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​:

Major Immigration Policy Changes Expected in 2025

As we usher in 2025, the Trump administration appears poised to revive and expand upon the restrictive immigration policies championed during its previous tenure. Under the influence of figures like Stephen Miller, sweeping changes are anticipated across both illegal and legal immigration.

Deportation Crackdown:

An estimated 1.2 million individuals who have exhausted all deportation defenses and are subject to final removal orders are expected to face targeted enforcement. Alongside this, the administration aims to intensify its focus on criminal deportations, signaling a more aggressive stance on immigration enforcement.

H-1B and L-1 Visa Overhaul:

Looking back at the last Trump administration, significant changes to employment-based visa programs are likely. The proposed policies could reshape how companies, particularly in the IT consulting sector, navigate visa sponsorship. Key expected changes include:

• H-1B Visa Reforms: Redefining “specialty occupation” to narrow eligibility, potentially limiting the use of the program by third-party placement firms.
• L-1B Visa Changes: A tighter interpretation of “specialized knowledge,” which may create additional hurdles for intra-company transferees.
• L-1A Visa Adjustments: Redefining “executive and managerial duties” with stricter criteria, making it harder for international firms to bring executives to the U.S.

New Requirements for Employers:

• Labor Condition Application (LCA) for L-1 Visas: A requirement for an LCA and wage determination for L-1 visas may be introduced, aligning it closer to the H-1B process.
• Prevailing Wage Increases: Employers may be required to pay at least Level 2 wages or higher, significantly raising the cost of hiring H-1B and L-1 workers.

These measures could disproportionately affect Indian nationals, who account for over 70% of H-1B and L-1 visa holders, and may have a profound impact on third-party IT consulting firms. Industry experts fear that these changes could undermine the business model of consulting firms that depend on competitive wage structures and flexible visa programs.

Geopolitical Considerations:

As these policies loom, some speculate whether international players like Indian Prime Minister Narendra Modi might step in to negotiate softer terms. India, a major beneficiary of the H-1B program, could leverage defense and trade agreements with the U.S. as bargaining chips, especially as it navigates strategic partnerships in light of strained ties with Russia and its increasing reliance on Western allies.

Elon Musk's Role?

Some observers wonder if business leaders like Elon Musk, who benefit from international talent, will advocate against these restrictive measures. However, larger corporations such as Tesla and other tech giants could benefit from the downfall of third-party IT consulting firms, which may limit their motivation to intervene.

Implications for IT Consulting Companies:

If these policies are enacted, IT consulting firms should prepare for significant challenges. Companies relying on H-1B and L-1 visa holders for third-party placements may need to pivot their business models to remain competitive in a dramatically altered landscape.

Final Thoughts:

The road ahead for immigration policy in the U.S. is uncertain, but 2025 promises to bring significant changes to the employment-based immigration system. Stakeholders in the IT and consulting sectors should brace for the possibility of stricter regulations and higher costs while keeping an eye on potential political and corporate interventions. Only time will tell how these changes unfold and their broader impact on the global economy.

Detailed Plan of Action: Preparing for an FDNS Site Visit and DOL H-1B Audit Triggered by Tips

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:

1. Conduct a Comprehensive Internal Audit:

Verify Public Access Files (PAF):

• Ensure each H-1B employee's PAF is complete and includes: 
• LCA.
• Prevailing wage determination.
• Evidence of wage compliance.
• A notice of filing at the worksite.

Review Employee Records:

• Confirm the accuracy of job titles, job descriptions, work locations, and salaries.
• Verify that the employee is being paid at or above the wage listed in the LCA and H-1B petition.

Check Compliance with Worksite Locations:

• Verify that the employee is working only at approved locations listed in the LCA.
• For remote employees, ensure you have updated LCAs or amendments reflecting the home office or alternate location.

2. Train Your Staff:

Educate Employees:

• Inform all H-1B employees about potential site visits and what to expect.
• Advise them to be truthful and consistent in their answers, providing only requested information.

Train Managers and HR Personnel:

• Train HR and managerial staff on the requirements of the H-1B program, such as wage obligations, worksite compliance, and document retention.

3. Designate a Point of Contact (POC):

• Assign a specific employee or legal counsel to act as the primary contact for FDNS or DOL auditors.
• The POC should: Meet with the investigator, Escort them during the visit, Provide requested documentation.

4. Prepare for FDNS Site Visits:

Documents to Have Ready:

• Copies of all relevant H-1B petitions, including Form I-129.
• LCAs and certified copies.
• Evidence of wage payments (e.g., pay stubs, direct deposit records).
• Organizational charts and employment verification letters.
• Lease agreements or utility bills to verify the employee's work location.

Practice Interviews:

• Conduct mock interviews with employees to ensure they understand their job duties, reporting structure, and work location details.

Verify Work Locations:

• Ensure that any unanticipated changes in work location are documented and, if necessary, covered by an amended petition.

5. Prepare for DOL H-1B Audits:

Document Organization:

• Assemble all LCAs filed within the past five years.
• Maintain accurate payroll records and time sheets.
• Document the recruitment process and any required U.S. worker notices.

Review Termination Processes:

• Ensure terminated H-1B employees received proper notice and the required transportation costs were paid for returning to their home country.

6. Respond to Tips and Allegations:

Investigate Internally:

• If a tip has been made, conduct an internal investigation to identify and address potential compliance issues before the audit.

Review Employee Relations:

• Document communications and actions taken with disgruntled employees.
• Ensure all terminations or disputes are handled professionally and legally.

7. Legal and Compliance Support:

Engage Legal Counsel:

• Have immigration attorneys on standby to assist during audits or site visits.
• They can review the investigator's requests and help ensure compliance with the law.

Develop a Crisis Plan:

• Include steps for handling non-compliance findings and appeals.

8. During the Audit or Site Visit:

Be Cooperative and Transparent:

• Provide requested documentation promptly but do not volunteer unnecessary information.
• Keep records of all documents provided and questions asked.

Monitor Investigator Activities:

• Ensure the investigator remains focused on the H-1B program and does not overreach into unrelated areas.

Document the Visit:

• Take notes on the investigator's questions and activities for future reference.

9. Post-Audit Actions:

Follow Up on Findings:

• Address any non-compliance issues identified during the audit promptly.
• Work with legal counsel to prepare a response to any Notices of Intent to Revoke (NOIR) or Requests for Evidence (RFE).

Implement Corrective Measures:

• Update policies and procedures to prevent future issues.
• Conduct additional training for HR staff and managers.

10. Preventative Measures:

Maintain Ongoing Compliance:

• Regularly review and update your H-1B and employment practices.
• Monitor changes to immigration laws and DOL guidelines.

Document Everything:

• Keep detailed and organized records for each H-1B employee.

Communicate Regularly:

• Maintain open lines of communication with employees and ensure they understand their responsibilities and rights.

By following these steps, your organization will be better prepared to handle FDNS site visits or DOL audits, minimizing risks and ensuring compliance with H-1B program requirements.

USCIS to Release Revised Form I-129 on January 17, 2025

The U.S. Citizenship and Immigration Services (USCIS) announced that it will release a revised version of Form I-129, Petition for a Nonimmigrant Worker, on January 17, 2025. This update reflects changes made to align with the newly implemented H-1B Modernization Final Rule and H-2 Modernization Final Rule, aimed at streamlining nonimmigrant worker petitions and ensuring compliance with updated regulations.

What's New in the Revised Form I-129?

The revised Form I-129 incorporates modifications that address key regulatory changes, including:

H-1B Modernization:

• Enhanced definitions and criteria for “specialty occupation” to ensure compliance with the updated H-1B program rules.
• Revised sections to include additional employer attestations and documentation requirements aimed at preventing misuse of the program.
• New provisions to address third-party placements and worksite compliance.

H-2 Modernization:

• Streamlined filing processes for agricultural and non-agricultural temporary workers.
• Revised wage determination requirements to reflect the Department of Labor's (DOL) updated wage structure.

Important Details for Petitioners

• Edition Date: The new edition of Form I-129 will be dated 01/17/25.
• Mandatory Use: USCIS will allow a brief grace period for the use of the prior edition of the form, but after the designated transition period, only the revised form will be accepted.
• Availability: The revised form will be available for download on the USCIS website on January 17, 2025.

Impact of the H-1B and H-2 Modernization Rules

The modernization rules, which became effective earlier this year, introduced significant changes to the H-1B and H-2 visa programs, including:

H-1B Program:

• Stricter criteria for determining eligibility for specialty occupations.
• Increased transparency for wage levels and employment conditions.
• Additional oversight for third-party placements.

H-2 Program:

• Updated requirements for demonstrating a shortage of U.S. workers.
• Enhanced protections for temporary foreign workers.

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.