US Immigration News

The Department of Homeland Security (DHS) is considering a proposal that could significantly affect certain H-4 dependent spouses of H1B nonimmigrant workers. Listed under Regulatory Information Number 1615-AD14, the proposal would eliminate the regulatory basis for eligible H-4 spouses to request employment authorization under the c(26) category and would reverse changes made by the 2015 final rule, Employment Authorization for Certain H-4 Dependent Spouses.

The regulatory agenda entry does not itself change the law, terminate existing employment authorization, or prevent H-4 spouses from filing Form I-765 applications. It identifies the matter as a long-term regulatory action, and no date has been announced for publication of a Notice of Proposed Rulemaking. DHS generally would need to publish a proposed rule, provide an opportunity for public comment, and issue a final rule before any change could take effect.

If finalized, the proposal could affect new applications, renewal requests, pending applications, or existing employment authorization documents, depending on the terms and effective date of the final rule. The agenda entry does not explain how those matters would be handled. H-4 spouses and employers should therefore continue following the current rules and USCIS procedures, while reviewing potential immigration and employment alternatives with experienced immigration counsel.

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

The post Possible Changes to H-4 Spouse Employment Authorization appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Generally, no. Under the new rule’s transition provisions, an F-1 student who is maintaining valid duration-of-status admission when the rule takes effect on September 15, 2026, ordinarily will not automatically receive a new date-specific I-94 on that date. However, this transition protection will be limited. Depending on the student’s program or employment authorization end date, the outside transition date for F nonimmigrants generally will be November 14, 2030. Travel and reentry after September 15, 2026, also may result in admission under the new fixed-period system. (01.Sep.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.

 

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

The post I am currently in F-1 status with an I-94 marked D/S. Under the new F-1 fixed-period-of-admission rule scheduled to take effect on September 15, 2026, will I automatically receive a new I-94 expiration date on that date? appeared first on Murthy Law Firm | U.S Immigration Law.

Several attorneys from the Murthy Law Firm have been recognized in the 2027 edition of The Best Lawyers in America® for their work in Immigration Law. The attorneys recognized are Sheela Murthy, Founder and CEO; Aron Finkelstein, Member and Senior Counsel; Adam Rosen, Member and Senior Counsel; and Anna Stepanova, Member and Co-Managing Attorney. Recognition by Best Lawyers is based on a peer-review process. Attorneys are evaluated by other lawyers who practice in the same geographic region and legal field. The recognition is not based on paid placement or self-nomination, and no fee is required to be considered or recognized.

In addition to being recognized in the 2027 edition of The Best Lawyers in America®, Anna Stepanova has been named the 2027 Lawyer of the Year for Immigration Law in Baltimore. This distinction is awarded to an individual lawyer who receives the highest overall peer feedback in a specific practice area and geographic region.About The Best Lawyers in America®

For more than 40 years, Best Lawyers has relied on the principle that the best lawyers know who the best lawyers are. Its recognition process is based on peer feedback from legal professionals. The 2027 recognitions are publicly available through Best Lawyers.

The Murthy Law Firm congratulates Sheela Murthy, Aron Finkelstein, Adam Rosen, and Anna Stepanova on their recognition in the 2027 edition of The Best Lawyers in America®. The firm also congratulates Ms. Stepanova on being named the 2027 Lawyer of the Year for Immigration Law in Baltimore.

Lawyer of the Year Recognition

The Lawyer of the Year distinction is considered particularly meaningful because it reflects the respect and confidence of fellow attorneys familiar with the recipient’s legal work and professional contributions. Ms. Stepanova’s recognition as the 2027 Lawyer of the Year for Immigration Law in Baltimore highlights her longstanding commitment to serving individuals, families, employers, and other clients navigating the U.S. immigration system.

Conclusion

The recognition of these Murthy Law Firm attorneys reflects their professional accomplishments and ongoing dedication to the practice of U.S. immigration law. Individuals and employers seeking advice about specific immigration matters should consult with experienced immigration counsel.

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

The post Murthy Law Firm Attorneys Recognized in The Best Lawyers in America® 2027 appeared first on Murthy Law Firm | U.S Immigration Law.

The USCIS’s recent policy changes, which give officers greater discretion to deny petitions and applications without first issuing an RFE or NOID, are examined in a new ILW.com article by Murthy Law Firm Member Adam J. Rosen. Drawing on Matter of Rehman and the USCIS Policy Manual, Mr. Rosen explains how late-registered birth certificates, secondary evidence, affidavits, and DNA evidence can affect an applicant’s ability to establish identity and parentage. The article, Birth Certificates and the (Possible) End of RFEs, underscores why practitioners should closely evaluate birth records and supporting evidence before filing an I-485.

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

The post New ILW.com Article Examines Birth Certificates in the Post-RFE Era appeared first on Murthy Law Firm | U.S Immigration Law.

Noncitizens should not register or vote unless eligible. If a DMV or other system registered you without your consent or understanding, the facts and records matter. Learn more.

The post Erroneous Voter Registration Reminder appeared first on Murthy Law Firm | U.S Immigration Law.

DHS is considering changes to the H1B program, including revisions to cap-exemption eligibility, increased scrutiny of employers with program violations, and greater oversight of third-party placements. The regulatory agenda currently lists the proposal at the proposed-rule stage; the actual NPRM text has not yet been published. More info.

The post Proposed H1B Rule Under Review appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

Under the new rule, an F-1 student who needs additional time generally may request an extension of stay from the U.S. Citizenship and Immigration Services (USCIS). This may require a Form I-20 issued or endorsed by the designated school official, a timely extension application, the required filing fee, evidence of sufficient financial support, and any required biometrics. Depending on the circumstances, the student also may consider departing the United States and seeking a new admission, although travel may create visa, consular, and port-of-entry issues. (25.Aug.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.

 

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

The post Under the new F-1 fixed-period-of-admission rule scheduled to take effect on September 15, 2026, what should I do if I need more time to complete my F-1 program after my I-94 expires? appeared first on Murthy Law Firm | U.S Immigration Law.

The Department of Homeland Security (DHS) is scheduled to publish a proposed rule in the Federal Register on August 25, 2026, proposing a new $103,265 fee for all H-1B cap-subject petitions, including petitions eligible for the advanced degree exemption. The fee would be in addition to all other applicable filing fees and payments, but would not apply to cap-exempt H-1B petitions or other H-1B filings that are not subject to the annual cap.

The proposal is not effective at this time. DHS will accept public comments for 30 days after publication, and the agency would need to consider those comments before issuing any final rule. Employers should not add the proposed fee to current filings unless and until a final rule establishes an effective date and applicable transition provisions. The proposed rule is identified as DHS Docket No. USCIS-2026-0298, RIN 1615-AD20, and Federal Register Document No. 2026-17324.

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

The post NewsFlash! DHS Proposes $103,265 Fee for Certain H-1B Petitions appeared first on Murthy Law Firm | U.S Immigration Law.

A federal judge has struck down the Trump administration’s policy suspending immigrant visa issuance for nationals of 75 countries, ruling that it was contrary to law and exceeded the Secretary of State’s authority. The ruling requires affected cases to receive individualized review, but the government has until September 11 to appeal the decision. More info.

The post Federal Judge Strikes Down 75-Country Immigrant Visa Ban appeared first on Murthy Law Firm | U.S Immigration Law.

The U.S. Department of State (DOS) has released the September 2026 Visa Bulletin. Cutoff dates across the employment-based and family-based categories generally hold steady from August 2026, with no forward movement or retrogression this month, but the DOS continues to caution that retrogression, or categories becoming “unavailable,” may be necessary later in the fiscal year to keep visa issuances within the annual limits. All employment-based cutoff dates listed below refer to the final action chart (i.e., Chart A), while the family-based cutoff dates refer to the Dates for Filing chart (i.e., Chart B).

USCIS has not yet confirmed which charts adjustment-of-status applicants may use for September. Based on recent practice, we expect employment-based applicants to continue using the Final Action Dates chart and family-based applicants to continue using the Dates for Filing chart, but applicants should confirm the applicable chart on the USCIS website before filing.

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

In the EB1 category, all cutoff dates remain unchanged from August. India’s final action date holds at 15.Oct.2022, and China’s holds at 01.Jul.2023. EB1 remains current for all other countries of chargeability. The DOS warns that high demand and number use by applicants chargeable to India may make the EB1 category unavailable for India in the coming weeks if India’s pro-rated limit is reached before the fiscal year ends.

Employment-Based, Second Preference (EB2) Category

EB2 India remains “unavailable,” which means that no applications in this category can be filed or approved for India this month. China’s cutoff date remains 01.Sep.2021, and EB2 remains current for all other countries of chargeability. The DOS notes that sufficient demand and increased number use may make it necessary to retrogress the EB2 final action date, or make the category unavailable, before the end of the fiscal year.

Employment-Based, Third Preference (EB3) Category

In the EB3 category, India’s cutoff date remains 01.Jan.2014 and China’s remains 01.Jan.2022. For all other countries of chargeability, the EB3 cutoff date remains 01.Sep.2024, except the Philippines, which remains at 01.Aug.2023.

EB3 Other Workers

In the EB3 Other Workers category, the final action date is 01.Jan.2014 for India, 01.May.2019 for China, and 01.Dec.2021 for the Philippines. The cutoff date for all other countries of chargeability is 01.Apr.2022.

Employment-Based, Fourth Preference (EB4) Category

In the EB4 category, the final action date is 15.Dec.2022 for all countries of chargeability. This same cutoff date applies to the EB4 subcategory for certain religious workers.

Employment-Based, Fifth Preference (EB5) Category

In the EB5 unreserved category, India is “unavailable,” and China’s cutoff date is 01.Dec.2016. The EB5 unreserved category remains current for all other chargeability areas. The three EB5 set-aside categories (rural, high unemployment, and infrastructure) remain current for all countries. The DOS warns that sufficient demand and increased number use in the EB5 unreserved category may make it necessary to retrogress the final action date, or make the category unavailable, before the end of the fiscal year.

Family-Based, Second-Preference (FB2A and FB2B) Category

Under the Dates for Filing chart, the FB2A category remains current for all countries of chargeability. In the FB2B category, the Dates for Filing cutoff date is 01.Sep.2019 for all countries, except Mexico at 15.May.2010 and the Philippines at 01.Oct.2013.

Retrogression Possible in the Coming Months

The DOS reports that immigrant visa issuance rates for applicants from certain countries have decreased in light of various administration actions taken to protect national security and public safety and to otherwise advance U.S. interests. To use the immigrant visa numbers available in FY 2026, dates for filing and final action dates have been advanced across various categories in recent months. The DOS cautions that, as additional demand materializes or administration actions are amended, retrogression may be necessary in the upcoming months to keep issuances within the annual limits, and categories may become “unavailable” before the end of the fiscal year if annual, category, or pro-rated per-country limits are reached. Foreign nationals with pending or upcoming cases should be prepared for this possibility and file when eligible.

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.

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

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

DHS has submitted a proposed regulation to OIRA that would eliminate, or potentially significantly limit, the current 60-day grace period available to certain nonimmigrant workers following termination of employment. The details remain unclear because the proposed rule has not yet been published. Watch for full analysis once the NPRM is released. More info.

The post DHS Proposes Eliminating 60-Day Grace Period appeared first on Murthy Law Firm | U.S Immigration Law.

On August 18, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued extensive new policy guidance explaining how the agency will apply the public charge ground of inadmissibility. The guidance implements the Department of Homeland Security (DHS) final rule published on July 20, 2026, which rescinded the 2022 public charge regulations. The new guidance takes effect September 18, 2026, and generally applies to applications to register permanent residence or adjust status (form I-485) postmarked or electronically submitted on or after that date.

Broader Review of Means-Tested Public Benefits

Under the new policy, USCIS generally considers a person likely to become a public charge if that individual is more likely than not to become dependent on the government to meet basic needs, such as food, shelter, or healthcare. Officers will make this prospective determination based on the totality of the applicant’s circumstances.

For benefits received before September 18, 2026, USCIS generally will consider only public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after September 18, 2026, however, officers may consider the applicant’s receipt of any means-tested public benefits. The policy identifies potentially relevant categories that include cash assistance, public or assisted housing, financial aid for post-secondary education, food assistance, and government-funded health coverage. Examples discussed in the guidance include Medicaid, the Children’s Health Insurance Program (CHIP), the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), the Supplemental Nutrition Assistance Program (SNAP), Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), and federal rental assistance.

Earned benefits, including Social Security and Medicare, are not treated as means-tested public benefits. Unemployment insurance likewise is not considered a means-tested public benefit. Further, a benefit received by a child or another relative generally is not attributed to the adjustment applicant merely because the applicant applied on that person’s behalf.

Totality of the Circumstances Test

USCIS officers must consider the applicant’s age, health, family status, assets, resources, financial status, education, and skills. Officers also may consider an affidavit of support, when required, and any other relevant evidence. An applicant’s own application for, approval to receive, or receipt of means-tested public benefits on or after September 18, 2026, will be highly relevant.

There is no single bright-line test. No one factor generally determines the outcome, except that failure to submit a sufficient affidavit of support when one is required can independently result in a public charge finding. Even a sufficient affidavit of support does not, by itself, guarantee a favorable determination.

Public Charge Bonds

The guidance also explains procedures for public charge bonds. If USCIS determines that an adjustment applicant is inadmissible solely under the public charge ground but is otherwise admissible and eligible, USCIS may, in its discretion, invite the applicant through a notice of intent to deny (NOID) to post a bond. Applicants cannot submit a public charge bond unless USCIS first extends that invitation. The guidance provides officers with a framework for setting bond amounts and explains how bonds may be breached, maintained, substituted, or canceled.

Different Rules Apply Based on Filing Date

USCIS will apply the new guidance to I-485 applications postmarked or electronically submitted on or after September 18, 2026. Applications filed from December 23, 2022, through September 17, 2026, will continue to be adjudicated under the 2022 public charge rule and related guidance. Applications filed before December 23, 2022, will be adjudicated under the 1999 interim field guidance.

What Adjustment Applicants Should Do

Individuals planning to file for adjustment of status should review the new policy carefully before submitting form I-485 on or after September 18, 2026. Applicants should be prepared to provide evidence addressing statutory factors, including financial circumstances, employment history, education, skills, health, and household situation. Anyone who has applied for, been approved for, or received a means-tested public benefit should consult with a qualified immigration attorney about the potential impact of the new guidance on their case. Applicants should not discontinue essential benefits or healthcare based solely on general information, as there are exemptions for certain immigration categories and benefits received by other household members are generally not attributed to the applicant.

Conclusion

The September 18, 2026, policy represents a significant expansion of the public benefits and financial information USCIS may consider in public charge determinations for adjustment applicants. The Murthy Law Firm will continue to monitor implementation of the new rule and guidance and provide updates as additional information becomes available.

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

The post NewsFlash! USCIS Issues Sweeping New Public Charge Guidance Effective September 18, 2026 appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

No. Under the new F-1 fixed-period-of-admission rule scheduled to take effect on September 15, 2026, the Form I-20 and the I-94 will serve different purposes. An F-1 student admitted under the new rule will need to maintain a valid Form I-20 and comply with all F-1 requirements, but also will need to depart, extend the stay, change status, or otherwise obtain authorization to remain in the United States before the I-94 admit-until date expires. A program end date on the Form I-20 will not automatically extend the period of admission shown on the I-94. (18.Aug.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.

 

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

The post After the new F-1 fixed-period-of-admission rule, which is scheduled to take effect on September 15, 2026, takes effect, will a valid Form I-20 be enough to allow me to remain in the United States? appeared first on Murthy Law Firm | U.S Immigration Law.

The Board of Immigration Appeals (BIA) issued a precedential decision on August 13, 2026, holding that a departure from the United States under advance parole is a “departure” for purposes of the three- and ten-year unlawful-presence bars. In Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026), the BIA expressly overruled its 2012 decision in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012) (amended order, August 16, 2012).

What Has Changed?

Under INA §212(a)(9)(B), a foreign national who accrues more than 180 days of unlawful presence and then departs may trigger a three-year bar to admission. A person who accrues one year or more of unlawful presence and then departs may trigger a ten-year bar. For more than a decade, Matter of Arrabally and Yerrabelly provided that a temporary trip abroad using advance parole did not constitute a “departure” that triggered these unlawful-presence bars.

The BIA has now adopted the opposite interpretation. The Board concluded that the statutory term “departure” includes a trip outside the United States made under advance parole, even where the individual returns after being paroled back into the country. Thus, an individual with sufficient prior unlawful presence may become inadmissible under INA § 212(a)(9)(B) because of travel on advance parole, and may need a waiver before being able to obtain permanent residence or otherwise be admitted.

Decision Applies Prospectively

Importantly, the BIA stated that its new holding will apply prospectively, recognizing that it is a significant change from longstanding Board precedent on which individuals may have relied. The decision does not resolve all questions about how the prospective rule will be implemented in individual cases. Individuals considering advance parole travel after August 13, 2026, particularly those who may have accrued unlawful presence, should obtain case-specific legal advice before leaving the United States.

Conclusion

Advance parole remains an important travel mechanism for many applicants, including certain adjustment applicants and DACA recipients. However, the BIA’s decision substantially changes the risk analysis for individuals with unlawful-presence concerns. Foreign nationals should not assume that an approved advance parole document protects them from the three- or ten-year bar, and they should carefully assess the immigration consequences of travel before departing.

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

The post NewsFlash! BIA Holds Advance Parole Travel Can Trigger Unlawful-Presence Bar appeared first on Murthy Law Firm | U.S Immigration Law.

In some cases, USCIS approves an employment-based Form I-485, Application to Register Permanent Residence or Adjust Status, but later determines that an immigrant visa number was not available when the application was approved. USCIS may then issue a Notice of Intent to Rescind (NOIR), even if the applicant did nothing wrong and the approval resulted from an agency error. Because rescission can have serious consequences, anyone who receives a NOIR should promptly seek advice from a qualified immigration attorney. This article discusses common rescission scenarios and offers practical guidance on addressing the issue and moving one’s immigration case forward.

What is a Notice of Intent to Rescind?

A NOIR is a formal notice stating that USCIS intends to take back a prior grant of adjustment to lawful permanent resident status. Under the rescission procedures, USCIS may initiate a case when it concludes that the person was not actually eligible for adjustment when the green card was approved. One possible reason is that an immigrant visa was not immediately available on the approval date.

Does USCIS have a deadline for starting rescission proceedings?

In general, USCIS must issue the NOIR within five years after the person’s adjustment to permanent resident status. Timely service of the notice ordinarily permits the rescission proceeding to continue even if the five-year period later expires. More information is available in the USCIS Policy Manual chapter on the Rescission Process.

How much time does a person have to respond?

The regulation generally provides 30 days from service of the NOIR to submit a written answer under oath and to request a hearing before an immigration judge. The notice itself should be reviewed carefully because the response date and submission instructions are critical. If no timely answer is filed and no hearing is requested, USCIS may rescind the adjustment without an administrative appeal.

Does receiving a NOIR immediately terminate permanent resident status?

A NOIR states USCIS’s intent to rescind; it is not itself a final rescission order. Lawful permanent resident status generally continues unless and until it is rescinded through the applicable process. Nevertheless, the notice should not be ignored, and the individual should speak with counsel before making international travel, employment, or other immigration-related decisions.

Why does visa availability matter at the time of approval?

An immigrant visa generally must be immediately available both when an adjustment application is filed and when USCIS finally approves it. The USCIS Policy Manual explains this requirement in Eligibility Requirements. Visa availability can change because of priority-date retrogression or because a category or country limit has been reached.

For example, the U.S. Department of State announced on May 22, 2026, that the employment-based second preference (EB2) per-country limit for India had been reached for fiscal year 2026. The July 2026 Visa Bulletin listed EB2 India as unavailable for the remainder of fiscal year 2026. The annual limits reset on October 1, 2026, at the beginning of fiscal year 2027. See India Per-Country Limit Reached in the EB-2 Category and the Visa Bulletin for July 2026.

Can USCIS rescind a green card even if the error was entirely the government’s fault?

Yes. Rescission focuses on whether the person was legally eligible for adjustment when USCIS granted it. The absence of fraud or wrongdoing by the applicant is highly relevant to the equities and the requested remedy, but it does not necessarily cure the statutory requirement that a visa number be available at final adjudication.

What should be investigated before responding?

The case record should be reconstructed carefully. Counsel may need to review the approval date, priority date, country of chargeability, preference category, monthly Visa Bulletin, any transfer-of-underlying-basis request, and all approved immigrant petitions. It also may be important to determine when the Department of State allocated or authorized the immigrant visa number, because that event may have occurred before the date reflected in later agency correspondence.

Can a Freedom of Information Act request help?

A Freedom of Information Act (FOIA) request may help obtain portions of the agency record, including documents concerning the immigrant visa request or allocation. A FOIA request, however, ordinarily does not extend the deadline to answer the NOIR. Depending on timing, it may be needed to respond with the available evidence, request additional time if appropriate, preserve the right to a hearing, and supplement the record if USCIS permits.

What if the person also had an approved EB3 petition or another immigrant category?

An alternate approved petition may be important. For example, if the person had an EB3 immigrant petition with a current priority date when USCIS approved the I-485, the record should be examined to determine whether the adjustment could properly have been granted under that basis. Evidence of a prior request to transfer the underlying basis may be especially significant.

USCIS generally permits a pending adjustment applicant to request consideration under another qualifying basis, subject to continuity and eligibility requirements. The agency discusses these rules in Transfer of Underlying Basis. Whether an alternate EB2 or EB3 basis can defeat rescission depends on the facts, including whether that basis properly supported the I-485 at the relevant time.

Can the response ask USCIS to return the I-485 to pending status instead of leaving the person without status?

Yes. In an appropriate case, counsel may ask USCIS to withdraw or terminate the rescission action and place the I-485 back into pending status until a visa number becomes available. The respondent also may request recognition of a valid alternate basis, if supported by the record. These are requested remedies, not automatic results, and the procedural path can vary depending on whether USCIS agrees with the response and whether the matter proceeds to an immigration judge.

What happens to employment authorization and advance parole if rescission becomes final?

Employment authorization and advance parole based on a pending I-485 generally depend on the continued existence of that pending application. A green card holder does not use an I-485-based employment authorization document (EAD) or advance parole document while permanent resident status remains valid. If permanent resident status is rescinded, the prior I-485 does not always return to pending status automatically. Therefore, it may be needed to request reinstatement or reopening of the I-485 and appropriate treatment of related EAD and advance parole benefits.

Until USCIS provides written confirmation, a person should not assume that a previously issued EAD or advance parole document has been restored or remains valid. International travel is particularly sensitive and should be discussed with a knowledgeable attorney before departure.

Should a hearing before an immigration judge be requested?

The regulations permit the respondent to request a hearing within the response period. Whether to request one is a strategic decision that depends on the allegations, available evidence, possible alternate immigrant classifications, and the relief being requested. Failing to preserve the hearing right can have major consequences, so this issue should be addressed before the deadline.

Can derivative family members also be affected?

Yes. If a spouse or child obtained permanent residence as a derivative of the principal applicant, rescission of the principal’s adjustment may create corresponding issues for the derivatives. Each family member’s notice, immigration history, and possible independent basis for status should be reviewed separately.

What should be done immediately after receiving a NOIR?

It is advisable to preserve the complete notice and envelope, confirm the date and method of service, calendar the response deadline, and gather the I-485 filing, approval notices, immigrant petition approvals, prior transfer requests, EAD and advance parole records, passports, and relevant Visa Bulletins. The respondent also should avoid making assumptions about travel or work authorization and should consult an experienced immigration attorney as soon as possible.

Conclusion

A NOIR based on visa unavailability can arise from an agency approval error rather than any misconduct by the applicant, but it still requires a prompt and carefully documented response. The defense may involve challenging USCIS’s visa-allocation premise, identifying an alternate EB2 or EB3 basis, preserving the right to a hearing, and asking USCIS to restore the I-485 and related interim benefits. Because the appropriate strategy depends on the exact approval date, visa-number history, underlying petitions, and procedural posture, individualized legal advice is essential.

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

The post Responding to a Notice of Intent to Rescind an Employment-Based I-485 Approval appeared first on Murthy Law Firm | U.S Immigration Law.

SEVP’s August 12, 2026 Broadcast Message (BCM 2608-01) signals heightened scrutiny of CPT authorization. SEVP reminds DSOs that CPT must be a required, integral component of an established curriculum, not a means to create employment opportunities. Schools and DSOs that improperly authorize CPT may face investigation, loss of SEVP certification, and potential legal consequences.

The post SEVP Restricts CPT: New Warning to Schools and DSOs appeared first on Murthy Law Firm | U.S Immigration Law.

South Asian Bar Association of North America Foundation
SAAJCO South Asian American Justice Collaborative
SABA South Asian Association of North America
Murthy Law Firm

Webinar: Understanding the New Student Visa Restrictions

Learn how new student visa restrictions may affect current international students, and prospective students. Hear from legal experts on what these changes mean and what steps you should consider.

Join Anna Stepanova, Member at the Murthy Law Firm, along with Tejas Shah and Mala Bajpai, for an important discussion on the new student visa restrictions and what they mean for international students.

Attorney Stepanova brings a unique perspective to the discussion, having worked as a Designated School Official (DSO) before becoming an immigration lawyer. She has extensive experience with student visa and status issues.

The panel will explain and clarify the new regulations, helping prospective and current students understand their options, follow the rules, and maintain lawful status throughout their studies in the United States.

Join us for practical guidance on navigating these important changes.

Featured panel includes:

Tejas Shah, SABA Foundation
Anna Stepanova, Murthy Law Form
Mala Bajpai, SABA North America

August 25, 2026
9am-10am PDT | 12p-1p EDT

Register HERE: tinyurl.com/saajcostudentvisa

The post 25.Aug.2026 Webinar: Understanding the New Student Visa Restrictions appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

The likely explanation is that USCIS is revoking no-longer-needed five-year EADs/APs tied to I-485 applications which have been approved. These revocations generally are not ground for concern. (11.Aug.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.

 

 

Copyright © 2026, MURTHY LAW FIRM. All Rights Reserved

The post Why are some green card holders seeing old EADs and APs revoked online? appeared first on Murthy Law Firm | U.S Immigration Law.

A new DHS rule, scheduled for publication Aug. 11, would allow USCIS to mandate e-filing for forms available online for at least 180 days. USCIS must provide 60 days’ notice, and hardship waivers would be available. Online filing could mean either completing the form through USCIS’s guided online system or uploading a completed PDF through a USCIS online account. More info.

The post USCIS Moves Toward Mandatory Online Filing appeared first on Murthy Law Firm | U.S Immigration Law.

Effective September 9, 2026, employers with 50+ U.S. employees, more than half of whom hold H1B or L1 status, must pay the $4,000 H1B or $4,500 L1 biometric fee on all extension-of-status petitions, including same-employer extensions. More info.

The post H1B & L1 Filing Fee Alert appeared first on Murthy Law Firm | U.S Immigration Law.