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:
FY 2026 H-1B CAP Reached: What Employers and Beneficiaries Need to Know
USCIS has announced that it has received enough H-1B CAP registrations to meet the annual quota for Fiscal Year (FY) 2026, including the regular cap of 65,000 and the 20,000 advanced degree exemption. The H-1B lottery has been completed, and sponsoring employers and attorneys can now check their registration accounts for selection results.
Checking Lottery Status:
Employers and attorneys must log into their my.USCIS.gov accounts to view each registration's status, which will be one of the following:
- Submitted – Eligible for future lottery rounds if not yet selected.
- Selected – Eligible to file a CAP-subject H-1B petition.
- Denied – Duplicate submission or invalid travel document.
- Invalidated – Failed Payment – Payment issue during registration.
- Deleted – Registration was withdrawn or removed.
Only registrations marked “Selected” can proceed with an H-1B CAP petition.
Petition Filing Period: April 1, 2025 to June 30, 2025
Employers can begin filing H-1B petitions for selected beneficiaries starting April 1, 2025. The filing window ends no earlier than 90 days later, with most notices showing a deadline of June 30. Timing may vary depending on specific situations:
- F-1 OPT workers needing CAP-gap must file before their EAD expires.
- Graduating students must wait until their degree is conferred or confirmed.
Petitioners must include the Selection Notice and a copy of the passport or travel document used in the registration.
Next Steps for Beneficiaries:
Selected individuals will be contacted by their employers or legal teams. Those not selected will be informed accordingly and may remain eligible for a second lottery round if USCIS determines that additional petitions are needed to meet the 85,000-CAP quota.
Second Lottery Possible:
- Improve transparency and efficiency
- Reduce burden on petitioners
- Align regulations with current business practices
Key changes include:
- Elimination of itinerary requirement
- Clarification of non-speculative employment
- Enhanced H-1B lottery selection rules
- Stronger emphasis on specialty occupation and compliance
Client-Site vs. In-House Employment Compliance:
Although control is no longer the central test, compliance at client sites remains critical. Employers must still:
- Maintain clear documentation of the employment relationship
- Ensure accurate LCAs, support letters, and project details
- Be ready for USCIS site visits at either location
In contrast, in-house roles generally face fewer hurdles but still require thorough documentation of job duties, internal work, and employee qualifications.
2. Specialty Occupation – Proving It Post-ITServe:
One of the core H-1B eligibility requirements remains the specialty occupation test. Whether the position is in-house or client-site based, employers must demonstrate that the offered position:
- Requires theoretical and practical application of specialized knowledge
- Requires at least a bachelor's degree (or its equivalent) in a specific specialty
A. In-House Employment:
For positions based at the petitioner's worksite, the following should be included:
- Clearly defined job duties: Avoid vague or generic terms. Duties must align with the specialized field.
- Occupational match: The job should closely match the OOH-defined roles (e.g., Software Developer, Data Scientist).
- Educational requirement: The degree field must correspond with the position's duties and reflect industry standards.
- Organizational chart: Include reporting hierarchy to show the Beneficiary's role and oversight.
- Project documentation: Internal project timelines, software development lifecycle (SDLC), and technical specs can demonstrate that work exists.
Example: A Software Engineer working on a proprietary healthcare analytics platform should include detailed documentation of the internal software being developed, the engineer's role in the architecture and testing phases, and any relevant technologies used.
B. Client-Site Employment:
While the employer-employee relationship test has evolved, USCIS still expects evidence of bona fide employment at the time of filing. Include:
- Master Service Agreement (MSA), Statement of Work (SOW), and Purchase Orders (POs) outlining the scope and duration
- End-client letters confirming job duties, required qualifications, and reporting structure
- Even though daily control is not mandatory, demonstrating active involvement, supervision, and employment conditions is still important.
3. Bona Fide Employment & Compliance Under the Modernization Rule:
What Is a Bona Fide Job Offer?
USCIS will examine whether the job offer:
- Is non-speculative (i.e., real and available at the time of filing)
- Is supported by actual work assignments, projects, and budgets
- Demonstrates that the Beneficiary will perform duties qualifying as a specialty occupation
Proof and Documentation to Strengthen Compliance:
I. Updated Form I-129 and Addendums: Complete all employer/employee relationship sections accurately.
II. Labor Condition Application (LCA):
- Must match job title, SOC code, wage level, and work location
- Use Level I wages cautiously—only when duties truly match entry-level standards.
III. Employer Control:
- Show that the H-1B employer maintains payroll, benefits, evaluations, and project oversight.
- If client-based, clarify employer's role in supervision and management.
IV. Petitioner's Legal Presence: Employer must be legally present and amenable to service of process in the U.S.
V. Client-Specific Evidence:
- Especially critical when the employee is staffed at a client site
- Differentiate between being a dedicated contractor vs. a commodity service provider
H-1B Itinerary Requirement Eliminated:
- Employers no longer need to submit a detailed itinerary of job locations and timelines.
- However, petitioners must still provide a valid work location with a corresponding LCA at the time of filing.
4. Preparing for USCIS Site Visits:
- Maintain copies of:
- Approved LCA
- Offer letter
- Organizational chart
- Job description
- Employment agreement
- Be prepared to explain the employee's day-to-day duties and supervisory structure
For Client Site:
- Alert your client's HR or project manager of the potential for visits
- Ensure front desk or security can direct USCIS to a manager familiar with the H-1B worker
- Keep updated SOWs and proof of assignment onsite
Conclusion:
The post-ITServe H-1B world is more accommodating to modern employment models like remote work and third-party consulting, but documentation, transparency, and proactive compliance are more critical than ever. Whether you're employing a software developer at your own office or placing a systems analyst with a Fortune 500 client, your ability to clearly prove the role is a specialty occupation and the job is real and compliant will determine the petition's success.
What to Do If Your F-1 Visa Status Is Terminated and SEVIS Record Is Canceled
If someone has recently received a SEVIS termination letter and their F-1 visa status was canceled, it is a serious matter that may lead to expedited removal, arrest, or removal proceedings in immigration court. The reasons can vary widely, including but not limited to:
Possible Reasons for SEVIS Termination and Visa Cancellation:
- Failure to maintain status (e.g., not enrolling full-time, unauthorized employment)
- Criminal conviction (e.g., theft, assault, traffic or drug-related offenses)
- Security grounds (e.g., being flagged in connection with terrorist groups)
- Misrepresentation or fraud (e.g., using fake documents or lying on applications)
- FBI or DHS background check flags
- Visa revocation under INA 221(i) due to post-issuance ineligibility (often triggered by updates in the CLASS or IDENT databases)
What Can Be Done?
Depending on the reason for termination, you may have one or more options:
1. Reinstatement Request (Form I-539)
- For students who violated status unintentionally or under extenuating circumstances.
- Must be filed within 5 months of SEVIS termination.
- Must show no prior violations and intention to return to full-time study.
2. File a Motion to Vacate a Criminal Conviction
- If the SEVIS termination and visa revocation were due to a criminal conviction, especially if it was wrongful or can be challenged (e.g., ineffective counsel), a criminal defense attorney can file a motion to vacate the conviction.
3. Challenge Misclassification or Security Allegations
- If labeled as a security threat (e.g., supporter of Hamas or another designated foreign terrorist organization) and you were not, it is crucial to:
- Retain an experienced immigration attorney
- Provide evidence of lack of affiliation
- File appropriate motions or seek waivers under INA 212(d)(3) if eligible
Note: Hamas is designated by the U.S. as a Foreign Terrorist Organization (FTO). Any alleged support can result in inadmissibility under INA §212(a)(3)(B) and potential removal under INA §237(a)(4)(B).
Key Takeaways:
- Act quickly. SEVIS termination triggers unlawful presence and can affect your future visa eligibility.
- Always consult an experienced immigration attorney, especially if the case involves criminal grounds or national security issues.
- Depending on the situation, you may pursue reinstatement, criminal relief, or removal defense in immigration court.
USCIS Announces Work Permit Application Process for Hong Kong Residents Covered by Deferred Enforced Departure (DED)
U.S. Citizenship and Immigration Services (USCIS) has announced the application procedures for certain Hong Kong residents covered by Deferred Enforced Departure (DED) to obtain Employment Authorization Documents (EADs), valid through February 5, 2027. This follows a new Federal Register notice posted today that automatically extends the validity of previously issued DED-related EADs.
Key Highlights:
- EADs with an expiration date of Feb. 5, 2023, or Feb. 5, 2025, and Category Code A11 are now automatically extended through Feb. 5, 2027.
- These EADs may be presented as valid proof of identity and employment eligibility when completing Form I-9.
A Presidential Memorandum issued on Jan. 15, 2025, deferred through Feb. 5, 2027, the removal of certain eligible Hong Kong residents who were physically present in the United States as of that date. While there is no application process to obtain DED status, eligible individuals may apply for employment authorization by filing Form I-765 with USCIS.
Additional Travel Benefits:
DED beneficiaries may also seek advance travel authorization by filing Form I-131. Travel outside the United States without advance permission may impact their ability to return and remain covered under DED.
Case-by-Case Review:
All EAD applications will undergo a thorough review process to ensure eligibility and screen for any potential fraud, public safety, or national security concerns.
USCIS Aids ICE in Major Operation Arresting 370 Criminal Aliens in Massachusetts
U.S. Citizenship and Immigration Services (USCIS) supported a U.S. Immigration and Customs Enforcement (ICE) operation that led to the arrest of 370 undocumented individuals in Massachusetts between March 18 and 23. The six-day effort targeted violent criminal offenders and members of transnational gangs including MS-13, Tren de Aragua, Trinitarios, and 18th Street.
Of those arrested, 205 had serious criminal histories, and six were international fugitives wanted for crimes such as murder and drug trafficking. Authorities also seized drugs, weapons, and ammunition, including 44 kg of meth, 5 kg of fentanyl, and three firearms.
ICE noted that many arrests were made in communities due to local jurisdictions declining to honor federal detainer requests. Multiple federal agencies, including the FBI, DEA, ATF, and USCIS, participated in the operation.
New Jersey Man Indicted for Lying About ISIS Ties on U.S. Citizenship Application
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.
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