Newsletter

New Alien Registration Requirements Effective April 11, 2025 – Who Must Register and What You Need to Do | Lawsuits Challenge Trump Administration’s Termination of Foreign Students Status | H-1B Visa Compliance Guide for H-1B-Dependent IT Consulting Employers | Court Issues Injunction on CHNV Parole Termination | DHS to Screen Social Media for Antisemitic Activity in Immigration Cases | Trump Issues Memo to Block Undocumented Immigrants from Receiving Social Security Benefits

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.

Every alien, eighteen years of age and over, shall at all times carry with him and have in his personal possession any certificate of alien registration or alien registration receipt card issued to him pursuant to subsection (d).

Upcoming Webinar to Guide Employers Through H-1B Compliance in 2025 | USCIS to Deny Immigration Benefits Based on Antisemitic Social Media Activity and Harassment | Federal Court Allows Alien Registration Rule to Take Effect on April 11, 2025 | Legal Obligation to Carry Proof of Status | Understanding the Unlawful Presence Waiver: INA §212(d)(3) & I-601A Field Guidance for Applicants with Criminal Records | USCIS Opens EAD Application Process for Certain Hong Kong Residents Covered by Deferred Enforced Departure.

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 H-1B visa landscape has undergone a significant transformation following the ITServe Alliance v. USCIS settlement and the release of the H-1B Modernization Rule. These changes have created both opportunities and responsibilities for employers and foreign workers alike. Below is an overview of the current state of H-1B adjudications and how employers can navigate the new expectations while maintaining full compliance.

FY 2026 H-1B CAP Reached: What Employers and Beneficiaries Need to Know | Understanding the H-1B Landscape Post-ITServe v. USCIS Settlement and the New H-1B Modernization Rule | What to Do If Your F-1 Visa Status Is Terminated and SEVIS Record Is Canceled | USCIS Announces Work Permit Application Process for Hong Kong Residents Covered by Deferred Enforced Departure (DED) | USCIS Aids ICE in Major Operation Arresting 370 Criminal Aliens in Massachusetts | New Jersey Man Indicted for Lying About ISIS Ties on U.S. Citizenship Application

The H-1B visa lottery remains fiercely competitive, with demand consistently exceeding the annual CAP of 85,000 visas (65,000 for the general category and 20,000 for the advanced degree exemption). As a result, many highly qualified foreign nationals find themselves without an H-1B visa. Fortunately, there are several alternatives to consider, ranging from other nonimmigrant visa categories to various green card options. Below, we discuss some of the most viable alternatives.

Alternatives for Foreign Nationals Not Selected in the H-1B Lottery | April 2025 Visa Bulletin Released: Key Updates | USCIS Updates Guidance on EB-2 National Interest Waiver Petitions | New Visa Restriction Policy Targets Officials Facilitating Illegal Immigration | President Signs Executive Order Mandating Proof of Citizenship for Voter Registration | President Orders Crackdown on Immigration Attorneys Allegedly Abusing Legal System

Under the Immigration and Nationality Act (INA), a lawful permanent resident (LPR) who is absent from the U.S. for over 180 days is treated as seeking ‘re-admission' and is subject to grounds of inadmissibility. While the issue of abandonment of green card status typically arises when the individual has been outside the U.S. for more than a year (365 days), even shorter stays abroad are now coming under increased scrutiny.

With the return of the Trump administration, U.S. immigration policies are expected to undergo stricter enforcement, particularly at ports of entry. Recent reports indicate that even visa holders with previously stable statuses, such as H-1B, L-1, O-1, and F-1 (OPT/STEM OPT/CPT), are facing increased scrutiny upon reentry. ESTA travelers, B-1/B-2 visitors with multiple U.S. entries, and those engaged in third-party work arrangements are also experiencing heightened questioning. Given these uncertainties, green card and visa holders should avoid international travel for at least a year until we have better clarity on the administration's enforcement priorities and entry procedures.

The U.S. Citizenship and Immigration Services (USCIS) requires certain non-U.S. citizens (aliens) to register their presence in the United States. This article provides a step-by-step guide to the registration process, including who needs to register, how to complete Form G-325R, and the consequences of failing to comply with this requirement.

USCIS H-1B Lottery Registration and Alien Registration Deadline Approaching | Understanding the USCIS Registration Process: How to Register and Who Needs to Register | Why Green Card and Visa Holders Should Avoid International Travel Under the New Trump Administration’s Scrutiny by Keshab Raj Seadie, Esq. | Legal Framework and Increased Enforcement

April 2025 Visa Bulletin – EB-5 Retrogression for China and India, Modest Progress in Other EB Categories | Increased Scrutiny on H-1B Employers Under Trump Administration: Preparing for FDNS Site Visits, I-9 Audits, and DOL Investigations | Grounds for Deportation of Green Card Holders: Criminal Convictions and Other Factors by Keshab Raj Seadie, Esq. | All TPS Set to Be on The Chopping Block – Nepal Could Be Next as Haiti’s Designation Is Shortened.

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.

Do’s and Don’ts in H-1B Visa Registration | DOL Releases Latest PERM and Prevailing Wage Processing Times | How to Manage FDNS Investigations and Prove Specialty Occupation at In-House and Client Sites | Summary of DHS’s Alien Registration Requirement | Summary of Workplace Rights for Undocumented Immigrants | Electronic Device Searches at U.S. Ports of Entry: What You Need to Know | USCIS Policy Memo on Issuance of NTAs

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.

DOS Updates Dropbox Protocol or Nonimmigrant Visa Interview Waiver Eligibility | H-1B Visa: A Pathway for Skilled Foreign Workers in the U.S. | Trump Administration Targets CPT, OPT, and STEM OPT: Uncertain Future for International Students and U.S. Employers | DHS Launches Multimillion-Dollar Ad Campaign to Encourage Self-Deportation and Deter Undocumented Migration | Trump Signs Executive Order to Block Federal Benefits for Undocumented Immigrants | DHS Places Administrative Hold on Biden-Era Parole Programs for Migrants | The Misuse of L-1A Visas by IT Companies: Exploiting Loopholes in U.S. Immigration Law - By Keshab Raj Seadie, Esq.

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.

H-1B Visa Lottery: Key Considerations for Employers and Applicants | Preparing for FDNS Site Visits and DOL Audits: A Compliance Guide for Employers | Venezuela Loses TPS – Could Nepal Be Next? Take Action Now!