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​:

Do's and Don'ts in H-1B Visa Registration

As the H-1B lottery registration opens today, it is crucial for employers and applicants to follow proper procedures to avoid disqualifications, Requests for Evidence (RFEs), or fraud allegations. Here's a guide on what to do and what not to do when registering for the FY 2026 H-1B CAP lottery.

Do's in H-1B Registration:

1. Submit Registration on Time

• The H-1B registration period for FY 2026 opens at noon Eastern on March 7, 2025, and runs through noon Eastern on March 24, 2025. Ensure you register within this timeframe to avoid disqualification.

2. Register Through a Legitimate Employer:

• Only a U.S.based employer with a Federal Employer Identification Number (FEIN) can submit an H-1B registration. The employer must have a valid job offer in a specialty occupation for the beneficiary.

3. Provide Accurate Information:

Double-check details such as:

• Beneficiary's full legal name
• Passport information
• Date of birth
• Employer's business details
• Job title and specialty occupation

Any inconsistencies or errors can lead to rejection.

4. Prepare Supporting Documentation Early:

• If selected, file the H-1B petition (Form I-129) within the specified timeframe. Gather documents like job offer letters, employer tax records, organizational charts, and proof of specialty occupation.

5. Register Each Beneficiary Only Once Per Employer:

• Each employer can register a beneficiary only once. Duplicate registrations by the same employer for the same worker will result in automatic disqualification.

6. Maintain Compliance with FDNS and USCIS Scrutiny:

Employers should prepare for site visits and work location verifications, ensuring that:

• The job exists and meets specialty occupation requirements.
• The offered wage matches the prevailing wage for the role.
• The employer-employee relationship is valid.

7. Consider Alternative Visa Options:

If not selected in the H-1B lottery, consider options such as:

• O-1 visa (individuals with extraordinary ability)
• L-1 visa (intra-company transferees)
• F-1 STEM OPT extension (if eligible)

Don'ts in H-1B Registration:

1. Don't Register Without a Genuine Job Offer:

• USCIS is vigilant about fraudulent registrations. Employers must have a real job opening that meets H-1B specialty occupation criteria.

2. Don't Work with Fake or Shell Companies:

• Registering through fake companies, staffing agencies with no real projects, or non-existent employers can lead to denials, blacklisting, and potential fraud investigations.

3. Don't Submit Multiple Registrations Through Different Companies to Increase Chances:

• While different employers can file separate H-1B registrations for the same beneficiary, they must demonstrate a legitimate need. USCIS will deny petitions filed by related entities trying to manipulate the lottery system.

4. Don't Forget to Pay the Correct Fees:

• For the FY 2026 CAP season, the H-1B registration fee has increased to $215 per beneficiary, up from the previous $10 fee. Ensure that the correct fee is paid to avoid processing delays or disqualification.

5. Don't Miss the H-1B Filing Deadline After Selection:

•  If selected, the H-1B petition must be filed within the USCIS deadline. Missing it will result in losing the chance for approval.

6. Don't Violate Work Authorization Rules:

• Beneficiaries cannot start working until their H-1B is approved and effective (typically October 1st or later). F-1 students on STEM OPT should maintain their status properly to avoid issues.

7. Don't Ignore FDNS Audits and Site Visits:

• Expect increased USCIS scrutiny on work locations, job roles, and employer legitimacy. Employers must prepare for unannounced visits.

With H-1B registrations opening today, it's crucial to follow USCIS guidelines, ensure compliance, and avoid fraudulent practices. Employers must register properly, prepare for FDNS scrutiny, and submit strong petitions if selected. By doing so, they can maximize their chances of approval and avoid unnecessary risks.

DOL Releases Latest PERM and Prevailing Wage Processing Times

The U.S. Department of Labor's (DOL) Office of Foreign Labor Certification (OFLC) has published updated processing times for Permanent Labor Certification (PERM) applications and Prevailing Wage Determinations (PWDs) as of March 1, 2025.

PERM Applications:

• Analyst Review: The OFLC is currently reviewing PERM applications filed in October 2023 or earlier.
• Audit Review: The agency has not provided specific dates for the audit processing queue, indicating “N/A” for this category.
• Reconsideration Requests: Standard reconsideration requests submitted in January 2025 or earlier are under processing.

Prevailing Wage Determinations:

• Issuance of PWDs: The OFLC is issuing PWDs for both PERM and H-1B prevailing wage requests filed in September 2024, applicable to both Occupational Employment Statistics (OES) and non-OES cases.
• Redeterminations: Requests for redetermination of prevailing wages submitted in November 2024 are currently being processed.
• Center Director Reviews: The agency is addressing PERM and H-1B Center Director review requests filed in August 2024.

For more detailed information and to access the latest processing times, visit the DOL's Foreign Labor Application Gateway (FLAG) page.

How to Manage FDNS Investigations and Prove Specialty Occupation at In-House and Client Sites

With the recent Executive Order from the White House increasing scrutiny on employment-based visa programs, H-1B, L-1, and STEM OPT workers face heightened FDNS (Fraud Detection and National Security) investigations. Employers must be well-prepared to demonstrate compliance, especially in proving the availability of specialty occupation roles at both in-house locations and client sites. This article outlines key steps for employers and employees to effectively manage FDNS site visits and ensure a successful outcome in cases like Rossi's situation.

As of today, March 7th, the H-1B lottery registration period has officially begun. We strongly encourage employers to participate in the H-1B CAP lottery to secure visas for skilled workers. However, at the same time, employers must prepare for increased FDNS scrutiny, as site visits and audits are expected to intensify for H-1B, L-1, and STEM OPT beneficiaries.

Understanding FDNS Investigations:

FDNS officers conduct unannounced visits to verify whether a visa beneficiary is working in accordance with the filed petition. Their focus includes:

• Whether the employer-employee relationship exists as claimed.
• The actual work location of the employee (in-house or client site).
• Whether the job meets specialty occupation requirements.
• Salary compliance and public access file maintenance.

Employer's Strategy to Prove Specialty Occupation:

For in-house employment and third-party work locations, employers must maintain strong documentation:

For In-House Employment:

• Organizational Chart: Showcasing the beneficiary's role in relation to other specialized positions.
• Detailed Job Description: Outlining specific industry knowledge, technical skills, and degree requirements.
• Past Hiring Trends: Demonstrating that similar roles have required a specialized degree in the past.
• Client Contracts (if applicable): If the employee provides internal services to a client project, maintain contracts that specify work location and duties.

For Client-Site Employment:

• Letter from the End Client: Confirming the nature of the work, supervision structure, and necessity of the H-1B worker.
• Statement of Work (SOW) or Master Services Agreement (MSA): Defining job responsibilities, location, and contract duration.
• Employer-Employee Relationship Proof: Evidence that the petitioner controls the worker's employment (e.g., regular performance reviews, payroll records).
• Timesheets and Project Documentation: Tracking the employee's role in active projects.

Preparing Employees for FDNS Visits:

Employees must be trained on what to expect and how to respond during a site visit:

• Always be truthful and consistent with the petition details.
• Keep a copy of the LCA and I-129 petition at the work location.
• Be ready to describe job duties in technical language that aligns with specialty occupation criteria.
• Know the name of the employer and the reporting structure to avoid confusion.

Handling Rossi's Case and Other Employees Under FDNS Scrutiny:

For Rossi and others in similar situations, employers should:

• Conduct an Internal Audit: Review compliance documents before an FDNS visit.
• Update Employment Records: Ensure that Rossi's work location, salary, and job duties match the petition and client documentation.
• Coordinate with the End Client: Ensure they are aware of potential FDNS inquiries and support verification of employment details.
• Provide Employee Training: Rossi should be prepared to answer questions clearly and confidently, confirming compliance.

With the H-1B lottery registration opening today, employers should take advantage of this opportunity to file new petitions while simultaneously preparing for stricter FDNS oversight. The Biden Administration's intensified scrutiny of H-1B, L-1, and STEM OPT programs means businesses must take a proactive approach—organizing documentation, ensuring compliance, and training employees. By demonstrating specialty occupation roles effectively, employers can minimize risks and successfully navigate investigations in today's regulatory environment.

Summary of DHS's Alien Registration Requirement

USCIS announced a new registration requirement for certain non-U.S. citizens, mandating compliance with alien registration laws under INA §262 (8 U.S.C. 1302). This initiative follows the Protecting the American People Against Invasion executive order signed by President Trump on January 20, 2025. The interim final regulation has not yet been published but is expected soon. Meanwhile, the G-325R registration form is available in MyUSCIS accounts.

Key Points of the Registration Requirement:

Who Must Register?

• Noncitizens aged 14+ who were not fingerprinted or registered when applying for a visa and will stay in the U.S. for 30+ days.

Children under 14 (registered by parents/guardians):

• Previously registered children turning 14 (must re-register within 30 days of their birthday).

Who is Already Registered?

• Green Card holders, visa holders, parolees, employment authorization recipients, and individuals in removal proceedings (listed in 8 CFR 264.1(a)).

Who is Not Considered Registered?

• Those who entered without inspection (EWI).
• Canadians who entered via land ports without registration
• Individuals who applied for immigration benefits not listed in 8 CFR 264.1(a) (e.g., DACA, TPS applicants).

Registration Process & Compliance:

• Registration is done through MyUSCIS using Form G-325R.
• DHS has not specified a fee for registration.
• Failure to register may result in misdemeanor charges, fines up to $1,000, imprisonment (up to 6 months), and immigration consequences per INA §266.
• Registration does NOT grant legal status or work authorization.

Important Note:

Summary of Workplace Rights for Undocumented Immigrants

People living in the U.S., including undocumented immigrants, have certain constitutional rights. If Immigration and Customs Enforcement (ICE) officers come to a workplace:

• They must have either a valid search warrant or consent from the employer to enter non-public areas.
• ICE can enter public areas (such as the lobby) without a warrant or consent.

What to Do If ICE Arrives at Your Workplace?

1. Stay Calm:

• Do not panic or run away.
• If stopped, ask if you are free to leave. If yes, walk away calml

2. Right to Remain Silent:

• You do not have to answer questions or show documents.
• If asked about your immigration status, you can remain silent and say: “I choose to remain silent.”
• Do not provide false information or claim to be a U.S. citizen if you are not.

3. You Are Not Required to Show Immigration Documents:

• You can refuse to show identity documents that reveal your nationality or immigration status.

4. Right to Contact a Lawyer:

• If detained, you have the right to a lawyer.
• You can say: “I want to speak to a lawyer.”
• If you don't have a lawyer, request a list of free or low-cost attorneys.

5.  Do Not Sign Anything Without Legal Advice:

• Do not sign any documents without fully understanding them.
• Signing may waive your rights or lead to deportation.

6. If Your Rights Are Violated:

• Document what happened, including officer names, badge numbers, and details.
• Report violations to a lawyer or immigrant rights organization.

Electronic Device Searches at U.S. Ports of Entry: What You Need to Know

U.S. Customs and Border Protection (CBP) possesses the authority to search electronic devices—including phones, laptops, and tablets—of anyone entering the United States, encompassing both citizens and non-citizens. These inspections can occur at land crossings, airports, seaports, and even at CBP preclearance locations abroad, such as Dublin or Toronto. Notably, these searches can be conducted without a warrant or suspicion.

Types of Searches:

• Basic Search: Involves an officer manually reviewing the contents of a device without external equipment.
• Advanced Search: Occurs when an officer connects external equipment to a device to access, review, copy, and/or analyze its contents. CBP must have reasonable suspicion of a legal violation or national security concern and obtain pre-approval from a senior manager before conducting an advanced search.

Why This Matters:

• Privacy Risks: CBP may access personal, confidential, and sensitive data during these searches.
• Legal Considerations: Individual rights are limited at the border; however, steps can be taken to protect personal data.
• Possible Consequences: Refusal to provide access may result in device seizure. Visa holders may be denied entry to the United States if they refuse to provide access. At preclearance locations, this may result in boarding being denied.

Ten Smart Steps to Protect Your Data at the U.S. Border:

1. Travel Light:

• Carry only necessary devices. Consider using a dedicated travel device with minimal personal data.

2. Back Up Before You Go:

• Save important files securely in the cloud or an external drive before traveling. Keep backups separate from your laptop.

3.Prioritize Password Security:

• Secure devices with unique, complex passwords. Although fingerprints and other biometric locks offer convenience, they are generally considered less secure than strong passwords. Enabling two-factor authentication (2FA) whenever possible can provide an additional layer of security.

4. Know Your Rights:

• You are not required to share your password, but refusal may lead to device seizure. Visa holders may be denied entry to the U.S. if they refuse to provide access. At preclearance locations, this may result in boarding being denied.
• U.S. citizens can refuse to answer questions beyond identity and travel details, though this may cause delays. Lawful permanent residents cannot be denied entry but may face additional scrutiny. Visa holders may be denied entry if they refuse to answer questions about their trip and visa status.

5. Document the Search:

• Write down details of the search, including the names and badge numbers of CBP agents. Document the questions they ask. If your interview was recorded, ask for a copy of the transcript.

6. Minimize Stored Data: 

• Carry less data across the border. Consider traveling with a laptop free of sensitive data or apps that collect and store sensitive data. Securely delete files instead of just moving them to the trash. Think about leaving your usual phone at home and buying a temporary phone, then transferring your SIM card or getting a new number at your destination.

7. Encrypt Your Devices:

• Enable full-disk encryption on all your devices for added security. Use strong passphrases instead of simple passwords.

8. Turn Off Devices Before Border Crossing: 

• Power down your devices completely before reaching the border to help protect against potential remote access attacks and data interception.

9. Inspect Devices Upon Return:

• If your laptop is confiscated and later returned, boot it using an external drive and perform a thorough scan for any unauthorized software or changes.

10. Limit Cloud Access:

• The border search will only examine information on the device at the time of the search and cannot access information stored remotely. Sign out of sensitive apps, disable automatic logins, and consider removing apps that store personal data. Additionally, you may consider using a VPN for electronic devices.

How to Handle Interactions with U.S. Border Agents:

• Be Honest: Never lie to CBP officers.
• Stay Calm: Do not argue or interfere with an inspection.
• Understand Inspection Authority: Understand that CBP has the authority to physically inspect electronic devices. While you are not required to provide your passwords, refusing to do so may result in possible consequences, such as device seizure or denial of entry.

If you have questions about traveling to the United States, please contact our office.

USCIS Policy Memo on Issuance of NTAs

Key Takeaways:

1. General Policy Change:

• USCIS will issue an NTA (Notice to Appear) when a benefit request is denied, and the applicant is removable or unlawfully present.
• No broad exemptions—previous protections for certain groups from enforcement actions no longer apply.

2. Criminal Cases:

• USCIS will issue NTAs for noncitizens with criminal history if their benefit request is denied.
• Evidence supporting criminal charges must be in the record; RFEs for certified conviction documents are limited.

3. Fraud & Misrepresentation Cases:

• USCIS will issue NTAs for substantiated fraud or material misrepresentation even if the denial is based on another ground.
• Fraud or misrepresentation charges must be supported by evidence.

4. Employment-Based and Naturalization Cases:

• Employment-based denials may lead to an NTA if the beneficiary is unlawfully present.
• Naturalization applicants with deportable offenses post-green card approval or who were inadmissible at the time of adjustment may receive an NTA.

5. DACA & TPS Cases:

• No change for DACA or TPS applicants, except when TPS protections no longer apply.

6. Other Situations Where NTAs May Be Issued:

• Affirmative asylum applicants referred to EOIR but had proceedings dismissed or terminated.
• I-90 denials due to abandonment of lawful permanent resident (LPR) status.
• Parole termination cases where the individual is unlawfully present.

Pointers for Clients:

1. Before Filing a New Application:

• Educate clients on risks of denial and potential NTA issuance.
• Obtain informed consent and review immigration history (FOIA, FBI rap sheet, background checks).
• Screen for criminal, fraud, or inadmissibility risks.
• Consider alternative relief options if an NTA is likely.

2. Pending Applications:

• Withdrawing an application won't always prevent an NTA, particularly in fraud or criminal cases.
• Review complex cases proactively and assess options for relief.
• If a case is denied, consider appeals, motions to reopen, or refiling before an NTA is issued.
• Use prosecutorial discretion requests in responses to NOIDs or RFEs, particularly for VAWA, U, or T visa applicants.

3. Address Updates & NTA Service:

• Clients must keep their address updated with USCIS to avoid missing an NTA.
• USCIS may not serve an NTA immediately—important to monitor mail and case status.

Final Thoughts:

• The new memo expands NTA issuance and limits prosecutorial discretion.
• Proactive case screening is critical to mitigating risks.

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.