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​:

DOS Updates Dropbox Protocol or Nonimmigrant Visa Interview Waiver Eligibility

The U.S. Department of State (DOS) announced revisions to the categories of nonimmigrant visa applicants eligible for interview waivers. This update aims to streamline the visa issuance process for specific applicants, reducing the need for in-person interviews.

Expanded Eligibility Categories:

The updated policy includes the following groups:

• Diplomatic and Official Visas: Applicants under visa categories A-1, A-2, C-3 (excluding attendants, servants, or personal employees of accredited officials), G-1 through G-4, NATO-1 through NATO-6, and TECRO E-1.
• Prior Visa Holders: Individuals reapplying for the same visa category, provided their previous visa expired less than 12 months before the new application.

Criteria for Interview Waiver:

To qualify for an interview waiver, applicants must:

• Location: Submit their application in their country of nationality or residence.
• Visa History: Have no prior visa refusals, unless such refusals were subsequently overcome or waived.
• Eligibility: Present no apparent or potential ineligibility factors.

Despite meeting these criteria, consular officers retain the discretion to require in-person interviews on a case-by-case basis or due to local conditions.

This update supersedes the previous DOS Interview Waiver Update issued on December 21, 2023.

H-1B Visa: A Pathway for Skilled Foreign Workers in the U.S.

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.

Key Features of the H-1B Visa:

1. Specialty Occupation Requirement: The job must require specialized knowledge and at least a bachelor's degree or equivalent work experience. Common fields include STEM, law, education, and healthcare.
2. Employer Sponsorship: An employer must sponsor the foreign worker by filing an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).
3. Visa Duration: The initial H-1B visa is valid for up to three years, extendable to a maximum of six years under normal circumstances.
4. Wage Requirements: Employers must pay H-1B workers at least the prevailing wage for their occupation, as determined by the Department of Labor (DOL).

H-1B CAP and Lottery System:

Each year, the U.S. government caps the number of new H-1B visas at 85,000, comprising:

• 65,000 visas for regular applicants.
• 20,000 visas for applicants with advanced degrees (master's or higher) from U.S. institutions.

Due to high demand, USCIS conducts a lottery to select applicants from registered entries. Employers must register their candidates during the registration window, usually in March. Selected applicants can submit their full H-1B petitions by June 30, with an anticipated start date of October 1.

Self-Sponsorship Option for Entrepreneurs:

While traditionally employer-sponsored, H-1B visas can also be self-sponsored by entrepreneurs who own U.S.-based companies. Key requirements include:

• A legally established U.S. company with a business plan.
• The entrepreneur's role must qualify as a specialty occupation.
• Evidence of an employer-employee relationship, even if the beneficiary is the company owner.

Application Process and Timeline:

1. H-1B Registration: Employers register potential applicants with USCIS in March.
2. Lottery Selection: If the number of registrations exceeds the cap, a lottery is conducted.
3. Petition Filing: Selected applicants' petitions must be filed by June 1.
4. Processing: Standard processing takes 3 to 5 months, while premium processing (optional) ensures a decision within 15 day
5. Approval and Work Authorization: If approved, beneficiaries can start working under H-1B status from October 1.

Pathway to Green Card:

Many H-1B holders use this visa as a stepping stone toward U.S. permanent residency. Employers can initiate the green card process during H-1B status, often through the PERM labor certification process. H-1B holders can extend their stay beyond six years if their green card application is in progress.

Impact on Spouses and Dependents:

H-1B visa holders can bring their spouses and children under H-4 status. In some cases, H-4 spouses may qualify for work authorization if the H-1B holder has an approved I-140 petition for a green card.

Conclusion: 

The H-1B visa remains a vital pathway for skilled professionals seeking employment in the U.S. It benefits both international talent and U.S. employers by filling critical skill gaps. However, applicants must navigate the complex process, including the annual lottery and changing immigration policies. For those seeking long-term opportunities in the U.S., the H-1B visa often serves as the first step toward achieving their American dream.

Trump Administration Targets CPT, OPT, and STEM OPT: Uncertain Future for International Students and U.S. Employers

The Curricular Practical Training (CPT), Optional Practical Training (OPT), and STEM OPT programs, vital pathways for international students to gain practical work experience in the United States, are under renewed scrutiny by the Trump administration. The Department of Homeland Security (DHS) has been directed to review these programs, raising concerns about potential reforms that could disrupt the educational and professional trajectories of hundreds of thousands of students.

Historical Context and Recent Developments:

During President Trump's initial term, immigration policies faced heightened scrutiny, targeting both illegal and certain legal immigration pathways. Work authorization programs like OPT and STEM OPT were criticized by some Republicans as loopholes for bypassing traditional work visa processes, with critics labeling OPT as a “guest worker program killing jobs for new American college grads.”

Now, the administration's renewed focus on these programs aligns with its broader agenda to overhaul immigration, emphasizing a merit-based system while intensifying scrutiny of work authorizations. The America First Policy Institute, influential in shaping these policies, has previously called for the termination of OPT, arguing it “has no basis in statute” and relies on “legal fiction.”

Potential Implications for Students and Employers:

If DHS moves forward with stricter regulations, the repercussions could be profound:

• For Students: International students, particularly from India and China, heavily rely on CPT, OPT, and STEM OPT to gain U.S. work experience. New restrictions could deter prospective students from pursuing U.S. education due to fears of limited post-graduation opportunities.
• For Employers: U.S. companies, especially in STEM fields, depend on the talent pool these programs provide. Limiting or ending these pathways could lead to talent shortages, affecting innovation and competitiveness.

Business schools and universities are already voicing concerns. According to The Financial Times, U.S. business schools are closely monitoring potential immigration policy changes, noting increased uncertainty regarding international student admissions and recruitment strategies.

DHS Launches Multimillion-Dollar Ad Campaign to Encourage Self-Deportation and Deter Undocumented Migration

The Department of Homeland Security (DHS) has announced a new multimillion-dollar advertising campaign aimed at encouraging self-deportation and deterring potential undocumented migrants from attempting to enter the United States. DHS Secretary Kristi Noem unveiled the initiative, highlighting the administration's intensified efforts to address illegal immigration through targeted messaging both domestically and abroad.

According to the DHS, the campaign will leverage a wide range of media platforms, including radio, television, and digital channels. The advertisements will be broadcast in multiple countries and regions, presented in various dialects to ensure accessibility and effectiveness. Social media platforms, text messaging services, and other digital tools will also play a crucial role in disseminating the campaign's message.

“Our goal is to provide clear, factual information about the legal consequences of unlawful entry and the benefits of voluntary departure,” Secretary Noem stated during the announcement. “By reaching individuals before they make the dangerous journey, we hope to prevent exploitation by smugglers and reduce strain on our immigration system.”

Trump Signs Executive Order to Block Federal Benefits for Undocumented Immigrants

In a significant policy move, President Donald Trump signed an executive order Wednesday night aimed at terminating federal benefits for individuals residing illegally in the United States. The order directs federal agencies to identify and halt financial assistance provided to undocumented immigrants, ensuring that federal funding aligns with existing immigration laws.

The executive order also seeks to prevent federal funds from being allocated to so-called “sanctuary” jurisdictions—cities and states that limit cooperation with federal immigration enforcement. As part of the directive, agencies must strengthen eligibility verification systems to prevent unauthorized access to federal programs.

Additionally, the order mandates that any improper receipt of benefits be referred to the Department of Justice and the Department of Homeland Security for further action. Federal agencies are required to submit recommendations for additional steps to align spending with the order within 30 days.

DHS Places Administrative Hold on Biden-Era Parole Programs for Migrants

In a significant development, the Department of Homeland Security (DHS) has placed an “administrative hold” on multiple parole programs introduced by the Biden administration aimed at facilitating asylum claims for migrants. A DHS spokesperson confirmed that the hold affects key initiatives, including Uniting for Ukraine, the Cubans, Haitians, Nicaraguans, and Venezuelans (CHNV) parole process, and the Family Reunification Parole (FRP) program.

The administrative hold specifically targets pending applications for these programs, effectively pausing benefits for eligible individuals under these initiatives. The DHS has not provided a timeline for when or if the hold will be lifted.

The impacted programs were designed to streamline lawful entry pathways for migrants facing humanitarian crises, such as the ongoing conflict in Ukraine and political instability in several Latin American countries. The Uniting for Ukraine program, for instance, allowed Ukrainian nationals fleeing the Russian invasion to seek temporary refuge in the United States through a streamlined process. Similarly, the CHNV parole program provided a pathway for nationals from Cuba, Haiti, Nicaragua, and Venezuela to apply for humanitarian parole while awaiting asylum decisions.

The Family Reunification Parole program, another initiative now on hold, aimed to reunite families separated by immigration barriers by granting temporary parole to family members awaiting visa processing.

While DHS has not provided a detailed explanation for the hold, the move is widely seen as part of broader efforts to reevaluate immigration policies amid ongoing political debates and legal challenges. Advocacy groups have expressed concern that the hold could delay relief for vulnerable migrants, while critics of Biden's immigration approach view it as a potential shift toward stricter enforcement measures.

The DHS spokesperson emphasized that the hold applies only to pending cases and does not affect individuals already approved under these programs. Further updates are expected as the department reviews the status of these initiatives.

The Misuse of L-1A Visas by IT Companies: Exploiting Loopholes in U.S. Immigration Law - By Keshab Raj Seadie, Esq.

Introduction:

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 Rise of L-1A Visa Misuse in the IT Sector:

The L-1A visa allows multinational companies to transfer executives or managers to their U.S. operations without being subject to caps or prevailing wage requirements. Unlike the H-1B, which is limited to 85,000 new approvals per year and requires proof of specialty occupation, the L-1A offers companies a more flexible route to bring in foreign workers.

However, this flexibility has led to abuses, particularly among IT outsourcing firms. A Bloomberg News investigation revealed that Tata Consultancy Services (TCS) secured over 6,500 L-1A approvals between 2019 and 2023, more than the next seven largest L-1A recipients combined. Meanwhile, reports submitted to the Equal Employment Opportunity Commission (EEOC) indicate that TCS employed far fewer managers than the number of L-1A approvals it obtained, suggesting that many of these workers were not genuine managers.

Case Studies of Alleged Visa Fraud: 

1. Vinod Govindharajan V. TCS

Vinod Govindharajan, an Indian national, alleged that TCS falsely classified him as a manager in order to obtain an L-1A visa in 2013. In reality, he worked in a sales role and had no direct reports—a direct contradiction of the managerial requirement for L-1A eligibility. According to his complaint:

• His L-1A visa allowed TCS to bypass the stricter H-1B rules.
• He was paid half the salary of his American colleagues performing the same job.
• The EEOC found “credible documentary evidence” that TCS frequently falsified documents to support L-1 visa applications.

Despite these findings, Govindharajan's case was dismissed due to legal technicalities, including an arbitration clause that required disputes to be resolved in India.

2. Anil Kini v. TCS

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.