Malathi Benjamin, Immigration Attorney

07/29/2026

Another prejudicial change to immigration processing. Affirmative cases may be referred to an Immigration Judge bypassing the usual USCIS interview. An applicant for asylum cannot delay the case processing as claimed in the news release and every one of my asylum applicants is anxious for their case to proceed. Delays are entirely due to some factor or other on the part of the USCIS.

The United States Department of Homeland Security (DHS) released the following statement after U.S. Citizenship and Immigration Services (USCIS) announced a rule change designed to reduce the backlog in the asylum system.

01/14/2026

Some much needed reprieve for R-1 religious workers who are running out of their maximum allowed period of time of 5 years. The USCIS today announced that such religious workers will still need to leave the USA, but don't have to wait abroad for 1 year before applying for a new R-1 visa. They can apply immediately. However, they will still be subject to the same scrutiny as any visa applicants, including more serious vetting of social media etc. Definitely heading in the right direction.

The U.S. Department of Homeland Security has issued an interim final rule to religious organizations and their communities allowing thousands of religious workers—including priests, nuns, and rabbis—that previously were required to remain outside the United States before returning, to resume the...

10/31/2025

USCIS is terminating automatic extensions of work permits so please make sure you apply to renew up to 6 months before they expire to avoid interruption to your ability to work. Working without DHS authorization has serious immigration consequences.

The Department of Homeland Security has announced an interim final rule ending the practice of automatically extending employment authorization documents for aliens filing renewal applications in certain employment authorization categories.

10/23/2025

H-1B Proclamation: $100,000 fee update.

The USCIS has confirmed that the fee will not apply to applications for an amendment, change, or extension of status for those already in the USA, unless the petition asks for a consulate or port of entry to be notified or pre-flight inspection.

If the change/amendment/extension component is denied and the beneficiary has to leave and re-enter with a visa, then the $100,000 will be payable.

Once the petition and change/amendment/extension is approved and the beneficiary leaves the USA and applies for a visa to re-enter, the fee will not apply.

This is some relief for employers and beneficiaries alike.

09/25/2025

H-1B $100,000 fee proclamation: Only applies to new H-1B petitions. Does not apply to petitions for extension of H-1B status. Not certain yet if it applies to petitions for change to H-1B status from any other status, or to change from one H-1B employer to another.

09/20/2025

ALERT - if you hold H-1B status and plan to leave the USA for any reason, please note that re-entry will only be possible if your employer pays $100,000 in fees, effective September 21. This requirement may only apply to those needing to apply for an H-1B visa; exercise caution.

04/19/2024

"I highly recommend Malathi and her team , they are very knowledgeable, patient and kind.
I am very happy of the out comes." says Fernando on Google

★★★★★ I highly recommend Malathi and her team , they are very knowledgeable, patient and kind. I am very happy of the out comes.

04/11/2024

"I'm not one for leaving google reviews but I have to for Malathi. I had a great experience working with Malathi and team. She was very helpful and knowledgable with immigration processes and was on top on everything. Highly recommend." says Godley on Google

★★★★★ I'm not one for leaving google reviews but I have to for Malathi. I had a great experience working with Malathi and team. She was very helpful and knowledgable with immigration processes and was on top on everything. Highly recommend.

04/04/2024

"I Malathi for her outstanding service in helping secure a green card visa for our nanny who was from Brazil. Despite the complex and lengthy process spanning over 4 years, Malathi remained deeply involved and committed to our case. Her expertise, diligence, and unwavering support were pivotal in navigating the intricate immigration procedures. Thanks to her dedication and expertise, we achieved a successful outcome. I.." says Sam on Google

★★★★★ I Malathi for her outstanding service in helping secure a green card visa for our nanny who was from Brazil. Despite the complex and lengthy process spanning over 4 years, Malathi remained deeply involved and committed to our case. Her expertise, diligence, and unwavering support wer...

04/03/2024

"She is the best lower, I have my green card because she is so good and direct in your job. I pray for her life and I so happy and thankful" says Preta on Google

★★★★★ She is the best lower, I have my green card because she is so good and direct in your job. I pray for her life and I so happy and thankful