April 18, 2025 – Weekly Immigration News Update.

Dear Clients and Colleagues, 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 Alien Registration Requirements Effective April 11, 2025 – Who Must Register and What You Need to Do Following the District Court of D.C.’s decision to allow the Alien Registration Interim Final Rule to take effect, all non-U.S. citizens in the United States must now ensure they comply with registration, fingerprinting, and address reporting requirements. While most individuals are already considered registered, new rules clarify who still needs to take action. Here’s what you need to know: Who Does NOT Need to Register Again? You are already registered and do not need to submit Form G-325R if: 1. You are in valid nonimmigrant status (e.g., H-1B, H-4, L-1, L-2, TN, F-1, ESTA) and:

• You are age 14 or older, and
• You were fingerprinted at the U.S. consulate or port of entry.
• Carry your I-94 (printed from CBP.gov or attached to your USCIS approval notice). Keep your address up to date through your myUSCIS account.

2. You are a lawful permanent resident (Green Card Holder):

• You are age 14 or older, and
• You were fingerprinted during the green card process.
• Carry your green card (or I-90/I-751/I-829 receipt if expired), and update your address within 10 days of moving.

Who MUST Register or Take Action Now? 1. Children turning 14:

• Parents must register their child within 30 days of their 14th birthday.
• Create a separate myUSCIS account for the child, file Form G-325R, and complete fingerprinting.
• For green card holders not covered under a pending I-751/I-829, file Form I-90 to renew and initiate fingerprinting.

2. Individuals not in valid status or without alternate proof of registration:

• If you are unsure whether you have been registered or fingerprinted, consult an immigration attorney.
• You may need to file Form G-325R to complete the registration process.

3. Canadians entering by land and staying over 30 days:

• Must register or request Form I-94 upon arrival to meet the new requirement.

Evidence of Registration: You may carry any of the following as proof of registration: Primary Proof of Registration:

• Confirmation from USCIS after online submission of Form G-325R and biometrics completion.

Alternate Proof of Registration (if you already have one of these, no need to register again): As listed under 8 CFR 264.1(b):

• Form I-94 (Arrival-Departure Record)
• Form I-551 (Green Card)
• Form I-766 (Employment Authorization Document)
• Form I-862 (Notice to Appear – in removal proceedings)
• Form I-863 (Referral to Immigration Judge – in removal proceedings)
• Admission or parole stamp in a valid foreign passport
• Form I-186 (Nonresident Alien Mexican Border Crossing Card)

How to Register and What Proof to Carry: If registration is required:

• Create a myUSCIS account Click here.
• Log in and go to the “Registration” section.
• Complete and submit Form G-325R electronically.
• Schedule and attend a biometric appointment if directed.
• Once complete, download or print the proof of registration confirmation.
• Carry this document at all times if over the age of 18.

For children, parents must manage registration through a separate account and ensure biometrics are completed on time. Ongoing Requirement: Address Updates: All non-citizens must notify USCIS within 10 days of any address change by:

• Updating their myUSCIS profile, or
• Filing Form AR-11 online or by mail.

Penalties for Noncompliance: 1. Failure to register or complete fingerprinting:

• Fine up to $5,000, imprisonment up to 6 months, or both
• Applies to parents/guardians who fail to register their children
• Criminal offense

2. Failure to carry proof of registration (if 18 or older):

• Fine up to $5,000, imprisonment up to 30 days, or both
• Criminal offense

3. Failure to update address within 10 days:

• Fine up to $5,000, imprisonment up to 30 days, or both
• Deportable offense unless the failure was not willful or was reasonably excusable

If you’re unsure about your registration status or documentation, contact your immigration attorney or call our office for assistance.

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Lawsuits Challenge Trump Administration’s Termination of Foreign Students Status The New administration is facing growing legal challenges over its mass termination of F-1 student records, with multiple federal lawsuits alleging due process violations and unlawful agency action. Over the past two weeks, a wave of litigation has emerged in federal courts from students whose immigration records were suddenly removed from the SEVIS system—effectively stripping them of their legal status without notice or a chance to respond. Immigration attorneys say these actions by the Department of Homeland Security (DHS) violate both the Administrative Procedure Act (APA) and the Fifth Amendment’s Due Process Clause. The lawsuits argue that DHS, often without explanation, terminated student status based on unverified data such as minor traffic violations or simple database hits. In some cases, plaintiffs include Ph.D. candidates, student athletes, and survivors of domestic violence, all now facing potential deportation. A federal judge in New Hampshire granted emergency relief to a Chinese doctoral student at Dartmouth, calling DHS’s actions “arbitrary and capricious.” The ruling noted that DHS offered no legal justification for revoking the student’s F-1 status during the hearing. According to the American Immigration Lawyers Association (AILA), more than 4,700 students may have already been affected, with new lawsuits being filed daily. While these cases don’t challenge revoked visas—outside the jurisdiction of U.S. courts—they seek to restore student records in SEVIS and block removal proceedings. Immigration attorneys warn that this sweeping action, if not checked by the courts, could jeopardize thousands of academic careers and long-term U.S. immigration plans, including future eligibility for H-1B visas or green cards.

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H-1B Visa Compliance Guide for H-1B-Dependent IT Consulting Employers H-1B-dependent IT consulting firms face unique challenges in complying with the evolving landscape of immigration law, particularly after the implementation of the H-1B Modernization Rule effective January 17, 2025. From navigating third-party placements and verifying specialty occupation roles to handling FDNS site visits and DOL audits, compliance is no longer optional—it is a business imperative. I. H-1B Modernization Rule (2025): What’s Changed Key Updates:

• Specialty Occupation Clarity: Employers must show a direct, logical connection between the job duties and the degree field.Generic or unrelated degrees may result in denials or RFEs.
• Bona Fide Employment Standard: Petitioners must establish that a real job opportunity exists at the in-house or third-party site—though itineraries are no longer required.
• CAP-Exempt Expansion: Certain nonprofit or governmental research orgs now qualify for CAP exemption.
• Codified Site Visit Authority: USCIS may now conduct unannounced inspections at headquarters, client sites, or remote work locations.
• Extended Cap-Gap: F-1 students benefit from extended work authorization through April 1 of the following year.

II. FDNS Site Visits: What to Expect and How to Prepare Why FDNS Visits H-1B Employers:

• Verify Petition Details: Job duties, title, salary, and location.
• Prevent Fraud: Spot inconsistencies in job location or wage payments.
• Assess Legal Compliance: Confirm LCA adherence and employer-employee relationship.
• Review Client-Site Work Arrangements: Ensure employee is not “benched” or unsupervised.

Common Triggers for Site Visits:

• Third-party placements or remote work setups.
• Level 1 wages for high-skill roles.
• Frequent amendments.
• Anonymous complaints.
• Random audits under ASVVP.

Questions Typically Asked: To the Employee:

• What are your job title and responsibilities?
• Who is your supervisor and how often do you communicate?
• Where do you work physically?
• How much are you paid? How often?
• Do you receive HR or benefits access?

To the Employer:

• Can you provide the LCA, I-129, and payroll?
• How do you supervise remote or client-site workers?
• Are there contracts (MSAs/POs) with the end client?
• Can we tour your office?

Action Steps If FDNS Arrives Unannounced:

• Verify their credentials (DHS/USCIS ID).
• Assign a compliance or HR officer to accompany the visit.
• Notify legal counsel immediately.
• Provide relevant, accurate documents only.
• Keep a written record of the visit.

III. DOL Audits: What Triggers Them and How to Respond: Why DOL Initiates Audits:

• Employee Complaints – The most common trigger.
• Consular Referrals – Visa interviews revealing inconsistencies.
• Random Audits – Ensuring general compliance.
• Reasonable Cause – When DOL suspects violations.

Common H-1B Compliance Violations:

• Failure to Post LCA at Worksite (in-house or client).
• Mismatch Between LCA and Actual Duties.
• Wage Level Discrepancies – E.g., Level 1 wage but Level 3 duties.
• Unpaid Bench Time – Even a single pay gap may trigger back wage liability.

DOL Penalties:

• Basic Violations: Up to $2,072/violation + back wages + 1-year bar.
• Willful Violations: Up to $8,433/violation + back wages + 2-year bar.
• Displacement of U.S. Workers: Up to $59,028/violation + 3-year bar.

IV. Top Compliance Questions and Best Practices: 1. How to Prove Specialty Occupation at Client Sites?

• Provide detailed project descriptions with specific tasks.
• Include client letters, statements of work, and purchase orders linking job duties to the degree.
• Avoid generic job titles like “Software Developer” unless supported by specific technical requirements.

2. Establishing Bona Fide Employment:

• Maintain: Corporate records (e.g., lease, tax filings, brochures).
• Organizational charts.
• SDLC/project timelines showing employee’s role.
• End-client contracts or POs that confirm job continuity.

3. LCA Posting at Third-Party Sites:

• Reconfirm posting is done at each physical location where the employee works.
• If the client is uncooperative: Ask a client manager to email confirmation of posting.
• Maintain photo evidence or a signed affidavit.
• Electronic postings may suffice only if accessible to all workers onsite.

4. Changes Within Same MSA:

• No amendment required, but:
• Repost the LCA at the new location for 10 business days.
• Document posting (photo, memo).

5. Using Level 1 Wages?

• Only if job duties align with an entry-level role.
• Include a detailed progression path (e.g., mentoring, supervision).
• Avoid pairing Level 1 wages with advanced or complex job descriptions.

6. What Is a Material Change? Triggers an amendment if:

• Change in work location outside the MSA.
• Job title or promotion with new duties.
• Shift to remote work (if not initially disclosed).
• Significant wage change.

7. Avoiding Bench Time Liability:

• Never place an H-1B worker on unpaid leave unless:
• It’s voluntary and well-documented.
• Always pay the full proffered wage from the start of availability until bona fide termination.
• Terminate properly: Written notice to employee.
• USCIS notification.
• Offer return transportation if outside the U.S.

8. Preparing for an FDNS or DOL Visit: Maintain a compliance binder with:

• Approved H-1B petition and I-129.
• LCA and LCA posting documentation.
• Worksite and client letters.
• Timesheets, paystubs, W-2s.
• Organization charts and project assignments.

9. Managing Short-Term or Shifting Projects:

• For each new project: Update the client letter.
• Reconfirm job title and location consistency.
• Use master contracts and maintain a project change log.

10. Structuring I-140s for Client-Site Employees:

• Use in-house roles for I-140 filing when feasible.
• Align PERM job description with H-1B duties to avoid inconsistency.
• Provide proof of future employment, not just current assignment.

Compliance is a Competitive Advantage: In today’s enforcement-heavy climate, particularly for H-1B-dependent employers in the IT consulting space, proactive compliance is the only path forward. With increased FDNS site visits, DOL scrutiny, and shifting regulatory standards under the 2025 modernization rule, maintaining accurate records, training staff, and consulting legal experts are no longer best practices—they are survival strategies.

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Court Issues Injunction on CHNV Parole Termination In a significant litigation-related development, the U.S. District Court for the District of Massachusetts has issued a preliminary injunction blocking parts of the Biden administration’s March 25, 2025 notice to terminate the CHNV Parole Program for nationals of Cuba, Haiti, Nicaragua, and Venezuela. In the case Svitlana Doe, et al., v. Noem, et al., No. 25-cv-10495, the court’s April 14 order stays the effect of the termination notices sent to CHNV parolees, meaning they are not currently in force. While the injunction preserves parole status for existing beneficiaries, no new CHNV parole requests will be processed until further notice.

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DHS to Screen Social Media for Antisemitic Activity in Immigration Cases Effective immediately, U.S. Citizenship and Immigration Services (USCIS) will begin reviewing aliens’ social media activity and conduct for signs of antisemitism, including support for antisemitic terrorist organizations or harassment of Jewish individuals, as part of its immigration benefit adjudication process. The new guidance, issued under directives from recent executive orders by President Trump, applies to individuals seeking green cards, student visas, and other immigration benefits—especially those affiliated with educational institutions known for antisemitic activity. USCIS officers will now consider posts that promote, espouse, or support antisemitic terrorism or groups like Hamas, Hezbollah, Palestinian Islamic Jihad, or Ansar Allah (Houthis) as adverse factors in any discretionary immigration decision. “There is no room in the United States for the rest of the world’s terrorist sympathizers,” said DHS Assistant Secretary Tricia McLaughlin. “Anyone who thinks they can come to America and hide behind the First Amendment to advocate for anti-Semitic violence and terrorism—think again.” This policy marks a significant expansion of immigration vetting and reflects the administration’s focus on national security and combating extremist ideologies.

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Trump Issues Memo to Block Undocumented Immigrants from Receiving Social Security Benefits President Trump has issued a Presidential Memorandum directing multiple federal agencies to take aggressive action to prevent undocumented and otherwise ineligible noncitizens from receiving benefits under programs governed by the Social Security Act, including Medicare and Medicaid. The memorandum orders the Secretary of Labor, Secretary of Health and Human Services, Commissioner of Social Security, and Secretary of Homeland Security to coordinate efforts to:

• Ensure eligibility verification by program grantees and subgrantees,
• Halt payments to deceased or ineligible recipients,
• And enforce penalties against entities that fail to implement adequate screening and compliance measures.

Additionally, the memo:

• Directs the Attorney General and the SSA Commissioner to expand the Social Security Administration’s full-time fraud prosecutor program, and
• Calls for a similar fraud prosecution program targeting Medicare and Medicaid misuse to be established by the Attorney General and HHS Secretary.

This initiative is part of the administration’s broader push to curtail public benefits for undocumented immigrants and crack down on fraudulent claims within federal entitlement programs.

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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.