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:
E-Verify Launches New “Status Change Report” Tool and Website to Track EAD Revocations for Certain Parolees
The Department of Homeland Security (DHS) notified E-Verify employers via email of a major compliance update: Employment Authorization Documents (EADs) issued to certain parolees whose status has been terminated are now being revoked. In conjunction with this action, DHS launched a new “Status Change Report” tool within the E-Verify platform and debuted a dedicated webpage to help employers monitor the work authorization status of affected individuals. Key Announcement Highlights:- DHS is actively revoking EADs issued to parolees whose underlying parole status has expired, been terminated, or otherwise invalidated.
- Employers enrolled in E-Verify will now receive automated alerts through the Status Change Report, which identifies employees whose employment authorization has changed or been revoked.
- The DHS email urges employers to review the report regularly and take appropriate action under federal law if an employee is no longer authorized to work.
New Compliance Tools:
The new DHS EAD Revocation Webpage provides:
- Detailed explanations of parolee EAD revocations
- Employer guidance on how to access and use the Status Change Report
- Steps for maintaining I-9 compliance when an employee loses work authorization
Initial Compliance Considerations:
- Proactive Monitoring: Employers must routinely check the Status Change Report via their E-Verify accounts to ensure timely detection of affected employees.
- I-9 Action: If a listed employee no longer has valid work authorization, the employer must take immediate steps to update Form I-9, including reverification or termination if no valid documentation is provided.
- No Discrimination: Employers must apply compliance measures uniformly and avoid taking adverse action solely based on parolee status without confirmation of actual work authorization revocation.
- Recordkeeping: Retain documentation of all updates, communications, and actions taken in response to EAD status changes for audit protection.
- Legal Consultation: Employers are advised to consult immigration counsel if questions arise regarding how to handle specific employee situations or interpret EAD revocation notices.
This DHS development marks a significant step toward tightened worksite enforcement and parolee oversight, and E-Verify employers should act promptly to review their workforce and prepare internal processes accordingly.
For more updates on employment verification compliance and DHS policy changes, contact the Law Offices of Keshab Raj Seadie, P.C.USCIS Announces Adjustment of Status Filing Charts for July 2025
The U.S. Citizenship and Immigration Services (USCIS) has confirmed that for July 2025, different visa bulletin charts will apply for family-sponsored and employment-based adjustment of status applications.
Key Takeaways for July 2025 Filings:
- Family-Sponsored Applicants: Must use the Dates for Filing chart from the Department of State’s July 2025 Visa Bulletin.
- Employment-Based Applicants: Must use the Final Action Dates chart for all categories.
- Most countries: 01SEP17
- Mexico: 01JUN06
- Philippines: 22APR15
F2A (Spouses and Children of LPRs):
- 01MAR25 for all chargeability areas (remains current)
F3 (Married Sons/Daughters of U.S. Citizens):
- Most countries: 22JUL12
- Mexico: 15JUN01
- Philippines: 01DEC04
Employment-Based Final Action Dates (Sample Highlights):
EB-1 (Priority Workers):
- Most countries: Current
- China: 15NOV22
- India: 15FEB22
EB-2 (Advanced Degree Professionals):
- Most countries: 15OCT23
- India: 01JAN13
- China: 15DEC20
EB-3 (Skilled Workers and Professionals):
- Most countries: 01APR23
- India: 22APR13
- China: 01DEC20
EB-5 Unreserved:
- Most countries: Current
- India: 01MAY19
- China: 22JAN14
EB-4 (Religious Workers and Certain Other Special Immigrants):
- All categories remain unavailable (U)
Filing PERM for EB-3 Skilled Worker Green Card
The Program Electronic Review Management (PERM) process is the first crucial step for foreign workers seeking permanent residency in the United States through the EB-3 skilled worker category. This labor certification process ensures that hiring foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers.
Understanding the EB-3 Skilled Worker Category:
The EB-3 skilled worker classification is designed for foreign nationals whose jobs require at least two years of training or work experience. Unlike the EB-2 category which requires advanced degrees or exceptional ability, EB-3 positions typically require a bachelor’s degree or equivalent work experience but are not considered “professional” positions requiring advanced education.
The PERM Process Overview:
PERM labor certification is filed by the employer, not the employee, and serves as evidence that no qualified U.S. workers are available for the position at the prevailing wage. The process involves several key phases: recruitment, filing, and adjudication. Pre-Filing Requirements: Before submitting the PERM application, employers must conduct a comprehensive recruitment process to test the U.S. labor market. This includes obtaining a prevailing wage determination from the Department of Labor, which establishes the minimum wage that must be offered for the position in the specific geographic area. The recruitment process requires employers to post the job opportunity in various venues. For professional positions, this includes placing advertisements in newspapers, posting on the employer’s website, and utilizing the state workforce agency’s job bank. Additional recruitment steps may include job fairs, campus recruitment, trade publications, and professional organizations, depending on the specific requirements. Filing the Application: Once recruitment is complete and the employer can demonstrate that no qualified U.S. workers applied for the position, the PERM application (Form ETA-9089) can be filed electronically with the Department of Labor. The application must include detailed information about the job requirements, recruitment efforts, and the foreign worker’s qualifications. Critical elements of the application include accurate job descriptions, minimum requirements that are normal for the occupation, and documentation of the recruitment process. Any discrepancies or irregularities can result in delays or denials. Timeline and Processing: PERM processing times can vary significantly, typically ranging from eight months to two years depending on the complexity of the case and current Department of Labor workload. Cases may be selected for audit, which can extend processing time as employers must provide additional documentation to support their recruitment efforts and job requirements. Once the PERM is approved, it remains valid for 180 days, during which time the employer must file the I-140 immigrant petition with USCIS. This tight timeline requires careful coordination between the PERM approval and subsequent filing steps. Common Challenges and Considerations: Several factors can complicate the PERM process. Job requirements must be justified as normal for the occupation and cannot appear to be tailored specifically for the foreign worker. The recruitment process must be conducted in good faith, and employers must be prepared to interview and consider qualified U.S. applicants. Documentation is crucial throughout the process. Employers must maintain detailed records of all recruitment efforts, applicant responses, and reasons for rejection. Poor documentation is one of the most common reasons for PERM denials or prolonged audits. Strategic Planning: Successful PERM filing requires careful planning and attention to detail. Employers should work with experienced immigration attorneys to ensure compliance with all requirements and to develop strategies that maximize the chances of approval while minimizing processing delays. The investment in proper PERM preparation pays dividends in smoother processing and higher approval rates. Given the complexity of immigration law and the significant consequences of errors, professional guidance is invaluable throughout this process. Conclusion: Filing PERM for EB-3 skilled worker green cards represents a significant commitment from both employers and foreign workers. While the process can be lengthy and complex, understanding the requirements and maintaining meticulous attention to detail throughout the recruitment and filing phases greatly improves the likelihood of success. With proper preparation and professional guidance, the PERM process serves as the foundation for achieving permanent residency in the United States.National Interest Exceptions to Presidential Proclamation on Visa Suspensions Explained
In response to ongoing implementation of Presidential Proclamation 10949, which took effect on June 9, 2025, the U.S. Department of State has confirmed it is now restricting visa issuance to foreign nationals as part of the proclamation’s enforcement. However, an important exception remains: the National Interest Exception (NIE) under Section 4(d) of the proclamation.
According to official guidance shared with AILA, the Department of State clarified that National Interest Exceptions may be granted on a case-by-case basis if the Secretary of State (or designee), in coordination with the Secretary of Homeland Security, determines that an applicant’s travel would advance the national interest of the United States.
Applicants affected by the June 4 Proclamation may still apply for visas and attend interviews, but are not guaranteed issuance unless they qualify for this rare exception. There is no separate application process for the NIE; instead, eligibility is evaluated during the consular interview, much like discretionary waivers under INA 212(d)(3). Critically, the Department emphasized that NIEs will be rarely granted. Routine travel purposes—such as tourism, visiting family, study, employment, or standard business trips—do not meet the high bar for qualifying under the U.S. national interest standard. To qualify, visa applicants must:- Be otherwise eligible for the visa,
- Convince the consular officer that their travel serves a demonstrable U.S. national interest, and
- Pose no threat to U.S. national security or public safety.
The applicable standard for adjudication is aligned with Executive Order 14150, titled “America First Policy Directive to the Secretary of State”, which emphasizes prioritizing U.S. citizens and national interests in all foreign policy decisions.
Key Takeaways for Applicants:
- NIEs must be discussed and justified during the visa interview.
- There is no form or pre-filing option for NIE requests.
- Travel for education, work, or family visits will almost never qualify.
- The Secretary of State or a designee must authorize each exception, in consultation with DHS.
Attorneys representing clients affected by the Proclamation are encouraged to prepare detailed national interest justifications and educate clients about the extremely narrow scope of this exception.
For more updates on visa policies and immigration developments, contact the Law Offices of Keshab Raj Seadie, P.C.
USCIS Updates Policy on Validity of Marriages for Asylees and Refugees
U.S. Citizenship and Immigration Services (USCIS) announced an important policy update regarding the validity of marriages involving principal asylees and refugees. The new guidance, effective March 3, 2025, is now published in the USCIS Policy Manual, Volume 4, and clarifies the legal standard for recognizing such marriages for immigration benefits.
Key Policy Update:
Under the revised guidance, any marriage between a principal asylee or principal refugee and their claimed derivative spouse must be legally valid in the jurisdiction where the marriage took place in order to qualify for derivative immigration benefits.
This means that:
- A marriage must comply with the civil laws of the location where it was celebrated;
- Informal or customary marriages not recognized as legally valid in the jurisdiction of celebration will not be accepted for immigration purposes;
- The rule applies to both pending and future filings made on or after March 3, 2025.
Background:
Previously, there was some ambiguity regarding the recognition of certain traditional or proxy marriages in refugee and asylum contexts. The new guidance standardizes the approach, requiring that all such unions meet local legal marriage standards to be considered valid by USCIS.
Implications for Applicants:
- Derivative spouses of refugees and asylees must submit proof that their marriage is legally recognized in the country where it was performed.
- Applicants may be required to submit marriage certificates and additional documentation to confirm validity under local law.
- This policy affects eligibility for Forms I-730 (Refugee/Asylee Relative Petition) and potentially I-485 applications filed on derivative grounds.
Legal Tip:
Refugees and asylees who were married in regions with non-standard marriage practices or limited legal documentation should consult with an immigration attorney to ensure their marriage meets USCIS requirements. It may be necessary to obtain supplemental documentation or legal affidavits to establish the marriage’s validity. For guidance on I-730 petitions, adjustment of status, and derivative immigration benefits, contact the Law Offices of Keshab Raj Seadie, P.CSincerely,
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.
