Dear Clients and Colleagues,

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:

Erroneous USCIS Rejections and Delays Stemming from April 1 Changes

The American Immigration Lawyers Association (AILA) has been actively monitoring and addressing issues related to erroneous rejections and receipt delays that have surfaced following changes implemented by USCIS on April 1, 2024. These changes have led to numerous complications for applicants, prompting AILA to seek clarification and corrective actions from USCIS.

Erroneous Rejections

AILA has documented multiple instances of erroneous rejections and has formally raised the following requests with USCIS:

1. Refile with Prior Fees: AILA has requested that members be permitted to refile their applications with the fees that were in place before April 1, 2024, provided they include the originally filed applications as proof of the timely filed requested benefit.
2. Retain Original Filing Dates: AILA has asked USCIS to accept and receipt applications and petitions filed on or after April 1 but to record the original date on which they were initially received at any USCIS facility.

Receipt Delays

In addition to addressing erroneous rejections, AILA has also requested that USCIS provide an update regarding the significant delays in issuing receipts for applications and petitions. These delays have been particularly problematic within the Premium Processing Units. AILA seeks information on when members can expect to see a reduction in these delays.

Navigating the Dynamic Global Talent Landscape: Insights and Strategies for Employers

In today's interconnected world, the ability to attract and retain top talent from around the globe is crucial for businesses aiming to maintain a competitive edge. The global landscape of talent acquisition and mobility is constantly evolving, influenced by economic shifts, technological advancements, and changing immigration policies. Employers must navigate these complexities with strategic foresight and informed decision-making.

Law Offices of Keshab Raj Seadie, P.C. has been at the forefront of guiding employers through these challenges, providing essential insights and practical strategies to enhance their global mobility policies and compliance practices. 

Navigating Immigration Challenges

Immigration regulations can be complex and are subject to frequent changes. Our firm specializes in helping employers manage these challenges by:

1. Compliance and Risk Management: We ensure that employers remain compliant with immigration laws and regulations, minimizing the risk of penalties and disruptions. This includes assistance with visa applications, renewals, and compliance audits.
2. Streamlining Processes: We provide tools and strategies to streamline the immigration process, reducing administrative burdens and expediting the hiring of foreign talent.
3. Handling FDNS Site Visits: Our firm prepares employers for potential Fraud Detection and National Security (FDNS) site visits, offering training and guidance on how to handle these inspections effectively and maintain compliance.

An FDNS (Fraud Detection and National Security) site visit is an unannounced inspection conducted by USCIS to verify the information provided in visa petitions, such as H-1B and L-1 applications. These visits aim to detect and prevent immigration fraud, ensure compliance with immigration laws, and protect the integrity of the immigration system.

Managing an FDNS Site Visit

1. Prepare Documentation: Keep all relevant documents organized and readily accessible, including copies of the visa petitions, labor condition applications (LCAs), payroll records, employee work schedules, and documentation of the job duties and work locations of the foreign national employees.
2. Designate a Point of Contact: Assign a knowledgeable and trained employee, such as an HR manager or legal counsel, to handle interactions with FDNS officers. This person should be well-versed in the details of the visa petitions and compliance requirements.
3. Train Staff: Ensure that staff, especially those likely to interact with FDNS officers, are aware of the possibility of site visits and understand the importance of compliance. Provide training on how to handle these visits professionally and cooperatively.
4. Conduct Internal Audits: Regularly review and audit your immigration files and practices to ensure compliance with all relevant laws and regulations. This can help identify and address any potential issues before an FDNS site visit occurs.
5. Respond Appropriately During the Visit: When FDNS officers arrive, verify their credentials and ask for a business card. Notify the designated point of contact immediately. Provide only the information requested and do so truthfully. If you need time to gather documents, request it politely.
6. Follow Up After the Visit: After the FDNS visit, document what occurred during the inspection, including the questions asked and the documents reviewed. Address any issues identified during the visit promptly and take steps to rectify any non-compliance issues.

By being well-prepared and maintaining thorough records, employers can effectively manage FDNS site visits and minimize potential disruptions to their operations.

Managing Panel Physician Evaluations and Inadmissibility for Immigrant Visas

As an immigrant visa applicant, it is crucial to understand the intricacies of panel physician evaluations, particularly concerning your history of DUI arrests or marijuana use. These evaluations can significantly impact the outcome of an immigrant visa application.

Key Points:

1. Panel Physician Evaluations: All immigrant visa applicants must undergo a medical examination conducted by a certified panel physician. These evaluations can lead to a Class A or Class B medical condition classification, potentially resulting in a finding of inadmissibility.
2. Impact of DUI and Substance Use: DUI arrests or convictions can result in a Class A or Class B medical condition, which may lead to visa inadmissibility. Similarly, marijuana use, identified through an admission, arrest, or urine test, can also lead to a Class A condition and inadmissibility under INA § 212(a)(1)(A).
3. Legal Framework: The process involves various laws and agencies, including the CDC, which governs panel physicians, and the DOS, which applies the definitions of disorders and mental health concepts according to the WHO and the DSM.
4. Sources of Inadmissibility: Substance-related disorders combined with harmful behavior can lead to inadmissibility under INA § 212(a)(1)(A)(iii) and (iv). Drug abuse or addiction involving controlled substances listed in the CSA results in automatic inadmissibility without a waiver option.

Conclusion

Proactive communication and thorough preparation are essential in managing potential issues related to panel physician evaluations. By addressing these factors early with your immigration attorney can be helpful in navigating the immigrant visa process more effectively and avoid erroneous visa refusals. 

We hope you find this information valuable. If you have any questions or require legal assistance related to any of these updates, please don't hesitate to contact us. We are here to help.

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.