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:
Client Alert – August 2025 DOL PERM & PWD Processing Update
DOL is reviewing PERM cases filed April 2024 or earlier and processing prevailing wage requests filed April 2025 (OEWS) / Feb. 2025 (non-OEWS). Full details available on the DOL FLAG page.
DHS Funding Surge Expected to Drive Dramatic Increase in FDNS Site Visits
New $50+ billion budget allocation signals heightened enforcement for H-1B, L-1, and R-1 visa holders
With the recent injection of over $50 billion in funding to the Department of Homeland Security, immigration practitioners are bracing for a significant escalation in Fraud Detection and National Security (FDNS) site visits. This funding boost is expected to revitalize enforcement capabilities across all DHS agencies, particularly impacting employers sponsoring H-1B, L-1, and R-1 visa workers.
What to Expect:
The enhanced funding will likely result in:
- Astronomical increases in unannounced FDNS site visits
- Expanded ICE audit capabilities for worksite compliance
- More rigorous scrutiny of employer-employee relationships
- Heightened focus on third-party contractor arrangements
Critical Preparation Steps:
For Employers
Successful site visit management requires comprehensive preparation across all stakeholders. Employers must ensure their documentation accurately reflects the petitioned position and that all parties involved in the employment arrangement are aligned.
Multi-Party Coordination
In today’s complex employment landscape, particularly with consulting and contracting arrangements, all parties must be on the same page:- Direct employers sponsoring the visa
- Employees working under the sponsored position
- Third-party end clients where work is actually performed
- Vendor companies managing contractual relationships
Each party needs clear understanding of their role and consistent messaging about the employment arrangement.
Our Experience Makes the Difference: The Law Offices of Keshab Raj Seadie has successfully handled hundreds of FDNS site visits, developing proven strategies that protect our clients’ interests. Our experience spans the full spectrum of visa categories and employment arrangements, from straightforward direct employment to complex multi-vendor consulting relationships. Why Professional Guidance Matters- Documentation review to ensure compliance before visits occur
- Staff training on appropriate responses during site visits
- Coordination strategies for multi-party employment arrangements
- Real-time support during actual FDNS visits
- Post-visit follow-up and response preparation
Take Action Now:
Don’t wait for an unannounced visit to discover gaps in your compliance strategy. With the expected surge in FDNS activity, proactive preparation is essential for protecting your business operations and your employees’ immigration status.
Contact our office to schedule a comprehensive site visit readiness assessment and ensure your organization is prepared for this new era of heightened immigration enforcement.
The Law Offices of Keshab Raj Seadie – Your trusted partner in navigating complex immigration compliance challenges.
State Department Launches Visa Bond Pilot Program for B-1/B-2 Applicants
New requirements could impose significant financial barriers for business and tourist visitors
The U.S. Department of State has announced a groundbreaking change to B-1/B-2 visa processing with the publication of a temporary final rule on August 5, 2025, establishing a 12-month pilot program requiring certain applicants to post substantial bonds. This initiative represents the most significant shift in visitor visa policy in recent years and will take effect on August 20, 2025.
Program Overview:
Under the new pilot program, selected B-1 (business) and B-2 (tourist) visa applicants will be required to post bonds ranging from $5,000 to $15,000 as a condition of visa issuance. The State Department has positioned this requirement as a measure to address overstay concerns, though the rule includes provisions for bond waivers in certain circumstances.
The bond amounts represent a substantial financial commitment that could significantly impact travel planning for business visitors and tourists seeking to enter the United States. The wide range in bond amounts suggests the State Department will apply different criteria to determine individual bond requirements.
Key Implementation Details:
- Effective Date: August 20, 2025
- Duration: 12-month pilot program
- Target Population: Certain B-1/B-2 visa applicants (specific criteria to be determined)
- Bond Range: $5,000 – $15,000
- Waiver Provisions: Available, though criteria remain unclear
- International business travelers attending meetings, conferences, or negotiations
- Tourists from countries with higher overstay rates
- Families planning vacation travel where multiple bonds might be required
- Frequent travelers who may face repeated bond postings
Questions Remaining:
The temporary final rule leaves several critical questions unanswered:- Which specific applicants will be subject to bond requirements?
- How will bond amounts be determined within the $5,000-$15,000 range?
- What criteria will govern bond waiver decisions?
- How will bonds be posted and refunded upon departure?
- Will certain countries or demographics be disproportionately affected?
Strategic Considerations:
Organizations and individuals who regularly sponsor or facilitate B-1/B-2 travel should begin evaluating how this program might impact their operations. The 12-month pilot timeline suggests the State Department will be closely monitoring program outcomes to determine whether to expand, modify, or discontinue the bond requirements.
- For businesses relying on international visitors: Consider how bond requirements might affect client meetings, vendor relationships, and business development activities.
- For individuals planning travel: Budget for potential bond requirements and explore whether circumstances might qualify for waivers.
Looking Ahead:
As a pilot program, these requirements will likely evolve based on implementation experience and stakeholder feedback. However, given the State Department’s focus on overstay prevention, some form of enhanced screening or financial requirements may become a permanent feature of B-1/B-2 visa processing.
The immigration law community will be closely watching the program’s rollout and its practical effects on legitimate business and tourist travel to the United States.
Stay informed about evolving immigration policies that could affect your travel and business operations. Contact our office for guidance on navigating these new requirements.
Federal Court Upholds Two-Year EB-5 Investment Requirement
Key ruling preserves status quo while USCIS develops new regulations
A federal district court decision on July 29, 2025, has provided clarity for EB-5 investors by maintaining the current investment sustainment requirements while regulatory changes are finalized. The ruling ensures that existing investment obligations remain stable during an ongoing period of regulatory transition.
What This Means for Investors: Under the court’s decision, EB-5 investors must continue to sustain their investments for a minimum of two years, consistent with USCIS’s current interpretation of immigration law. This requirement applies to all active EB-5 cases while the agency works to implement formal regulations stemming from the EB-5 Reform and Integrity Act of 2022. The sustainment period begins when the investor makes their qualifying investment and continues until they have maintained the required capital at risk for the full two-year duration. This timeline is critical for investors seeking to maintain their conditional permanent resident status and eventually remove conditions on their green cards. Regulatory Landscape: The EB-5 Reform and Integrity Act of 2022 introduced significant changes to the EB-5 program, but implementation has required extensive rulemaking by USCIS. The federal court’s decision provides interim stability by preserving current practices while the agency completes this complex regulatory process. Industry professionals expect USCIS to publish proposed regulations in the coming months, which will provide more detailed guidance on investment sustainment requirements and other program changes. Until then, investors and practitioners can rely on the existing two-year framework upheld by the court. This ruling eliminates uncertainty that had emerged about potential changes to investment sustainment periods. EB-5 stakeholders now have a clear framework to follow while awaiting final regulations that will formally codify the RIA’s requirements into federal law. Investors currently in the EB-5 process should continue working with qualified immigration attorneys to ensure compliance with all current requirements while monitoring developments in the ongoing rulemaking process.Federal District Court Postpones TPS Terminations for Honduras, Nepal, and Nicaragua
A federal district court has issued an order temporarily postponing the termination of Temporary Protected Status (TPS) for nationals of Honduras, Nepal, and Nicaragua. This ruling means that current TPS holders from these countries will retain their protections from removal and work authorization while the case continues through the courts. The decision comes as part of ongoing litigation challenging the government’s prior efforts to end TPS designations for these nations. The court’s action preserves the status quo, allowing beneficiaries to continue living and working legally in the United States until a final decision is reached. Eligible TPS holders should continue to maintain valid registration and be alert for future re-registration periods or related guidance from U.S. Citizenship and Immigration Services (USCIS).USCIS Issues New Policy Guidance on Family-Based Immigration
U.S. Citizenship and Immigration Services (USCIS) released updated policy guidance in the USCIS Policy Manual to strengthen the screening, vetting, and adjudication of family-based immigrant visa petitions.
The update consolidates and clarifies existing rules while emphasizing measures to detect fraudulent, frivolous, or non-meritorious petitions, which USCIS notes can undermine both family unity and the integrity of the immigration system. The agency highlights that these changes aim to ensure that qualifying marriages and family relationships are genuine, verifiable, and compliant with U.S. immigration law.
Key updates include:
- Incorporating existing guidance on eligibility criteria, filing, and documentation requirements for family-based petitions.
- Clarifying adjudication procedures for related or multiple petitions.
- Explaining when USCIS authorizes the U.S. Department of State (DOS) to accept Form I-130 filings directly abroad by U.S. citizens, including for U.S. military and certain government personnel, and in response to large-scale disruptive events.
- Detailing when approved petitions are routed to the DOS National Visa Center, particularly if an adjustment of status application is found ineligible.
- Clarifying interview requirements for family-based immigrant petitions.
- Stating that USCIS may issue a Notice to Appear if a beneficiary is otherwise removable, as an approved petition does not confer lawful status.
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.
