September 08, 2023 - Weekly Immigration News Update

Posted by Keshab R. Seadie | Sep 08, 2023 | 0 Comments

Dear Valued Clients and Subscribers,

We hope this weekly update finds you well. At the Law Offices of Keshab Raj Seadie, P.C., we are committed to keeping you informed about the latest developments in immigration law that may impact you or your loved ones. Here are some important updates for this week:

Secretary Mayorkas Extends and Redesignates Temporary Protected Status for South Sudan

Secretary of Homeland Security, Alejandro N. Mayorkas, has announced a significant development regarding Temporary Protected Status (TPS) for South Sudan. Due to the ongoing armed conflict and extraordinary conditions in South Sudan that make it unsafe for individuals to return, TPS for South Sudan has been extended and redesignated. This extension will be in effect for 18 months, starting from November 4, 2023, through May 3, 2025. This decision reflects the Department of Homeland Security's commitment to providing protection and support to those affected by humanitarian crises.

DOS Announces Exhaustion of Diversity Visa (DV) Issuance Limit for FY2023

The Department of State (DOS) has issued an important update regarding the Diversity Visa (DV) program for the fiscal year 2023. As of September 5, 2023, there have been more than 54,000 issuances and adjustments of status worldwide, out of the 54,833 diversity visas allocated for FY2023. This means that the annual DV issuance limit is on track to be reached before the end of the fiscal year. If you or someone you know is participating in the DV program for FY2023, it is crucial to stay informed about this development and plan accordingly.

How to deal with an FDNS Site Visit?

An FDNS (Fraud Detection and National Security) site visit is conducted by the U.S. Citizenship and Immigration Services (USCIS) as part of their efforts to verify information provided in various employment-based visa petitions, such as H-1B or L-1 visas. These site visits are intended to ensure that the employer and employee are complying with the terms and conditions of the visa and to detect any potential fraud or misuse of the program.

Here's how both the employer and employee can prepare for an FDNS site visit:

For Employers:

  1. Documentation: Ensure that all relevant documentation related to the visa petition, including the Labor Condition Application (LCA), Form I-129, and any supporting evidence, is accurate and up to date.
  2. Communication: Inform your employees as well as end client (if applicable) about the possibility of an FDNS site visit and instruct them on how to handle it professionally.
  3. Designate a Contact: Designate a responsible point of contact within your organization who can interact with the FDNS officer during the visit.
  4. Training: Train your employees to be aware of their visa status and to provide truthful and consistent information during the visit. Let them read a copy of the visa petition letter thoroughly.
  5. Record-Keeping: Maintain accurate records of employees' work locations, job duties, and other relevant information.

For Employees:

  1. Documentation: Ensure you have copies of all relevant visa-related documents, including your visa approval notice (Form I-797) and your valid passport with visa stamp.
  2. Awareness: Be aware of your visa status and the terms and conditions of your employment, including your job role, salary, and work location.
  3. Truthful Responses: Provide truthful and consistent responses during the FDNS site visit. Avoid providing false information.
  4. Contact Employer: If you are unsure about how to respond to any questions from the FDNS officer, consult with your employer's designated contact.
  5. Professionalism: Be professional and cooperative during the visit. Treat the FDNS officer with respect and comply with their requests.

It's important for both the employer and employee to be prepared and ensure that all visa-related information is accurate and in compliance with the regulations. Being cooperative and transparent during an FDNS site visit can help facilitate a smooth process and avoid any potential issues.

At the Law Offices of Keshab Raj Seadie, P.C., we are here to assist you with any immigration-related questions or concerns you may have. Our dedicated team of legal professionals is ready to provide expert guidance and support to navigate these changes effectively.

Thank you for entrusting us with your immigration needs. We look forward to serving you in your journey toward achieving your immigration goals.

Best Regards,

Keshab Raj Seadie
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.

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