Legal Insights

Deep Analysis: Federal Judge Rules Trump's $100,000 H-1B Visa Fee Unlawful

A federal judge struck down the $100,000 H-1B visa fee as an unconstitutional tax and APA violation. USCIS cannot enforce the fee now, but appeal risks loom.

New USCIS Policy on Green Card Applications Filed Within the United States (Adjustment of Status)

Deep Dive into USCIS New Policy on I-485 Adjustment of Status: The Ultimate Guide to Strict Discretionary Standards, Risk Mitigation, and Denial Remedies

The new USCIS policy changes I-485 Adjustment of Status into a discretionary benefit. LYD Law Firm explains the stricter standards for green card applicants, critical adverse/positive factors, and key risk mitigation strategies.

USCIS New Policy on I-485 Adjustment of Status: A Guide for Green Card Applicants and Employers

A new USCIS policy stresses that Adjustment of Status is a discretionary benefit. Adjudicators will strictly weigh positive and adverse factors. Applicants face heightened scrutiny and must present stronger evidence to secure AOS approval.

Fact Sheet #68 – What Constitutes a Full-Time Employee Under H-1B Visa Program?

This DOL Fact Sheet outlines wage rules for H-1B workers. Employers must pay full-time workers for at least 35-40 hours weekly. Part-time workers must be paid for their LCA-specified hours, ensuring compliance with FLSA requirements.

The Strictest H-1B Reform Proposal of 2026: A 3-Year Pause, OPT Repeal! An In-Depth Analysis of Plan B Amidst Major Shifts in U.S. Immigration

On April 22, Rep. Eli Crane introduced the radical "End H-1B Visa Abuse Act of 2026," targeting H-1B, OPT, H-4, and green card pathways. We break down the bill's severe provisions, potential impacts, and how you can plan a secure "Plan B" to safely remain in the U.S.

FY 2027 H-1B Initial Selection Complete & Cap Reached: Petition Scrutiny, "Second Lottery" Odds, and Your Plan B Guide

USCIS has officially reached the FY 2027 H-1B cap. If selected, brace for strict petition scrutiny. If still "Submitted," don't let visa status shackle your dreams. The focus now shifts to Second Lottery odds and your Plan B. Plan ahead to keep your life uninterrupted.

Policy Advisory: USCIS Boosts Vetting & Significantly Cuts EAD Validity Periods for Key Categories

U.S. Citizenship and Immigration Services (USCIS) has recently updated its Policy Manual to drastically reduce the maximum validity period for the Employment Authorization Document (EAD). This update aims to implement recent legislation and ensure more frequent and rigorous background checks for foreign nationals authorized to work in the United States. I. Policy Rationale: Enhanced Vetting Through Reduced Validity USCIS states that shortening the maximum EAD validity periods will necessitate

Policy Advisory: USCIS Boosts Vetting and Significantly Reduces EAD Validity Periods

Policy Advisory: USCIS Boosts Vetting and Significantly Reduces EAD Validity Periods U.S. Citizenship and Immigration Services (USCIS) has recently updated its Policy Manual to drastically reduce the maximum validity period for the Employment Authorization Documents (EAD) for specific categories of foreign nationals. This update is designed to implement recent legislation and ensure more frequent and rigorous background checks for individuals authorized to work in the United States. I. The Co

CRITICAL Policy Alert: U.S. State Department Expands Mandatory Online Presence Review for H-1B, H-4, F, M, and J Visas (2025)

Effective December 15, 2025, the U.S. Department of State (DOS) will broaden its online presence review requirements. The policy now MANDATES social media screening for the following nonimmigrant visa applicants during the visa adjudication process: * H-1B Principal Applicants * H-4 Derivative Spouses and Children * F and M Student Visa Applicants * J Exchange Visitor Visa Applicants To comply with this expanded vetting, the State Department has directed that all social media accounts belo

Policy Alert: USCIS Clarifies "Admission" Requirement for Adjustment of Status under INA § 245(a) – Impact on U Nonimmigrants

I. Purpose of the Policy Update U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual to implement the core legal conclusion from the U.S. Supreme Court case, Sanchez v. Mayorkas, 141 S.Ct. 1809 (2021). The central finding applied here is: Being granted U nonimmigrant status while present in the United States does not constitute “admission” as required by Section 245(a) of the Immigration and Nationality Act (INA), and therefore does not satisfy the statutory prerequ

Client Alert: USCIS Clarifies Interpreter Policy for Field Office Interviews (2025 Update)

Practice Pointer: Please note that this alert generally does not apply to interviews conducted by the Asylum, Refugee, and International Operations (RAIO) directorate. I. Scope of the Policy It is crucial to understand where this policy applies. This guidance specifically targets interviews at USCIS Field Offices, including: * I-485 Adjustment of Status (AOS) interviews; * N-400 Naturalization interviews; * I-130/I-751 family-based petitions; and * Other standard immigration interviews c

Quick Reference: EAD Categories No Longer Eligible for 540-Day Automatic Extensions

On October 30, 2025, the Department of Homeland Security (DHS) published the Removal of the Automatic Extension of Employment Authorization Documents Interim Final Rule (IFR). This rule officially terminates the policy that previously allowed for an automatic extension of up to 540 days for Employment Authorization Documents (EADs). This policy had allowed employees to continue working legally while their timely filed renewal applications were pending, providing a critical economic buffer for e

Practice Alert: Key Considerations for Canadian Citizens Traveling to the U.S.

The AILA CBP Liaison Committee has provided the following practice pointers regarding admission, visa stamps, I-94 records, and registration requirements for Canadian citizens entering the United States. I. Visa Requirements Unlike travelers from ESTA-eligible countries, nationals of most other countries generally require a visa stamp issued by a U.S. consulate to enter the United States. However, Canadian citizens are generally exempt from this requirement. Exceptions apply: Canadians seeki

US Startup Visa: Can My Business Qualify Me for a Visa?

Questions like “how can entrepreneurs get a US visa” and “US startup visa requirements” are top concerns for individuals with business aspirations. As a law firm deeply rooted in Silicon Valley, LYD Law leverages local startup ecosystem insights to match you with the most suitable visa category: such as the E-2 Treaty Investor Visa (for entrepreneurs making a substantial investment in a U.S. business) or the EB-5 Immigrant Investor Program (for ventures that create jobs). We not only outline cor