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:
Summer Travel Advisory for Foreign Nationals (H-1B, L-1, F-1, AOS Applicants)
Travel Is Discouraged Unless Necessary:
Due to heightened immigration scrutiny and unpredictable enforcement policies at consulates and ports of entry, foreign nationals are strongly advised to avoid international travel during the 2025 summer season unless absolutely necessary. If travel is unavoidable, please follow these compliance and documentation guidelines carefully to minimize risk.H-1B and L-1 Visa Holders: Extreme Vetting in Effect:
Social Media & Employment Consistency
- Ensure your LinkedIn profile, end-client details, and actual job duties match the information provided in your H-1B or L-1 petition.
- Confirm that your job title, work location, and wage level (as stated on your LCA and I-129) align with your W-2s, paystubs, and current role.
- Be prepared to explain your job’s relevance and complexity to CBP or consular officers clearly and confidently.
Documents to Carry:
- Valid passport (minimum 6 months beyond your intended stay)
- Unexpired visa stamp matching your nonimmigrant status
- Original I-797 approval notice
- Recent paystubs, W-2s, bank statements, and employment verification letter
- End-client letter (if working at third-party site)
- Copy of certified LCA
- Social media profiles consistent with immigration claims
F-1 Students: Increased Monitoring & Visa Revocations:
- Visa revocations and SEVIS terminations are on the rise due to alleged social media violations and minor legal infractions.
- If you’ve had any legal interaction (civil or criminal), even if charges were dropped or expunged, consult immigration counsel before traveling.
- Check for SEVIS status and potential visa revocation prior to departure.
Adjustment of Status (AOS) Applicants: Advance Parole Required:
- Do not travel without a valid Advance Parole (AP) unless you hold a valid H-1B/L-1 visa and continue to work for the same employer.
- H-4 or L-2 dependents working on AOS-based EADs must travel only with approved AP to avoid abandonment of the green card application.
Before Traveling: Pre-Travel Checklist:
- Check passport validity (6 months beyond your stay)
- Confirm visa validity and remaining entries.
- Ensure all pending USCIS applications (I-129, I-539, I-485, AP) are not negatively affected by departure.
- Download and print your most recent I-94 after reentry: https://i94.cbp.dhs.gov
Consulate & Port of Entry Considerations:
- Delays in visa appointments and security clearances are common, especially for those in STEM, with common names, or from certain countries (e.g., China, Iran).
- You may face searches of electronic devices, social media reviews, and extended secondary inspection.
- Be calm, honest, and consistent. If detained, you may not have the right to counsel but can request to contact your immigration attorney.
If You Must Travel:
- Carry a full immigration file.
- Avoid last-minute travel.
- Update social media content to ensure it aligns with your immigration role and narrative.
- Inform your attorney prior to departure and seek advice if you have any unusual immigration or legal history.
Final Note:
This summer, travel is not only logistically complicated but legally risky. Any discrepancies—real or perceived—can lead to visa denial, port-of-entry refusals, or even visa revocation. Consult our office before making any international travel plans.
Immigration Compliance Guidelines – I-9, FDNS Site Visits, DOL & PERM Audits
1. Form I-9 Employment Eligibility Verification:
Obligations:
- Verify and document the identity and work authorization of all new hires within 3 business days of the employee’s start date using Form I-9.
- Maintain separate I-9 files for active and terminated employees.
- Reverify expiring work authorization for nonimmigrant workers (e.g., H-1B, L-1).
- Do not request more or different documents than required; ensure consistent treatment to avoid discrimination claims.
Retention:
- Retain I-9s for 3 years after the date of hire or 1 year after the date of termination—whichever is later.
Best Practices:
- Conduct regular internal I-9 audits.
- Use E-Verify (if applicable) to complement the I-9 process.
- Train HR personnel on anti-discrimination provisions of INA §274B.
2. USCIS FDNS (Fraud Detection and National Security) Site Visits:
What to Expect:
- Unannounced visits to verify information on H-1B, L-1, or other petitions.
- Interviews with HR, direct supervisors, and the foreign national employee.
- Inspection of payroll records, job duties, organizational chart, and work location consistency.
Preparation Tips:
- Keep a copy of all H-1B filings, certified LCA, and USCIS approval notices readily accessible at the worksite.
- Designate a point of contact for site visitors (typically an HR or legal representative).
- Ensure job titles, duties, and work locations match what was filed with USCIS.
- Train managers and employees on what to expect and how to respond professionally.
3. DOL H-1B Wage and Hour Audits:
Triggers:
- Employee complaints, random audits, or referrals from other government agencies.
Employer Requirements:
- Maintain a Public Access File (PAF) for each LCA, which must include:
- LCA copy
- Prevailing wage source
- Actual wage explanation
- Summary of benefits offered
- Posting notices
- Keep payroll records for H-1B workers for at least 3 years.
- Pay the required wage from the date the H-1B employee enters into employment, including bench time.
Common Violations:
- Underpayment
- Misclassification of worksite
- Failure to maintain PAF
- Not updating USCIS/DOL on material changes
4. PERM Labor Certification Audit File:
Retention Requirement:
- Maintain a complete audit file for 5 years from the date of filing ETA Form 9089.
Contents of Audit File:
- Prevailing wage determination
- Recruitment advertisements (newspaper, job order, etc.)
- Employer’s recruitment report and justifications for rejection
- Copies of posted job notices and internal postings
- Business necessity justification (if required)
- Professional position documentation (for Schedule A or special handling cases)
Best Practices:
- Keep all supporting evidence organized and dated.
- Ensure all recruitment steps comply strictly with PERM regulations.
- Document all contact with job applicants (emails, rejection letters, interview notes).
5. General Compliance Recommendations:
- Maintain a centralized immigration file system accessible to authorized personnel only.
- Conduct internal audits annually on I-9s, H-1B PAFs, and PERM processes.
- Train staff on recordkeeping obligations and non-discrimination policies.
- Develop a compliance calendar to track visa expirations, work authorization updates, and posting deadlines.
- Work with immigration counsel for every H-1B amendment, transfer, or green card sponsorship.
Consequences of Non-Compliance:
- Civil penalties and fines
- Debarment from H-1B or PERM programs
- Criminal liability in cases of fraud or willful violations
- Denial or revocation of petitions or certifications
Important Notice: Diversity Visa (DV-2026) Lottery Results Available
The U.S. Department of State has released the Diversity Visa (DV) Lottery results for the Fiscal Year 2026. Entrants who applied between October 4, 2024 and November 7, 2024 can now check the status of their entry online.
How to Check Your DV Lottery Results: Visit the official U.S. government site: https://dvprogram.state.gov You must enter your:- Confirmation number from your DV-2026 entry
- Last name
- Year of birth
- Meet all eligibility criteria (education/work experience)
- File the required Form DS-260 (online immigrant visa application)
- Prepare for a visa interview at a U.S. consulate or embassy
- Complete the process before September 30, 2026
Due to numerical limitations, visas are issued on a first-come, first-served basis to qualified applicants. Early action is strongly recommended.
If You Are Not Selected:
You may apply again during the next registration window (typically in October 2025 for DV-2027). There is no appeal or secondary list for non-selected applicants
Need Help?
If you have been selected and need legal assistance filing your DS-260 or preparing for your immigrant visa interview, please contact our office for a consultation.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.
