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:
DOL Proposes Rule to Increase PERM and H-1B Wage Minimums
At a Glance:
- The U.S. Department of Labor (DOL) has proposed a rule to significantly increase prevailing wages for H-1B, E-3, H-1B1, and PERM cases.
- Entry-level (Level I) wages could rise from the 17th percentile to the 34th percentile, effectively doubling the current minimum benchmark.
- Public comments will be accepted for 60 days starting March 27, 2026.
- The rule is not yet final but could take effect in the coming months after the rulemaking process.
- Employers are strongly advised to file LCAs immediately for cap and upcoming extension cases.
The U.S. Department of Labor is proposing a major overhaul of the prevailing wage system that governs key employment-based immigration programs, including H-1B visas and PERM labor certifications.
While the exact wage increases have not yet been formally published, early indications suggest that the new structure may mirror—or exceed—the attempted wage increases during the first Donald Trump administration, where wages were proposed to increase by approximately 35% or more. If implemented, this rule would significantly raise the cost of sponsoring foreign workers and reshape the H-1B and green card landscape. 1. Proposed Wage Changes: The proposed rule would restructure the prevailing wage system as follows:- Level I (Entry-Level):
- Increase from the 17th percentile → 34th percentile (current Level II threshold)
- Level II–IV:
- Expected to shift upward proportionally, resulting in substantial wage inflation across all levels
This means many positions currently qualifying under Level I or II may need to be reclassified at higher wage levels.
2. Programs Impacted:
The proposed wage increases would apply to:
- H-1B Specialty Occupation visas
- E-3 visas for Australian professionals
- H-1B1 visas for Chile and Singapore
- PERM Labor Certification (green card process)
3. Policy Context:
This proposal is part of a broader shift toward a high-wage immigration model, including:
- The $100,000 supplemental H-1B fee for certain petitions
- The weighted H-1B lottery system, favoring higher wages
- Increased scrutiny of Level I and entry-level filings
Together, these measures signal a clear policy direction: prioritizing higher-paid foreign workers and increasing employer costs.
4. Timeline and Next Steps:
- Rule publication: March 27, 2026
- Public comment period: 60 days
- Finalization: Likely within several months after review
- Potential legal challenges: Expected, as similar rules were previously litigated
Even though the rule is not yet final, timing is critical.
Immediate Recommendations:
- File LCAs within the next 30 days under the current wage structure
- Prioritize:
- H-1B cap filings
- September extension cases
- Amendments and transfers where applicable
- Lock in current wage levels now before any increase takes effect
Failure to act promptly may result in:
- Significantly higher wage obligations
- Ineligibility for certain positions under new wage thresholds
- Delays or inability to proceed with PERM cases
How Law Enforcement Records Can Impact H-1B and I-140 Petitions
At a Glance:
- Any interaction with law enforcement—no matter how minor or old—can affect immigration filings.
- USCIS increasingly scrutinizes criminal history in H-1B and I-140 petitions.
- Even minor offenses such as DWI or shoplifting can trigger delays, RFEs, visa revocation, or removal proceedings.
- Proper legal guidance is critical before responding to any criminal or immigration inquiry.
The Issue:
We are seeing a growing number of cases where even minor law enforcement encounters are creating significant complications in employment-based immigration filings, including H-1B petitions and I-140 immigrant petitions. Many applicants assume that dismissed cases, minor misdemeanors, or old incidents are irrelevant—but under U.S. immigration law, every law enforcement interaction matters.
USCIS, the U.S. Citizenship and Immigration Services, and the U.S. Department of State have access to extensive databases and routinely review an applicant’s full background, including arrests, citations, and pending charges—regardless of outcome. A Closer Look: 1. What USCIS Reviews: When a beneficiary has any criminal or police record, USCIS may:- Issue a Request for Evidence (RFE) seeking certified court dispositions
- Request police reports, arrest records, and charging documents
- Examine whether the conduct triggers inadmissibility or deportability grounds
Even if a case was dismissed, sealed, or resulted in no conviction, USCIS still requires full disclosure and documentation.
2. Common Problem Areas:
Certain types of cases frequently create complications:
- DWI / DUI (Driving While Intoxicated):
- While often not a deportable offense by itself, it can raise concerns about public safety, alcohol abuse, or misrepresentation—especially in visa stamping.
- Shoplifting / Theft-Related Offenses:
- These may be classified as crimes involving moral turpitude (CIMT), which can directly impact admissibility.
- Pending Misdemeanor Cases:
- Even unresolved minor cases can delay adjudication or lead to visa refusals.
-
Any Arrest or Police Interaction:
- USCIS does not distinguish between “minor” and “serious” in terms of disclosure requirements.
3. Visa Revocation & Consular Risks:
The U.S. Department of State may:
- Revoke an existing visa based on criminal history
- Refuse visa issuance under INA §221(g) pending further review
- Require additional administrative processing
This is especially common when applicants travel abroad and attend visa stamping after an incident.
4. Enforcement Risks: ICE and NTAs:
In more serious or repeated cases, the U.S. Immigration and Customs Enforcement may:
- Issue a Notice to Appear (NTA) initiating removal proceedings
- Detain individuals in certain circumstances
- Investigate potential status violations
Even individuals in valid H-1B status can be placed in removal proceedings if criminal grounds are triggered.
5. Impact on H-1B and I-140 Petitions:
Criminal history can result in:
- Denial of H-1B petitions (especially if misrepresentation is found)
- Delays or RFEs in I-140 adjudication
- Issues with extensions, amendments, or transfers
- Future green card inadmissibility problems
Additionally, if a case is delayed due to criminal issues, it may cause:
- Expiration of I-94 status
- Violation of 60-day grace period rules
- Loss of lawful status
Practical Guidance:
- Always disclose any law enforcement interaction, no matter how minor
- Obtain certified court dispositions before filing
- Do not assume dismissed cases are irrelevant
- Avoid international travel if there are unresolved criminal issues
- Consult an immigration attorney before signing any documents or plea agreements
Final Takeaway:
In today’s enforcement environment, there is no such thing as a “minor” issue in immigration law. What may seem like a small or resolved matter can quickly escalate into a visa denial, revocation, or even removal proceedings.
Do not sign any criminal or legal documents without first consulting an experienced immigration attorney. A coordinated legal strategy between criminal and immigration counsel is often the key to protecting your status and long-term immigration goals.
State Department Expands Social Media Screening for Additional Visa Categories Effective March 30
At a Glance:
- The U.S. Department of State will expand online and social media review starting March 30, 2026.
- Newly impacted visa categories include A-3, C-3, G-5, H-3, certain H-4 dependents, K visas, Q, R, S, T, and U visas.
- H-1B, F, M, and J visa applicants are already subject to this screening.
- Increased scrutiny may lead to delays, denials, or visa revocation if inconsistencies are found.
- A-3, G-5, and C-3: Domestic workers of diplomats and foreign officials
- H-3 and H-4 (dependents of H-3 trainees)
- K-1, K-2, K-3: Fiancé(e) and family-based visas
- Q: Cultural exchange visitors
- R-1 and R-2: Religious workers and their dependents
- S, T, and U visas: Witnesses, trafficking victims, and crime victims
2. Already Covered Categories:
The following applicants are already subject to social media screening:
- H-1B specialty occupation workers and their dependents
- F and M students
- J exchange visitors
3. What Consular Officers Review:
Consular officers may examine:
- Social media profiles (Facebook, LinkedIn, X, Instagram, etc.)
- Public posts, comments, and affiliations
- Employment history and biographical consistency
- Any discrepancies between online activity and visa applications
- 221(g) administrative processing delays
- Requests for additional documentation
- Visa denials or revocations
- Referral to enforcement agencies such as U.S. Immigration and Customs Enforcement in serious cases
- Ensure full consistency between your visa application and online presence
- Review and clean up social media profiles before applying
- Disclose all required social media accounts accurately
- Avoid posting misleading or contradictory information
- Seek legal advice if there are concerns about prior online activity
The expansion of online presence review signals a continued shift toward comprehensive digital vetting in U.S. immigration processing. With more visa categories now under scrutiny, applicants must treat their online activity as part of their official immigration record.
Accuracy, transparency, and preparation are essential to avoid delays or denials.
Keep Innovators in America Act Seeks to Codify OPT Program and Strengthen U.S. Competitiveness
At a Glance:
- A bipartisan bill, the Keep Innovators in America Act, aims to formally codify the Optional Practical Training (OPT) program into law
- OPT allows international students to work in the U.S. after graduation, providing critical workforce support
- The legislation seeks to retain U.S.-educated global talent, support startups, and boost economic growth
- The move comes amid ongoing policy debates and legal uncertainty surrounding OPT
- Work in the U.S. for up to 12 months after graduation
- Extend work authorization for STEM graduates by an additional 24 months
- Gain hands-on experience aligned with their academic training
- Codify OPT into federal law, reducing legal uncertainty
- Preserve and potentially strengthen post-graduation work opportunities
- Provide stability for employers hiring international graduates
- Reinforce the U.S. position as a global destination for higher education and talent
3. Economic and Innovation Impact:
Supporters of the bill emphasize that OPT:
- Helps retain top global talent educated in the U.S.
- Supports startups and emerging industries that rely on skilled workers
- Enhances innovation, research, and development
- Contributes to overall economic competitiveness
Many employers view OPT as a critical pipeline for recruiting and evaluating future H-1B candidates.
4. Policy Context:
The legislation comes at a time when U.S. immigration policy is increasingly focused on:
- Attracting high-skilled workers
- Strengthening domestic innovation ecosystems
- Competing globally for talent
By codifying OPT, Congress would address longstanding concerns about the program’s vulnerability to regulatory or judicial changes.
Practical Implications:
If enacted, the bill would:- Provide greater certainty for international students and employers
- Encourage more students to pursue education in the U.S.
- Support long-term workforce planning for companies
- Strengthen the transition pathway from F-1 to H-1B and permanent residence
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.
