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​:

H-1B Visa Lottery: Key Considerations for Employers and Applicants

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. Below is a summary of key points regarding the registration system, eligibility requirements, and common issues faced during the H-1B lottery.

Electronic Registration Process:

The H-1B registration for FY26 will open on March 7, 2025, and close on March 24, 2025. During this period, employers must electronically register each prospective beneficiary and pay a $215 registration fee per applicant. If more registrations are submitted than available slots, USCIS will conduct a lottery to randomly select registrations. Selected employers will then have a 90-day filing window to submit an H-1B petition on behalf of the beneficiary.

Key Considerations and Common Issues:

1. Single-Name Beneficiaries: If a beneficiary has only one name, it should be entered as the last name in the system. The first and middle name fields should be marked as “Beneficiary does not have a first name” or “Beneficiary does not have a middle name.”
2. Duplicate Registrations and Appeals: Employers cannot submit multiple registrations for the same beneficiary. If a duplicate is detected, the registration will be invalidated, and there is no appeal process. However, different companies can submit separate registrations for the same individual, provided there are genuine, independent job offers.
3. Master's CAP Eligibility: If an employer registers a beneficiary under the advanced degree exemption (Master's CAP), the beneficiary must have obtained their qualifying degree before filing the Form I-129 petition. If they fail to do so, the petition will be denied or rejected.
4. Employer Address Changes: If an employer moves to a new location after registration but before filing the H-1B petition, USCIS will not reject the petition solely due to the address discrepancy. However, employers should submit an explanation and supporting documentation to confirm the continuity of the business.
5. Start Date Requirement: For registrations submitted during the initial March registration period, the petition must indicate a start date of October 1, 2025. If a different start date is entered, USCIS may reject or deny the petition.
6. Typographical Errors in Registration: USCIS does not automatically reject petitions due to minor typos in the registration. However, it is the employer's responsibility to ensure that all details match between the registration and the petition..
7. Multiple Employers and Related Entities: While different companies may register the same beneficiary, related entities must demonstrate that they have separate job opportunities. USCIS may invalidate registrations submitted by affiliated entities attempting to circumvent the single-entry rule.
8. Legal Representation and G-28 Process: If an employer's attorney submits the registration, the employer must still approve the submission via their USCIS account. If the attorney-client relationship ends, the employer retains access to the registration but cannot add a new attorney to that specific registration.
9. Payment Issues: If an H-1B registration payment fails or is disputed, the registration will be canceled. Employers can attempt to resubmit the payment before the registration window closes. However, once the registration period ends, no new submissions will be accepted.
10. CAP-Gap Extension for F-1 Students: F-1 students whose Optional Practical Training (OPT) or STEM OPT expires before October 1 may qualify for cap-gap work authorization, provided the H-1B petition is filed before their OPT expires and approved by October 1.

New Integrity Measures for FY26:

Starting with the FY25 lottery, USCIS implemented a beneficiary-centric selection process, meaning that each individual is considered only once in the lottery, even if multiple employers submit registrations on their behalf. This change aims to prevent fraud and ensure a fair selection process.

Additionally, valid passport or travel document information is now required for each beneficiary. The passport used in the registration must be the same as the one the beneficiary will use to enter the U.S. if issued an H-1B visa.

Next Steps for Employers:

• Prepare registration details in advance, ensuring accuracy in beneficiary and employer information.
• Confirm that beneficiaries meet degree requirements before filing petitions under the Master's CAP.
• Monitor communications from USCIS to avoid missing deadlines or critical updates.
• Maintain documentation in case an H-1B petition is not filed after selection to justify non-filing if questioned.

Conclusion:

The H-1B visa lottery is highly competitive, and USCIS has introduced new measures to prevent fraud and ensure fairness in the selection process. Employers and foreign workers should carefully follow registration guidelines, avoid duplicate submissions, and prepare supporting documents in case of selection. By understanding these rules and common pitfalls, applicants can improve their chances of successfully obtaining an H-1B visa.

Preparing for FDNS Site Visits and DOL Audits: A Compliance Guide for Employers

With increased scrutiny on immigration and employment programs, it is crucial for employers to proactively prepare for Fraud Detection and National Security (FDNS) site visits and Department of Labor (DOL) audits. Our law firm can assist in conducting an internal compliance audit to ensure your company meets all regulatory requirements and is well-prepared for government inspections.

FDNS Site Visits: What to Expect and How to Prepare:

The FDNS unit of USCIS conducts unannounced site visits to verify the legitimacy of H-1B petitions and compliance with employer attestations. These visits are designed to detect fraud, confirm employment conditions, and ensure compliance with immigration regulations.

Key Areas of Focus During FDNS Site Visits:

1. Verification of Employment & Job Duties: 

• The investigator will interview the H-1B employee to confirm their job title, job duties, salary, and work location.
• The employer's HR or management representative may also be interviewed.
• Discrepancies between the approved H-1B petition and actual work conditions may lead to compliance issues or revocation of the petition.

2. Worksite Inspection:

• The officer will verify if the beneficiary is physically present at the work location mentioned in the H-1B petition.
• If the employee is working at a third-party client site, the officer may also visit that location.

3. Employer's Knowledge of the Petition:

• FDNS officers may question HR personnel or the hiring manager regarding the job description, salary, and terms of employment specified in the H-1B petition.
• Inconsistencies may trigger further investigations or referrals to the DOL for potential wage violations.

4. Review of Employer Documentation:

• Employers should be prepared to provide
• H-1B approval notice (I-797)
• Certified Labor Condition Application (LCA)
• Public Access File (PAF)
• Payroll records & W-2 forms
• Employee work schedules
• Client contracts (if applicable)

5. Remote Work & Worksite Changes

• If an H-1B worker has changed locations due to remote work or relocation, an amended H-1B petition may be required.
• Employers should ensure that LCA postings reflect accurate worksite locations.

Best Practices to Prepare for FDNS Site Visits:

• Conduct regular internal audits to ensure all H-1B compliance documentation is up to date.
• Train HR personnel and employees on what to expect during a site visit.
• Maintain updated records of work locations, job duties, and salary payments.
• Designate a company representative to handle FDNS site visits and provide necessary documentation.
• Report any discrepancies proactively to your legal counsel to mitigate potential compliance risks.

DOL Audits: What Employers Need to Know:

A DOL audit can be triggered randomly or due to employee complaints or violations found during FDNS site visits. The primary focus is on LCA compliance, wage payments, and working conditions.

Key Areas of Focus During DOL Audits:

1. Public Access File (PAF) Compliance:

Employers must maintain a Public Access File (PAF) for each H-1B worker, which should include:

• Certified LCA (Form ETA-9035)
• Wage rate documentation & actual wage memorandum
• Prevailing wage determination
• Evidence of LCA posting at the worksite
• Summary of employer benefits provided to U.S. workers & H-1B employees

2. Wage & Payroll Compliance:

• Employers must pay the salary listed on the LCA from the start of employment.
• Payroll records, W-2 forms, and pay stubs must reflect consistent payments.
• If an H-1B worker is benched without pay, it may lead to back pay liability and penalties.

3. LCA Posting & Worksite Notice:

• The employer must post LCA notices at all work locations where the H-1B employee works.
• Notices should be posted for at least 10 business days at the physical or electronic worksite.
• Failure to post LCAs may result in fines and debarment from the H-1B program.

4. H-1B Amendments for Material Changes:

• Any significant change in job duties, salary, or work location requires an amended H-1B petition.
• Employers must file an amendment before the change occurs to remain in compliance.

5. Layoffs, Terminations, & Compliance with 60-Day Grace Period:

• If an H-1B worker is terminated, the employer must notify USCIS and offer to cover return transportation costs.
• Failure to do so may result in wage violations and penalties.
• Employees on H-1B have a 60-day grace period to change employers or adjust status after termination.

6. H-1B Dependent Employer Obligations:

• If an employer is H-1B dependent (i.e., a significant percentage of workforce is on H-1B visas), additional attestations may be required.
• Employers must demonstrate good-faith efforts to recruit U.S. workers before hiring H-1B employees.

Best Practices to Prepare for DOL Audits:

• Conduct periodic internal audits to ensure all LCA and wage-related records are properly maintained.
• Ensure LCA postings are properly documented and retained for at least one year after employment ends.
• Keep accurate payroll records and verify that H-1B workers are receiving the required wages.
• File H-1B amendments promptly for any material job changes.
• Work with legal counsel to address potential compliance risks before a government audit occurs.

Why Engage Our Law Firm for an Internal Compliance Audit?

Given the increasing government scrutiny of H-1B, LCA, and I-9 compliance, engaging legal counsel to conduct an internal audit can help employers:

• Identify and correct potential compliance issues before a government audit.
• Prepare for FDNS site visits and DOL audits with updated documentation.
• Ensure LCA and wage compliance to avoid penalties and disbarment from the H-1B program.
• Receive legal guidance on H-1B amendments, terminations, and wage obligations.

Venezuela Loses TPS – Could Nepal Be Next? Take Action Now!

The Department of Homeland Security (DHS) announced the termination of the 2023 Temporary Protected Status (TPS) designation for Venezuela. This decision means that Venezuelan TPS holders will lose their protection 60 days after the official Federal Register notice is published.

This alarming development serves as a warning sign for nationals of other TPS-designated countries, including Nepal, which may soon face the same fate. If you rely on TPS, it is critical to act now to secure your legal status in the U.S. before it's too late.

What Does the TPS Termination for Venezuela Mean?

• End of TPS Benefits – TPS will no longer be in effect after the 60-day notice period.
• Loss of Work Authorization – EADs issued under the 2023 TPS designation will expire unless another status is obtained.
• No Automatic Extensions – Those affected must find alternative legal pathways to stay in the U.S. legally.
• Limited Options to Remain – Venezuelans must consider asylum, employment-based visas, family-based petitions, or other immigration relief before their TPS expires.

Could Nepal Lose TPS Next? Here's What You Need to Do Now

If you are a Nepali TPS holder, you must take proactive steps immediately in case the U.S. government decides to terminate TPS for Nepal. Our law firm can help you assess your options and secure a more permanent immigration status.

Immediate Steps for Nepali TPS Holders:

1. Explore Alternative Immigration Options:

• Employment-Based Visas (H-1B, L-1, O-1, EB-2, EB-3) – If you have a job offer, now is the time to explore an employer-sponsored visa.
• Family-Based Petitions – If you have a U.S. citizen or lawful permanent resident (LPR) family member, consider family-based immigration options.
• Asylum & Humanitarian Relief – If returning to Nepal is unsafe, explore whether asylum or other humanitarian protections apply to you.
• Adjustment of Status (Green Card) – If eligible, begin the green card process now before TPS termination becomes a reality.

2. Monitor DHS Announcements Closely:

• Stay updated on any DHS or Federal Register announcements regarding TPS termination for Nepal.
• If TPS termination is announced, act immediately to avoid gaps in your status.

3. Prepare for Status Transition or Departure:

• If no alternative immigration relief is available, you should prepare for a transition out of TPS status.
• Employers should review work authorization status for Nepali employees and plan accordingly.

Why You Need Legal Assistance Now:

The Biden administration extended Nepal's TPS until June 30, 2025, but with the recent termination of Venezuela's TPS, Nepal may be next in line for review. Don't wait until DHS announces a termination—start your legal strategy today!

• Free case evaluations to assess your best immigration options
• Employer sponsorship assistance for work visa applicants
• Green card eligibility analysis and adjustment of status filings
• Asylum and humanitarian visa guidance
• Filing guidance for family-based petitions

Call Our Office Today – Protect Your Future!

Time is running out. If you or someone you know is on TPS, don't wait until it's too late. Contact our law firm immediately to explore legal pathways before TPS protections are revoked.

Call us today at 212-571-6002 to schedule a consultation and secure your future in the U.S.

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.