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:
April 2026 Immigration Update: Enforcement Surge and Policy Shifts
As of April 2026, the Trump administration has significantly intensified immigration enforcement across multiple fronts. The White House reports over 2.5 million removals and departures, including more than 605,000 deportations, alongside approximately 500,000 removal orders issued in FY 2025. At the same time, asylum policies have tightened dramatically, with approval rates reportedly dropping to just 7%, reflecting a far more restrictive adjudication environment. Border enforcement measures have also strengthened, with claims of 11 consecutive months of zero illegal releases and a notable decline in fentanyl trafficking.
The administration has also taken aggressive positions on broader immigration policy. Efforts to expand denaturalization cases are increasing, particularly targeting individuals with alleged criminal conduct, while a major constitutional battle is underway as the U.S. Supreme Court considers challenges to birthright citizenship. Tensions with sanctuary jurisdictions are escalating as Homeland Security Secretary has threatened to withdraw customs personnel from airports in sanctuary cities, potentially disrupting major international travel hubs.
Meanwhile, enforcement activity by ICE remains robust, drawing scrutiny from advocacy groups such as American Immigration Lawyers Association, which has raised concerns about the broader impact of denaturalization efforts. On the legislative front, a bipartisan proposal is advancing to waive substantial visa fees for international healthcare workers to address labor shortages. In employment-based immigration, USCIS has completed the FY 2027 H-1B registration selection process, marking the start of another highly competitive filing season under an increasingly strict regulatory climate.Not Selected in the H-1B Lottery? – You Still Have Options
A rejection in the H-1B cap registration is not the end of the road. Skilled foreign professionals have more pathways to lawful status and work authorization than most realize — and some are stronger than the H-1B itself.
By Keshab Raj Seadie, Esq. | Managing Attorney, Greencardmaker.Com | Over 25 Years of U.S. Immigration Practice.
Every April, thousands of skilled professionals — engineers, technologists, researchers, managers, and entrepreneurs — learn that their H-1B registration was not selected in the lottery. The disappointment is real. But an unselected registration is not a closed door; it is a redirection. The U.S. immigration system offers a robust set of alternatives, and for many individuals, those alternatives lead to greener pastures faster than the H-1B would have.
“An unselected H-1B registration is not a closed door — it is a redirection toward pathways that may serve you better.”
No Lottery:
The O-1A is the most natural H-1B alternative for high-achieving professionals. It is cap-exempt — meaning there is no lottery, no annual quota, and no registration period. It can be filed any time of year and approved within weeks with premium processing.
USCIS evaluates O-1A applicants under an “extraordinary ability” standard, but this does not require Nobel Prize-level distinction. A strong combination of the following can qualify:
- Receipt of nationally or internationally recognized awards or prizes
- Membership in associations requiring outstanding achievement
- Published articles or media coverage in professional publications
- High salary or remuneration relative to peers in the field
- Original scientific, scholarly, or business contributions of major significance
- Critical or essential roles at distinguished organizations
- Judging the work of others in the field
The O-1A is granted for up to 3 years initially and can be extended in 1-year increments indefinitely. Many O-1A holders transition to EB-1A green cards using the same evidentiary record.
L-1 Visa: Intracompany Transferee (Manager, Executive, or Specialized Knowledge)
Cap-Exempt:
If you are employed by a multinational company and have worked abroad for that employer for at least one continuous year within the past three years, the L-1 visa may be immediately available to you. Like the O-1, it is entirely cap-exempt.
- L-1A — For managers and executives; leads directly to the EB-1C green card (no labor certification required)
- L-1B — For workers with specialized knowledge of the company’s products, services, or procedures
The L-1A is particularly powerful: after one year in L-1A status, an individual may be eligible for the EB-1C immigrant visa — a priority worker green card that bypasses the PERM labor certification process entirely and moves quickly even for Indian nationals due to a separate visa cut-off queue.
Concurrent Green Card Filing: NIW or EB-1A When Priority Date is Current:
Direct Path:
- For individuals who already have an approved or pending I-140 petition — or who qualify for self-petition — and whose priority date is current, the possibility of filing an I-485 adjustment of status application concurrently opens a powerful and often overlooked door.
- EB-2 NIW (National Interest Waiver) allows professionals with advanced degrees or exceptional ability to self-petition for a green card without an employer sponsor or PERM labor certification, provided their work is in the national interest. Science, technology, engineering, healthcare, and business fields are strongly favored.
- EB-1A (Extraordinary Ability) similarly permits self-petition without employer sponsorship and carries first-preference priority — the shortest wait time of any employment-based category.
- When a priority date is current, the concurrent I-485 filing allows the applicant to obtain an Employment Authorization Document (EAD) and Advance Parole, providing work authorization independent of any visa status while the green card is adjudicated.
Day 1 CPT: Curricular Practical Training from Enrollment:
F-1 Status:
- Certain accredited universities offer graduate degree programs structured so that Curricular Practical Training (CPT) is authorized from the first day of enrollment. This is commonly referred to as “Day 1 CPT.” Unlike OPT, CPT does not consume the F-1 student’s 12-month OPT cap, and full-time CPT (20+ hours/week) does not count against standard OPT eligibility as long as it does not exceed 12 months cumulatively.
- Day 1 CPT allows an F-1 student who is otherwise facing a status gap — because their H-1B was not selected — to maintain lawful status and remain employed full-time while pursuing a master’s degree program. The student can apply again in the next H-1B lottery with master’s cap eligibility, which carries a higher selection probability.
Note: Due diligence on institutional accreditation and program bona fides is essential. USCIS has increased scrutiny of CPT-heavy programs.
H-4 Visa with EAD: Dependent Spouse of an H-1B Holder:
Derivative Status:
- If your spouse holds H-1B status and has an approved I-140 or has been granted H-1B extensions beyond the initial 6-year cap period, you may be eligible for an H-4 visa and H-4 EAD (Employment Authorization Document). The H-4 EAD authorizes unrestricted employment — you may work for any employer in any capacity without restriction.
- This is a practical and frequently underutilized option for couples where one partner is H-1B-selected and the other is not. It allows continued U.S. employment while the non-selected partner pursues a longer-term green card strategy or re-registers for the next H-1B lottery.
L-2 Visa with Incident-to-Status Work Authorization:
Derivative Status:
- Spouses of L-1 visa holders are eligible for L-2 status and — following the Shergill settlement — are authorized to work incident to their L-2 status without a separately filed EAD application, though obtaining an EAD document provides important evidentiary proof of authorization for employers.
- L-2 status mirrors the validity of the L-1 principal’s status and can be a reliable bridge for professionals re-evaluating their long-term immigration strategy.
Other Cap-Exempt Nonimmigrant Work Visas:
Specialty:
Depending on nationality and field, several additional work visa categories bypass the H-1B cap entirely:
- TN Visa — Available to Canadian and Mexican nationals in designated USMCA professions (engineers, scientists, accountants, lawyers, and more). No petition required for Canadians.
- E-3 Visa — Available exclusively to Australian nationals in specialty occupation roles. Annual quota of 10,500 is virtually never exhausted.
- J-1 Exchange Visitor — Research scholars, professors, and exchange program participants may be eligible; requires a designated sponsor organization.
- EB-1A or NIW via Premium Processing — For those with strong credentials, self-petitioning for a green card and obtaining an EAD through an I-485 concurrent filing may result in work authorization faster than the next H-1B cycle.
Re-Register Next Year — With a Strategic Upgrade:
Future Round:
- If none of the above options fit your immediate situation, maintaining lawful status and re-registering in the next H-1B lottery is a valid strategy — but it should be approached more deliberately. Registrations under the advanced degree (master’s cap)pool receive two chances at selection in a single cycle (first in the 65,000 regular cap draw, then in the 20,000 master’s cap draw), materially improving odds.
- Enrolling in a qualifying U.S. master’s program — especially via Day 1 CPT, as noted above — serves dual purposes: it maintains status and employment, and it upgrades lottery odds for the following April.
A Word of Counsel:
Every individual’s immigration situation is unique. The options above are not mutually exclusive — in many cases, the strongest strategy layers multiple paths simultaneously: filing an O-1A or NIW now, using Day 1 CPT for bridge status, and registering again in next year’s H-1B lottery. The worst response to a lottery rejection is inaction. Move quickly, consult counsel, and chart a course forward before your current status lapses.
Quick Reference:
- O-1A — Cap-exempt, any time, renewable
- L-1A/B — Multinational employers, cap-exempt
- EB-1A / NIW — Self-petition, green card direct
- Day 1 CPT — F-1 bridge + re-registration
- H-4 EAD — Spouse of H-1B holder
- L-2 EAD — Spouse of L-1 holder
- TN / E-3 — Nationality-specific, no cap
- Re-register — Master’s cap upgrade next April
Key Considerations:
Status maintenance is time-sensitive. Do not allow your authorized period of stay to expire while evaluating options. Overstay — even brief — can trigger bars to future admissibility.
If your employer is a cap-exempt institution (university, nonprofit research org, government entity), your H-1B petition may be filed at any time without lottery selection.
Schedule a Consultation
FDNS Site Visits in 2026: What Employers and H-1B/L-1 Employees Must Know
In-House Worksites vs. End-Client Locations:
Overview:
The Fraud Detection and National Security Directorate (FDNS), a division of USCIS, conducts unannounced site visits to verify the legitimacy of employment-based visa petitions, particularly H-1B and L-1 cases.
In today’s heightened enforcement environment, FDNS site visits are more frequent, more detailed, and more consequential. Employers—especially IT consulting firms and third-party placement companies—must be fully prepared for visits at both:
- In-house (petitioner) locations, and
- End-client worksites
Why FDNS Conducts Site Visits:
FDNS officers are tasked with verifying that:
- ✔️ The employer is a real, operating business
- ✔️ The employee is working in the role described in the petition
- ✔️The job duties match the LCA and petition
- ✔️The employee is being paid the required wage
- ✔️There is a valid employer-employee relationship
Failure in any of these areas can result in:
- Request for Evidence (RFE)
- Notice of Intent to Revoke (NOIR)
- Petition revocation
- Future petition scrutiny or fraud allegations
PART I — FDNS Site Visit at Employer (In-House Location)
What Officers Typically Check
At the employer’s office, FDNS may request:
Company-Level Information:
- Nature of business and services
- Number of employees (H-1B vs. U.S. workers)
- Organizational structure
- Office lease or ownership proof
- Payroll system (ADP, Paychex, etc.)
- Tax filings and business licenses
Employee-Specific Information:
- Job title and duties
- Salary and pay frequency
- Start date and work location
- Reporting manager details
- Educational background
Common Questions Asked:
- What does the company do?
- How many employees do you have?
- Who supervises the H-1B employee?
- What projects is the employee working on?
- How is the employee paid?
Key Risk Areas (In-House)
- Salary below LCA wage
- Job duties inconsistent with petition
- Employee working remotely without proper LCA posting
- Level 1 wage but duties reflect senior-level work
- Lack of direct supervision
PART II — FDNS Site Visit at End-Client Location:
This is where most compliance issues arise—especially in consulting and staffing models.
What FDNS Looks For at Client Site:
- Is the employee actually present at the location?
- Are the job duties consistent with the H-1B petition?
- Who is controlling the employee’s work?
- Does the client confirm the project and role?
Typical Questions at Client Site:
- What is your job title and daily work?
- Who assigns your tasks?
- Do you report to the client or your employer?
- How long have you been working here?
- What technologies/tools do you use?
Critical Legal Issue: Employer Control
Even at a client site:
The petitioning employer must retain control
This means:
- Employer assigns and evaluates work
- Employer pays salary
- Employer can hire/fire
- Employer supervises (even if remotely)
If the client appears to control the employee, USCIS may conclude:
- No valid employer-employee relationship
- Unauthorized third-party placement
- Misrepresentation in petition
Documentation You Must Maintain
For both in-house and client-site compliance:
Employer Should Have:
- Copy of filed H-1B/L-1 petition
- Labor Condition Application (LCA)
- Client contracts / SOW / MSA
- Employee pay stubs (last 3–6 months)
- Organizational chart
- Performance review records
Employee Should Know:
- Exact job title and duties
- Salary and pay structure
- Employer name (NOT just client)
- Reporting structure
- Work location details
Best Practices for FDNS Preparedness:
1. Train Your Employees:
Employees must:
- Answer truthfully
- Stay consistent with petition
- Avoid guessing or speculating
2. Align All Documents:
Ensure consistency across:
- LCA
- I-129 petition
- Client letter
- Offer letter
- Actual job duties
3. Monitor Worksite Changes:
- File H-1B amendment if location changes materially
- Maintain proper LCA postings
4. Maintain Wage Compliance:
- Always pay required wage (even during bench time)
- Keep payroll records ready
5. Prepare End Clients:
- Inform clients of potential FDNS visits
- Ensure they understand:
- The employee works for your company
- You retain supervision and control
What To Do During an FDNS Visit:
Stay calm and cooperative
Verify officer identification
Provide requested documents
Do not guess—say “I will confirm” if unsure
Inform your immigration counsel immediately
Strategic Risks in 2026 Enforcement Climate:
We are seeing increased scrutiny in:
Level 1 wage H-1B filings
- Third-party placements
- Remote work arrangements
- New or small consulting companies
- STEM OPT to H-1B transitions
Final Thoughts:
FDNS site visits are not random anymore—they are targeted compliance audits. Employers must treat every petition as if it will be reviewed in person.
At Law Offices of Keshab Raj Seadie, P.C., we strongly recommend implementing a proactive compliance protocol:
- Internal audit of all H-1B/L-1 cases
- Employee training sessions
- End-client awareness briefings
- Immediate correction of inconsistencies
Substitution of Petitioner & Continuation of Green Card After Death
(Family-Based I-130 & Employment-Based Cases under INA §204(l))
- Family-Based Cases (I-130) → Humanitarian Reinstatement / Substitute Sponsor
- Employment-Based Cases → Surviving Derivatives under INA §204(l)
PART 1. FAMILY-BASED I-130: WHEN PETITIONER DIES:
Legal Framework: When an I-130 petitioner dies:- The petition is automatically revoked under 8 CFR §205.1
- However, relief may be available through:
- Humanitarian Reinstatement, and
- Substitute Affidavit of Support (Form I-864)
Key Requirements for Reinstatement:
To revive the I-130, the beneficiary must show:- Approved I-130 at time of death
- Humanitarian factors favor reinstatement
- Availability of a qualifying substitute sponsor
Eligible Substitute Sponsors:
A substitute sponsor must be a U.S. citizen or LPR and one of the following:
- Spouse
- Parent
- Mother-in-law / Father-in-law
- Sibling
- Child (18+)
- Son/daughter
- Son-in-law / Daughter-in-law
- Grandparent
- Grandchild
- Legal guardian
- Ensure I-130 was approved before death
- Obtain approval notice + priority date confirmation
Step 2 — Identify Substitute Sponsor
- Confirm qualifying relationship
- Verify income eligibility (125% poverty guidelines)
Step 3 — Prepare Humanitarian Reinstatement Request
Submit to USCIS service center with:
- Cover letter (legal brief style)
- Death certificate of petitioner
- Proof of relationship (beneficiary + substitute sponsor)
- Approved I-130 copy
- Evidence of humanitarian factors:
- Family ties in the U.S.
- Length of residence
- Hardship factors
- Medical or financial dependency
Step 4 — File New Affidavit of Support
- Form I-864 from substitute sponsor
- Supporting financial documents
- If approved → resume:
- NVC processing, OR
- Adjustment of Status (I-485)
PART II — EMPLOYMENT-BASED CASES: WHEN BENEFICIARY DIES:
INA §204(l) Protection INA §204(l) allows certain surviving relatives to continue the green card process if: Core Requirement: ➡️The beneficiary (or derivative) was residing in the U.S. at the time of death and continues to reside in the U.S. Who Can Benefit?- Spouse of deceased principal beneficiary
- Children (derivatives)
- In some cases, other qualifying relatives tied to the petition
Important Clarification:
- There is NO substitution of employer or beneficiary
- Instead, derivative beneficiaries step into the process if eligible
- Approved I-140?
- Pending I-485?
- Priority date current?
- Physical residence in the U.S. at time of death
- Continued residence in the U.S.
Step 3 — Notify USCIS
Submit:
- Written request invoking INA §204(l)
- Death certificate of principal beneficiary
- Proof of relationship (marriage certificate, birth certificates)
- Proof of U.S. residence:
- Lease, utility bills, tax returns, school records
Step 4 — Continue Adjustment of Status
If I-485 is pending:
- Request continuation of adjudication
- Supplement with updated evidence if needed
If not filed:
- File I-485 (if priority date current)
SPECIAL CATEGORY — SURVIVING SPOUSES:
Under INA §204(l) + Widow(er) Protections: A surviving spouse may:- Continue a pending case, OR
- File a self-petition (in family-based context)
- Timing is critical — act immediately after death
- Residence requirement under INA §204(l) is strictly enforced
- Humanitarian reinstatement is discretionary — strong documentation is key
- Always include:
- Equities in the U.S.
- Lack of ties abroad
- Hardship arguments
- Humanitarian reinstatement (family cases)
- Substitute sponsors (I-864)
- INA §204(l) protections (employment & family derivatives)
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.
