Newsletter

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.

USCIS Issues Final Rules Increasing EAD Auto-Extensions and Expanding CAP-Gap Work Authorization | USCIS Updates Guidance on Supporting Evidence for International Entrepreneur Parole | USCIS Issues Updated Guidance on O-1 Visas for Individuals of Extraordinary Ability, Emphasizes STEM Fields and Emerging Technologies | DHS Modernizes H-2 Visa Programs with Final Rule to Address Seasonal Labor Needs and Strengthen Worker Protections.

The U.S. Citizenship and Immigration Services (USCIS), in January of 2025, has announced comprehensive updates to its Policy Manual regarding evidentiary requirements for O-1 nonimmigrant petitions. These updates clarify the evaluation process for individuals with extraordinary ability in various fields, including sciences, arts, education, business, and athletics, with a particular focus on individuals working in critical and emerging technologies, such as artificial intelligence (AI).

Major Immigration Policy Changes Expected in 2025 | Detailed Plan of Action: Preparing for an FDNS Site Visit and DOL H-1B Audit Triggered by Tips | USCIS to Release Revised Form I-129 on January 17, 2025

When the Fraud Detection and National Security (FDNS) Directorate or the Department of Labor (DOL) initiates an H-1B audit or site visit due to a tip from a disgruntled employee or the consulate during visa stamping, it is critical to have a proactive plan in place to ensure compliance and mitigate risks. Here's a step-by-step guide to preparing for and managing such investigations:

H-1B Modernization Reforms Face Uncertainty as Trump Administration Prepares for Office | Advisory for Nonimmigrant Visa Holders: Return to the U.S. Before January 20th | USCIS to Roll Out Revised Form I-129 for Nonimmigrant Worker Petitions on January 17, 2025 | USCIS Updates Policy on Immigration Flexibilities During Emergencies and Unforeseen Circumstances |

H-1B Modernization Rule Set for January 17, 2025: A Win for Employers and Employees, but Uncertain Future Looms | PERM Process and Equal Pay Transparency Laws | Immigration Agencies Announce Regulatory Agenda Amid Transition to New Administration

Equal Pay Transparency (EPT) laws have been passed in several states and localities, potentially impacting the PERM process for employers conducting labor market testing efforts within those states

Travel Preparation Tips for Nonimmigrant Visa Holders | December 2024 Update: DOL Releases Latest PERM and PWD Processing Times | USCIS Releases Revised Form I-485 with Updated Instructions and Requirements | DHS Permanently Increases EAD Automatic Extension to 540 Days for Eligible Applicants | Bundled Processing of H-4 and L-2 Applications with Principal’s I-129 to End January 18, 2025 | DOS Removes China, India, and Others from J-1 Exchange Visitor Skills List with Retroactive Effect | USCIS Updates Guidance for International Entrepreneur Rule Applicants

F-1 visa holders who were not selected in the H-1B lottery have several options to consider.

USCIS Meets H-1B CAP for FY 2025, No Third Lottery to Be Held | USCIS Now Requires Medical Form Submission with I-485 for Certain Applicants | Protecting Yourself from the Potential Termination of TPS for Nepal: Steps to Take Now.

The Importance of Timely Visa Stamping in Light of Potential Policy Changes | DHS Offers Temporary Protections and Expanded Work Options for Lebanese Nationals | DHS and DOL Announce 65,000 Additional H-2B Visas for Fiscal Year 2025.

The reality of another Trump administration raises critical questions about the future of high-skilled immigration, particularly H-1B and L-1 visas. From 2016 to 2020, Trump's restrictive immigration policies reshaped the landscape for foreign professionals, employers, and international students. The denial rates for H-1B and L-1 visas surged to unprecedented levels, with Request for Evidence (RFE) rates reaching 60% and denial rates exceeding 25%, compared to the sub-8% denial rates under the Obama and Biden administrations.

Act Now to Avoid Upcoming Visa Restrictions: File H-1B and L-1 Extensions Without Delay * USCIS Updates Guidance on Determining Custody for Children Acquiring U.S. Citizenship * DHS Announces 65,000 Additional H-2B Visas for FY 2025 * DHS Updates H-2A and H-2B Visa Program Eligibility List *