While U.S. immigration law does not require married couples to reside together, separate residences during the green card process can significantly complicate adjudication.
Introduction Beginning in December 2025, U.S. consular posts—particularly in high-volume jurisdictions such as India—have initiated widespread rescheduling of non-immigrant visa interview appointments into 2026 and, in some cases, 2027. These postponements affect applicants across multiple employment-based non-immigrant categories, including H-1B, H-4, L-1, L-2, and related classifications. Importantly, these extended delays did not persist uniformly over
Introduction The 60-day post-termination grace period for H-1B professionals is one of the most consequential regulatory protections in U.S. employment-based immigration law. While H-1B status is traditionally tied directly to active employment, the grace period provides temporary relief to individuals who lose employment unexpectedly. The provision, incorporated into immigration regulations to address the realities of
Introduction Prudential visa revocation has become increasingly common in recent years, particularly for individuals in professional non-immigrant statuses such as H-1B, L-1, O-1, and F-1. A prudential revocation occurs when the U.S. Department of State (DOS) revokes a visa while the visa holder is physically present in the United States. The rationale is “precautionary”: DOS
The Form I-140, Immigrant Petition for Alien Worker, is the cornerstone of most employment-based permanent residency cases. Whether filed under the EB-1, EB-2, or EB-3 category, the I-140 requires a petitioner to establish—through credible, contemporaneous, and verifiable evidence—that the beneficiary qualifies for the requested classification and that the employer possesses the ability to offer the
The H-1B program has long served as a vital bridge for U.S. employers seeking to hire individuals with specialized knowledge and advanced academic preparation. As we approach the FY 2026 cap season, it is essential for employers, beneficiaries, and legal representatives to prepare adequately for the upcoming registration window and the updated regulatory framework governing
The Upcoming H-1B Cap: A Comprehensive Legal Overview for FY 2026 Read More »
In a pivotal decision on October 14, 2025, the U.S. Supreme Court declined to review a challenge to a 2015 Department of Homeland Security (DHS) rule permitting certain spouses of H-1B visa holders to work in the United States. This decision effectively upholds a 2019 ruling by the U.S. Court of Appeals for the District
U.S. Supreme Court Declines to Review Rule Allowing H-1B Spouses to Work Read More »
Background On September 19, 2025, the President issued a Proclamation under sections 212(f) and 215(a) of the Immigration and Nationality Act (INA) imposing a $100,000 supplemental fee on certain H-1B petitions. The measure, effective 12:01 a.m. EDT on September 21, 2025, was announced as part of broader reforms intended to prioritize domestic employment opportunities and
Introduction In an immigration system often burdened by numerical caps, backlogs, and rigid classifications, the O non-immigrant visa category provides a critical avenue for individuals of extraordinary ability or achievement to live and work in the United States. The O visa category, codified at 8 CFR §214.2(o), was established to facilitate the entry of individuals
Introduction The R-1 Non-immigrant Religious Worker Visa, codified under Section 101(a)(15)(R) of the Immigration and Nationality Act (INA) and 8 CFR §214.2(r), offers a dedicated pathway for foreign nationals who wish to enter the United States temporarily to perform religious duties in a professional or vocational capacity. Unlike employment-based visa categories such as the H-1B
