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​:

USCIS H-1B Lottery Registration and Alien Registration Deadline Approaching

The deadline for two key immigration registrations is fast approaching. The initial registration period for the FY 2026 H-1B CAP lottery will officially close on Monday, March 24, 2025, at noon Eastern Time. Similarly, individuals subject to mandatory alien registration requirements must ensure compliance to avoid penalties.

Final Days for H-1B Lottery Registration:

The H-1B lottery registration, which opened on March 7, 2025, requires prospective employers or their legal representatives to electronically register their foreign workers via a USCIS online account. Each registration must be accompanied by a $215 non-refundable fee per beneficiary.

This year's lottery follows the beneficiary-centric selection process introduced in FY 2025, meaning that USCIS will select unique beneficiaries rather than multiple registrations for the same individual. Employers should ensure all necessary entries are submitted before the deadline to avoid missing out on the lottery. USCIS expects to notify selected registrants by March 31, 2025.

Alien Registration Requirement:

In addition to the H-1B deadline, USCIS reminds certain noncitizens present in the U.S. for 30 days or longer that they may be required to register using Form G-325R if they have not already been issued official registration documentation (such as an I-94, employment authorization, or a visa).

Individuals failing to register as required under INA 262 and INA 266(a) could face criminal penalties, including fines of up to $5,000 and imprisonment for up to six months. Those needing to register must create a USCIS online account and submit Form G-325R electronically.

What's Next?

• H-1B petitioners: Ensure all registrations are completed and submitted before noon on March 24, 2025.
• Noncitizens requiring registration: Confirm your status and, if necessary, file Form G-325R to comply with U.S. immigration laws.

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Understanding the USCIS Registration Process: How to Register and Who Needs to Register

The U.S. Citizenship and Immigration Services (USCIS) requires certain non-U.S. citizens (aliens) to register their presence in the United States. This article provides a step-by-step guide to the registration process, including who needs to register, how to complete Form G-325R, and the consequences of failing to comply with this requirement.

Who Must Register?

If you belong to any of the groups below, you must submit Form G-325R:

1. Aliens age 14 or older who were not registered and fingerprinted before entering the U.S. and have remained for 30 days or more
2. Parents or legal guardians must register children under 14 who have not been registered and remain in the U.S. for 30+ days
3. Any alien turning 14 years old in the U.S. who has not previously been fingerprinted, within 30 days after their birthday

Who is Already Registered?

The following individuals are already considered registered under 8 CFR 264.1(b) and do not need to submit Form G-325R:

• Lawful Permanent Residents (Green Card Holders)
• Aliens paroled into the U.S. under INA 212(d)(5) (even if parole has expired)
• Nonimmigrants admitted to the U.S. who were issued Form I-94 or I-94W (even if their status has expired)
• Individuals with a U.S. visa issued before their last arrival
• Aliens in removal proceedings
• Aliens with an Employment Authorization Document (EAD)
• Individuals who applied for permanent residency using Forms I-485, I-687, I-698, I-700, etc. (even if denied)
• Border Crossing Card holders

If you fall into one of these categories, you do not need to submit Form G-325R:

How to Register

Step 1: Create a USCIS Online Account

To initiate the registration process, you must first create a USCIS online account. This account is essential for completing and submitting Form G-325R electronically.

• Visit the USCIS Online Account Portal and follow the instructions to sign up.
• Each individual required to register must have their own account, including children under the age of 14.
• If you are a parent or legal guardian registering a child under 14, you must create an account on their behalf and in their name.

For detailed instructions on setting up an account, refer to the “How to Create a USCIS Online Account” guide on the USCIS website.

Step 2: Submit Form G-325R (Biographic Information Registration)

Once you have created a USCIS online account, the next step is to fill out and submit Form G-325R online.

• Form G-325R must be submitted electronically—paper submissions by mail or in person are not accepted.
• Each individual must submit their own form through their personal USCIS online account.
• If registering on behalf of a minor (under 14 years old), parents or legal guardians must submit Form G-325R through the minor's USCIS account.

Already Registered?

Before completing Form G-325R, check whether you have already registered:

• If you have been issued a Form I-94 Arrival-Departure Record, DHS has already registered you.
• Aliens who turned 14 years old while living in the U.S. but were never fingerprinted must register within 30 days of their 14th birthday.

Step 3: USCIS Review of Form G-325R

After submission, USCIS will review the form and cross-check it with DHS records.

• If USCIS determines that you have already fulfilled the registration requirement, you will be notified, and no further action is necessary.
• If you still need to complete registration, USCIS will determine whether you must attend a biometric services appointment.

Step 4: Attend a Biometrics Appointment (If Required)

Some applicants may be required to attend a biometric services appointment at a USCIS Application Support Center (ASC) for fingerprinting and photographs.

• If biometrics are required, USCIS will notify you of the appointment date, time, and location.
• No biometric services fee is required for Form G-325R submission.
• Failure to attend a scheduled biometrics appointment may result in penalties, including potential criminal charges.

For details on what to expect, visit “Preparing for Your Biometric Services Appointment” on the USCIS website.

Step 5: Receive Proof of Registration

Once you complete the registration process and provide biometrics (if required), USCIS will issue Proof of G-325R Registration:

• A confirmation notice will be posted to your USCIS online account.
• You can download and print a PDF version of the notice for your records.

Exceptions to Registration

The following individuals do not need to register:

• American Indians born in Canada (under INA Section 289)
• Members of the Kickapoo Traditional Tribe of Texas (under the Texas Band of Kickapoo Act)

Penalties for Failing to Register

Failure to register as required under INA 266(a), 8 U.S.C. 1306(a) may result in criminal penalties:

• A fine of up to $5,000
• Imprisonment for up to 6 months
• Both fine and imprisonment

Additionally, any individual who knowingly submits false information on Form G-325R may face additional criminal charges.

If you are an alien present in the U.S. and meet the registration requirements, it is essential to complete Form G-325R through a USCIS online account. Failure to do so may lead to legal consequences, including fines or imprisonment.

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Why Green Card and Visa Holders Should Avoid International Travel Under the New Trump Administration's Scrutiny By Keshab Raj Seadie, Esq.

With the return of the Trump administration, U.S. immigration policies are expected to undergo stricter enforcement, particularly at ports of entry. Recent reports indicate that even visa holders with previously stable statuses, such as H-1B, L-1, O-1, and F-1 (OPT/STEM OPT/CPT), are facing increased scrutiny upon reentry. ESTA travelers, B-1/B-2 visitors with multiple U.S. entries, and those engaged in third-party work arrangements are also experiencing heightened questioning. Given these uncertainties, green card and visa holders should avoid international travel for at least a year until we have better clarity on the administration's enforcement priorities and entry procedures.

Who Is at Risk?

1. H-1B Visa Holders at Third-Party Client Sites

• The Trump administration has historically taken a hard stance on H-1B visa holders working at third-party client locations. USCIS and CBP officers may scrutinize itineraries, contracts, and employer-employee relationships more aggressively, leading to visa denials or refusals at the port of entry.

2. L-1 Visa Holders in Consulting Roles

• L-1 intracompany transferees, especially those in consulting roles, may face entry denials if CBP officers determine that their employment does not align with USCIS regulations. Increased site visits and stricter interpretations of specialized knowledge requirements could pose further risks.

3. O-1 Visa Holders Sponsored by Agents

• O-1 visa holders, particularly those sponsored by agents rather than direct employers, may face issues proving their ongoing employment relationship. This could lead to lengthy secondary inspections or even denials of entry.

4. F-1 Students on OPT, STEM OPT, or CPT

• Students on OPT, STEM OPT, or CPT are likely to be questioned on the legitimacy of their employment. Companies offering “day 1 CPT” or questionable employment arrangements may come under heightened scrutiny, and students associated with such programs risk visa cancellations.

5. B-1/B-2 Visa Holders with Multiple U.S. Visits

• Frequent visitors on B-1/B-2 visas may be flagged for potentially working in the U.S. without authorization. Officers may inspect their travel history, business activities, and even electronic devices to determine admissibility.

6. Green Card Holders Staying Abroad for More Than 2 Months

• Lawful Permanent Residents (LPRs) could also face challenges if they stay outside the U.S. for extended periods. CBP officers may question whether they have abandoned their U.S. residence, especially if their social media, LinkedIn activity, or other digital footprints suggest they are working or living abroad.

Social Media and Digital Surveillance

Under the Trump administration's previous policies, CBP and USCIS actively monitored social media accounts, emails, and electronic devices during immigration inspections. This trend is expected to continue, meaning any controversial posts, employment details, or foreign affiliations could trigger additional scrutiny.

What Happens If You Are Denied Entry?

If a visa holder is deemed inadmissible at the port of entry, they can be immediately sent back to their home country. In many cases, officers will not offer an opportunity to withdraw the application for admission voluntarily. For green card holders, extended absences or indications of foreign residency could lead to a Notice to Appear (NTA) in immigration court, potentially jeopardizing their permanent resident status.

Conclusion: Stay in the U.S. Until the Policies Stabilize

Given the unpredictability of immigration enforcement under the Trump administration, it is strongly advised that green card and visa holders avoid international travel for at least one year. Until we have a clearer picture of the new policies and their implementation at ports of entry, staying in the U.S. is the safest course of action to prevent unnecessary risks of inadmissibility, visa revocation, or permanent residency challenges.

Elderly Green Card Holders Face Increased Pressure to Surrender Green Card or Residency at U.S. Airports

Recent developments indicate that elderly green card holders are encountering heightened scrutiny upon re-entering the United States. Reports suggest that U.S. Customs and Border Protection (CBP) officers are increasingly pressuring these individuals to voluntarily relinquish their lawful permanent resident (LPR) status by signing Form I-407 at ports of entry.

By Keshab Raj Seadie, Esq.

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Legal Framework and Increased Enforcement

Under the Immigration and Nationality Act (INA), a lawful permanent resident (LPR) who is absent from the U.S. for over 180 days is treated as seeking ‘re-admission' and is subject to grounds of inadmissibility. While the issue of abandonment of green card status typically arises when the individual has been outside the U.S. for more than a year (365 days), even shorter stays abroad are now coming under increased scrutiny.

Incidents at Ports of Entry

Law Offices of Keshab Raj Seadie, P.C. as well as other immigration attorneys have reported cases where CBP officers have targeted elderly Indian green card holders, particularly grandparents who have spent extended periods outside the U.S., pressuring them to sign Form I-407 to ‘voluntarily' surrender their LPR status. Individuals who resist are often met with threats of detention or removal by CBP officers.

Rights and Recommendations for Green Card Holders

• Do Not Sign Form I-407 Without Legal Counsel: A green card cannot be revoked by CBP officers unless the individual voluntarily surrenders it by signing Form I-407. Even if accused of abandoning residency, green card holders have the right to challenge this in court. Signing the form waives this right.
• Maintain Evidence of U.S. Ties: To counter claims of abandonment, LPRs should maintain documentation such as property ownership, tax returns, and employment records that demonstrate ongoing ties to the United States.
• Seek Legal Representation: If faced with pressure to surrender LPR status, individuals should request to speak with an attorney and avoid signing any documents without legal advice.

Conclusion

The current enforcement environment necessitates that elderly green card holders be vigilant about maintaining their residency status. Understanding legal rights and being prepared with appropriate documentation are crucial steps to ensure the preservation of lawful permanent resident status amid increased scrutiny at U.S. ports of entry.

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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.