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:

Act Now to Avoid Upcoming Visa Restrictions: File H-1B and L-1 Extensions Without Delay

With potential changes to immigration policies under a new Trump administration, it is critical for employers and employees to act now to secure H-1B and L-1 visa extensions or amendments. We anticipate a significant increase in Requests for Evidence (RFEs), reaching over 70%, and denial rates climbing to approximately 30%. Stricter interpretations of specialty occupation criteria, changes to O*NET job classifications, and increased prevailing wage requirements are all likely under the anticipated policy shifts. Avoid delays and take advantage of the current, less restrictive environment to protect your immigration status.

The Biden administration has provided a more stable framework for visa applications, but this window of opportunity may close soon. Employers placing H-1B workers at third-party worksites should be prepared to submit extensive documentation, including contracts and statements of work, covering the full visa period. For L-1A and L-1B petitions, expect a tougher standard for demonstrating managerial roles or specialized knowledge. Failing to file timely amendments or extensions could lead to shorter visa approval durations or denials, jeopardizing both employment continuity and compliance.

USCIS Updates Guidance on Determining Custody for Children Acquiring U.S. Citizenship

The U.S. Citizenship and Immigration Services (USCIS) has issued updated guidance on the legal and physical custody requirements for children acquiring U.S. citizenship under section 320 and naturalization under section 322 of the Immigration and Nationality Act (INA). The update also expands guidance on the derivation of citizenship under former INA section 321, applicable before the Child Citizenship Act of 2000.

Key updates include:

• Expanded guidance on determining legal custody, recognizing nunc pro tunc (retroactive) corrections of custody orders, and private custody agreements.
• Clarification that a U.S. citizen parent with uncontested actual custody of a child is considered to have legal custody in the absence of judicial or statutory determinations.
• Updated definitions of physical custody, requiring that the child resides or physically lives with the U.S. citizen parent.
• Detailed clarification of legal custody and other requirements under former INA section 321.
• Confirmation that a Certificate of Citizenship cannot be issued without the Oath of Allegiance unless a waiver applies.

DHS Announces 65,000 Additional H-2B Visas for FY 2025

DHS Updates H-2A and H-2B Visa Program Eligibility List

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.