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:
Consular Posts Reschedule H-1B and H-4 Visa Appointments Following Expanded Online Presence Review
U.S. consular posts have begun mass rescheduling H-1B and H-4 visa interviews following the Department of State’s implementation of a new online presence review requirement. Beginning December 8, 2025, applicants with interviews scheduled on or after December 15, 2025 started receiving notices that their appointments were being unilaterally moved, many to March 2026, and in some cases as late as June 2026.
According to reports, consular posts—including Hyderabad and Chennai—have informed applicants that original appointment dates cannot be honored due to operational constraints and reduced daily interview capacity needed to conduct the enhanced vetting. Applicants are explicitly instructed not to appear on their original dates and to attend only on the newly assigned appointment date. While most reports involve Mission India, similar rescheduling has also been reported in Ireland and Vietnam.
Key points to note:
- Biometrics (VAC) appointments remain valid and are not impacted.
- Applicants may reschedule only once, and only if their visa fee receipt is still valid (receipts older than one year cannot be reused).
- Missing or canceling the rescheduled appointment may result in loss of the visa fee.
Based on reports, the impact currently appears to be concentrated largely in India, affecting H-1B workers across industries, including nonprofit hospitals. There have been limited successes with emergency visa appointment requests, particularly where applicants can demonstrate that minor children will miss school due to the delay. Supporting evidence such as school enrollment letters and recent report cards has proven helpful in some cases.
Bottom line:
H-1B and H-4 visa applicants should expect significant consular delays due to expanded online presence screening. Foreign nationals are strongly advised to avoid non-essential international travel, closely monitor their visa appointment portals, and coordinate with employers on contingency plans, including remote work or delayed start dates, until consular capacity stabilizes.
January 2026 Visa Bulletin: Final Action Dates Advance Across All Employment-Based Categories and Countries
The U.S. Department of State has released the January 2026 Visa Bulletin, bringing encouraging news for employment-based green card applicants. Final Action Dates have advanced across all employment-based categories and chargeability areas, signaling improved visa availability as the new year begins.
Final Action Date Movements – January 2026:
According to the State Department’s January Visa Bulletin, the Final Action cutoff dates for the issuance of an immigrant visa or approval of an adjustment of status application are as follows:
EB-1 (Priority Workers):
- China: Advances one week to February 1, 2023
- India: Advances by almost one year to February 1, 2023
- All other countries: Remain current
EB-2 (Advanced Degree / Exceptional Ability):
- China: Advances three months to September 1, 2021
- India: Advances two months to July 15, 2013
- All other countries: Advance two months to April 1, 2024
EB-3 Professionals and Skilled Workers:
- China: Advances one month to May 1, 2021
- India: Advances almost two months to November 15, 2013
- All other countries: Advance one week to April 22, 2023
EB-5 (Immigrant Investors):
- Unreserved – China: Advances one month to August 15, 2016
- Unreserved – India: Advances ten months to May 1, 2022
- All other countries: Remain current
EB-5 Set-Aside Categories (Rural, High Unemployment, Infrastructure): Remain current for all countries
Dates for Filing Chart Highlights:
The January 2026 Dates for Filing chart also shows advancement in nearly all employment-based categories and countries, with a few notable exceptions:
EB-3 Professionals and Skilled Workers (All Countries): No change from December
EB-3 Other Workers:
- China: Advances by one year to October 1, 2019
- All other countries: No change
India EB-2 (Dates for Filing): Remains unchanged at December 1, 2013
Largest Filing Chart Advancement:
- India EB-5 (Unreserved): Advances by more than two years to May 1, 2024
What Applicants Should Watch Next?
In the coming days, USCIS will announce on its Visa Bulletin webpage whether adjustment of status applicants in January 2026 may rely on the Final Action Dates chart or the more favorable Dates for Filing chart.
Why this matters:
- Applicants with current or near-current priority dates should begin preparing medical exams, filing fees, and supporting documentation.
- Employers and beneficiaries should reassess green card timelines and extension strategies, particularly for India- and China-born applicants.
- EB-5 investors, especially in set-aside categories, continue to benefit from current visa availability.
Bottom line:
The January 2026 Visa Bulletin delivers meaningful forward movement across the employment-based system, offering renewed opportunities for long-waiting applicants—especially in EB-1 India, EB-2 worldwide, and EB-5 India—as USCIS and the State Department continue efforts to reduce backlogs.
Top 10 Things to Check Before Filing an H-1B Transfer in Today’s High-Risk NTA Environment
In today’s enforcement-heavy immigration environment, H-1B transfers, extensions, and amendments are no longer routine filings. USCIS has sharply increased the issuance of Notices to Appear (NTAs) following denials—impacting both H-1B principals and H-4 dependents. A single mistake by an inexperienced preparer, editor, or non-specialized attorney can now result in denial, loss of status, NTA issuance, and removal proceedings.
Below are the top 10 critical factors that must be reviewed before filing an H-1B transfer in 2025–2026.
1. Bona Fide Job Offer (In-House or Client Site):
USCIS will closely scrutinize whether the job is real, available, and non-speculative.
- Must show ongoing, specialty-level work
- Client letters, SOWs, or internal assignments must be credible and detailed
- Third-party placements must clearly establish employer control
Weak or recycled client letters are a top trigger for RFEs, denials, and NTAs.
2. Degree–Job Match (No Assumptions Allowed):
The beneficiary’s degree must be directly related to the job duties.
- “Any bachelor’s degree” language is fatal
- Experience equivalency must be well-documented
- SOC code, duties, and LCA must align
Degree mismatch remains one of the leading causes of H-1B denials.
3. Maintenance of Status (Zero-Gap Policy):
USCIS now applies a strict, unforgiving standard.
- Verify paystubs, W-2s, payroll records, and tax filings
- Confirm no unpaid benching or unauthorized work
- Worksite locations must match LCAs
Even short gaps can now result in denial and immediate NTA issuance.
4. LCA Accuracy and Strategy:
Errors in the LCA can doom an otherwise strong case.
- Correct worksite addresses
- Proper prevailing wage
- Correct SOC code selection
- All client locations listed where required
An incorrect LCA can trigger both USCIS denial and DOL enforcement.
5. Avoid Level 1 Wages in Transfers & Extensions (Critical):
Level 1 wages should be avoided whenever possible, especially in:
- H-1B transfers
- Extensions
- Third-party placements
USCIS increasingly views Level 1 wages as inconsistent with specialty-occupation complexity, particularly when:
- The beneficiary has multiple years of experience
- The role involves independent judgment
- The position is client-facing or senior in nature
Level 1 wages often lead USCIS to conclude:
- The job is entry-level and not a specialty occupation
- The position lacks complexity
- The employer lacks a bona fide need
Best practice:
- Use Level 2 or higher wages, supported by detailed job duties and experience requirements.
6. Employer–Employee Relationship Evidence:
Especially critical for consulting and IT services firms.
- Who assigns work?
- Who supervises?
- Who evaluates performance?
- Who has the right to hire, fire, and control?
Failure to prove control is a frequent basis for denial and NTA issuance.
7. Employer’s Ability to Pay & Payroll Compliance:
USCIS expects proof of:
- Active business operations
- Financial ability to pay the proffered wage
- Payroll compliance history
Thinly capitalized or paper companies are under intense scrutiny.
USCIS expects proof of:
- Active business operations
- Financial ability to pay the proffered wage
- Payroll compliance history
Thinly capitalized or paper companies are under intense scrutiny.
8. Full Immigration History Audit Before Filing:
No H-1B should be filed without reviewing:
- All prior H-1B approvals
- RFEs, NOIDs, withdrawals, or denials
- Prior status violations or gaps
Blind filings in today’s environment are extremely dangerous.
9. H-4 Dependents Are Also at Risk:
If the H-1B is denied:
- H-4 spouses and children may also receive NTAs
- Pending H-4 or H-4 EAD filings must be coordinated carefully
- Withdrawal and fallback strategies must be planned in advance
Families are increasingly being placed into removal proceedings together.
10. Use Experienced Immigration Counsel—Not Templates:
This is not the time for:
- Cut-and-paste job descriptions
- Non-immigration attorneys
- Paralegal-only filings
- AI-generated or generic letters
H-1B filings today require defensive lawyering, deep regulatory knowledge, and NTA-risk mitigation strategies.
Final Takeaway:
In the current USCIS enforcement climate, an H-1B transfer is a legal strategy—not a form-filling exercise. Wage level selection, job design, LCA strategy, and status analysis must all be handled with precision.
Bottom line:
If you are filing an H-1B transfer, extension, or amendment in 2025–2026, avoid Level 1 wages whenever possible and engage experienced immigration counsel before filing—not after a denial or NTA.
Filing Labor Certifications During the Sixth Year of H-1B Is Riskier Than Ever
By Keshab Raj Seadie, Esq. | Immigration Attorney | Law Offices of Keshab Raj Seadie, P.C. | Manhattan, New York
With PERM labor certification processing times now routinely exceeding 18 months, filing a labor certification during the sixth year of H-1B status has become an increasingly high-risk strategy. Employers and foreign national professionals who delay initiating the green card process until the final year of H-1B validity may face serious immigration consequences, including loss of work authorization and forced departure from the United States.
Why Filing in the Sixth Year Is Dangerous?
Under current law, an H-1B worker is generally limited to six years of stay in the United States. Extensions beyond six years are only available if:
- A PERM labor certification or I-140 petition was filed at least 365 days before the end of the sixth year (AC21 §106(a)/(b)), or
-
An I-140 is approved, allowing three-year H-1B extensions under AC21 §104(c) when visa numbers are backlogged.
Given today’s realities, PERM recruitment alone can take 6–9 months, followed by lengthy DOL processing that often exceeds 18 months, especially when audits are issued. Filing PERM late in the fifth year or during the sixth year may simply be too late to preserve H-1B extension eligibility.
Best Practice: Start by Year 4—Not Year 6:
To mitigate risk, employers should initiate the green card process no later than the fourth year of H-1B status. This timeline provides:
- Adequate buffer for prevailing wage determinations,
- Time for PERM recruitment and possible audits, and
- Protection under AC21 for one-year H-1B extensions beyond the sixth year if delays occur.
Waiting until the sixth year assumes a best-case scenario that rarely exists in today’s PERM environment.
Key Takeaway for Employers and H-1B Professionals:
The days of “waiting until the last year” are over. With unpredictable recruitment outcomes, audits, and prolonged processing times, early planning is no longer optional—it is essential. Failure to act early can result in costly disruptions, including work authorization gaps, consular processing abroad, or loss of valuable employees.
Bottom Line:
If your employee is on H-1B and intends to pursue permanent residence, the green card process should begin around Year 3–4 of H-1B status. Filing during the sixth year is no longer a safe or reliable strategy.
For case-specific planning, AC21 strategy analysis, or PERM timing audits, consult experienced immigration counsel early—before the clock runs out.
USCIS Issues New Photo Policy to Strengthen Identity Verification and Prevent Immigration Fraud
U.S. Citizenship and Immigration Services (USCIS) has announced new policy guidance aimed at strengthening identity verification and preventing immigration fraud by limiting how old a foreign national’s photo may be for use in immigration documents.
Effective immediately, USCIS will only use photographs that were taken within three years of the date a benefit request is filed. In addition, self-submitted photos will no longer be accepted. USCIS will rely exclusively on photos taken by USCIS or other authorized entities, ensuring that images used in secure immigration documents are current, accurate, and reliable.
USCIS explained that COVID-19–era flexibilities allowed photo reuse for up to 10 years, even when an applicant’s appearance had significantly changed. These extended flexibilities compromised USCIS’s ability to properly verify identity and conduct effective screening and vetting. The new policy restores stricter standards to protect the integrity of the immigration system and reduce the risk of identity theft and fraud.
The updated guidance aligns with Department of Homeland Security priorities to modernize screening and vetting processes and close vulnerabilities in identity documentation.
Certain applications will always require a new photo, regardless of when a prior photo was taken, including:
- Form I-90 – Application to Replace Permanent Resident Card
- Form I-485 – Application to Register Permanent Residence or Adjust Status
- Form N-400 – Application for Naturalization
- Form N-600 – Application for Certificate of Citizenship
This policy is effective as of December 12, 2025, and applies to all relevant filings from that date forward.
USCIS Establishes New Vetting Center to Enhance Immigration Screening and Target Fraud and Security Threats
U.S. Citizenship and Immigration Services (USCIS) has announced the creation of a new USCIS Vetting Center, a specialized unit designed to strengthen immigration screening and identify terrorists, criminal aliens, and other foreign nationals who pose national security or public safety risks. The center will be headquartered in Atlanta, Georgia, and will centralize enhanced vetting operations across the agency.
According to USCIS, the new vetting center will allow the agency to respond more quickly and effectively to evolving security threats by consolidating screening resources and conducting deeper, supplemental reviews of immigration applications and petitions. Once fully operational, the center will leverage classified and unclassified intelligence, advanced data analytics, and artificial intelligence technologies to detect fraud, deception, and potential security concerns.
USCIS Director Joseph B. Edlow emphasized that the agency’s national security role has become increasingly critical, stating that the new center will enhance USCIS’s ability to protect American communities and maintain the integrity of the immigration system. He also noted a shift away from prior policies that emphasized speed over security, toward a more enforcement-focused approach under the current administration.
The vetting center will work closely with the Department of Homeland Security, law enforcement agencies, and the intelligence community. Its mandate includes reviewing pending applications as well as conducting holistic reviews of previously approved cases, with priority given to applicants from presidentially designated countries of concern.
This initiative aligns with Executive Order 14161, aimed at protecting the United States from foreign terrorists and other national security threats. It follows a series of recent USCIS actions, including enhanced country-specific vetting measures, a pause on certain affirmative asylum decisions, expanded hiring of immigration officers, proposed rules tightening employment authorization screening, and the creation of USCIS special agents with law enforcement authority.
Bottom line: Applicants should expect more intensive screening, longer processing times, and increased scrutiny across a wide range of immigration benefits as USCIS ramps up national security–focused enforcement and vetting efforts.
States Challenge Trump Administration’s $100,000 H-1B Petition Fee
A coalition of nineteen states has filed a federal lawsuit seeking to block a Trump administration policy that requires a $100,000 payment to accompany certain new H-1B visa petitions. The lawsuit argues that the fee is unlawful, was implemented without required administrative procedures, and imposes severe burdens on employers that rely on highly skilled foreign professionals.
According to the complaint, the states contend that the policy exceeds executive authority and violates federal rulemaking requirements by imposing what is effectively a punitive fee without congressional authorization or proper notice-and-comment procedures. The states further argue that the measure will significantly harm public and private employers, particularly in critical sectors such as education, healthcare, scientific research, and technology, where qualified U.S. workers are often in short supply.
State officials warn that the $100,000 fee could deter employers from filing H-1B petitions altogether, disrupt essential services, and undermine universities, hospitals, and research institutions that depend on international talent. The lawsuit seeks injunctive relief to prevent enforcement of the policy while the case proceeds.
What this means: The legal challenge introduces uncertainty around the future of the $100,000 H-1B fee. Until the courts rule, employers and foreign nationals should closely monitor developments and consult experienced immigration counsel to assess filing strategies, exemptions, and risk exposure under the evolving H-1B regulatory landscape.
Travel Ban Expanded and Revised, Effective January 1, 2026
The U.S. government has announced a revised and expanded travel ban that will take effect on January 1, 2026, imposing full or partial restrictions on visa issuance and entry for foreign nationals from 19 designated countries. The policy, issued by presidential proclamation, strengthens prior travel restrictions and reflects the administration’s heightened focus on national security, fraud prevention, and vetting deficiencies.
Under the new rules, immigrant and nonimmigrant visas will be suspended for nationals of the following countries, unless they qualify for limited exceptions such as lawful permanent residence, possession of a valid visa as of January 1, 2026, or specific diplomatic or national-interest categories:
Countries Subject to Full Suspension of Entry:
Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burkina Faso, Laos, Mali, Niger, Sierra Leone, South Sudan, and Syria.
In addition, individuals traveling on documents issued or endorsed by the Palestinian Authority are fully restricted.
Several other countries remain subject to partial travel restrictions, including limitations on certain visa categories—such as B, F, M, and J visas—and reduced visa validity periods. These countries include Angola, Antigua and Barbuda, Benin, Côte d’Ivoire, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, Zimbabwe, as well as Burundi, Cuba, Togo, and Venezuela under prior proclamations.
The expanded travel ban does not cancel visas issued before January 1, 2026, but individuals without valid visas as of that date will generally be ineligible for new visas or U.S. entry. Limited exemptions apply for lawful permanent residents, certain dual nationals, current visa holders, and select national-interest cases.
This action is part of a broader set of immigration enforcement initiatives introduced in 2025, including enhanced vetting, expanded screening, and tighter security protocols at U.S. consulates and ports of entry.
Bottom line: Beginning January 1, 2026, nationals of the listed countries will face significant new barriers to U.S. visas and travel unless they qualify for narrow exemptions. Employers, students, families, and international travelers should plan well in advance and consult immigration counsel before pursuing visa applications or international travel.
DHS Terminates Categorical Parole Programs for Certain Latin American and Caribbean Nationals
The Department of Homeland Security (DHS) has announced the termination of Family Reunification Parole (FRP) processes for nationals of Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras. The decision was formalized in a Federal Register notice published on December 15, 2025, ending parole programs that were announced or updated by DHS in 2023.
The terminated FRP processes previously allowed certain eligible beneficiaries of approved family-based immigrant visa petitions to seek parole into the United States while awaiting immigrant visa availability abroad. DHS stated that the termination reflects a broader reassessment of parole authorities and enforcement priorities.
According to the notice, the change will impact new parole requests under these programs. DHS is expected to provide additional guidance on how pending cases and previously granted parole will be handled, including compliance obligations for beneficiaries and petitioners.
The Verification and Documentation Committee has issued guidance outlining key compliance considerations, including the need for affected individuals to:
- Review their current immigration status carefully,
- Explore alternative immigration options where available, and
- Ensure continued compliance with U.S. immigration laws to avoid enforcement consequences.
Bottom line: Nationals of the affected countries who were planning to use or rely on Family Reunification Parole should reassess their immigration strategies immediately and consult experienced immigration counsel to evaluate lawful alternatives following DHS’s termination of these categorical parole processes.
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.
