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:
Trump Reshapes Immigration Policies with Sweeping Executive Orders
President Donald J. Trump launched his second term with a series of bold executive orders targeting immigration. These actions prioritize border security, restrict humanitarian programs, and tighten eligibility for immigration benefits. Below is a detailed analysis of the key directives and their implications.
Key Provisions:
1. Birthright Citizenship Restrictions:
- Trump seeks to reinterpret the 14th Amendment to limit automatic citizenship for children born to undocumented immigrants. This move, likely to face legal challenges, could fundamentally reshape constitutional principles.
2. Border Enforcement and Emergency Declaration:
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By declaring a national emergency at the U.S.-Mexico border, the administration enabled military deployment and fast-tracked the completion of the border wall. The declaration is aimed at combating smuggling, illegal crossings, and cartel activity.
3. Suspension of Asylum and Refugee Programs:
- U.S. asylum and refugee admissions have been temporarily suspended for four months. Policies like “Remain in Mexico” are reinstated, requiring asylum seekers to await court proceedings outside the U.S.
4. Extreme Vetting and Travel Restrictions:
- Federal agencies are directed to propose enhanced vetting measures and recommend travel bans for specific groups, with potential restrictions expected in the coming months.
5. Designation of Cartels as Terrorist Organizations:
- Several criminal cartels, such as MS-13, have been classified as terrorist organizations, enabling stronger sanctions and enforcement measures.
Implications for Immigrants:
1. Nonimmigrant Visa Holders:
- Enhanced scrutiny could affect H-1B, F-1, and other temporary visa renewals, complicating compliance and work portability.
2. DACA and TPS Holders:
- These groups face uncertainty due to the suspension of humanitarian programs and restrictions that could impact future renewals.
3. Pending Asylum Applicants:
- The return of “Remain in Mexico” and expedited removals create additional hurdles for asylum seekers pursuing protection in the U.S.
4. Deported Individuals:
- Policies reinforcing removal orders limit reentry options, solidifying barriers for those previously deported.
Potential Challenges:
Legal experts and civil rights groups are preparing court challenges, particularly targeting birthright citizenship and the suspension of asylum programs. The implementation of these orders will likely depend on regulatory frameworks and judicial outcomes.
Managing FDNS Site Visits at IT Consulting Companies Employing H-1B Workers
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.
Preparation for FDNS Site Visits:
1. Documentation: Maintain readily available documentation, including:
- The H-1B petition and all supporting documents.
- Employment agreements between the employer and the employee.
- Copies of contracts, purchase orders, or letters of assignment detailing the work performed at third-party sites.
- Evidence of wage payments meeting the prevailing wage requirements.
2. Policies and Procedures:
- Ensure company policies are well-documented, outlining how compliance with Department of Labor (DOL) and USCIS regulations is maintained.
3. Training and Awareness:
- Train employees and management on how to handle site visits.
- Designate a point of contact (POC) for interacting with FDNS officers.
4. Work Location Verification:
- Keep detailed records of all client assignments, including start and end dates.
- Maintain current LCA postings at the proper worksite(s).
5. During the FDNS Site Visit:
- Professional Interaction: Greet the officers courteously and request identification.
- Stay Transparent: Provide requested documents promptly and answer questions truthfully.
- Designated Spokesperson: Ensure only the designated POC speaks on behalf of the company.
6. Common Areas of Scrutiny:
- Work Locations: Verifying the employee works at the approved worksite.
- Employer-Employee Relationship: Confirming the employer has the ability to hire, pay, supervise, and terminate the H-1B worker.
- Wages: Ensuring payment of at least the prevailing wage as per the LCA.
- Job Duties: Confirming the duties match those described in the H-1B petition.
7. Employer Questions:
- Can you provide the original H-1B petition and supporting documents?
- How do you ensure compliance with H-1B regulations?
- Who supervises the employee's work, and how is this supervision conducted?
- Can you provide payroll records showing wages paid to the employee?
- How do you verify the employee is working at the approved location?
8. Employee Questions:
- What is your job title and primary role at the company?
- Where is your current work location?
- Who assigns your tasks, and how are you supervised?
- Are you paid the wages stated in your H-1B petition?
- How often do you communicate with your employer about your work?
9. Best Practices:
- Mock Audits: Conduct internal audits to ensure all records are accurate and accessible.
- LCA Posting Compliance: Regularly verify LCA postings and compliance at all worksites.
- Timely Updates: Notify USCIS of any changes in employment terms, such as location or job duties.
- Legal Support: Seek legal guidance to prepare for visits and address complex compliance questions.
USCIS Waives COVID-19 Vaccination Requirement for Green Card Applicants
Effective January 22, 2025, U.S. Citizenship and Immigration Services (USCIS) has announced the removal of the COVID-19 vaccination requirement for adjustment of status applicants. Applicants no longer need to provide proof of COVID-19 vaccination on Form I-693, the medical examination and vaccination record.
USCIS will not issue Requests for Evidence, Notices of Intent to Deny, or denials related to missing COVID-19 vaccination documentation. This policy change applies to all adjustment of status applications moving forward.
USCIS Updates Guidelines for EB-2 NIW Petitions
USCIS announced updated policy guidance for evaluating EB-2 National Interest Waiver (NIW) petitions. The guidance clarifies how USCIS assesses eligibility for professionals with advanced degrees and individuals of exceptional ability.
Key updates include detailed considerations for occupations qualifying as professions, the relationship between exceptional ability and the proposed endeavor, and the evaluation of evidence like letters of support and business plans. The changes, effective immediately, build on prior guidance for STEM professionals and entrepreneurs.
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.
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