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:
April 2025 Visa Bulletin – EB-5 Retrogression for China and India, Modest Progress in Other EB Categories
The April 2025 Visa Bulletin issued by the U.S. Department of State reveals sharp retrogression for EB-5 applicants from China and India while showing modest advancements across other employment-based (EB) categories. USCIS has confirmed that Final Action Dates will be used for employment-based adjustment of status filings in April.
Key Highlights from the April 2025 Visa Bulletin:
EB-1:
- India advances by two weeks to February 15, 2022, while China remains unchanged at November 8, 2022. All other countries remain current.
EB-2:
- India advances by one month to January 1, 2013, while China moves forward by almost five months to October 1, 2020. All other countries advance by five weeks to June 22, 2023.
EB-3 Professionals and Skilled Workers:
- India advances by two months to April 1, 2013, and China advances by three months to November 1, 2020. All other countries move forward by one month to January 1, 2023.
EB-5 (Unreserved Categories):
- China experiences a significant retrogression of approximately two and a half years to January 22, 2014.
- India retrogresses by over two years to November 1, 2019.
- All other countries remain current.
EB-5 Set-Aside Categories (Rural, High Unemployment, and Infrastructure):
- All remain current.
What This Means for Applicants:
- Indian and Chinese EB-5 investors face significant setbacks, likely increasing demand for the EB-5 set-aside categories, which remain current.
- EB-2 and EB-3 applicants from India and China continue to see slow but steady movement, making premium processing and interfiling strategies worth considering.
- Employers sponsoring foreign nationals should plan filings accordingly, considering upcoming visa retrogressions and potential delays.
For tailored immigration strategies based on these changes, contact our office today.
Increased Scrutiny on H-1B Employers Under Trump Administration: Preparing for FDNS Site Visits, I-9 Audits, and DOL Investigations
As the Trump administration takes office, companies employing H-1B workers should brace for heightened scrutiny from federal agencies, particularly through FDNS site visits, I-9 audits, and Department of Labor (DOL) investigations. These enforcement actions aim to ensure compliance with immigration and labor laws and will likely become more frequent and aggressive under the new administration.
Key Areas of Focus:
- FDNS Site Visits: The Fraud Detection and National Security (FDNS) unit of USCIS conducts random and targeted site visits to verify that H-1B workers are employed as per the terms of their petitions. Red flags include mismatches between job duties, wages, and work locations.
- I-9 Audits: Employers must properly complete and maintain Form I-9 for all employees, verifying their work authorization. ICE has been ramping up audits, imposing hefty fines for non-compliance.
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DOL Audits: The DOL Wage and Hour Division investigates H-1B compliance, ensuring that employers meet prevailing wage requirements and maintain Public Access Files (PAFs) as required by law.
Compliance Protocols for Employers:
To mitigate risks, companies should proactively conduct internal audits and implement the following best practices:
- Review and Update Public Access Files (PAFs): Ensure that all LCA postings, wage determinations, and required notices are up to date.
- Conduct Internal I-9 Audits: Verify that all employee records are accurate and that I-9 forms are properly completed and stored.
- Prepare for FDNS Site Visits: Train HR teams and H-1B employees on how to handle unannounced visits, ensuring that job duties and wages match petition details.
- Monitor H-1B Worksite Compliance: If employees are working at third-party locations or remotely, update LCAs as required and notify USCIS of material changes.
- Retain Detailed Payroll and Employment Records: Keep records of wage payments, work schedules, and client contracts to demonstrate compliance.
Grounds for Deportation of Green Card Holders: Criminal Convictions and Other Factors by Keshab Raj Seadie, Esq.
- Crimes Involving Moral Turpitude (CIMT): These are offenses that gravely violate societal moral standards, such as fraud or theft. A green card holder may be deportable if convicted of a CIMT, especially if the crime was committed within five years of admission to the U.S. and resulted in a sentence of one year or longer.
- Aggravated Felonies: Convictions for crimes classified as aggravated felonies, which often include serious offenses like murder, rape, or drug trafficking, can lead to deportation.
- Multiple Criminal Convictions: Having two or more convictions for crimes involving moral turpitude, regardless of when they were committed or the sentences imposed, can make a green card holder deportable.
2. Fraud or Misrepresentation:
- If an individual obtained their green card through fraudulent means or by willfully misrepresenting material facts, they could face deportation.
3. National Security Concerns:
- Engaging in activities that pose a threat to national security, such as espionage or terrorism-related offenses, can result in deportation.
4. Abandonment of Permanent Residence:
- Staying outside the United States for extended periods (more than one-year) without maintaining ties to the U.S. can be interpreted as abandoning permanent resident status, leading to potential deportation.
5. Violations of Immigration Laws:
- Breaching certain immigration laws, such as smuggling other individuals into the U.S., can make a green card holder deportable.
Deportation Process: The process typically begins with the Department of Homeland Security (DHS) initiating removal proceedings. The individual has the right to a hearing before an immigration judge, where they can contest the charges and present defenses. If the judge orders deportation, the individual may appeal the decision to the Board of Immigration Appeals and, subsequently, to federal courts.
Recent Example: The case of Mahmoud Khalil, a Palestinian activist and permanent resident in the U.S., illustrates the complexities of deportation proceedings. Khalil was arrested by federal immigration officials due to alleged activities aligned with Hamas, a designated terrorist organization. His lawyers argue that there is no evidence supporting these allegations and that his arrest aims to suppress free speech. A federal judge has temporarily blocked his deportation, and legal proceedings are ongoing.
All TPS Set to Be on The Chopping Block – Nepal Could Be Next as Haiti's Designation Is Shortened
In a significant policy shift, Secretary of Homeland Security Kristi Noem has reduced the Temporary Protected Status (TPS) period for Haiti from 18 months to 12 months, raising concerns that other TPS designations—including Nepal—could be next.
The announcement on February 20, 2025, partially vacates the previous July 1, 2024 notice that had extended and redesignated Haiti for TPS through February 2026. Under the revised decision, Haiti's TPS will now expire on August 3, 2025, and the initial registration period for new applicants will also close on the same date.
The move signals a broader push to reassess TPS designations under the incoming Trump administration, sparking concerns among immigrant communities from countries like Nepal, Honduras, El Salvador, and Venezuela, whose designations could be next in line for reduction or termination.
What This Means for TPS Holders:
- Haitian TPS holders must re-register to maintain status through August 3, 2025.
- New Haitian applicants have until August 3, 2025, to apply for TPS under the latest redesignation.
- Other TPS-designated countries should prepare for potential changes, as the administration appears to be re-evaluating the program.
With TPS protections under increasing scrutiny, beneficiaries should seek legal guidance to explore alternative immigration options. Contact our office today for assistance with re-registration or legal strategies to maintain lawful status.
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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