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U.S. Customs and Border Protection (CBP) possesses the authority to search electronic devices—including phones, laptops, and tablets—of anyone entering the United States, encompassing both citizens and non-citizens. These inspections can occur at land crossings, airports, seaports, and even at CBP preclearance locations abroad, such as Dublin or Toronto. Notably, these searches can be conducted without a warrant or suspicion.
People living in the U.S., including undocumented immigrants, have certain constitutional rights.
As the H-1B lottery registration opens today, it is crucial for employers and applicants to follow proper procedures to avoid disqualifications, Requests for Evidence (RFEs), or fraud allegations. Here's a guide on what to do and what not to do when registering for the FY 2026 H-1B CAP lottery.
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Trump Announces “Gold Card” Visa to Replace EB-5 Program | FY 2026 H-1B CAP Initial Registration Period Opens March 7, 2025 | Trump Administration Introduces Alien Registration Requirement Under New Executive Order | Important Reminder: Registration does not grant legal status or employment authorization. It solely fulfills the requirement under INA Section 262.
The L-1A visa, originally designed to facilitate the transfer of multinational managers and executives to the United States, has increasingly become a tool for IT companies to circumvent the stringent requirements of the H-1B program. With the H-1B visa subject to an annual lottery system and the L-1B specialized knowledge category difficult to prove, some IT firms have allegedly misrepresented job titles and responsibilities to qualify employees for L-1A visas. This practice has sparked legal battles, False Claims Act lawsuits, and whistleblower allegations exposing widespread visa fraud.
The H-1B visa is one of the most sought-after work visas for foreign professionals seeking employment in the United States. It allows U.S. employers to hire highly skilled foreign workers for specialty occupations, typically in fields such as technology, engineering, healthcare, finance, and academia. This temporary visa plays a crucial role in bridging the talent gap for American companies while providing career opportunities for international talent.
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The H-1B visa lottery is an essential step for U.S. employers seeking to sponsor foreign professionals for specialty occupations. As we approach the fiscal year 2026 (FY26) H-1B CAP registration period, it is crucial for employers and beneficiaries to understand the rules and potential pitfalls associated with the process.
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Securing a successful H-1B CAP approval under the H-1B Modernization Final Rule (effective January 17, 2025) requires a well-documented petition that clearly demonstrates the specialty occupation nature of the job and the beneficiary's qualifications. Below are key steps to establish the specialty occupation, strengthen the H-1B petition, and minimize the risk of a Request for Evidence (RFE).
The Labor Condition Application (LCA) posting requirement is a critical compliance measure for H-1B employers, particularly when H-1B workers are placed at third-party client sites. The U.S. Department of Labor (DOL) mandates that the LCA be posted at the actual work location, whether it is controlled by the employer or a third party. However, with the evolution of work environments and technology, electronic postings have become an accepted means of fulfilling this requirement.
USCIS Announces Initial Registration Period for FY 2026 H-1B CAP Starting March 7, 2025 | How to Prove the Availability of a Specialty Occupation for H-1B Visa Approval Under the January 17th Memo and Reduce the Risk of an RFE | DHS Ends 2023 Temporary Protected Status (TPS) Designation for Venezuela | How to Post the LCA at the Third-Party Client Site for H-1B Compliance - By Keshab Raj Seadie, Esq.
As President Donald Trump prepares returned to the White House in January 2025, the outlook for business immigration appeared increasingly bleak. Trump's recent appointments to key positions signal a return to hardline immigration policies that could have significant implications for H-1B, L-1, and other employment-based visa programs.
Why Nonimmigrant Visa Holders Should Avoid Traveling Out of the U.S. in the Next Six Months | ICE Audits: Strategies for I-9 Compliance and Risk Mitigation | F-1 to H-1B: Key Considerations to Prove Maintenance of Status
Transitioning from an F-1 student visa to an H-1B work visa is a significant milestone for many international students in the U.S. However, one of the most critical aspects of a successful H-1B change of status (COS) application is proving that you have maintained valid F-1 status throughout your stay. USCIS closely scrutinizes maintenance of status, particularly for those who have engaged in Curricular Practical Training (CPT), Optional Practical Training (OPT), or STEM OPT extension. Failure to adequately document compliance with F-1 regulations can result in a denial of the H-1B petition or, worse, being deemed unlawfully present.
Ensuring compliance with Form I-9 requirements is crucial for U.S. employers to verify the identity and employment authorization of their employees. The U.S. Immigration and Customs Enforcement (ICE) conducts audits to enforce these requirements, and understanding the process is essential for businesses to mitigate risks.
The new administration has introduced multiple executive orders emphasizing national security and immigration enforcement. While there is no official travel ban in place now, these executive orders signal an increased focus on visa scrutiny and the potential for future travel restrictions. Nonimmigrant visa holders-such as H-1B, L-1, F-1, and others-should be particularly cautious when making international travel plans in the coming months.
Trump Reshapes Immigration Policies with Sweeping Executive Orders | Managing FDNS Site Visits at IT Consulting Companies Employing H-1B Workers | USCIS Waives COVID-19 Vaccination Requirement for Green Card Applicants | USCIS Updates Guidelines for EB-2 NIW Petitions
The Fraud Detection and National Security (FDNS) Directorate conducts site visits to ensure compliance with H-1B visa program requirements. IT consulting companies placing H-1B employees at third-party client sites or employing them in-house must be prepared to demonstrate adherence to visa rules and proper documentation.
Trump Launches Bold Immigration Agenda on Day One: Executive Orders Target Asylum, Border Security, and Citizenship Rights I Managing FDNS Site Visits at IT Consulting Companies Employing H-1B Workers
Background on the National Interest Waiver (NIW): A Self-Petition Option | February 2025 Visa Bulletin Summary | Romania to Join U.S. Visa Waiver Program Starting March 2025
The National Interest Waiver (NIW) is a unique provision within the EB-2 employment-based immigrant visa category that allows individuals to self-petition for a green card without the need for an employer sponsor or a labor certification. The NIW is designed for individuals whose work benefits the national interest of the United States.
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