New Edition of Form I-131 Effective October 11, 2024

 

Yesterday, USCIS announced that it will introduce a new edition of Form I-131 on Oct. 11, 2024 (today),  This updated form (edition 06/17/24) replaces the previous version from 04/01/24.  

Form I-131  "Application for Travel Documents, Parole Documents, and Arrival/Departure Records" is a commonly used form for applicants to apply for travel permission from the USCIS.                                                                                                                                                         

Key Details of the Announcement

No Grace Period: 

As of October 11, USCIS will reject any applications submitted using the older 04/01/24 edition of Form I-131.

New Form Required: 

If you are filing on or after October 11, you must use the new 06/17/24 edition of Form I-131.

For Paper Filings by Mail:

Applications postmarked before October 11, 2024, using the 04/01/24 edition, will be accepted.

Applications postmarked on or after October 11, 2024, using the older form will be rejected.

Make sure to use the updated version of the form to avoid delays or rejections.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

New Guidance on EB-1 'Extraordinary Ability' Eligibility Criteria

 

On October 2, 2024, U.S. Citizenship and Immigration Services (USCIS) introduced updated policy guidance aimed at clarifying eligibility criteria for the EB-1A immigrant visa classification for individuals with extraordinary abilities.  Overall the changes are positive and encouraging for applicants who plan to submit an EB-1A petition. 

Here are the key points from the new guidance:

1. Team Awards Are Now Considered

USCIS has confirmed that team-based achievements can be included as evidence under the criterion for lesser nationally or internationally recognized prizes or awards for excellence. Previously, it was unclear whether team awards could qualify, but this update clarifies that participation in team awards can strengthen an applicant's case for extraordinary ability.

2. Clarification on Past Memberships

Another significant clarification involves the membership criterion. USCIS will now consider an individual’s past memberships in associations or organizations that require outstanding achievements as evidence of extraordinary ability. This is an important change, as it expands the evidence pool to include historical memberships that demonstrate expertise and recognition in the field.

3. Changes to the Published Material Requirement

USCIS has also revised its approach to the published material criterion. Previously, the language suggested that published material about an applicant must highlight the value and impact of their contributions. However, the new guidance removes this requirement, streamlining the way published material can be used as evidence. This makes it easier for applicants to submit media coverage or reports about their work without needing to prove a direct connection to its significance.

4. Non-Artistic Exhibitions Limited

Regarding the criterion for exhibitions, USCIS clarified that the term “exhibition” as used in its regulations is limited to artistic exhibitions. While the general dictionary definition of "exhibition" includes public displays beyond the arts, USCIS will now only consider non-artistic exhibitions as part of a "properly supported" claim of comparable evidence. This change emphasizes the importance of properly supporting claims of extraordinary ability, especially when referencing exhibitions in fields other than art.

Building on Previous Guidance

The policy update is now part of the USCIS Policy Manual and is binding, replacing any previous guidance related to these criteria. This change represents a significant step toward making the EB-1 process clearer and more accessible for individuals seeking permanent residency based on their exceptional talents. As the policy is effective immediately, those planning to submit EB-1 petitions should familiarize themselves with the updated guidance to ensure they are presenting the strongest possible case.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule legal consultation.) 

PDF Filing Option for I-765 EAD Applicants

 

As of October 8, USCIS has rolled out a new, streamlined PDF filing option. This fresh approach allows eligible applicants to upload their completed Form I-765, along with the required supporting documents, directly through their USCIS online accounts. For the first time, you can also electronically file Form I-912, Request for Fee Waiver, making the process more convenient for those seeking a fee waiver.

Who Can Use the New PDF Filing Option?

The new option is available for applicants in the following categories:

• (a)(12): Holders of Temporary Protected Status (TPS).
• (c)(8): Individuals with asylum applications pending since January 4, 1995, or later.
• (c)(9): Family-based and employment-based applicants waiting to adjust their status under Section 245 of the Immigration and Nationality Act.
• (c)(11): Parolees.
• (c)(19): Applicants with initial TPS applications pending, who USCIS has deemed prima facie eligible for TPS, allowing them to receive an EAD as a temporary benefit.

A Heads-Up for (c)(9) Applicants: Fee Exemption Warning

If you're filing under the (c)(9) category and are eligible for a fee exemption, steer clear of the PDF option for now. If you proceed and pay the fee through the new system, there's no turning back – USCIS will not issue refunds. Fee-exempt applicants should stick with paper applications and mail them to the designated address listed on the USCIS website.

Who Gets the Fee Waiver?

The following (c)(9) applicants are exempt from paying the filing fee for Form I-765:

• Special Immigrant Juveniles.
• T nonimmigrants.
• Special Immigrant Iraqi or Afghan nationals.
• Abused spouses or children under the Cuban Adjustment Act or the Haitian Refugee Immigration Fairness Act.
• U nonimmigrants.
• Violence Against Women Act (VAWA) self-petitioners.
• Refugees, parolees, or lawful permanent residents with refugee status.

Manage Your Case with Ease

The new PDF filing option is a positive development for immigrant users.  As with any new features, we expect some hiccups at the beginning.  If you're more comfortable sticking with paper, the traditional mail-in filing option remains available.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

New Visa Services Launched for Certain European and African Countries

 

On September 30, 2024, the U.S. Department of State (DOS) launched a new visa appointment system called AVITS, aimed at improving services for visa applicants. The system is currently active in several countries, including:

Belgium, Burkina Faso, Cameroon, Côte d'Ivoire, the Democratic Republic of the Congo, France, The Gambia, Ghana, Liberia, Nigeria, The Netherlands, Rwanda, Senegal, and Sierra Leone.

For those with previously scheduled appointments in the old system, the existing appointments remain valid, and instructions for creating a new account will be sent to the registered email. However, there are reports regarding issues with the new system, including payment problems and difficulties booking appointments using certain USCIS receipt numbers.

The new system can be accessed at: https://www.usvisaappt.com/visa/.  Applicants are encouraged to visit the local U.S. Embassy websites for FAQs and updates.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

The 2026 Diversity Visa Program Opens October 2, 2024

 

The Diversity Visa Program is an American immigrant visa program created by Section 203(c) of the Immigration and Nationality Act to promote diversity.  It is also known as the "Green Card Lottery." It is an annual program which opens to all individuals worldwide, with approximately 55,000 visas available. The DV-2026 program opens on October 2, 2024. 

What are the costs?

The lottery is free of charge to enter. It is an official U.S. government immigration program supervised by the U.S. Department of State. The department has set up an official website where all applications have to be submitted. 

Who is eligible to apply?

For DV-2026, natives of the following countries are not eligible to apply because there were more than 50,000 people immigrated to the United States from these countries in the previous five years:

Bangladesh, Brazil, Canada, The People’s Republic of China (including mainland and Hong Kong born), Colombia, Cuba, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, Republic of Korea (South Korea), Venezuela, and Vietnam.   

Despite the fact that people born in mainland China and Hong Kong are not eligible for DV-2026, those who were born in Macau SAR and Taiwan are eligible to apply.  United Kingdom and its dependent territories are eligible countries for DV-2026.

If one was not born in an eligible country, there are two other ways that the person may quality to apply:

(1) If the person's spouse was born in an eligible country, then the person can claim the spouse's country of birth as their birth country to apply.   

(2) If an applicant was born in an ineligible country, he may claim one of his parents' eligible country of birth if two requirements are met:  a) Neither of the applicant's parents were born in applicant's country of birth, and b) Both parents were not legal residents of applicant's country of birth at the time when the applicant was born.  For example, if an applicant was born in mainland China, but her parents were born in Malaysia (an eligible country).  As long as both parents were not legal residents of China when applicant was born, the applicant may claim Malaysia as her birth country for DV-2026.

What are the education and work experience requirements?

An applicant must either have a high school education or its equivalent, defined as successful completion of a 12-year course of elementary and secondary education; or two years of work experience within the past five years in an occupation requiring at least two years of training or experience to perform.

When and how to submit an entry?

Entries for the DV-2026 program must be submitted electronically. Applicants may access the electronic DV Entry Form (E-DV) at dvprogram.state.gov during the registration period. Paper entries will not be accepted. DV-2026 registration began at 12:00 pm (EST) on October 2, 2024, and will continue until 12:00 pm (EST) on November 5, 2024.  A unique confirmation number will be issued after an application has been successfully submitted.

What information is required?

Principal entrants are required to provide their biographic information including: their name, date of birth, city and country of birth, mailing address, email address, country of residence, marital status, country of eligibility, spouse and children's information, the highest level of education, information about their passport, etc.  They must also submit a digital photo that meets the program technical requirements.

How to find out the results of the lottery?

The U.S. State Department will use a computerized random selection process to select winners from among qualified entries.  All entrants must go to the Entrant Status Check using the unique confirmation number saved from their DV-2026 online entry registration to find out whether their entry has been selected in the DV program.   Entrant Status Check will be available on the E-DV website at dvprogram.state.gov from May 3, 2025, through at least September 30, 2026.  Selectees will be directed to a confirmation page with further instructions to proceed.

 How to improve the odds for selection?

The DV program has very strict technical requirements for submission. Entries not following the official instructions and requirements will be rejected and disqualified. Furthermore, fraudulent or multiple entries will be rejected. To legally improve the odds for selection, all eligible family members should enter the lottery.  Do not wait until the last week of the registration period to enter. Heavy demand may result in website issues and delays. When in doubt, don't hesitate to seek advice from a qualified immigration attorney.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

New Reporting Requirements for Small and Family Businesses

 

Small and family businesses must comply with the requirements of a new law called the Corporate Transparency Act (CTA), which went into effect on January 1, 2024.  Aimed at combating money laundering, terrorism financing, tax evasion, and other illegal activities, the CTA requires certain companies, including small and family-owned businesses, to disclose detailed ownership information to the U.S. Department of the Treasury.  Here's what you need to know for compliance:

Who Must File Under the CTA?

The CTA applies to a wide range of businesses, particularly smaller companies that may not be accustomed to such regulations. Any corporation, limited liability company (LLC), or similar entity created in the U.S. or registered to do business in the U.S. is generally required to file.

However, some exemptions exist, which we’ll cover below. The primary businesses affected are smaller and family-owned companies that are often structured as LLCs or S-Corps. If your business employs fewer than 20 full-time employees, has less than $5 million in gross receipts, and does not operate in a highly regulated industry, you are generally required to file.

Basic Filing Requirements and Information Needed

Companies required to file must submit a Beneficial Ownership Information (BOI) report to FinCEN. This report must include, full legal name, date of birth, current residential or business address, and a unique identifying number from an acceptable identification document, such as a passport or driver's license.

The beneficial owner is defined as any individual who either owns or controls at least 25% of the company, or exercises substantial control over the company’s operations.  In smaller or family businesses, this could mean family members, shareholders, or partners who hold significant influence over the company.

Filing Deadlines

Businesses that were already in existence before January 1, 2024, have until January 1, 2025, to file their initial BOI report.  Any business formed on or after January 1, 2024, must file their BOI report within 30 days of the date of formation or registration.

Penalties for Non-Compliance

Failing to comply with the CTA's filing requirements can lead to severe penalties including civil penalties of up to $500 per day for each day the violation continues, and criminal penalties of fines up to $10,000 and imprisonment for up to two years for willfully providing false information or failing to report beneficial ownership details.

Exemptions to the CTA

While the CTA applies to a wide range of entities, certain organizations are exempt from its filing requirements. Exempt entities include: (1) Businesses with more than 20 full-time employees and more than $5 million in gross receipts; (2) Highly regulated entities such as banks, credit unions, insurance companies, and (3) publicly traded companies that already provide ownership information to other regulatory agencies are exempt.  Further, companies that have been inactive for over a year and no longer conduct business are also exempt.

Conclusion

The Corporate Transparency Act is a significant new regulation that small and family-owned businesses must understand to avoid penalties. While the purpose of the CTA is to increase transparency and prevent financial crimes, its scope means that even well-intentioned businesses must now meet new reporting requirements.  Stay informed and compliant is critical.  

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

TN Visa for Canadian and Mexican Nationals

 

The TN visa is a popular option for professionals from Canada and Mexico who want to work in the United States under the United States-Mexico-Canada Agreement (USMCA), which replaced NAFTA. This non-immigrant visa category allows eligible applicants to work in the U.S. in certain designated professional occupations, making it an attractive pathway for skilled workers.

Benefits of the TN Visa

No Visa Cap: Unlike other U.S. work visas, such as the H-1B, the TN visa has no annual limit, meaning more applicants have the opportunity to work in the U.S. without waiting for lottery results.   

Quick Processing: TN visas can be processed quickly, with many Canadian citizens able to apply directly at the U.S. border and receive immediate approval. Mexican citizens can apply through U.S. consulates, with generally fast processing times.

Multiple Renewals: A TN visa is initially valid for up to three years and can be renewed indefinitely, as long as the applicant continues to meet the visa's requirements. This offers long-term stability for professionals seeking to work in the U.S.

Expanded Job Opportunities: Positions that do not qualify for H-1B, such as graphic designer and hotel manager, also qualify. 

Dependent Visas: Dependent spouses and children can also live and study in the United States.

Requirements for the TN Visa

To be eligible for the TN visa, applicants must meet the following criteria:

Citizenship: The applicant must be a citizen of either Canada or Mexico. Permanent residents of these countries are not eligible.

Qualifying Profession: The job offer must be in one of the professions listed in the USMCA's designated categories. These include fields like engineering, accounting, law, science, and more. A full list of eligible professions can be found in the TN visa guidelines.

Job Offer: Applicants must have a valid, pre-arranged job offer from a U.S. employer for a full-time or part-time role in one of the qualifying professions. Self-employment is not allowed under TN visa rules.

Credentials: Applicants must have the necessary educational qualifications or credentials to meet the requirements for the specific professional occupation. Typically, this means having a degree or equivalent certification in the relevant field, except the position of a management consultant.

Temporary Intent: The TN visa is a non-immigrant visa, meaning the applicant must demonstrate an intent to return to their home country once the visa expires, though indefinite renewals are possible.

Application Process

For Canadian Citizens, they may apply directly at a U.S. Customs and Border Protection (CBP) point of entry, such as an airport or land border, with all required documents. There is no need for a visa to be issued beforehand.  The border officer will review the documents and decide on the spot. If approved, you can enter the U.S. and start working immediately.

Mexican citizens must apply for a TN visa at a U.S. consulate or embassy. This involves submitting the DS-160 form, scheduling an interview, and providing the required documentation, similar to Canadian applicants. After the TN visa is issued after the interview,  Mexican citizens can enter the U.S. and begin working for the employer listed in the application.

Tips for a Successful Application

It is important that the job offer letter from your U.S. employer clearly outlines your job duties, salary, and employment terms. The letter should also specify how the job fits into one of the qualifying TN professions, and how the applicant qualifies for it.  Although TN visas can be renewed indefinitely, they are still temporary. Be prepared to show ties to your home country, such as property, family, or financial obligations, to demonstrate that you do not intend to permanently immigrate. 

Whether you're applying at a U.S. consulate or at the border, be ready for questions about your job offer, qualifications, and intent to return to your home country. Have all your documentation organized and easily accessible. Keep track of your visa expiration date and begin the renewal process well in advance to avoid any gaps in your work authorization.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

New Guidance for F/M Student Visa Classification

On August 27, 2024, the U.S. Citizenship and Immigration Services (USCIS) issued updates to its guidance on F and M nonimmigrant student classifications. This update focuses on various aspects of student eligibility for Optional Practical Training (OPT), particularly for students in Science, Technology, Engineering, and Mathematics (STEM) fields. It also provides important clarifications on online study, school transfers, the grace period, and study abroad, making it easier for foreign students and educational institutions to comply with the legal requirements.

Online Classes

The updated guidance confirms that F and M nonimmigrant students may count one class or three credits (or their equivalent) per academic session toward a full course of study if taken online or through distance learning. This flexibility applies as long as the course does not require physical attendance for any part of its completion. This update is particularly beneficial for students juggling online and in-person coursework and reflects the increasing prevalence of online education​. 

School Transfers and Grace Period Adjustments

The new guidance clarifies the process for transferring between schools. Students can transfer between SEVP-certified schools at the same educational level or move between different educational levels.  Additionally, during the 60-day grace period following the completion of OPT, students may change their educational level, transfer to another SEVP-certified school, or file applications with USCIS to change to a different nonimmigrant or immigrant status. This grace period provides much-needed flexibility for students transitioning between educational programs or immigration statuses​. 

STEM OPT Extensions and Application Periods

For students in STEM fields, the USCIS made technical corrections regarding STEM OPT extensions, updating the period during which students may apply. This ensures that students have clear and accurate timelines for applying, making the process more streamlined. Additionally, the update reinforces that students may be eligible for post-completion OPT after completing an associate’s, bachelor’s, master’s, or doctoral degree, broadening opportunities for students at all educational levels​.  

USCIS guidance attempts to correct the time period during which the application for STEM OPT extension may be submitted.  It is clear that F-1 students may submit a Form I-765 EAD application up to 90 days before the expiration of the F-1 student’s current post-completion OPT EAD.  However, as of 09/23/2024, there is inconsistent information regarding the number of days during which the STEM-based I-765 must be submitted after the DSO enters the STEM OPT recommendation into SEVIS.  While USCIS Policy Manual is showing 30 days, the I-765 form instructions and DHS "StudyInTheStates" website are showing 60 days.  We recommend clients to follow the more restrictive 30-days filing window.

Study Abroad Programs

For students participating in study abroad programs, the guidance offers clarity on maintaining SEVIS  status. Students enrolled in SEVP-certified schools can remain active in SEVIS during study abroad programs lasting less than five months. However, if the program exceeds five months, a new Form I-20 will be required, ensuring students maintain their legal status during extended periods abroad​. 

Conclusion

The August 2024 updates to USCIS guidance for F and M nonimmigrant students provide additional clarity and flexibility of rules surrounding OPT, online education, school transfers, and study abroad. The rules for F and M international students are generally complicated and unforgiving.  It is critical that foreign students pay close attention to all the rules and regulations, and keep in close contact with their school Designated Student Officer (DSO).  When in doubt, do not hesitate to contact an experienced immigration attorney for further guidance.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Green Card Renewal Extension Valid for 36 Months

 

USCIS has updated its policy regarding green card renewals.  Starting Sept. 10, 2024, USCIS has automatically extended the validity of a permanent resident's green card to 36 months, upon filing of the Form I-90, Application to Replace Permanent Resident Card.    The extension is reflected in the filing receipt notice, which can be used as temporary proof of lawful permanent resident status for employment, travel and other purposes.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

October 2024 Visa Bulletin: EB-3 (Except China & India) Advances by Two Years

October marks the beginning of the new fiscal year, with the new annual allotment of immigrant visas.  EB-3 for all countries (except China and India) advances by almost two years to November 15, 2022. While India EB-3 advances by only 8 days, China EB-3 actually retrogresses by 5 months to April 1, 2020. 

For family-based cases, F2A worldwide shows a mild advancement, and most of the categories hold steady. 

USCIS to honor dates for filing for both family-based and employment-based cases. 

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based		Other Countries	China	India	Mexico	Philippines
F1	AD	10/22/2015	10/22/2015	10/22/2015	01/01/2003	03/01/2012
	FD	09/01/2017	09/01/2017	09/01/2017	10/01/2005	04/22/2015
F2A	AD	11/22/2021	11/22/2021	11/22/2021	03/08/2021	11/22/2021
	FD	07/15/2024	07/15/2024	07/15/2024	07/15/2024	07/15/2024
F2B	AD	05/01/2016	05/01/2016	05/01/2016	01/15/2005	10/22/2011
	FD	01/01/2017	01/01/2017	01/01/2017	08/01/2005	10/01/2013
F3	AD	04/01/2010	04/01/2010	04/01/2010	08/22/2000	09/08/2002
	FD	07/01/2011	07/01/2011	07/01/2011	06/15/2001	05/08/2004
F4	AD	08/01/2007	08/01/2007	03/01/2006	02/22/2001	02/01/2004
	FD	03/01/2008	03/01/2008	06/15/2006	04/30/2001	08/01/2006

1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)

Employment-based		Other Countries	China	India	Mexico	Philippines
EB-1	AD	C	11/08/2022	02/01/2022	C	C
	FD	C	01/01/2023	04/15/2022	C	C
EB-2	AD	03/15/2023	03/22/2020	07/15/2012	03/15/2023	03/15/2023
	FD	08/01/2023	10/01/2020	01/01/2013	08/01/2023	08/01/2023
EB-3	AD	11/15/2022	04/01/2020	11/01/2012	11/15/2022	11/15/2022
	FD	03/01/2023	11/15/2020	06/08/2013	03/01/2023	03/01/2023
Other Workers	AD	12/01/2020	01/01/2017	11/01/2012	12/01/2020	12/01/2020
	FD	05/22/2021	01/01/2018	06/01/2013	05/22/2021	05/22/2021
EB-4*	AD	01/01/2021	01/01/2021	01/01/2021	01/01/2021	01/01/2021
	FD	02/01/2021	02/01/2021	02/01/2021	02/01/2021	02/01/2021
EB-5	AD	C	07/15/2016*	01/01/2022*	C	C
	FD	C	10/01/2016	04/01/2022	C	C

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)

*Visa numbers for Certain Religious Workers will be "Unavailable" in October.

5th: Employment Creation (Investors)

*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Remote H-1B Workers Should take Precautions When Moving

 

The COVID-19 pandemic brought about a paradigm shift in the professional landscape, with remote work and telecommuting becoming widespread. As businesses adapted to social distancing protocols and technology rapidly advanced, many employers embraced remote work as a permanent option. This shift was not limited to U.S. citizens or permanent residents but also impacted professionals on non-immigrant visas, such as those holding H-1B status.

H-1B Workers and the Rise of Remote Work

Among the professional workforce, H-1B visa holders, who are often employed in fields like IT, engineering, and finance, found themselves working remotely, sometimes from home. While the ability to work from home offered flexibility and safety during the pandemic, it also introduced new considerations related to compliance with immigration laws, especially concerning the "Place of Employment" listed on their H-1B petitions and associated Labor Condition Applications (LCA).

"Place of Employment" in H-1B Petitions and the LCA

In an H-1B petition, the "Place of Employment" refers to the physical location where the employee will perform their work. The U.S. Department of Labor (DOL) requires that the employer file an LCA specifying the intended worksite, which determines the prevailing wage for the position in that geographic area. The "Place of Employment" is a critical element in the petition, as it helps ensure that H-1B workers are being paid in accordance with local wage standards and that they are working in conditions consistent with U.S. labor laws.

The Requirement to Report Changes to USCIS

When an H-1B worker's place of employment changes, including switching to a new physical location for remote work, it is crucial that this change be reported to U.S. Citizenship and Immigration Services (USCIS) through an amendment. A failure to do so may result in the employee being out of status. An H-1B amendment is needed when there is a "material change" to the terms and conditions of the employment, and moving to a new worksite or home office in a different metropolitan statistical area (MSA) constitutes such a change. Although there are some exceptions, a remote H-1B worker who moves permanently to a location not listed in the original petition should have the employer file an amendment to reflect the new worksite before the move. 

USCIS Site Visits and Fraud Investigations

Another critical aspect of H-1B compliance is USCIS' ongoing efforts to monitor and investigate potential fraud or abuse within the H-1B program. USCIS fraud investigators frequently conduct unannounced visits to the worksites of H-1B employees to ensure that the employee is working in the location and under the conditions specified in the LCA and the H-1B petition. These visits often involve interviews with the employer and employee and can include a review of employment records.

Instances of H-1B visa holders working from an unreported location, whether from home or another remote office, have drawn increased scrutiny. A failure to update the "Place of Employment" can lead to a finding that the employee is in violation of their visa status, which can result in severe consequences, including visa revocation and potential removal from the U.S.

Precautionary Steps for H-1B Remote Workers

In light of these considerations, H-1B visa holders who work remotely must take proactive steps to ensure they remain in compliance with immigration laws. Specifically, they should:

• Confirm that their current place of employment is listed in the LCA and the H-1B petition.
• Promptly notify their employer and attorney of any plans to relocate, even temporarily.
• Ensure that the employer files an amendment with USCIS before moving to a new location, particularly if the new location is outside the MSA listed on the petition.
• Keep detailed records of communications with their employer regarding any location changes.
• Failure to follow these steps could risk the employee's legal status, which could disrupt both their employment and ability to remain in the U.S.
• 
  

Conclusion

The rise of remote work offers flexibility and convenience, but for H-1B visa holders, it also requires heightened attention to compliance with immigration rules. By understanding the importance of the "Place of Employment" and the need to report changes through an amendment, H-1B workers can avoid unintentional violations of their visa status. In the current environment of increased USCIS oversight and fraud investigations, it is more important than ever for H-1B visa holders to ensure they are following all regulatory requirements related to their worksite.

(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)