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:
Government Shutdown Impact on H-1B Processing: Critical Options for Employees with Expiring Status
CRITICAL SITUATION: GOVERNMENT SHUTDOWN HALTS LCA PROCESSING:
Due to the ongoing federal government shutdown, the U.S. Department of Labor (DOL) has suspended all Labor Condition Application (LCA) processing through the FLAG system.
Because USCIS requires a certified LCA at the time of filing any H-1B petition (initial, transfer, amendment, or extension), this shutdown temporarily prevents new or transfer H-1B filings.
This creates an immediate problem for individuals:
- Whose current employment has ended,
- Who are in their 60-day grace period,
- Whose I-94 expires during the shutdown, or
- Who are awaiting start of new H-1B employment.
Without a certified LCA, H-1B transfer petitions cannot be filed.
WHO IS AFFECTED?
This situation affects:
- H-1B employees changing employers (“H-1B transfers”)
- Individuals currently in their 60-day grace periodafter job loss
- H-1B workers with I-94 expirations during the shutdown
- New H-1B beneficiaries filing for change of status
- H-1B amendment or relocation cases requiring a new LCA
YOUR TWO STRATEGIC OPTIONS:
To protect employee status and preserve immigration eligibility, we recommend the following two legal strategies:
OPTION 1: File H-1B After Government Reopens + Request Nunc Pro Tunc Relief:
What is Nunc Pro Tunc?
Nunc pro tunc means “now for then.” It allows USCIS to grant retroactive approval when an applicant was unable to file on time due to extraordinary circumstances beyond their control.
How This Strategy Works:
- Wait until the government reopens and DOL resumes LCA certifications.
- Immediately submit the LCA (certification normally takes about 7 days).
- File the H-1B petition with the certified LCA.
- Include a detailed attorney letter requesting nunc pro tunc discretionary relief.
- Demonstrate that the delay was caused solely by the government shutdown.
- Request USCIS to backdate the petition to preserve continuity of employment and status.
Required Documentation for Nunc Pro TuncRequest:
Attorney Cover Letter Should Include:
- Timeline of prior employment termination and 60-day grace period calculation.
- Proof that the LCA was prepared but could not be filed due to the DOL shutdown.
- Screenshots of DOL FLAG system outage messages.
- Government notices confirming suspension of LCA processing.
- Employer’s confirmation that the job offer remained open throughout the delay.
- Argument establishing that the shutdown was an extraordinary circumstance beyond the beneficiary’s control.
Legal Basis:
USCIS may approve nunc pro tunc filings under 8 C.F.R. § 214.1(c)(4) when:
The delay in filing was due to extraordinary circumstances beyond the control of the applicant or petitioner, and the delay is commensurate with the circumstances.”
Examples of recognized extraordinary circumstances include:
- Natural disasters
- Government shutdowns
- USCIS or DOL system outages
- Official government error or inaccessibility
OPTION 2: Explore Short-Term Status Preservation Alternatives:
If waiting for DOL certification is not feasible, individuals may consider:
- Filing a Change of Status to B-1/B-2 visitor while awaiting H-1B eligibility, or
- Departing the U.S. and filing the H-1B from abroad once LCAs resume, followed by consular processing.
Each case must be evaluated individually to avoid status gaps and preserve work authorization eligibility.
NEXT STEPS:
Employers and employees should:
- Immediately contact our office if your H-1B worker’s grace period or I-94 expires within the next 30 days.
- Prepare LCA documentation now so it can be filed the moment DOL reopens.
- Maintain records of all attempted filings and communications during the shutdown.
Our attorneys are closely monitoring government operations and will provide updates as soon as DOL resumes LCA processing.
Federal Government Enters Shutdown, Most Immigration Services Continue
The federal government has entered a partial shutdown after Congress failed to pass a Fiscal Year 2026 appropriations bill or a temporary stopgap measure by September 30. While many federal operations have ceased, most immigration services remain functional—though with certain suspensions and possible delays.
Key Impacts on Immigration Operations:
Department of Labor (DOL):
- All DOL immigration-related functions are suspended. This includes processing of PERM labor certifications, LCAs, and prevailing wage determinations. The FLAG system is offline and will not accept filings or audit responses until Congress funds the department.
U.S. Citizenship and Immigration Services (USCIS):
- USCIS remains open and operational as a fee-funded agency. However, Director Edlow announced that processing times may slow down due to resource reallocation, and public-facing services—such as interviews, ceremonies, and customer service—may experience delays.
- USCIS stated that it will consider the government shutdown an “extraordinary circumstance” beyond a petitioner’s control when evaluating whether to excuse late filings of extension or change of status requests. Petitioners must still meet all other eligibility requirements to qualify for this consideration.
Department of State (DOS):
- Visa and passport processing will continue both domestically and abroad, funded by application fees. However, some domestic passport offices in closed federal buildings may be affected, and longer shutdowns could cause service interruptions.
Customs and Border Protection (CBP):
- CBP operations—including ports of entry and border inspections—remain open. TN and L visa applications for Canadians continue to be processed.
Immigration and Customs Enforcement (ICE):
- ICE enforcement and the SEVIS system for international students remain active.
E-Verify:
- Although the program’s authorization expired on September 30, E-Verify has resumed operations. DHS provided updated guidance to help employers comply with delayed verification timelines.
Other Programs:
- The EB-4 non-minister religious worker and Conrad 30 physician waiver programs have expired pending congressional reauthorization.
- The SAVE system, used by agencies to verify immigration status, remains operational.
Bottom Line:
While USCIS and most immigration services continue to operate during the shutdown, Department of Labor functions are fully halted, delaying H-1B, PERM, and prevailing wage filings. Applicants and employers should expect slower processing and monitor agency announcements for further updates.
Increased Scrutiny at U.S. Ports of Entry: How to Travel and Reenter Safely on L-1, H-1B, or F-1 OPT/STEM OPT
Recent reports indicate that U.S. Customs and Border Protection (CBP) officers have ramped up their scrutiny of nonimmigrant visa holders—including H-1B, L-1, and F-1 OPT/STEM OPT travelers—upon arrival at U.S. airports and land ports of entry. Even those with valid visas and approved petitions are being sent to secondary inspection, where CBP officers conduct intensive background checks, review personal devices, and examine LinkedIn profiles, resumes, and other records to confirm visa compliance.
In extreme cases, travelers have been issued expedited removal orders (EROs)—which carry a five-year reentry bar—if officers believe a traveler misrepresented their purpose of entry or violated visa terms. Understanding how to prepare for reentry is critical for all nonimmigrant professionals.
1. Travel Preparation: Documents to Carry:
Before departing the U.S., ensure you have the most recent and original documentation ready for inspection. Carry the following in your hand luggage:
For H-1B and L-1 Visa Holders:
- Valid passport (valid at least six months beyond entry date).
- Visa stamp (if required; valid and unexpired).
- I-797 approval notice (original and copy).
- Employment verification letter from your current employer
- Recent pay stubs (3–6 months) and W-2 from the most recent year.
- Client letter or end-client confirmation (if working at a third-party site).
- Copy of LCA (for H-1B holders).
For F-1 OPT/STEM OPT Holders:
- Valid passport and F-1 visa
- Form I-20 endorsed by the DSO within the last 6 months for reentry.
- OPT/STEM OPT EAD card.
- Employment verification letter showing job title, duties, and employer’s E-Verify number.
- I-983 training plan (for STEM OPT).
- Pay stubs and offer letter.
2. During Inspection: What to Expect:
Upon arrival, primary inspection typically lasts only a few minutes. However, CBP officers have wide discretion to refer you to secondary inspection if they wish to:
- Verify your employment details or SEVIS records.
- Review your electronic devices (phones, laptops, social media).
- Examine your LinkedIn or resume to ensure consistency with your visa category.
- Ask detailed questions about your job duties, client location, or prior immigration history.
If referred to secondary inspection, remain calm and cooperative. Answer questions truthfully but avoid volunteering unnecessary information. You have the right to decline to unlock personal accounts or devices, though refusal may delay processing.
3. Red Flags That May Trigger Secondary Inspection:
CBP officers have been increasingly aggressive in questioning travelers whose records raise doubts. Common triggers include:
- Discrepancies between your visa petition and your actual job duties or client site.
- Frequent job changes or gaps in employment without status updates.
- Criminal arrests or pending cases, even if dismissed.
- Old resumes or LinkedIn profiles showing conflicting job information.
- Unauthorized employment during OPT or STEM OPT.
- Social media posts suggesting self-employment or side businesses without work authorization.
4. Understanding Expedited Removal (ERO):
An expedited removal order is one of the harshest outcomes at a port of entry. It can be issued on the spot if a CBP officer concludes that:
- You misrepresented your purpose of entry, or.
- You are inadmissible for visa violations or unauthorized employment.
Once issued, an ERO carries a five-year ban on reentry to the U.S. and is extremely difficult to overcome.
If you are detained or face the possibility of an ERO:
- Politely request to withdraw your application for admission instead of being removed.
- Do not sign any documents you don’t understand.
- Contact an immigration attorney immediately before signing or accepting removal.
5. Best Practices for Safe Reentry:
- Update all professional profiles (LinkedIn, resumes) to match your current visa and job.
- Avoid carrying unnecessary devices or data that could be misinterpreted.
- Keep employer contact information handy for verification calls.
- Avoid travel if you have a pending criminal matter or recent status violation.
- Consult an attorney before travel if you changed employers, filed an amendment, or have unresolved immigration issues.
6. Key Takeaway:
The current enforcement environment demands utmost caution and transparency from foreign professionals reentering the U.S. Even minor inconsistencies or outdated information can trigger lengthy questioning—or worse, expedited removal. At the Law Offices of Keshab Raj Seadie, P.C., we advise clients to conduct a pre-travel compliance review of all immigration documents, resumes, and online profiles before international travel. Our firm has guided thousands of H-1B, L-1, and F-1 professionals through successful reentries by ensuring their documentation aligns perfectly with their authorized employment.November 2025 Visa Bulletin – No Movement Across EB Categories; USCIS Confirms Use of Dates for Filing
The U.S. Department of State has released the November 2025 Visa Bulletin, showing no movement in the employment-based (EB) immigrant visa categories compared to the October bulletin. The U.S. Citizenship and Immigration Services (USCIS) has also confirmed that it will continue to accept adjustment of status applications (Form I-485) based on the Dates for Filing chart for all EB categories in November.
Key Highlights from the November 2025 Visa Bulletin:
EB-1 – Priority Workers:
- China: December 22, 2022
- India: February 15, 2022
- All other countries: Current
EB-2 – Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:
- China: April 1, 2021
- India: April 1, 2013
- All other countries: December 1, 2023
EB-3 – Professionals and Skilled Workers:
- China: March 1, 2021
- India: August 22, 2013
- All other countries: April 1, 2023
EB-5 – Immigrant Investors:
- Unreserved (C5, T5, I5, and R5):
- China: December 8, 2015
- India: February 1, 2021
- All other countries: Current
- Set-Aside Categories (Rural, High Unemployment, and Infrastructure): All countries remain current
USCIS Implements $1,000 Immigration Parole Fee Under H.R. 1
U.S. Citizenship and Immigration Services (USCIS) has announced the implementation of a new immigration parole fee mandated by the H.R. 1 Reconciliation Bill, marking a significant change in how parole requests are processed.
Under the new rule, effective October 16, 2025, individuals granted parole or re-parole into the United States will be required to pay a $1,000 fee, subject to annual inflation adjustments. The Department of Homeland Security (DHS) formalized the new requirement through a Federal Register notice issued on October 15, 2025.
Key Highlights:
- Effective Date: October 16, 2025.
- Amount: $1,000 (FY 2025), adjusted annually for inflation.
- Applicability: Individuals granted parole or re-parole while physically present in the United States.
- Payment Timing: The fee must be paid after USCIS approval notification, not when filing Form I-131.
- Non-Payment Consequence: USCIS will not grant parole unless the required fee is paid within the specified timeframe.
- Exceptions: Certain categories may qualify for exemptions as detailed in the Federal Register.
Official Statement:
Despite the ongoing government shutdown, USCIS emphasized its commitment to continuing critical immigration operations. “Our critical work does not stop during the Democrats’ government shutdown. We remain steadfast in protecting our homeland by upholding lawful immigration,” DHS stated in its release.
What Applicants Should Know
Applicants should not pay the parole fee when submitting Form I-131. Instead, USCIS or Customs and Border Protection (CBP) will issue specific payment instructions once a parole or re-parole request is ready for approval. Failure to comply will result in denial of parole.
Further details, including exceptions and agency collection procedures, can be found in the official Federal Register notice published by DHS
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.
