United States
Complete visa guide, latest immigration news, and application steps for Indians traveling to United States.
United States Immigration News

A Quicker Option: U.S. Preclearance Now Available at Torontoโs Billy Bishop Airport
U.S. Preclearance is now available at Toronto's Billy Bishop Airport (YTZ) as of March 10, 2026. This allows travelers, including Indians, to complete U.S. immigration and customs checks before departing Canada, streamlining arrival in the U.S. If you are an Indian traveling from Canada to the U.S. via YTZ, plan to arrive earlier for your flight to complete the preclearance process.
USCIS Hold and Review of Benefit Applications for Nationals of High-Risk Countries
USCIS has issued a policy to place an adjudicative hold on pending benefit applications and re-review past approvals for nationals of "high-risk countries" identified in a new Presidential Proclamation. The provided information does not specify if India is on this list, so it's unclear how this directly affects Indians at this time. If India is included, affected individuals will experience delays in their application processing, with no approvals or denials issued until the hold is lifted.
Do I need to offer my H1B employees the same employee benefits as other workers?
H1B visa holders, including many Indians, must be offered the same benefits as other similarly employed workers. Employers cannot discriminate based on H1B status. This clarifies that Indian H1B employees are legally entitled to equal benefits from their US employers.
I have a pending I-485 application and recently changed employers. Do I need to file for AC21 job portability immediately?
If you have a pending I-485 application and change employers, you must ensure your eligibility for adjustment of status. It is important to request AC21 job portability as soon as possible to confirm a qualifying job offer still supports your I-485. This applies to Indians in the green card backlog who often change jobs while their I-485 is pending.
I am in the U.S. on H1B working for a U.S. employer. Can I also work as a contractor for a company located in Europe?
H1B visa holders in the U.S. are generally **not authorized** to work as contractors for foreign companies, even if the company is based outside the U.S. This is considered unauthorized employment and a violation of H1B status. Indian H1B workers should only work for their H1B sponsoring employer to avoid immigration issues. No specific action items or deadlines are mentioned, but compliance is ongoing.
Federal Court Blocks Significant Pieces of Administrationโs Sweeping Immigration Appeals Rule That Eliminates Meaningful Judicial Review
A U.S. federal court has blocked significant parts of a new immigration appeals rule that would have drastically changed how appeals are handled by the Board of Immigration Appeals (BIA). This means non-citizens, including Indians, will retain current appeal rights, such as 30 days to file appeals instead of 10, and safeguards against summary dismissal. The blocked rule was set to take effect on March 9, 2026.
Risk of Interfiling on a Childโs CSPA Eligibility
Indians who interfile their I-485 applications between EB2 and EB3 categories should be aware of risks to their children's CSPA eligibility. Interfiling changes the underlying I-140 petition, which can alter the CSPA age calculation for dependent children. This is crucial for Indian families who frequently interfile due to fluctuating priority dates, as it could lead to a child "aging out" of their green card process.
BREAKING: DHS Leadership Change Announced
The U.S. Department of Homeland Security (DHS) is undergoing a leadership change, with Secretary Kristi Noem stepping down and Senator Markwayne Mullin nominated as her replacement. This transition could lead to shifts in U.S. immigration policy and enforcement priorities. Indians should monitor these developments as they may affect visa processes and immigration matters.
New Form I-129 and What it Means for H1B Cap Registration
The USCIS has updated Form I-129, which will be mandatory from April 1, 2026. This new form requires employers to detail wage level information for H1B positions, including educational and experience requirements, which will be compared with the wage level used during H1B cap registration. This is crucial for Indians seeking H1B visas, as higher wage levels now increase selection odds under the new lottery system, making accurate and consistent reporting essential.
MurthyAudio: Consular Nonimmigrant Visa Issues
A new podcast from Murthy Law Firm, featuring attorneys from their Chennai office, discusses common issues encountered at U.S. Consulates when applying for nonimmigrant visas. This information is particularly relevant for Indians seeking U.S. visas, offering insights into potential challenges. Listeners can access the podcast to better prepare for their visa interviews; there are no specific action items or deadlines mentioned.
H1B 2027 Lottery Predictions – How Many? Impact of $100K Fee, New Lottery Process
The H1B 2027 season will introduce major changes, including a new wage-based lottery process. This shift will significantly impact Indian applicants, as selection may prioritize higher-paid positions rather than random selection. Indians should prepare for a different application strategy as these changes come into effect.
My minor child may age out of their eligibility to immigrate as my dependent. Can my child file an EB5 petition as the main applicant?
Indian parents concerned about their minor children "aging out" of dependent visa categories can explore the option of their child filing an EB-5 petition as a main applicant. This is legally possible, but requires careful planning, especially if the child is under 18, to ensure investment agreements are legally valid. This offers a potential pathway for Indian minors to secure a green card independently.
I am in H1B status with a valid visa stamp and plan to travel outside the United States. I have a chronic health condition. Will this affect my ability to return to the U.S.?
For Indians on H1B with a valid visa stamp, a chronic health condition generally won't prevent re-entry to the U.S. However, if you need to apply for a *new* visa, recent U.S. Department of State guidance indicates that medical conditions may be considered, potentially affecting your application. There are no immediate action items or deadlines mentioned for those with existing valid visas.
Does the SOC code listed in the H1B lottery registration have to match the SOC code that ultimately will be used for the H1B cap petition?
For Indians applying for H1B visas, the SOC (Standard Occupational Classification) code used in the lottery registration must generally match the one on the final H1B cap petition. While a different SOC code might be acceptable in limited cases if it doesn't lower the wage level, it doesn't guarantee approval. Applicants should ensure consistency between their registration and petition to avoid issues.
E-3 โSpecialty Occupationโ Standard: How Close is it to H1B?
This article explains the E-3 visa for Australian citizens, highlighting its strong resemblance to the H1B visa in terms of "specialty occupation" requirements. It details that E-3 jobs, like H1B, require a specific bachelor's degree or equivalent. This information is not directly applicable to Indian citizens as the E-3 visa is exclusively for Australians.
New Form I-129 Alert
The updated Form I-129 now requires employers to provide details used to determine the LCA wage level, including minimum job requirements and degree field. For H1B cap cases, employers must also list the wage level selected during registration. This change affects Indian professionals applying for H1B visas, as their employers will need to submit more specific wage-related information.
Legal Services Organizations Sue to Block Sweeping Immigration Appeals Rule That Eliminates Meaningful Judicial Review
Legal organizations have sued to block a new rule that shortens immigration appeal deadlines and makes it harder to get cases reviewed by the Board of Immigration Appeals (BIA). This change could negatively impact Indians with ongoing immigration cases in the U.S., including those seeking asylum or facing deportation, by limiting their ability to appeal decisions. The rule is set to take effect on March 9, 2026, unless blocked by the court.
Concerning Immigration Language Rumored to be in Federal Plea Agreements
New language in US federal plea agreements may require non-citizen defendants to waive important immigration rights. This change could severely impact Indians facing criminal charges, making it harder to avoid deportation or maintain immigration status even with a plea deal. Indians in such situations must urgently consult both criminal defense and immigration attorneys before accepting any plea agreement.
My EB2 I-140 is approved. Is it okay if my brother also sponsors me for a green card?
Indians with an approved EB2 I-140 petition can also be sponsored for a green card by a family member, such as a brother. Filing a family-based case will generally not impact an existing employment-based petition. No specific action items or deadlines are mentioned.
My wife and I wish to move back to India. My son is currently enrolled in university and wishes to remain in the U.S. Can I gift funds to my child so that he can apply for a green card through the EB5 program?
Indian parents can gift funds to their children for an EB-5 green card application in the U.S. This allows Indian students to pursue permanent residency through investment, even if their parents return to India. Parents acting as gift givers must provide financial documents, including seven years of tax returns and proof of lawful source of funds.
I am in H1B status working from a home office. My employer is moving me to a different client, but I will continue to work from home. Because there is no location change, is it true we do not need to file an H1B amendment. Is that correct?
For H1B visa holders, a change in project may require an H1B amendment, even if your work location (e.g., home office) remains the same. This applies if there's a "material change" in your job duties from what was originally approved. Indian H1B workers should ensure their employers file an amendment if their new project significantly alters their role.
March 2026 Visa Bulletin
The March 2026 Visa Bulletin shows movement for Indian applicants in some employment-based categories. EB1 India advances to March 1, 2023, and EB2 India moves to September 13, 2013. However, EB3 and EB5 categories for India remain unchanged. This means some Indian applicants with earlier priority dates may now be eligible to file for adjustment of status or receive an immigrant visa.
Guidance: Tuberculosis testing in the USA
Indians applying for a UK visa while residing in the USA must undergo tuberculosis (TB) testing at an approved clinic in the USA. This is a mandatory requirement for their UK visa application. Applicants should ensure they get tested at a designated clinic before submitting their visa application.
DOS Provides Consolidated Guidance on B-1 Visas
The U.S. Department of State has clarified B-1 business visa rules, emphasizing it's for "business activities" like meetings or negotiations, not for performing work or filling a job. This means Indians traveling on a B-1 visa must ensure their activities strictly align with business visitor purposes and not employment. There are no specific deadlines, but travelers should review the updated guidance to avoid issues.
California AB 692 and Its Impact on Employer Green Card Reimbursement Agreements
California's new law, AB 692, effective January 1, 2026, will largely prohibit employers from requiring repayment of green card sponsorship costs if an employee leaves their job. This affects Indians in California who are sponsored for permanent residency, as employers cannot recover these costs from new agreements. No immediate action is required, but this offers more protection for employees seeking green cards in California.
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