo During First Term

During Trump’s first term in office, a similar memo was issued. Despite the memo, though, the USCIS did not routinely issue NTAs. It remains to be seen, however, whether the Administration will follow through with the threat of having the USCIS routinely issue NTAs.

Conclusion

This new memo is worth our concern, but the hope is that the USCIS will not start issuing NTAs on a regular basis. For the time being, however, applicants should consider filing early, when possible, to avoid the expiration of an I-94 after the case has been filed. It also would be prudent to speak with an immigration attorney to consider possible options to mitigate risks.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post USCIS Notice to Appear (NTA) Memo Could Result in Harsh Consequences appeared first on Murthy Law Firm | U.S Immigration Law.

DOS and USCIS have issued all available immigrant visas for the EB4 Special Immigrant visa category, which includes religious workers, broadcasters, certain physicians, employees of international organizations, and armed forces members. The annual limits will reset with the start of the 2026 fiscal year on 01.Oct.2025.

The post Annual Limit for EB4 Visa Category Reached appeared first on Murthy Law Firm | U.S Immigration Law.

The Fraud Detection and National Security (FDNS) Directorate, a division of the U.S. Citizenship and Immigration Services (USCIS), conducts unannounced site visits to H1B employers as part of its compliance and fraud prevention efforts. These visits aim to verify the legitimacy of H1B petitions and ensure that employers adhere to program requirements. Recent changes in H1B regulations have influenced the scope and frequency of these visits, affecting both employers and employees. Moreover, it is widely expected that the USCIS increasingly will shift focus toward enforcement efforts under the Trump administration. Therefore, employers should be familiar with how FDNS site visits are conducted, and what can be done in advance to prepare for them.

Understanding FDNS Site Visits

FDNS site visits typically are unannounced and involve a USCIS officer visiting the work location specified in the H1B petition. The precise nature of the site visit may vary, but the officer typically will engage in some or all of the following activities:

• Verify the physical existence of the business.
• Confirm the employment of the H1B worker at the designated worksite.
• Interview the H1B employee and employer representatives.
• Review payroll records, work schedules, and other documentation.
• Assess compliance with the terms of the labor condition application (LCA).

These visits primarily focus on preventing fraudulent activity and ensuring that H1B workers are being paid the required wage and working under the conditions specified in the petition.

Employer Compliance During FDNS Site Visits

Employers are required to cooperate fully with FDNS site visits to demonstrate compliance with H1B regulations. To ensure proper adherence, employers should:

• Designate a Point of Contact: Assign a knowledgeable representative, such as an HR personnel or immigration attorney, to handle site visits and provide necessary documentation.
• Provide Immediate Access to Records: Ensure that essential documents, including the Public Access File (PAF), payroll records, and employee work schedules, are readily available for review.
• Allow Interviews: Employers must permit FDNS officers to interview the H1B employee, HR personnel, and relevant supervisors. Employees should be briefed on the nature of site visits and instructed to answer questions truthfully.
• Ensure Worksite Consistency: The physical workspace, job duties, and salary of the H1B employee should align with what was reported in the H1B petition and LCA. Any discrepancies must be addressed and updated as necessary.
• Follow Up After the Visit: If the employer receives a Notice of Findings or a request for additional information following a site visit, they should respond promptly with accurate and complete documentation to avoid penalties or revocations.

Significance of the New H1B Regulations Effective January 2025 on FDNS Site Visits

The H1B regulations that took effect in January 2025 further impact FDNS site visits by introducing stricter compliance measures and broader oversight. Key changes include the following:

• Enhanced Worksite Compliance Measures – Employers may be required to provide more detailed documentation regarding job locations, including remote and hybrid work arrangements. FDNS officers have greater authority to assess compliance at multiple worksites.
• Increased Scrutiny on Specialty Occupations – Site visits may now place a greater emphasis on verifying job duties and employee qualifications, especially for employees placed at third-party client sites. Depending on circumstances, FDNS may check with end-clients to confirm whether the end client’s minimum requirements match the employer’s minimum requirements.
• Expanded Enforcement Against Fraud and Misrepresentation – FDNS are now equipped with additional resources to detect fraud, including leveraging data analytics to flag inconsistencies in employer filings. Employers found to have submitted misleading information will face heightened penalties.
• Greater Transparency in Wage Determination – Under the 2025 regulations, the FDNS may enforce more rigorous wage verification processes, requiring employers to substantiate prevailing wage determinations with greater clarity. Site visits can involve detailed reviews of compensation structures to prevent underpayment of H1B workers.

These regulatory changes reinforce the importance of compliance preparedness for H1B employers. Companies should proactively update policies, ensure accurate documentation, and maintain transparency to navigate the evolving regulatory landscape effectively.

Importance of the Public Access File (PAF)

One of the key compliance requirements for H1B employers is maintaining a public access file (PAF). The PAF must be readily available for inspection and should contain essential documentation, including the following:

• The certified LCA
• A summary of the wage rate for the H1B employee
• An explanation of how the wage was determined
• Documentation of the prevailing wage source
• A statement of notice to workers or bargaining representatives

The PAF plays a crucial role during FDNS site visits, as it serves as proof that the employer is complying with wage requirements and labor conditions. Failure to maintain a properly documented PAF can lead to penalties and compliance issues.

Best Practices for H1B Employers

To prepare for FDNS site visits and mitigate compliance risks, employers should engage in the following safeguards:

• Audit your existing PAFs to ensure the records are complete in case of an inspection.
• Maintain accurate and up-to-date employee records, including payroll information and work locations.
• Train HR personnel on how to handle unannounced site visits professionally.
• Ensure H1B employees understand their job roles, wages, and worksite details as per the petition.
• Keep documentation organized, including LCAs, employment agreements, and organizational charts.

Conclusion

With the implementation of new H1B regulations, site visits have become more stringent, further emphasizing the need for employers to remain vigilant in ensuring their compliance. Proper preparation and adherence to regulatory requirements, including the maintenance of a well-documented PAF, can help H1B employers navigate these visits successfully and avoid potential penalties. The Murthy Law Firm is available to assist employers preparing for possible site visits, including conducting audits of existing PAFs.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post FDNS Site Visits of H1B Employers and the Impact of New H1B Regulations appeared first on Murthy Law Firm | U.S Immigration Law.

On 25.Feb.2025, the U.S. Citizenship and Immigration Services (USCIS) announced  the upcoming launch of a new alien registration process. While the Immigration and Nationality Act (INA) has long required the registration of most aliens who remain in the United States for 30 days or more, this requirement has not always been enforced. As we wait for more information from the USCIS, here are the key points you need to know:

• The INA requires the registration and fingerprinting of all unregistered aliens 14 years old and over who remain in the U.S. for 30 days or more. The registration and fingerprinting must occur before the conclusion of the 30 days. For an alien under 14 years old who otherwise meets these criteria, the alien’s parent or legal guardian must register the child.
• The vast majority of foreign nationals are already registered and do not need to now register again. This includes lawful permanent residents or certain individuals who have applied for permanent residence; someone admitted or paroled into the U.S. (even if the admission period or parole is now expired); someone in the U.S. who was issued an immigrant or nonimmigrant visa, employment authorization document (EAD), or border crossing card; and certain other individuals.
• Any foreign national in the U.S. who turns 14 must register and be fingerprinted even if the individual was previously registered.
• Individuals who have entered without inspection and admission or parole must register, as do foreign nationals who were not issued evidence of registration, such as Canadian visitors who entered the United States at land ports of entry and certain foreign nationals granted Deferred Action for Childhood Arrivals (DACA) or temporary protected status (TPS).
• When an individual registers and appears for fingerprinting, the individual will receive evidence of registration, which an individual over the age of 18 must carry at all times.
• Failure to properly register can result in criminal and civil penalties, such as misdemeanor prosecution and fines.

Your Takeaway

Most foreign nationals present in the U.S. are already registered and are not required to take action at this time. For an individual required to register, the USCIS soon will announce a form and process to complete the registration requirement. In the meantime, the USCIS advises that an individual who is required to register make a USCIS online account to prepare for the process.

 

Copyright © 2025, MURTHY LAW FIRM. All Rights Reserved

The post Murthy Snapshot: New Alien Registration Process appeared first on Murthy Law Firm | U.S Immigration Law.

Issues with L1A and L1B petitions and best practices for filing these are discuss by Murthy Law Firm attorneys is this podcast.

 

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

 

 

         

The post MurthyAudio: L-1 Adjudications & Trends appeared first on Murthy Law Firm | U.S Immigration Law.