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:
Upcoming Webinar to Guide Employers Through H-1B Compliance in 2025.
Employers navigating the evolving H-1B landscape are invited to a free webinar hosted by immigration attorney Keshab Raj Seadie, Esq., on Wednesday, April 16, 2025, from 4:00 p.m. to 5:15 p.m. EDT. Titled “Navigating H-1B Compliance in 2025: Specialty Occupation, Bona Fide Employment, PERM & I-140 Strategy for Consulting and In-House Employers,” the session will offer practical guidance to both IT consulting firms and direct-hire employers.
The webinar, sponsored by ITServe Alliance, will address the impact of the H-1B Modernization Rule, the rescission of the Neufeld Memo, and the landmark ITServe Alliance v. USCIS settlement. Employers will learn how to demonstrate specialty occupation roles, maintain documentation for USCIS site visits, comply with LCA posting requirements, and prepare strong PERM and I-140 filings—even in challenging financial conditions.
A key highlight includes a deep dive into recent DOL and ALJ case law affecting H-1B wage obligations, third-party placement violations, and common issues leading to NOIDs and revocations. Attendees will walk away with a toolkit of best practices: SOPs for LCA posting, internal audit checklists, and compliance folder maintenance.
Why It Matters:
USCIS to Deny Immigration Benefits Based on Antisemitic Social Media Activity and Harassment
In a major policy shift, the Department of Homeland Security (DHS) announced today that U.S. Citizenship and Immigration Services (USCIS) will immediately begin screening immigration applicants' social media activity and personal conduct for signs of antisemitism. This includes reviewing online posts that promote or support antisemitic ideologies, terrorist organizations such as Hamas, Hezbollah, and others, as well as incidents of physical harassment targeting Jewish individuals.
Federal Court Allows Alien Registration Rule to Take Effect on April 11, 2025
The U.S. District Court for the District of Columbia has denied a motion to delay or block the implementation of the Alien Registration Interim Final Rule (IFR), clearing the way for the regulation to take effect on Friday, April 11, 2025. The court ruled that the plaintiffs lacked standing, and as a result, the motion for a stay or preliminary injunction was denied.
- Nonimmigrants (e.g., individuals on H-1B, F-1, L-1, B-1/B-2, and other temporary visas) who remain in the U.S. beyond a specified period;
- Lawful Permanent Residents in certain cases (e.g., re-registration, address updates, or specified national security circumstances);
- Asylum seekers, TPS beneficiaries, and other parolees as defined by DHS;
- Any other noncitizen category specifically named in DHS guidance or future updates.
- Register their physical address with DHS,
- Periodically confirm or update their contact and employment information,
- Comply with biometrics or identity verification as directed.
Failure to register or update information could lead to immigration consequences, including denial of benefits or referrals to enforcement.
Next Steps for Noncitizens and Employers:
All noncitizens in the United States should review their immigration status and consult with legal counsel or accredited representatives to determine if they are subject to the new registration rule.
Employers sponsoring foreign nationals—particularly under H-1B, L-1, or O-1 categories—should be proactive in notifying affected employees and ensuring timely compliance.
For more information, visit the Federal Register or contact an immigration attorney for personalized guidance.
Legal Obligation to Carry Proof of Status
Under Section 264(e) of the Immigration and Nationality Act (INA):
- Nonimmigrant Visa Holders (e.g., F-1, H-1B, B-2): Valid passport with the U.S. visa and I-94 record (can be printed from CBP's website).
- Permanent Residents (Green Card Holders): Green card (Form I-551).
- Pending Adjustment Applicants: I-797 receipt notices or Employment Authorization Document (EAD) if issued.
- DACA, TPS, or Asylum Applicants: EAD or other USCIS-issued document confirming status.
Consequences of Failing to Register or Carrf Proof:
1. Misdemeanor Criminal Offense:
- Not carrying your immigration documents is technically a misdemeanor under federal law.
- Penalties may include:
- Up to 30 days in jail;
- A fine up to $100;
- Possible removal (deportation) proceedings if the person is also out of status.
2. Detention by Immigration Officials:
- If encountered by ICE or CBP and you are unable to provide proof of lawful presence, you may be detained.
- This could lead to questioning, arrest, or initiation of removal proceedings—even if you are in valid status but just failed to carry proof.
3. Delays in Immigration Processes:
- Failure to register (e.g., not updating address via Form AR-11) or carry proof can be used against you in future immigration petitions.
- It can reflect negatively on your credibility, especially in discretionary applications (e.g., Adjustment of Status, Naturalization, etc.).
4. Problems with Local Law Enforcement:
- If stopped by police and you don't have immigration ID, local authorities might notify ICE depending on the jurisdiction.
- In certain states, immigration status checks can be more stringent.
Best Pratices:
- Always carry at least a copy of your immigration documents (passport with visa, green card, or I-797 receipt).
- Keep digital copies on your phone and physical copies in your bag/wallet.
- Update your address with USCIS within 10 days of moving using Form AR-11, as required by law.
Understanding the Unlawful Presence Waiver: INA §212(d)(3) & I-601A Field Guidance for Applicants with Criminal Records
For many intending immigrants, unlawful presence in the United States can trigger harsh bars to reentry. These inadmissibility grounds under INA §212(a)(9)(B) may result in 3- or 10-year bars, often forcing families to separate. However, legal pathways exist to overcome these barriers through waivers like I-601A (Provisional Unlawful Presence Waiver) and INA §212(d)(3) (Nonimmigrant Waiver for Temporary Visas). For applicants with criminal history, navigating these options requires a nuanced understanding of current USCIS field guidance and discretionary practices.
The Basics: I-601A vs. INA §212(d)(3):
- I-601A Waiver: This waiver allows certain immediate relatives of U.S. citizens or lawful permanent residents to apply for a waiver of unlawful presence before departing the U.S. for their consular interview abroad. It applies only to inadmissibility due to unlawful presence under INA §212(a)(9)(B).
- INA §212(d)(3) Waiver: This is a broader, discretionary waiver that allows nonimmigrants (e.g., B-1/B-2, F-1, H-1B) to overcome most grounds of inadmissibility, including criminal and immigration violations, for temporary entry to the U.S.
Field Guidance on I-601A and Criminal Offenses:
Since its inception in 2013, the I-601A program has undergone several updates. The most critical development relates to how USCIS officers evaluate applicants with criminal records. Under 8 CFR 212.7(e), USCIS may deny an I-601A application if there is “reason to believe” the applicant is inadmissible on grounds other than unlawful presence, particularly under INA §212(a)(2) (criminal grounds).
Past Denial Practices:
USCIS had a tendency to automatically deny I-601A applications if any criminal history existed—even in cases where the offense was minor, old, or arguably not a Crime Involving Moral Turpitude (CIMT). This blanket approach led to the rejection of many potentially approvable waivers, regardless of the nature or severity of the criminal charge.
Updated USCIS Field Guidance:
USCIS issued important clarification: if a criminal offense either:
- Falls under the petty offense or youthful offenderexceptions (INA §212(a)(2)(A)(ii)); or
- Is not a CIMT under INA §212(a)(2)(A)(i)(I),
then officers should not deny an I-601A waiver solely on the basis of that offense.
- The seriousness of the offense;
- Evidence of rehabilitation;
- The purpose of the visit;
- Ties to the home country;
- How long ago the offense occurred.
1. Obtain Certified Dispositions: Every criminal offense must be documented with certified court records and police reports. These documents are essential to determine whether an offense qualifies for the petty offense or youthful offender exception.
2. Conduct a CIMT Analysis: Not all crimes trigger inadmissibility. A legal evaluation is necessary to determine whether an offense is a CIMT, and if so, whether it qualifies for an exception.
3. Consider the Petty Offense Exception:
- Maximum penalty of one year or less;
- Actual sentence of 6 months or less;
- Only one offense on record.
4. Build a Discretionary Case: For both I-601A and §212(d)(3), applicants must show positive equities, including family ties, rehabilitation, hardship to U.S. citizen or LPR relatives, and community involvement.
When to Use I-601 vs. I-601A vs. 212(d)(3):
Conclusion
USCIS Opens EAD Application Process for Certain Hong Kong Residents Covered by Deferred Enforced Departure
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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