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The H1B nonimmigrant program is one of the most versatile and widely used work visa programs in the United States. Therefore, having a good understanding of the program can be helpful for both workers and their respective employers. Below are some of the most common H1B questions received by the Murthy Law Firm, sent from both foreign nationals and H1B employers.

1. What is an H1B?

H1B is a nonimmigrant visa category that allows a foreign worker to come to the United States and work in a “specialty occupation,” which includes many professional positions. The H1B gives a foreign national permission to work in the U.S. and a status that allows her/him to lawfully remain in the U.S. on a temporary basis. Generally, the maximum period that a worker can be in the U.S. in H1B status is six years, which can be granted in increments of no more than three years at a time. There are exceptions to this rule permitting extensions beyond the six years when an employer or the worker on his/her own behalf has filed for lawful permanent resident (commonly referred to as “green card”) status and certain conditions have been met.

For example, an extension may be granted if at least 365 days have passed since the filing of a labor certification application or, in the case of a self-sponsored worker, an immigrant petition. An extension may also be available where an immigrant petition has been approved but the worker’s priority date is not yet current, meaning a green card is not yet available.

2. What is a specialty occupation?

A specialty occupation is a job that requires the “theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.” This includes many professional positions.

The position must require a bachelor’s (or higher) degree in the specific field that is directly related to the offered job. The fact that a prospective H1B worker possesses a bachelor’s degree does not make that position a specialty occupation. Also, if a position requires a bachelor’s degree in any specific field or a more general field of study such as Business Administration, it is most likely not considered a specialty occupation, as the bachelor’s degree must be in the field in which the foreign national works in the U.S. In addition, the H1B beneficiary must have the required education or its equivalent at the time the case is filed.

3. What if the worker does not have a U.S. bachelor’s (or higher) degree?

Generally, a prospective H1B worker can qualify either with a bachelor’s (or higher) degree awarded by an accredited U.S. college or university; but there are alternative ways to meet this requirement. A degree awarded by a foreign university that is equivalent to a U.S. bachelor’s (or higher) degree will meet the specialty occupation degree requirement. Alternatively, if a candidate has a combination of both education and experience, or experience alone, that is determined to be the equivalent of a U.S. bachelor’s (or higher) degree she/he can qualify for the H1B.

4. Is there a particular salary that an employer must pay a worker in H1B status?

Yes. An H1B employee must be paid no less than the greater of the prevailing wage or the actual wage for the position.

A prevailing wage is specific to a position within the local area where the job is to be performed, based on the education and experience the employer requires for the position. The U.S. Department of Labor (DOL) has published guidelines on its website that explain how to determine the prevailing wage. Also, an employer can ask the DOL to determine the prevailing wage. The “actual wage” is the wage paid to all other employees at the work location with similar experience and qualifications for the position with that particular employer. If the actual wage is lower than the DOL’s prevailing wage, then the wage must meet the DOL’s prevailing wage.

5. What is the Labor Condition Application (LCA)?

The LCA filed and certified as part of the H1B program should not be confused with the Labor Certification, also known as a PERM application, that is filed as part of the green card process. An LCA for an H1B petition must be certified by the DOL before filing an H1B petition with the U.S. Citizenship and Immigration Services (USCIS). The DOL is responsible for ensuring that a foreign worker neither displaces nor adversely affects the wages or working conditions of U.S. workers in the same area where the employer intends to locate the H1B employee.

The LCA requires an employer to make a series of attestations (signed under oath with federal criminal sanctions) regarding the correct wage being offered, the work location, working conditions, and termination of U.S. workers in the same position. The LCA is submitted and certified electronically. A certified LCA must be filed with the H1B petition to USCIS and the failure to include it generally will result in denial of the H1B petition. An employer filing an LCA on its own behalf must register with the DOL and establish an online account before submitting the application. When an attorney files on the employer’s behalf, the attorney can submit the LCA through their own account; however, in either case, the employer’s Federal Employer Identification Number (FEIN) must be verified with the DOL before the LCA can be certified. Once verified, the FEIN does not need to be verified again for future LCA filings.

6. What is the H1B cap and how does it work?

The H1B cap is an annual limitation on the number of individuals who may be granted H1B status, not including those who are exempt from the cap (which includes those who previously have been counted against the H1B cap). The cap is set by Congress and currently is at 65,000. However, only 58,500 generally are available, as some numbers are set aside specifically for nationals of Chile and Singapore. This does not include the 20,000 additional H1B numbers available to persons who have earned master’s or higher degrees from public or non-profit U.S. Universities, commonly referred to as the master’s cap.

USCIS typically conducts a randomized selection of people registered for the H1B cap lottery by potential U.S. employers. An employer interested in sponsoring someone for a cap subject H1B starts by submitting a Registration during the period announced by the USCIS. Once the Registration period closes, the USCIS generates a list of eligible beneficiaries and issues Selection Notices to their prospective employers. A Selection Notice is required to file an H1B cap petition. Among other details, the Selection Notice will state the filing period and whether the sponsored employee is counted against the regular or master’s cap.

7. When should H1B petitions for cap-subject cases be filed and how does the timing work?

An H1B petition for a cap-subject worker can only be filed with USCIS if a Selection Notice was issued to the U.S. employer. The H1B petition cannot be filed any earlier than April 1st. The federal government’s fiscal year begins on October 1st and ends the following September 30th. Under the general rule, cases can be filed no more than six months in advance of the requested start date. Therefore, the earliest that cap-subject H1B petitions can be filed by employers is the first day in April, requesting an October 1st start date. However, the H1B petition can only be filed within the period designated on the Selection Notice.

8. I am graduating from a master’s program in the U.S. this coming May. Can the employer register me for the lottery under the master’s cap?

This depends. If one has completed all the requirements for the degree by the time the H1B Petition will be filed, then the employer may complete the registration for the master’s cap. When a person is picked in the H1B lottery, the Selection Notice will specify the period in which to file the H1B petition. By law, the USCIS should provide at least 90 days, starting on April 1, to file the cap H1B petition.

It is not necessary to have the physical diploma in one’s possession. However, a letter should be submitted from the university stating that the degree has effectively been awarded and the diploma will be sent or presented at a later date. One should not apply for the master’s cap if the degree requirements will not be completely fulfilled before the end date of the typical 90-day Selection Notice filing period.

9. Are there any exceptions to this cap? Are there people who do not have to compete for a new H1B?

The law has a few built-in exceptions to the H1B cap. First, if a foreign national was counted previously against the H1B cap and has not utilized the full six years (or is eligible to extend beyond the six-year limit), the individual is considered exempt from the H1B cap.

Second, in certain instances, the job itself or the employer may not be subject to the numerical limitation on H1Bs. Employment by or at an accredited, nonprofit university, or a university’s nonprofit affiliate is exempt from the H1B cap. Similarly, there is a cap exemption for employment at certain nonprofit or governmental research organizations.

Finally, a physician who has been granted a qualifying waiver to the J-1 home residency requirement (e.g., Conrad 30 waiver) is permanently exempt from the H1B cap.

10. Can I file an H1B petition on my own? Do I need to be sponsored by an employer?

Only a U.S. employer may file an H1B petition on behalf of a foreign national. A person cannot self-sponsor for H1B. However, a person who owns a separate U.S. business entity can be sponsored by that employer to work in H1B status. Where the beneficiary possesses a controlling interest in the petitioner, meaning the beneficiary owns more than 50 percent of the petitioner or has majority voting rights, the beneficiary may perform duties directly related to owning and directing the business so long as the beneficiary performs specialty occupation duties a majority of the time, consistent with the terms of the H1B petition.

11. I found a U.S. company that is willing to sponsor me for an H1B position, but I have to hire an attorney to file the case and cover all the costs. Is that ok?

By law, certain fees associated with an H1B petition, including the ACWIA fee and the fraud prevention and detection fee, must be paid for by the employer. It is recommended, however, for the employer to pay the attorney fees and all government filing fees, even those not specifically required by statute. The DOL views nearly all fees paid in connection with the preparation and filing of an H1B petition to be an employer’s business expense. The DOL regulations state that the imposition of an employer’s business expense on an employee represents a reduction in wage payments. If the employee’s wage falls below the required wage (the higher of the “prevailing wage” or the employer’s “actual wage”) as the result of this reduction, then the payment of these fees would constitute a wage violation. The employer may be liable for back wages, civil monetary penalties, and/or disbarred from immigration programs, including filing H1B, H1B1, and/or E-3 petitions, in the event the employee’s wage falls below the required wage due to payment / reimbursement of the employer’s business expenses.

12. I am working for Employer A in H1B status. Employer B filed an H1B change of employer petition for me. Can I start working for Employer B right away?

Ordinarily, if an H1B beneficiary is in valid H1B status, s/he is legally allowed to start working for the new employer upon the filing of an H1B petition requesting a change of employer. If the H1B petition is approved as a change of employer (with I-94 card updated at the bottom of the approval notice), one may continue to work for the new employer until the expiration date on the I-94 card / H1B approval notice. If the H1B petition is approved with no I-94 card attached to the approval notice, one may have to immediately stop working, depart the United States, apply for an H1B visa at a U.S. consular post abroad, and be readmitted to the U.S. in H1B status before being authorized to resume work for the H1B employer. Status issues can be complicated and, if there is any question as to whether one is authorized to engage in H1B employment, s/he should consult with an experienced immigration attorney.

13. My employer filed an H1B extension for me before my I-94 expired. If the case is still pending when my I-94 expires, how long can I continue working?

Ordinarily, if an H1B employer applies for an extension of status without any changes to the job while the foreign national is still in valid status, once the current I-94 expires, the H1B worker can continue to work for up to 240 days, or until the H1B petition is approved or denied, whichever occurs first.

If the H1B petition to extend your employment is one requesting approval for changes to the previously approved employment, then one can generally continue to work until the H1B petition is approved or denied.

14. I am working for Employer A in H1B status. Employer B filed an H1B extension and change of employer petition for me. If I start working for Employer B based on the pending petition, and then my I-94 expires, how long can I continue working?

The 240-day limit only applies to extensions with the same employer, when 240 days has passed beyond the I-94 expiration date. For a change of employer, assuming it was filed while the current I-94 was still valid, one generally could continue working as long as the petition remains pending.

15. I am here in H1B status and H1B visa stamp in my passport has expired. What should I do?

It is important to first understand the difference between one’s visa foil (commonly referred to as a visa “stamp”) and one’s immigration status. The visa in your passport is a travel document only. Immigration status granted on an I-94, on the other hand, generally controls how long one may remain lawfully in the United States.

If the visa in one’s passport expires, this does not require departure from the U.S. But, if one does travel outside the U.S., it generally would be necessary to apply for a new H1B visa at a U.S. consular post abroad in order to return in H1B status.

One’s legal status in the U.S. depends on the expiration date on the I-94 card. Generally, as long as the latest I-94 card is currently valid, and one continues to work for the sponsoring employer under the terms of the petition, then s/he is legally permitted to be in the U.S., whether or not the visa in the passport has expired.

16. I’m in F-1 status and have an optional practical training (OPT) work permit. Is it true I can continue to work after my OPT expires based on cap-gap?

Under the cap-gap provisions, if an employer timely files a cap-subject H1B petition for a change of status (i.e., filed before the OPT period ends), then a foreign national in F-1 status may continue working between the expiration of employment authorization and the start date of the approved H1B petition. Under a rule that took effect on January 17, 2025, the cap-gap extension now continues until April 1 of the fiscal year for which the H1B status is requested, or until the H1B petition’s validity start date, whichever is earlier. Previously, the cap-gap period ended on October 1. If the H1B petition is denied, withdrawn, or revoked, the cap-gap extension terminates, and the individual generally has a 60-day grace period to depart the U.S.

Please see the MurthyDotCom NewsBrief, Cap-Gap Extensions of F-1 Status and OPT for more details on cap-gap provisions.

17. I was in H1B status for a few years and then went back to my home country for a couple of years. If I now return to the U.S. to work in an H1B position, do I get six more years?

Not unless you go through the H1B lottery again. The six-year clock in H1B status is not reset unless one leaves the United States and is outside for at least one year and then has a new cap-subject H1B petition filed on her/his behalf. If one wishes to return without being subject to the H1B lottery again, one is only entitled to reclaim whatever time remains of the original 6 years.

18. Can the H1B status be extended beyond the six-year maximum?

Under certain circumstances, extensions beyond the six-year limitation are possible. Such circumstances are:

• If a PERM labor certification or I-140 was filed on behalf of the employee at least 365 days prior, H1B extensions may be obtained in one-year increments.
• If an I-140 petition was approved on behalf of the employee, H1B extensions may be obtained in three-year increments as long as the priority date is not current.

19. I am out of the U.S. and have an H1B petition valid for two more years. The H1B visa stamp in my passport, however, expires in two months. Can I enter the U.S. now to work for this H1B employer, or do I need to get a new visa stamp first?

The visa foil (i.e. visa stamp) is an entry document. It generally can be used through the expiration date indicated. A foreign national typically is admitted in H1B status through the expiration date of the H1B petition, even if the visa expires before that date. It is important to review the I-94 admission record after each entry to confirm that the validity period is correct, as it should generally reflect the H1B petition expiration date rather than the visa stamp expiration date.

Note, however, that if one’s passport will expire before the expiration date of the H1B petition, one’s I-94 typically will be limited to the passport expiration date.

20. I am transferring to a new employer. The H1B visa stamp in my passport is still valid for about two years. Do I need to get a new visa next time I travel overseas?

Generally speaking, as long as the H1B visa “stamp” is facially valid, it may continue to be used following a change to a different H1B employer. It is important to show the latest H1B approval notice to the CBP at the airport or other port of entry to obtain the I-94 card to match one’s latest approval notice. One cannot assume that CBP knows about the new H1B approval notice and most likely CBP will admit the individual until the visa’s expiration date if not presented with the new approval notice.

21. Prior to moving to a new worksite location, my employer filed an H1B amendment. Can I travel to India while the amendment is pending?

It is permissible to travel with an H1B amendment pending. If there is a valid H1B visa “stamp” and approved petition for reentry, this typically is sufficient. It may be best to have the amendment receipt notice, in case of any questions. If the amendment is approved while traveling, that could be forwarded to the H1B employee to present at the port of entry.

22. I started working for a new H1B employer based on the filing of the change of employer petition. I now need to travel outside the U.S. Can I return before the change of employer petition is approved?

Ordinarily, as long as the I-94 with the previous H1B employer is still valid, the H1B worker may request readmission by presenting a valid, unexpired passport and H1B visa, evidence of previously having been granted H1B status (e.g., H1B approval notice for previous employer and copy of unexpired I-94), and a receipt notice for the change of employer request.

23. If I have a valid H1B visa in my passport, and I leave the United States, can I come back and work for a different employer without a new approval notice from USCIS?

No. One must have the new company’s H1B petition approved through the USCIS, since each H1B petition is employer specific. This applies to any employer for which one might work, whether or not the foreign national already holds H1B status.

24. I filed my H1B petition through another attorney over two months ago. Is there anything that can be done to expedite the case?

Yes. The case may be upgraded to premium processing by filing the appropriate forms and including the required fee. The USCIS is supposed to take action on the petition within fifteen (15) business days of receiving the premium-processing request.

25. I am in H1B status and was recently laid off. How long can I remain in the U.S.?

Upon the termination of employment, an H1B worker generally has up to 60 days – or until the expiration date of the current I-94, whichever period is shorter – to be sponsored for a change of employer, apply for a change of status, or simply depart the United States. More detail on this is available in the MurthyDotCom NewsBrief, Grace Period for Nonimmigrant Workers Following Loss of Employment.

26. I am the president of a small IT consulting firm. I have heard that the USCIS is closely scrutinizing petitions filed by companies such as mine. What steps should we take to maximize our chances of receiving H1B petition approvals for IT consultants?

IT consulting firms should provide strong evidence to show that they have specific, H1B-level work for their employees at the time of filing. If a consultant will be working on an in-house project, the USCIS expects to be provided with detailed information on the project, including its technical specifications, the end-product, and a business plan / market analysis (target market, expected revenue stream, anticipated length of the project, etc). If the project will not earn a revenue stream in a relatively short period of time, the firm should be prepared to provide evidence that the H1B employee’s salary can be paid by other means.

If a consultant will be placed at the worksite of an end client, this location should be stated in the H1B petition and in the certified labor condition application (LCA) that accompanies the petition. Under new regulations, the USCIS often looks at the job requirements of the end client for the position held by the H1B worker. One must also provide strong evidence of the specific project that is immediately available to the employee at the time of filing the petition or the requested start date.

Conclusion

Although this overview addresses basic H1B issues, it is important to recognize that even seemingly simple H1B matters can quickly lead to more complex problems. As such, it is best to work with an experienced immigration attorney who can guide you through the H1B process.

While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers.

 

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Having been on multiple boards through my adult life and career, I have often been asked – what is it that you do as a Board member?

Well, board members play a central but often misunderstood role in organizations. They are not involved in daily operations, nor are they meant to replace management. Instead, they serve as stewards of the institution’s long-term health, purpose, and integrity. Whether in a business or a nonprofit, the board exists to provide oversight, strategic direction, and accountability, ensuring that the organization remains aligned with its mission while operating responsibly and sustainably.

For nonprofits, boards are even more essential. Because nonprofits do not exist to generate profit, trust and mission alignment are paramount. Donors, communities, and beneficiaries rely on boards to ensure that resources are used as promised and that programs truly serve their intended purpose.

Ultimately, board members matter because they hold organizations accountable to something larger than any single leader or moment in time. They safeguard mission, integrity, and sustainability. A strong board guides without controlling, challenges without undermining, and supports without overstepping.

As a board member, I’m proud of the work we do because it reflects shared values and a genuine commitment to impact. Serving on the board means lending time, experience, and judgment to strengthen an organization beyond personal gain. It’s about stewardship, accountability, and helping turn vision into meaningful outcomes. I take pride in collaborating with dedicated colleagues, supporting leadership, and making decisions that serve the community with integrity. Knowing that our efforts help advance the mission, sustain trust, and create lasting value makes this role both a responsibility and an honor.

~Sheela Murthy

 

CURRENT BOARDS

United Way of Northeast Florida
At United Way of Northeast Florida, they work to create a community of opportunity where everyone has hope and can reach their full potential.

Maryland Institute, College of Art
The Maryland Institute, College of Art (MICA) is among the top art colleges in the country.

JHPIEGO
An international, nonprofit health organization affiliated with The Johns Hopkins University,

Baltimore Museum of Art
The Baltimore Museum of Art (BMA) was founded more than a century ago, on the principle that access to art and ideas is integral to a vibrant and healthy city.

 

PAST SERVICE TO BOARDS, COUNCILS, AND COMMITTEES:

Maryland Chamber of Commerce Foundation, Chair, Board of Directors (2020-2022)

Stevenson University, Board of Trustees (2008-2017, 2019-2022)

Cancer Treatment Centers of America, Eastern Region, Board of Directors (2011-2021)

ASHA for Women, Washington D.C., Board of Advisors (2009-2020)

Maryland Chamber of Commerce, Chair, Board of Directors, (2015-2017)

Pratham D.C., Board of Directors (2010-2016)

United Way of Central Maryland (UWCM), Board of Directors (2009-2015)

UWCM Chair of the Campaign (2019) & Tocqueville Society Chair (2023-2024)

TiE (The Indus Entrepreneurs) D.C., President, Board of Directors (2018)

United Way Worldwide, Chair, Leadership Council for India (2011-2015)

Girl Scouts of Central Maryland, Chair, Board of Directors (2010-2014)

Harvard Law School, Dean’s Advisory Council, Cambridge, MA (2009-2012)

Bar Association of Baltimore City, YLS, Executive Committee (1989-1994)

 

Copyright © 2026, Murthy Law Firm. All Rights Reserved

The post What Does One Do as a Board Member? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

There may be other options available to you, as explained in the MurthyDotCom NewsBrief, Options if Not Selected in the H1B Lottery (01.Apr.2024). It would be advisable to discuss these options further with a qualified immigration attorney. (31.Mar.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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Answer

A birth certificate issued by an Indian Embassy typically does not meet the birth document criteria for adjustment-of-status purposes. However, it can be considered secondary evidence to supplement deficient primary birth documents. (31.Mar.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 from India and getting ready to file for adjustment of status. I do not have a birth certificate from India. Can get a birth certificate from the Indian Embassy in the United States. Will this be enough? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

This work likely would constitute unauthorized employment, even when you are not getting paid. (31.Mar.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 a software engineer on an H1B visa. On weekends, I work as a DJ as a side gig, mostly for fun and unpaid, but occasionally paid. Is this permitted? appeared first on Murthy Law Firm | U.S Immigration Law.

Check your I-140 approval before filing for AOS! If your employer was acquired or merged, you may need to update the petition with USCIS to reflect a valid successor company and job offer. If anything about the job or labor certification has changed, consult an immigration attorney right away!

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It can take years for a foreign national to be granted status as a lawful permanent resident (i.e., “green card” holder) through one of the employment-based categories. This is especially true for applicants born in one of the heavily “oversubscribed” countries, notably India and China. So, as one’s priority date draws closer to becoming current, the last thing that person wants is further delays caused by a lack of the documents necessary to file the application to adjust status (form I-485).

Original Birth Certificate for Adjustment of Status

To file for adjustment of status, submission of birth documentation is required. This birth documentation usually takes the form of an official birth certificate that, ideally, was issued shortly after the applicant was born. However, if an individual does not have a birth certificate, alternate documentation will be necessary. Similarly, if the person has a birth certificate, but it does not meet certain requirements, such as not containing the complete biographical information, or not having been registered within one year of the birth, additional evidence of one’s birth likely will be needed.

Alternate Birth Documentation Varies by Country

If the applicant does not have an original birth certificate that meets the U.S. Citizenship and Immigration Services (USCIS) criteria, alternate documentation should be obtained to satisfy the birth certificate requirement. It should be noted that the specific documents available may depend based on one’s country of birth. A country-by-country list of accepted civil documents is available on each respective country’s reciprocity page on the U.S. Department of State website.

If no original birth certificate can be obtained, some countries, including India, typically allow the individual to apply for a certificate of nonavailability from the local authorities with jurisdiction over the applicant’s place of birth.

Whether the person has no birth certificate or a birth certificate that does not meet USCIS requirements, the alternate evidence of birth required typically includes two birth affidavits as well as secondary birth evidence to satisfy the requirement for birth documentation. Birth affidavits may be provided by anybody who witnessed or had knowledge of the birth and was over 10 years old at the time of the birth. Secondary birth evidence is required to be provided as well, which includes but is not limited to the following: school leaving certificates, ration cards, church / baptismal records, hospital records and medical records. Many non-U.S. documents are in a language other than English. These must be accompanied by certified translations that meet certain USCIS standards.

Marriage Documentation for Adjustment of Status

If the I-485 applicant is married, marriage documentation also is required. This usually takes the form of a marriage certificate. However, if an individual does not have a marriage certificate or if the marriage certificate does not include all the information required by the USCIS (e.g., full names of bride and groom, date of marriage) additional evidence of the valid marriage must be provided. As with the birth documents, each country’s reciprocity page details the specific marriage documents required based on the country where the marriage took place.

Marriage Certificate may be Obtained Well After Wedding Date

If the applicant does not have a proper, qualifying marriage certificate, the individual should submit two marriage affidavits as supplemental documentation. A marriage affidavit can be signed by any individual who was present at the marriage ceremony and was at least 10 years old at the time of marriage. In addition, in many countries, it is possible to obtain a valid marriage certificate long after the marriage took place. Many non-U.S. documents are in a language other than English. These must be accompanied by certified translations that meet certain USCIS standards.

Proof of Lawful Status must be Established

In order to file the I-485 in an employment-based (EB) case or certain family-based (FB) cases, it generally is necessary to establish that one is in status at the time of filing. It also is necessary to show that status has been maintained since the applicant was last admitted to the United States, and that the applicant has not worked without authorization. Thus, adjustment applicants should gather their approval notices for nonimmigrant status, like H1B, H-4, F-1, and their I-94 cards, and any other documents establishing maintenance of lawful status. It is important to be able to document that any employment was pursuant to appropriate authorization.

Medical Vaccinations

Each I-485 applicant must undergo an immigration medical examination with a civil surgeon. This includes various vaccinations. In order to avoid unnecessary inoculation, it is best to obtain copies of one’s vaccination records for the civil surgeon.

Additional Areas to Review Prior to Priority Date Becoming Current

Any past criminal violation must be disclosed on the I-485 application, including those records that have been expunged or sealed. It may be necessary to include an addendum to the I-485 at the time of filing to explain why the criminal matter does not make the individual ineligible for a green card. Preparing this addendum in advance of the priority date becoming current can help avoid delays. Further, the individual may need to obtain court records to submit with the I-485 application. Needless to say, any criminal matters should be discussed with the applicant’s immigration attorney well in advance of filing.

Conclusion

It can take time to gather certain documents, such as court records or official government documents. Documents, such as affidavits, do not expire. So, it makes sense to obtain certain records in advance, especially if one’s priority date is expected to become current in the near future.

While some aspects of immigration have changed in significant ways in the years since MurthyDotCom began publishing articles in 1994, there is much that is still the same. From time to time, clients of the Murthy Law Firm are referred to articles, like this one, which remains relevant and has been updated for our readers.

 

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Effective 30.Mar.2026, U.S. Department of State expands social media vetting to additional NIV categories (incl. A-3, C-3 domestic workers, G-5, H-3/H-4, K, Q, R, S, T, U), in addition to H1B, F, M, J. Applicants should set social profiles to “public” or “open.”

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DOL proposes major prevailing wage hike for H1B, H-1B1, E-3 & PERM. Wage levels would shift with an average increase of ~$14K/year per position. 60-day comment period opens tomorrow.
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Tomorrow, the U.S. Department of Labor (DOL) will publish a Notice of Proposed Rulemaking (NPRM) in the Federal Register that proposes to dramatically increase the prevailing wage levels used in the H1B, H1B1, E-3, and PERM labor certification programs. The NPRM is titled “Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States” and is published under Docket No. ETA-2026-0001.

What is Being Proposed?

The DOL is proposing to revise the four-tier prevailing wage structure that employers must follow when sponsoring foreign national workers. Since 2005, the four wage levels have been set at approximately the 17th, 34th, 50th, and 67th percentiles of the Occupational Employment and Wage Statistics (OEWS) wage distribution for a given occupation and geographic area. Under the proposed rule, these levels would shift substantially upward:

Wage LevelCurrent
PercentileProposed
PercentileLevel I (Entry)~17th~34thLevel II (Qualified)~34th~52ndLevel III (Experienced)~50th~70thLevel IV (Fully Competent)~67th~88th

 

The DOL states that its proposed levels were derived through a statistical model designed to align the average prevailing wage with the average actual wages paid to U.S. workers similarly employed in H1B-type occupations. The DOL estimates that these changes would increase the average certified wage by approximately $14,000 per year per position.

Which Programs are Affected?

The proposed changes apply to all four of the following programs:

• H1B nonimmigrant visa (specialty occupation workers)
• H1B1 nonimmigrant visa (workers from Chile and Singapore)
• E-3 nonimmigrant visa (workers from Australia)
• PERM labor certification (EB2 and EB3 immigrant visa categories)

The DOL is maintaining a unified four-tier wage methodology across all these programs to ensure consistency and prevent what it calls “program shopping.”

Why is DOL Proposing This?

The DOL contends that the existing wage levels, which have been in place for over 20 years, fail to adequately protect U.S. workers. According to the agency, the current methodology permits employers to hire foreign national workers at wage levels significantly below those paid to similarly employed U.S. workers, which the DOL argues creates an incentive to replace, rather than supplement, the domestic workforce. The DOL also points to evidence that major H1B program users have engaged in large-scale layoffs of U.S. workers while continuing to hire foreign nationals at lower wage levels.

What Happens Next?

Because this is an NPRM and not a final rule, it does not take effect immediately. The public will have 60 days from the date of publication (i.e., from 27.Mar.2026) to submit written comments.

The DOL will review all comments before issuing a final rule. If finalized, the new wage levels would apply prospectively to new certifications, allowing employers time to adjust.

What Should Employers and Foreign Nationals Do?

While this rule is still in the proposed stage, the potential impact is significant for employers who rely on the H1B or PERM programs. Employers should:

• Review their current and anticipated prevailing wage determinations in light of the proposed new percentile thresholds.
• Consider submitting comments to the DOL during the 60-day comment period, particularly if they believe the proposed levels are inappropriate or would have undue economic impact.
• Consult with their immigration counsel about how the proposed changes might affect pending and future cases.

MurthyDotCom will post a more detailed analysis of this proposed rule. Watch for updated information as it becomes available.

 

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The post NewsFlash! DOL Proposes Significant Hike to Prevailing Wages for H1B, H1B1, E-3, and PERM appeared first on Murthy Law Firm | U.S Immigration Law.

Effective March 10, 2026, U.S. Customs and Border Protection (CBP) Preclearance operations have launched at Billy Bishop Toronto City Airport (YTZ) in downtown Toronto. U.S.-bound travelers departing from this airport now will complete U.S. immigration and customs inspection before boarding in Canada. Once they arrive in the United States there will be no further inspections having been completed before boarding the plane.

What this Means for Travelers

With preclearance now operational at Billy Bishop, Canada has ten airports offering this service, including Toronto Pearson International Airport. The two Toronto-area facilities will operate independently of one another.

Importantly, Canadian citizens may now apply for TN and L-1 status at Billy Bishop as part of the CBP preclearance process. Previously, without CBP inspection facilities on-site, Canadian citizens flying from Billy Bishop could apply for TNs only upon arrival in the United States and could not apply for L-1 status at all when departing from that airport.

Practical Takeaway

This development expands options for Canadian nationals and U.S.-bound travelers in Toronto. Those considering TN or L-1 applications should consult with a qualified immigration attorney to ensure proper preparation and documentation before appearing before CBP.

 

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Answer

A pending I-485 application alone does not grant an immigration status but instead places the applicant in a period of authorized stay, which means the applicant can be present in the United States without accruing unlawful presence. (25.Mar.2026)

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The post I have a pending I-485 application for adjustment of status and decided not to renew my H1B and to switch to my EAD. Am I still in an immigration status? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

As of 08.Aug.2025, the USCIS rescinded the policy that allows a child’s age calculation under the CSPA to be based on Chart B. Since then, only the final-action chart (Chart A) is used to calculate a child’s age under the CSPA. (25.Mar.2026)

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The post I am now eligible to file for adjustment of status based on the dates-for-filing chart (Chart B) and my spouse and children will be applying with me. Will filing based on Chart B lock in my child’s age under the Child Status Protection Act (CSPA)? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

If the new worksite is in the same metropolitan statistical area (MSA) as the worksite location listed in the advertisements, the advertisements typically still can be used. If the new worksite is in a different MSA, then the PERM process likely would need to restart from scratch. (25.Mar.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 Our company conducted PERM recruitment and then relocated to a new office. Does that invalidate the advertisements we ran? appeared first on Murthy Law Firm | U.S Immigration Law.

Any prior encounter with law enforcement, no matter how old, how minor, or what the outcome, can complicate an otherwise straightforward immigration case filed with the U.S. Citizenship and Immigration Services (USCIS). The Murthy Law Firm has been seeing an increasing number of such cases across a range of petition and application types. This article explains the USCIS process when a beneficiary or applicant has any criminal history, what is typically requested, what is at stake, and how to respond effectively.

Background: No Encounter is Too Old or Too Minor

Foreign nationals often assume that an old arrest, a charge that was never filed, or an incident that resulted in no conviction will not affect their immigration case. That assumption is incorrect. The USCIS may conduct background checks on all applicants and beneficiaries, and its systems are connected to FBI criminal history databases. A match, even for a decades-old, dismissed, or expunged matter, may trigger further inquiry.

This applies regardless of whether the individual has previously disclosed the incident on other immigration forms, including nonimmigrant visa applications, or whether a U.S. consulate issued a visa after the incident. The nonimmigrant visa process and the USCIS adjudication process are separate, and a favorable outcome in one does not preclude scrutiny in the other.

As previously noted in the MurthyDotCom NewsBrief, Criminal Violations and Arrests in the Immigration Context (27.Dec.2023), even a seemingly minor criminal offense may result in immigration consequences. Further, it never should be assumed that offenses labeled “simple” or “petty” will not cause problems. The same principle applies in the petition and application context with the USCIS.

Step One: The RFE for a Biometrics Appointment

When the USCIS identifies a potential law enforcement match during its review, the typical first step is to issue a Request for Evidence (RFE) requesting that the applicant or beneficiary complete a biometrics appointment.

In petition cases, such as an H1B petition filed on Form I-129 or an immigrant worker petition filed on Form I-140, this RFE is directed to the petitioner, which is usually the sponsoring employer or company. Simultaneously and separately, the USCIS sends a biometrics appointment notice directly to the beneficiary (the foreign national employee) at their last known address on file.

Some beneficiaries, upon receiving what appears to be an unexpected appointment notice from a government agency, are skeptical about its authenticity and do not appear for their scheduled biometrics appointment. However, failure to attend may have serious consequences, as it may be treated as an inability to establish identity and background, leading to denial of the underlying case.

Step Two: Second RFE or NOID Requesting the Full Criminal Record

Once the USCIS confirms the beneficiary’s identity through the biometrics appointment, the agency typically follows up with either a second RFE or a Notice of Intent to Deny (NOID) requesting the complete criminal record. Where an arrest, charge, or conviction may be relevant to eligibility, admissibility, good moral character, or the exercise of discretion, the USCIS is entitled to request certified court records, arrest reports, and other official criminal record documentation to assess the immigration consequences of the underlying conduct.

The USCIS Policy Manual identifies the specific documents typically required. In practice, the USCIS most commonly requests:

• An original or certified copy of the arrest or police report for each incident
• An official court record reflecting the final disposition of all arrests, charges, or convictions, including dismissals, acquittals, deferred adjudications, and matters where no prosecution was ultimately pursued
• A certified copy of any court order vacating, sealing, expunging, or otherwise nullifying a prior conviction, where applicable

This applies to every incident in the individual’s history, not merely convictions. Where an official record is genuinely unavailable, the USCIS generally will accept a written confirmation on government letterhead from the relevant court or law enforcement agency stating that no record exists or remains available any longer, along with a personal statement from the beneficiary describing the incident and its resolution.

The Growing Trend: Denials Based on Discretion

For many years, responding adequately to the criminal history inquiry, by submitting the requested documents and demonstrating that there was no conviction or that the conviction did not trigger a statutory bar, was typically sufficient to obtain a favorable outcome. That is changing. The Murthy Law Firm has been receiving an increasing number of reports, particularly in recent months, of the USCIS denying cases based on discretion, even where there is no statutory bar to the benefit being sought.

The USCIS has broad statutory and regulatory authority to deny discretionary immigration benefits even to otherwise-eligible applicants. USCIS officers may exercise discretion in determining whether to grant a benefit. USCIS Policy Manual sets out the framework for the legal analysis and use of discretion in immigration adjudications, including the principle that officers must weigh all favorable and unfavorable factors in the totality of circumstances. Discretionary analysis must be conducted on a case-by-case basis.

The USCIS also updated the USCIS Policy Manual on 19.Aug.2025 to clarify how officers evaluate discretionary factors in certain immigration benefit requests. The guidance instructs adjudicators to assign “overwhelmingly negative weight” to certain conduct, including support for terrorist organizations or anti-American or antisemitic ideologies. In light of this heightened focus on discretionary factors, it is increasingly important for applicants to proactively submit mitigating and favorable evidence rather than waiting for the USCIS to draw its own conclusions during adjudication.

Responding Effectively: Demonstrating Mitigating Factors

Whether responding to an RFE, a NOID, or submitting a case proactively, it is essential to provide a robust set of mitigating evidence. Mitigating factors and supporting evidence that practitioners commonly submit include, but are not limited to:

• A detailed personal statement from the beneficiary explaining the circumstances of the incident, accepting responsibility where appropriate, and describing the steps taken since the incident toward rehabilitation and positive contributions
• Evidence that the incident was an isolated occurrence and not part of a pattern of behavior
• Character affidavits from responsible individuals, such as employers, colleagues, religious leaders, or community members, who have direct and personal knowledge of the beneficiary’s conduct and moral character
• Evidence of compliance with all court-ordered conditions, such as probation, fines, counseling, or community service
• Employment history reflecting stability and contributions to the employer and the professional community
• Evidence of community involvement, volunteer work, or civic engagement
• Family ties and responsibilities in the United States
• Length of continuous residence in the United States
• Academic credentials and professional achievements
• Evidence that no further law enforcement incidents have occurred since the original matter

Special Consideration in H1B and I-140 Cases: Petition vs. Status

In employment-based petition cases, particularly H1B petitions on Form I-129, there is a critical distinction between the petition being approved and the immigration status (or change of status) being granted. A USCIS officer may find that an employer and beneficiary have demonstrated all of the substantive petition requirements for H1B classification, yet deny the status benefit (i.e., the change of status or extension of stay) as a matter of discretion based on the beneficiary’s criminal history. In such cases, the USCIS may approve the petition for consular processing of the beneficiary’s visa only, meaning the underlying petition is approved, but the beneficiary must obtain an H1B visa stamp at a U.S. consulate abroad before entering the United States in H1B status.

This outcome, while not a complete denial, carries significant implications in the current regulatory environment. As previously reported in the MurthyDotCom NewsBriefs USCIS Clarifies Who will be Subject to $100,000 H1B Fee (20.Oct.2025) and Latest on Proclamation Implementing $100,000 H1B Fee (08.Oct.2025), H1B petitions that are approved for consular notification on or after that date, where the beneficiary does not already have a valid H1B visa, are subject to the $100,000 fee. This means that if the USCIS denies the change of status or extension and approves only for consular processing, the petition itself becomes subject to this substantial fee. The stakes, therefore, are extremely high.

Conclusion

Criminal history, no matter how old, minor, or previously disclosed, is a significant consideration in USCIS adjudications today. The agency is exercising its discretionary authority more aggressively than in prior years, and the consequences of an adverse outcome can be severe, including denial of status and, in H1B cases, exposure to the $100,000 consular processing fee. Foreign nationals and their sponsoring employers should approach these situations with experienced immigration counsel and a proactive strategy from the outset. The Murthy Law Firm is available to provide guidance and representation in these complex situations.

 

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The post How Law Enforcement Records Can Impact H1B and I-140 Petitions appeared first on Murthy Law Firm | U.S Immigration Law.

On 08.Aug.2025, USCIS rescinded the policy that allows a child’s age calculation under the Child Status Protection Act (CSPA) to be based on the dates-for-filing chart (Chart B), only the final-action chart (Chart A) is used to calculate a child’s age under the CSPA. Read more here.

The post Remember! Chart B Doesn’t Lock in Your Child’s CSPA Age appeared first on Murthy Law Firm | U.S Immigration Law.

I’m joining Jhpiego today for the annual Laughter Is the Best Medicine Gala to celebrate the leaders who are helping improve health for women and families around the world.

Learn more about the incredible work Jhpiego is doing and consider joining me as a supporter: https://jhpiego.org/ways-to-give/gala-donations/

This year we’re honoring incredible change-makers including Soledad O’Brien and Brad Raymond, Monique and Melvin Rodriguez, and Caroline Roan.

I am honored to celebrate the remarkable leadership of Dr. Leslie Mancuso as she retires after 25 years guiding Jhpiego with the inaugural Sheela Murthy Champion for Women Award.

Hosted by comedian Tom Papa, Global Ambassador, Gabrielle Union will join Michelle Buteau and Aloe Blacc, the evening brings together friends and supporters who believe that where someone lives should never determine whether they live.

It’s sure to be an amazing evening!

 

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The post Sheela Murthy Champion for Women Award – Dr. Leslie Mancuso, JHPIEGO appeared first on Murthy Law Firm | U.S Immigration Law.

Yesterday, the U.S. Department of State (DOS) released the April 2026 Visa Bulletin. There is some substantial forward movement, especially for unlisted countries of chargeability. All cutoff dates listed below refer to the final action chart (i.e., Chart A), unless otherwise specified.

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

In the EB1 category, both China and India’s cutoff date advance to 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 pushes forward to 15.Jul.2014. EB2 China 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 moves forward slightly to 15.Jun.2021. The EB3 cutoff date for all other countries of chargeability is set 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 is 01.Feb.2019. The EB3 other workers category carries a cutoff date of 01.Nov.2021 for all other countries of chargeability.

Employment-Based, Fourth Preference (EB4) Category

In the EB4 category, the cutoff date moves to 15.Jul.2022. This cutoff date also applies to the EB4 program for certain religious workers, which has been renewed through midnight of September 30, 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 01.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.

Adjustment of Status Filing

USCIS has announced that for April 2026, applicants seeking to file adjustment of status applications may use the “dates for filing” chart (i.e. Chart B). This is welcome news, as the dates for filing chart generally provides earlier cutoff dates, allowing more applicants to submit their applications sooner. Applicants should verify their eligibility on the USCIS website before filing.

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 April 2026 Visa Bulletin appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

This may be an option provided that the H-4 EAD renewal has been pending for longer than what a court might consider reasonable. (17.Mar.2026)

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The post My H-4 EAD renewal is still pending and my current EAD will expire soon. Because of processing delays, my work authorization may be interrupted, and I will need to stop working. Can I file a writ of mandamus lawsuit to force USCIS to adjudicate my H-4 EAD application? appeared first on Murthy Law Firm | U.S Immigration Law.

Answer

The initial travel ban established by Presidential Proclamation 10949 for certain high-risk countries included a categorical exception for immediate family members of U.S. citizens. However, the subsequently issued Presidential Proclamation 10998 that halted visa processing for an expanded list of countries removed that categorical exception for all countries. (17.Mar.2026)

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The post I am from a country subject to the travel ban / visa pause, and my U.S. citizen spouse would like to sponsor me for a green card. Is there an exception to the travel ban for immediate relatives of U.S. citizens? appeared first on Murthy Law Firm | U.S Immigration Law.