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:
DHS H-1B CAP Reform Proposal Advances Through Federal Review Process
Trump Administration Revives Wage-Based Selection System for High-Skilled Worker Visas:
The Department of Homeland Security’s proposed overhaul of the H-1B visa selection process has successfully cleared federal review, moving the controversial reform one step closer to implementation. The proposal, which has been under review by the Office of Management and Budget for three weeks, could fundamentally change how the United States allocates coveted H-1B visas to foreign skilled workers.
While specific details remain confidential pending publication in the Federal Register, immigration experts anticipate the rule will introduce a weighted selection system that prioritizes applicants based on factors such as wage levels and educational qualifications. This approach would mark a significant departure from the current lottery-based system that randomly selects applications regardless of salary or credentials.
History of Reform Attempts:
The proposed changes echo a similar initiative from the final weeks of the first Trump Administration in early 2021. That regulation sought to replace the computerized lottery with a wage-tier priority system, giving preference to positions offering salaries at the Department of Labor’s highest prevailing wage levels. Under that framework, Level IV wage positions would have received first priority, followed by Level III, II, and I positions in descending order. However, the 2021 rule never took effect. The Biden Administration postponed its implementation immediately after taking office, and a federal court subsequently vacated the regulation entirely. The rule’s supporters argued it would ensure H-1B visas went to the most highly skilled and compensated workers, while critics contended it would disproportionately benefit larger corporations and certain geographic regions. Implications for Employers and Workers: If implemented, the new system could significantly impact how employers approach H-1B petitions. Companies may need to offer higher wages to improve their chances in the selection process, potentially driving up compensation for foreign workers but also increasing costs for employers. The change could particularly affect consulting firms and outsourcing companies that have historically filed large numbers of applications at lower wage levels. The current H-1B lottery system has faced criticism for its random nature, with annual selection rates hovering around 25-30% due to overwhelming demand that typically sees over 400,000 applications competing for 85,000 available visas. Next Steps: With OMB review complete, the proposal now awaits publication in the Federal Register, which will trigger a public comment period. Stakeholders across the immigration and business communities are expected to submit extensive feedback on the proposed changes. The timing remains unclear for final implementation, as the rulemaking process typically requires several months to complete following public comment review and final rule publication.September 2025 Visa Bulletin: No Movement in Employment-Based Cutoff Dates; USCIS to Apply Final Action Chart
The U.S. Department of State has released the September 2025 Visa Bulletin, confirming no changes to the Employment-Based (EB) immigrant visa cutoff dates from the prior month. The State Department also cautions that several EB categories are approaching their annual numerical limits, increasing the likelihood of retrogressions in the new fiscal year.
USCIS has announced it will honor the Final Action Dates chart for all EB categories in September when determining eligibility for filing adjustment of status applications.
Final Action Cutoff Dates for September 2025:
- EB-1: China – November 15, 2022; India – February 15, 2022; All other countries – Current.
- EB-2: China – December 15, 2020; India – January 1, 2013; All other countries – September 1, 2023.
- EB-3 Professionals and Skilled Workers: China – December 1, 2020; India – May 22, 2013; Philippines – February 8, 2023; All other countries – April 1, 2023.
- EB-5 Unreserved: China – December 8, 2015; India – November 15, 2019; All other countries – Current.
- EB-5 Set-Asides (Rural, High Unemployment, Infrastructure): All countries – Current.
USCIS Rescinds Use of Chart B for CSPA Age Calculation
U.S. Citizenship and Immigration Services (USCIS) announced updated guidance in the USCIS Policy Manual that rescinds the policy allowing certain Child Status Protection Act (CSPA) age calculations to be based on the more favorable “dates-for-filing” chart (Chart B) of the Department of State’s monthly visa bulletin.
Effective August 15, 2025, USCIS will only use the “final action dates” chart (Chart A) to determine a child’s age under the CSPA. This change impacts certain family- and employment-based immigrant visa applicants whose eligibility to remain classified as a “child” depended on using Chart B, which often provided an earlier cutoff date for calculating CSPA age. Under the CSPA, certain children who turn 21 during the immigration process may still be classified as minors for immigration purposes if their CSPA age is under 21. Previously, USCIS policy in some cases allowed the use of Chart B to “lock in” the child’s age earlier, reducing the risk of aging out. With the new policy, USCIS will align CSPA age determinations strictly with visa availability under Chart A, potentially narrowing eligibility for age-out protections. The updated guidance will apply to all CSPA determinations made on or after August 15, 2025. Pending applications that have not yet been adjudicated will also be subject to the revised standard.Complete Guide to L-1A and L-1B Visas and Site Visit Management
Understanding L-1 Visas: The Foundation
The L-1 visa category allows multinational companies to transfer key employees from foreign offices to their U.S. operations. This non-immigrant visa serves as a bridge for companies expanding their global presence while leveraging their existing talent pool. The L-1 classification includes two distinct subcategories, each designed for different types of transferees with specific qualifications and purposes.
L-1A Visa: For Managers and Executives
Eligibility Requirements for L-1A (Corporate Relationship Requirements)
The petitioning U.S. company must have a qualifying relationship with the foreign entity where the beneficiary is currently employed. This relationship can be a parent company, subsidiary, branch office, or affiliate. The companies must maintain this qualifying relationship throughout the duration of the L-1A status. Employee Qualifications: The beneficiary must have been employed by the foreign company in a managerial or executive capacity for at least one continuous year within the three years immediately preceding the filing of the petition. This employment must have been in a position that meets the USCIS definition of “manager” or “executive.” Managerial Capacity Definition: A manager primarily manages the organization, department, subdivision, function, or component. They supervise and control the work of other supervisory, professional, or managerial employees, or manage an essential function within the organization. Managers have the authority to hire and fire personnel or recommend such actions, and they exercise discretion over day-to-day operations. Executive Capacity Definition: An executive primarily directs the management of the organization or a major component or function. They establish goals and policies, exercise wide latitude in discretionary decision-making, and receive only general supervision from higher-level executives, the board of directors, or stockholders. Application Process for L-1A:Step 1: Employer Files Form I-129
The U.S. employer must file Form I-129 (Petition for Nonimmigrant Worker) with USCIS. This petition should include detailed documentation of the corporate relationship, the beneficiary’s qualifications, and the proposed position in the United States. Required Documentation.- Evidence of the qualifying corporate relationship
- Detailed job descriptions for both foreign and U.S. positions
- Organizational charts showing reporting structure
- Evidence of the beneficiary’s employment history
- Business licenses and incorporation documents
Step 2: USCIS Processing
- Once filed, USCIS reviews the petition. Processing times vary, but premium processing is available for an additional fee, guaranteeing a decision within 15 calendar days.
Step 3: Consular Processing or Change of Status
- If the beneficiary is outside the U.S., they must apply for an L-1A visa at a U.S. consulate. If already in the U.S. in valid status, they may be eligible to change status without leaving the country.
Evidence of Specialized Knowledge
Demonstrating specialized knowledge can be challenging. Successful petitions typically show that the knowledge is:
- Not readily available in the U.S. labor market
- Critical to the U.S. operation’s success
- Acquired through significant experience with the company
- Related to proprietary processes, techniques, or systems
Application Process for L-1B
The application process for L-1B visas follows the same general steps as L-1A, with Form I-129 filing, USCIS processing, and either consular processing or change of status. However, L-1B petitions require additional emphasis on documenting the specialized knowledge aspect.
Critical Documentation for L-1B
- Detailed description of the specialized knowledge
- Evidence of how this knowledge was acquired
- Documentation of proprietary systems, processes, or techniques
- Explanation of why this knowledge is not readily available in the U.S.
- Training records and certifications
- Patents or proprietary technology documentation
Duration and Extensions
Initial Duration
- L-1A and L-1B visas are initially granted for up to three years for existing offices, or one year for new offices that have been operating for less than one year.
Extensions
- L-1A holders can extend their status in two-year increments up to a maximum of seven years. L-1B holders can extend in two-year increments up to a maximum of five years.
New Office Considerations
Companies establishing new U.S. offices face additional scrutiny. They must demonstrate the ability to support the executive or managerial position and show realistic business plans for growth.
Managing Site Visits: A Critical Success Factor
Site visits from USCIS officers, though not routine for all L-1 petitions, can occur and require careful preparation and management. These visits serve to verify the information provided in the petition and ensure compliance with L-1 requirements.
Preparing for Potential Site Visits (Documentation Readiness)
Maintain organized files containing all petition-related documents, including organizational charts, job descriptions, financial records, and evidence of the corporate relationship. These should be easily accessible and up-to-date.
Physical Office Preparation
Ensure the office space reflects the business operations described in the petition. The workspace should demonstrate legitimate business activity with appropriate equipment, furnishings, and materials related to the company’s operations.
Staff Training
Train key personnel who might interact with visiting officers. They should understand their roles, the company’s business operations, and be prepared to answer questions professionally and consistently.
During a Site Visit (Professional Conduct)
Treat USCIS officers with courtesy and professionalism. Provide a brief tour of the facilities if requested, highlighting areas relevant to the L-1 beneficiary’s role and the company’s operations.
Document Presentation
Be prepared to provide requested documents promptly and in an organized manner. Common requests include corporate documents, financial records, employee records, and evidence of business operations.
Answering Questions
Respond to questions truthfully and directly. If you don’t know an answer, it’s better to say so rather than guess. Offer to provide additional information later if needed.
Recording the Visit
Take notes during the visit, including the officer’s name, questions asked, documents reviewed, and any concerns raised. This information can be valuable for future reference or if follow-up action is needed.
Post-Visit Actions (Follow-up Documentation)
If the visiting officer requested additional information or clarification, provide it promptly and thoroughly. Address any concerns that were raised during the visit. Legal Consultation Consider consulting with an immigration attorney, especially if the visit revealed potential issues or if you’re unsure about how to address the officer’s concerns. Common Challenges and Solutions- Challenge: Demonstrating Qualifying Corporate Relationship
Solution Strategy
Maintain detailed corporate records, including stock certificates, operating agreements, and financial statements that clearly show the ownership structure and relationship between entities.
Challenge: Proving Specialized Knowledge for L-1B (Solution Strategy)
Document training programs, proprietary systems, and unique processes. Create detailed position descriptions that emphasize the specialized nature of the knowledge required and how it differs from general industry knowledge. Challenge: New Office Petitions (Solution Strategy) Develop comprehensive business plans with realistic financial projections. Secure adequate funding and office space before filing. Demonstrate market research and competitive analysis supporting the business venture. Best Practices for L-1 Success Maintain Compliance Ensure L-1 beneficiaries work only for the petitioning employer and in the capacity described in the approved petition. Any material changes to job duties or corporate structure may require amended petitions. Document Everything Keep detailed records of the beneficiary’s work, including projects, achievements, and continued use of specialized knowledge or managerial responsibilities.Plan Ahead
Begin preparing extension petitions well in advance of expiration dates. Monitor the beneficiary’s time in L-1 status to ensure compliance with maximum duration limits.
Regular Legal Review
Conduct periodic reviews with immigration counsel to ensure ongoing compliance and to address any changes in business operations or immigration law that might affect L-1 status.
Conclusion
Successfully obtaining and maintaining L-1A and L-1B visas requires careful attention to eligibility requirements, thorough documentation, and ongoing compliance monitoring. The key to success lies in understanding the specific requirements for each category and preparing comprehensive petitions that clearly demonstrate eligibility.
Managing potential site visits requires preparation, professionalism, and transparency. Companies should view these visits as opportunities to demonstrate their legitimate business operations and the validity of their L-1 petitions.
By following these guidelines and maintaining open communication with qualified immigration counsel, companies can effectively utilize the L-1 visa category to transfer valuable employees and support their U.S. business operations. The L-1 visa remains an important tool for multinational companies seeking to leverage their global talent pool while expanding their presence in the United States.
Colombian National Pleads Guilty to Orchestrating Fraudulent Asylum Scheme
U.S. Citizenship and Immigration Services (USCIS) announced that its investigative assistance played a key role in the federal conviction of Carlos Adolfo Haeckermann Cardenas, 62, a Colombian national residing in Doral, Florida, who pleaded guilty to orchestrating a large-scale scheme to submit dozens of false asylum applications. Haeckermann was indicted by a federal grand jury on November 13, 2024, and pleaded guilty to all four counts of aiding and abetting false statements on immigration documents, in violation of 18 U.S.C. §§ 1546(a) and 2. Under his plea agreement, Haeckermann admitted that for years he operated a business — first in Colombia, then in the U.S. — charging Colombian nationals to navigate the U.S. visa and asylum process. Court filings reveal that he routinely coached visa applicants to inflate professional credentials and business ties to Colombia in order to convince U.S. officials they would return after temporary visits. For asylum cases, he frequently fabricated or embellished persecution claims, even recycling the same false political persecution narrative among multiple applicants with minor alterations. The four counts in the indictment focused on asylum applications submitted between November 2019 and May 2020, each containing the fabricated story crafted by Haeckermann. He admitted to working on dozens of other fraudulent applications beyond the charged cases. U.S. Attorney Craig H. Missakian and U.S. Department of State Diplomatic Security Service Criminal Fraud Investigations Branch Chief Jeff Rusinek jointly announced the plea. Haeckermann remains free on bond pending sentencing, scheduled for November 5, 2025, before U.S. District Judge Vince Chhabria. He faces a maximum penalty of 10 years in prison and a $250,000 fine for each count. The final sentence will be determined under the U.S. Sentencing Guidelines and 18 U.S.C. § 3553.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.
