Paul Khetani Global

Last week, the Department of Labor suspended eight major employers from the PERM labor certification process. No new filings. No movement on pending cases. No end date announced. If you’re not at one of those companies, it’s tempting to scroll past. I’d think twice. Here’s what I’d want every employer and foreign national to understand: → PERM is the first step of many employer-sponsored green cards. This action targets that step, not H-1B status itself. → The real exposure is for workers who need PERM progress to extend H-1B status beyond year six. → DOL has signaled this could reach other companies, so it’s worth watching. What I’d be doing right now: If you’re an employer: Audit your PERM files. Are your recruitment records complete? Do job requirements match what you actually need, and what you actually hire for? Consistent, well-documented filings are your best protection in a tougher enforcement climate. If you’re an employee with a green card timeline tied to one employer: Know exactly where you are in the process. Understand which of your options depend on your employer’s PERM, and which don’t. For some people, paths like EB-1A or EB-2 NIW can be worth evaluating alongside the employer-sponsored route. Enforcement headlines move fast. Your strategy shouldn’t be built on headlines. It should be built on your facts. If you’re unsure how this affects your timeline or your hiring plans, message me. Happy to talk it through. This post is general information, not legal advice. #Immigration #PERM #GreenCard #H1B #EmploymentImmigration #HR #PaulKhetaniGlobal

🪔 Proud to be a sponsor of Illuminate the Night! 🪔 At Paul Khetani Global, we’re honored to support SABA-OC’s first-ever Diwali celebration. Supporting the South Asian legal community, and the communities our work serves, is at the heart of why we do what we do. Thank you to SABA-OC for the opportunity, and a big thank you to all of the fellow sponsors who are making this evening possible. Check out the flyers below to see everyone involved. If you’re attending, come say hi! #Diwali #IlluminateTheNight #SABAOC #SouthAsianBar #OrangeCounty #PaulKhetaniGlobal #ImmigrationLaw

October is a big month on the immigration calendar. Here are two USCIS updates employers and applicants should know right now: 1️⃣ The green card filing window is wider this month The October 2026 Visa Bulletin starts FY 2027, and USCIS is accepting green card applications for both employment- and family-based applicants under the Dates for Filing chart. For EB-2 “rest of world,” a priority date before March 15, 2026, is enough to file. Some categories moved backward on Final Action Dates, though, so being able to file doesn’t mean approval is close. 2️⃣ Incomplete filings are riskier than ever Since August 5, USCIS officers may deny a case outright, with no RFE or NOID, when required evidence is missing. Even when an RFE is issued, response windows are now often around 30 days, and the extra 14 days for notices mailed abroad is gone. “We’ll fix it in the RFE” no longer works as a plan. The takeaway: many green card applicants have an open window right now, but there’s less room for error. If you’re eligible to file this month, make sure your package is complete from day one. If your team or your family is weighing next steps, PKG is here to help. This post is for general information only and is not legal advice. #Immigration #USCIS #VisaBulletin #GreenCard #EmploymentImmigration #HumanResources

Five Common Misconceptions About the EB-2 National Interest Waiver The EB-2 National Interest Waiver (NIW) is one of the most strategic paths to U.S. permanent residence, yet it remains widely misunderstood. Below, we address the misconceptions we encounter most often. 1. "A PhD is required." It is not. Petitioners must hold an advanced degree, which can be a master's degree or a bachelor's degree followed by five years of progressive experience. Alternatively, they may qualify through exceptional ability in their field. 2. "An employer must sponsor the petition." The NIW waives both the job offer and the PERM labor certification requirements, so qualified individuals may self-petition. 3. "Only individuals at the very top of their field qualify." That standard is closer to EB-1A. For the NIW, a petitioner must show three things under Matter of Dhanasar: ➡️ the proposed endeavor has substantial merit and national importance ➡️the petitioner is well positioned to advance it ➡️on balance, waiving the job offer and labor certification requirements would benefit the United States 4. "The NIW is reserved for researchers and scientists." Entrepreneurs, engineers, healthcare professionals and other specialists regularly pursue NIW classification. The analysis centers on the proposed endeavor and its broader impact, not the petitioner's job title. 5. "Strong credentials are sufficient on their own." Credentials are important, but USCIS's January 2025 policy guidance emphasized that the endeavor must have implications beyond a single employer or client base. How the endeavor is defined and documented is often decisive. The bottom line: A successful NIW petition depends on careful strategy as much as on qualifications. At Paul Khetani Global, we work with founders, executives and professionals on employment-based immigration strategy, including EB-2 NIW petitions. To discuss whether the NIW may be right for you, contact us at paulkhetaniglobal.com Disclaimer: This post is for general informational purposes only and does not constitute legal advice. #ImmigrationLaw #EB2NIW #NationalInterestWaiver #EmploymentBasedImmigration #PaulKhetaniGlobal

Visa Screening Update: Social Media Vetting Expands to More Categories Effective October 1, 2026, the State Department is expanding its social media vetting requirement to three additional nonimmigrant visa categories: → I visas (foreign media representatives) → TN visas (USMCA professionals) → TD visas (dependents of TN visa holders) Applicants in these categories must now set the privacy settings on all of their social media profiles to "public" or "open" as part of the visa adjudication process. This isn't a new policy. It extends a vetting practice already in place for eight other categories, including F-1 and M-1 students, H-1B and H-3 workers, and J-1/J-2 exchange visitors. The State Department has been clear about the rationale: every visa adjudication is treated as a national security decision, and online presence is now part of that review. What this means in practice: if you're sponsoring or applying for a TN, TD, or I visa, build in time for this step before your interview, and be thoughtful about what a public profile shows. If you receive a 221(g) administrative processing notice tied to social media, that's a moment to loop in counsel rather than respond on your own. We're tracking these vetting expansions closely for our clients. Feel free to reach out if you want to talk through how this affects an upcoming filing. #ImmigrationLaw #VisaScreening #TNVisa #H1B #BusinessImmigration

🚨 A win for international students and exchange visitors! On September 14, 2026, a federal judge in the District of Massachusetts issued a nationwide preliminary injunction blocking DHS's final rule that would have eliminated "duration of status" (D/S) for F, J, and I nonimmigrants. Under the rule (finalized July 17, 2026), F-1 and J-1 students and exchange visitors would have been capped at a fixed 4-year admission period regardless of program length and any extension would have required a separate USCIS application. For anyone in a longer program (PhD, dual degree, med school), that's a meaningful disruption avoided, at least for now. Judge F. Dennis Saylor IV found DHS likely violated the Administrative Procedure Act: an inadequate cost-benefit analysis, a failure to meaningfully engage with the roughly 22,000 public comments the rule drew, and no clear rational connection between the rule and its stated security rationale. What this means today: D/S remains in effect nationwide. Students and exchange visitors generally do not need to file for an extension solely because their program runs longer than 4 years. But this is preliminary relief, not a final ruling. DHS can appeal, and the underlying case continues. At PKG, we work with founders, executives, and individuals across the immigration spectrum, and many of them started their U.S. journey as F-1 students. Changes like this ripple downstream into OPT, H-1B, O-1, and EB-1A pathways, so we're watching this case closely and will keep our clients and community posted as it develops. #ImmigrationLaw #F1Visa #J1Visa #InternationalStudents #HigherEd #DurationOfStatus

Three immigration stories broke this week. None of them settled, and all worth knowing if you sponsor talent, are on a green card timeline, or have family waiting abroad. 1) DHS just proposed a new $103,265 fee on H-1B cap-subject petitions stacked on top of every existing filing cost, and applying even to petitions filed under the U.S. master's degree cap exemption. Cap-exempt employers (universities, affiliated nonprofits, government research orgs) are carved out. This is a proposed rule, not law. Public comments are open through September 24, and DHS still has to finalize the rule and clear White House review before it takes effect. It's also separate from the $100,000 proclamation fee, which remains tied up in litigation and is set to expire September 21. Bottom line: H-1B cost planning for the 2027 cap season just got more complicated and more uncertain. 2) The September Visa Bulletin held final action dates flat across EB-1, EB-2, and EB-3 but buried in the fine print, the State Department is warning that EB-1 India, EB-2, and EB-5 (unreserved) could retrogress or become unavailable before the fiscal year closes on September 30 if demand keeps pace. If you've been counting years on an EB-1 India priority date, this month is worth watching closely. 3) A federal judge vacated the 75-country immigrant visa pause. Since January, the State Department had frozen immigrant visa (green card) processing for nationals of 75 countries including Afghanistan, Iran, Russia, and Somalia citing public-benefits concerns. Judge Jeannette Vargas struck it down as unlawful, finding the Secretary of State exceeded his authority under the INA and stripped consular officers of the case-by-case discretion Congress gave them. What's next: the government can appeal to the Second Circuit and ask for a stay while that plays out, so this isn't necessarily over. Even without an appeal, a court order doesn't clear a seven-month backlog overnight. Consulates still have to reschedule interviews and work through the queue, so the practical restart will take time. And this ruling is specific to immigrant visas processed abroad; it does not touch H-1B, F-1, or other temporary visas, and the separate travel ban was not part of this decision. None of these three stories is settled. All three are worth planning around now, not reacting to later. If you're an employer, a foreign national, or a family trying to make sense of what any of this means for your specific situation, schedule your initial consultation by visiting paulkhetaniglobal.com #H1B #ImmigrationLaw #EmploymentBasedImmigration #VisaBulletin #GreenCard #ImmigrantVisa #ImmigrationPolicy #PaulKhetaniGlobal

On August 5th, USCIS updated its policy manual to make one thing unmistakably clear: eligibility must be established at the moment you file. Not later. Not after an officer asks. This means USCIS can now deny a case outright without issuing a Request for Evidence or a Notice of Intent to Deny first. That may sound new, but it isn’t. Officers have always had the authority to deny incomplete or insufficient filings. What’s changed is the encouragement: the prior guidance that pushed officers to ask before denying has been withdrawn, and full discretion is restored. It applies immediately, including to cases already pending. The takeaway is simple: If you’ve been treating the Request for Evidence as a built‑in second round (i.e. file now, fix later) that was never a strategy. It was a habit that happened to work. Every petition needs to go in complete, with every required document included the first time. The filing itself has to make the case. At Paul Khetani Global, that’s how we’ve always approached preparation. What’s different now is the cost of finding out otherwise. #ImmigrationLaw #PaulKhetaniGlobal #USCIS #PolicyUpdates

Five things people consistently misunderstand about the O-1 visa: 1. It's not reserved for Nobel laureates or A-list celebrities. The legal standard is "sustained national or international acclaim" in your field, not universal fame. I've filed successful O-1 petitions for founders, researchers, athletes, and creatives who were recognized leaders in their specific field, not household names. 2. It does require a U.S. employer or agent to file on your behalf, similar to H-1B, but unlike H-1B, there's no lottery and no annual cap. If your evidence meets the standard, timing isn't left to chance. 3. It's not limited to a single year. The initial approval period can run up to three years, and it can be extended in increments for as long as the underlying work continues. There's no fixed maximum number of extensions. 4. It's not just for artists and entertainers. O-1A covers extraordinary ability in sciences, business, education, and athletics. O-1B covers arts and entertainment specifically. Most people have only heard of the second category. 5. An advanced degree isn't a requirement. Qualification is evidence-based built on criteria like awards, published material about your work, judging the work of others, original contributions of major significance, or high compensation relative to others in the field. A diploma doesn't factor into the standard at all. The O-1 is one of the more misunderstood categories in business immigration, and also one of the most flexible when the underlying evidence is built correctly. If you're unsure whether your background would qualify, feel free to schedule a consultation by visiting paulkhetaniglobal.com

Thinking about an EB-1A? Here's what actually matters before you start building your case. EB-1A is for individuals with extraordinary ability, and unlike O-1, it's a green card category. No employer sponsor needed, no labor certification. But the bar is real, and USCIS applies it in two steps. A few things I always have clients consider early: 1. Meet 3 of 10 criteria: awards, published material about you, judging others' work, original contributions, high salary, and more. But meeting 3 on paper isn't the finish line 2. Final merits matter: USCIS then asks a second question: does the totality of your evidence show you're at the top of your field? This is where cases often get denied even after meeting 3 criteria 3. Quality over quantity: a few strong, well-documented pieces of evidence beat a long list of weak ones 4. The narrative ties it together: reviewers should finish your petition understanding exactly why you stand out, not just checking boxes The biggest mistake I see: treating EB-1A as a checklist. The strongest petitions read like a case, not an inventory. Happy to talk through whether EB-1A is the right fit for your background. Schedule your initial consultation by visiting paulkhetaniglobal.com For informational purposes only; not legal advice. #Immigration #EB1A #ImmigrationLaw #ExtraordinaryAbility #GreenCard