Dear Valued Clients,
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:
What Happens If the Government Shuts Down?
Congress has passed a continuing resolution (CR) to temporarily avert a government shutdown, funding the government through November 17, 2023. However, if the necessary spending bills or another CR are not passed and signed into law by this date, a government shutdown may become a possibility. If you have urgent LCA and time-sensitive PERM application needs, we recommend filing your applications promptly.
USCIS Adjustment of Status Filing Dates for December 2023
For those pursuing family-sponsored or employment-based immigration, please be aware of the USCIS Adjustment of Status Filing Dates for December 2023. The specific filing dates are available in the Department of State Visa Bulletin for December 2023.
USCIS Changes Filing Location for Form I-907 with Form I-140
Effective November 13, 2023, USCIS will change the filing location for Form I-907, Request for Premium Processing, when filed with Form I-140, Immigrant Petition for Alien Workers. Starting December 13, 2023, USCIS will reject any Form I-907 filed with Form I-140 received at the previous address. Please make sure to review USCIS.gov for accurate filing locations and avoid filing at the USCIS lockbox prior to November 13, 2023.
How to prepare for the FDNS site visit
Preparing a company and its nonimmigrant employee for an FDNS (Fraud Detection and National Security) site visit is essential to ensure compliance with immigration regulations and a smooth visit. Here are the steps to prepare:
- Understand the Purpose: Understand that FDNS site visits are conducted to verify the accuracy of the information provided in nonimmigrant visa petitions (such as H-1B or L-1) and to confirm that the employee's job duties and work location align with the approved petition.
- Review the Approved Petition: Ensure that both the company and the employee are familiar with the details of the approved visa petition. This includes the job title, job duties, work location, salary, and any other relevant information.
- Designate a Contact Person: Appoint a specific individual within the company as the point of contact for the FDNS officer during the site visit. This person should be knowledgeable about the employee's work and be prepared to answer questions.
- Prepare Documentation: Gather all relevant documents, including the approved visa petition, the employee's resume, offer letter, pay stubs, and any other supporting materials that demonstrate compliance with the visa requirements.
- Employee Training: Educate the nonimmigrant employee about what to expect during the site visit. Ensure they understand their job duties, work location, and the terms of their employment.
- Worksite Compliance: Verify that the employee is working at the location mentioned in the approved petition. If there have been changes, ensure that these changes are documented and that an amended petition has been filed, if necessary.
- Maintain Records: Keep accurate records of the employee's work, including timesheets, projects, and any changes in job responsibilities.
- Access to Documents: Be ready to provide the FDNS officer with access to the company's records and documents related to the employee's work, including contracts, client letters, and work orders.
- Site Visit Protocol: Train employees on how to handle the visit. They should be courteous and cooperative with the FDNS officer, but also understand their rights. They can request to have an attorney or representative present during the visit.
- Legal Counsel: Consider involving an immigration attorney who is experienced in FDNS site visits. They can provide guidance and represent the company and employee during the visit if needed.
- Post-Visit Follow-Up: After the visit, ensure that any information requested by the FDNS officer is promptly provided. If there are any concerns or discrepancies identified during the visit, consult with legal counsel for guidance on how to address them.
Remember that FDNS site visits are conducted to ensure compliance with immigration regulations, and preparation and cooperation are key to a successful outcome. Compliance with immigration laws is essential to maintaining a positive relationship with government agencies and ensuring that nonimmigrant employees can continue to work in the United States legally.
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.