We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
New Travel Restrictions Impact Visa Processing and Academic Exchange
Immediate Action Required for Affected Clients!
President Trump has issued two significant immigration proclamations that will substantially impact visa processing and international travel to the United States.
19-Countries U.S. Travel Ban Takes Effect June 9, 2025 (New Restrictions on Visa Issuance for Nationals from High-Risk and Non-Cooperative Countries)
The U.S. government has issued a sweeping proclamation establishing a travel ban on nationals from 19 countries, set to take effect on June 9, 2025. The proclamation, signed under the authority of national security and immigration enforcement statutes, affects both immigrant and nonimmigrant visa applicants from the designated countries. Key Provisions:- Effective Date: June 9, 2025
- Scope: Applies to immigrant and nonimmigrant visa categories, including B-1/B-2 (visitor), F (student), M (vocational), and J (exchange visitor) visas.
- Exemptions: Individuals physically present in the U.S. or holding valid U.S. visas as of June 9 are not subject to the ban. Lawful permanent residents (green card holders), dual nationals (if the second nationality is not listed), and certain immediate relatives of U.S. citizens may also be exempt.
Countries Fully Banned:
- Afghanistan
- Chad
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Libya
- Myanmar
- Somalia
- Sudan
- Republic of Congo
- Yemen
Countries with Partial Visa Restrictions:
- Burundi
- Cuba
- Laos
- Sierra Leone
- Togo
- Turkmenistan
- Venezuela
Where the ban applies specifically to B, F, M, and J visa categories.
The administration cited national security, failure to cooperate with identity verification procedures, and concerns over repatriation agreements as reasons for the ban. Immigration attorneys are advising clients from affected countries to review their visa status immediately and consider legal options for remaining in the U.S. or traveling abroad.
Legal challenges to the proclamation are expected, with civil rights groups arguing that the ban unfairly targets specific nationalities and undermines humanitarian and educational access to the U.S.
Harvard University F/M/J Visa Ban in Effect Now
The second proclamation, effective immediately, prohibits visa issuance and entry for foreign nationals seeking F (student), M (vocational student), or J (exchange visitor) status to begin studies at Harvard University. This targeted ban will remain in place for a minimum of six months and is expected to face legal challenges.
Recommendations for Clients:
We recommend that affected clients contact our office immediately to discuss their specific circumstances and explore available options. Those planning travel or visa applications should reassess their timelines and consider alternative strategies where appropriate.
Our immigration team is monitoring developments closely and will provide updates as additional information becomes available.
DHS Terminates Temporary Protected Status (TPS) for Nepal
(Work Authorization May Continue Temporarily During Anticipated Litigation)
The U.S. Department of Homeland Security (DHS) has officially announced the termination of Temporary Protected Status (TPS) for Nepal, with the designation set to end at 11:59 p.m. on August 5, 2025. The decision, published in the Federal Register, follows a review of current country conditions and interagency consultations. Secretary of Homeland Security Kristi Noem stated that Nepal no longer meets the statutory criteria for continued TPS designation.
The termination affects thousands of Nepali nationals currently residing and working in the United States under TPS. DHS has advised beneficiaries to prepare for departure unless they have another lawful immigration status or pending application that permits them to stay.
However, litigation is expected to challenge the decision, and work authorization for Nepali TPS holders may be automatically extended for several months while court proceedings unfold. Advocacy groups and legal organizations are preparing to file lawsuits, arguing that conditions in Nepal—such as ongoing economic hardship and post-earthquake recovery challenges—still warrant protection.
Beneficiaries are urged to consult our office or your immigration counsel to explore alternate options, including student visa, adjustment of status, asylum, or employment-based pathways.
H-1B Modernization Rule: Key Changes for Degree Requirements and Employment Verification
By Keshab Raj Seadie, Esq.
On January 17, 2025, the U.S. Department of Homeland Security (DHS) enacted the long-awaited H-1B modernization rule, reshaping how employers and foreign professionals navigate the specialty occupation visa process. Officially titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Non-immigrant Workers,” the regulation introduces critical changes, particularly in degree requirements, experience evaluations, and employment verification protocols.
Direct Degree Requirement Gets Stricter:
The new rule reinforces the requirement that the offered position must require a degree directly related to the specific job duties. While earlier policies allowed for broader interpretations—including loosely related degrees—the modernization rule limits flexibility, effectively codifying the more stringent standards previously seen in RFEs and denials.
This change is especially impactful in interdisciplinary or emerging fields (such as data science, AI, or fintech) where job roles often evolve faster than academic programs. Now, employers must more clearly justify how a candidate’s degree is directly tied to the position’s core responsibilities.
Experience and Combination Evaluations Clarified:
The regulation preserves alternative qualification pathways for candidates lacking a directly related degree, but raises the bar for documentation.
Professional Experience Substitution:
- DHS reaffirms that three years of specialized experience = one year of college.
- Experience must be validated through detailed letters from previous employers.
- Letters must specify duties, supervisory structures, and whether co-workers held the required degrees.
- Independent evaluations from credential services are required to confirm academic equivalence.
Education + Experience Combinations:
- Candidates with incomplete degrees can combine coursework with relevant experience.
- Foreign degrees must be evaluated to assess U.S. equivalency.
- The total education and experience must equate to a U.S. bachelor’s degree in the exact specialty field.
Bona Fide Employment & Worksite Rules Tightened:
In an effort to address fraud and enhance transparency, DHS has reinforced the need for a legitimate employer-employee relationship—particularly important for consulting firms and third-party placements.
Key Updates Include:
- Employers must show ongoing control and supervision over the H-1B employee.
- Contracts, offer letters, org charts, and supervisory plans must clearly reflect this relationship.
- Itineraries and client letters must document all work sites and validate job duties.
- Employers must be prepared for FDNS site visits and maintain up-to-date records of employment, including for off-site locations.
Entrepreneurial H-1Bs Permitted:
Notably, the rule opens a door for startup founders and entrepreneurs to obtain H-1B visas—if they can show:
- A valid corporate structure with independent board oversight
- Business necessity for their role
- A legitimate employment relationship, despite ownership interest
What Employers and Applicants Must Do Now:
For Employers:
- Use the updated Form I-129 and comply with new evidence standards.
- Review internal practices to verify degree relevance and job justification.
- Establish clear supervision and control mechanisms for off-site workers.
- Plan early to gather the right evidence, especially for FY 2026 filings.
For Applicants:
- Ensure your degree is directly tied to the job title and responsibilities.
- If relying on experience or a foreign degree, obtain a professional credential evaluation.
- Keep employment verification letters detailed and updated.
- Consider legal guidance for petitions involving interdisciplinary fields or combination evaluations.
Conclusion:
The H-1B modernization rule marks a turning point in how DHS and USCIS assess specialty occupation roles and candidate qualifications. While the rule may reduce ambiguity in adjudications, it raises the documentation threshold for many employers and applicants.
Success in this new environment will depend on precision, consistency, and preparation—from job description drafting to credential evaluation. With stricter scrutiny and a changing enforcement landscape, immigration counsel can play a crucial role in ensuring compliance and maximizing the chances of approval.
Preparing for and Managing FDNS Site Visits: A Strategic Approach
The U.S. Citizenship and Immigration Services’ Fraud Detection and National Security (FDNS) Directorate conducts unannounced site visits to ensure compliance with immigration laws and to verify the legitimacy of visa petitions—particularly for H-1B, L-1, and other employment-based classifications. These visits can be intimidating, but with the right preparation, companies can navigate them confidently and successfully.
Be Ready Before They Knock:
FDNS visits often occur without prior notice, making preparation critical. Employers should maintain up-to-date records including tax filings, payroll records, job descriptions, organizational charts, and evidence of a functioning business operation. The beneficiary’s workspace should match the duties listed in the petition and reflect their role in the organization. Employees—especially HR and direct supervisors—should be briefed on what to expect and how to direct inquiries to appropriate personnel.
Professionalism During the Visit:
Employers have the right to ask for the officer’s credentials and understand the purpose of the visit. While full cooperation is encouraged, all interactions should be professional and controlled. It’s essential to document what occurs during the visit—who was interviewed, what documents were reviewed, and any concerns raised. If interviews are conducted, ensure they happen in a professional setting, and that responses are honest, consistent, and limited to personal knowledge.
Key Advice for IT Consulting Firms:
For H-1B employees working at third-party client sites, consistent messaging between the employer, end-client, and the employee is critical. Everyone involved must be clear on the employer-employee relationship and job duties as described in the petition. Discrepancies about who supervises the employee or what tasks they perform can lead to serious consequences, including revocation of approved petitions.
Closing Thoughts:
FDNS site visits are not just compliance checks—they are opportunities to affirm the legitimacy of your immigration practices. Employers who prepare in advance, maintain consistency in documentation and communication, and respond professionally can avoid disruption and protect both their workforce and their business.Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
