New Rule on Civil Fines for Immigration Violations

DHS issued an interim final rule to speed up the civil fine process on immigration violations, targeting both individuals and companies.   The rule is expected to be published on Friday, 6/27/2025, and will take effect immediately. 

The new penalty amounts apply to violations assessed after January 2, 2025, for violations occurring after November 2, 2015. The rule targets individuals and entities who violate U.S. immigration laws, including:  

• Individuals who enter the U.S. illegally
• Those who fail to depart after an order of removal or voluntary departure
• Employers who knowingly hire or continue to employ unauthorized workers
• Persons committing document fraud related to immigration.

Civil Fines for Immigration Violations

A person can be fined from $100 to $500 for each time they enter the U.S. illegally.  Individuals who fail to depart voluntarily as ordered will be fined between $1,992 and $9,970, and those who fail to depart pursuant to a removal order will be fined up to $998.  Fines are adjusted annually for inflation.

Employers are also subject to civil penalties for hiring undocumented workers.  For 2025, penalties for knowingly employing undocumented workers range from $716 to $5,724 for a first offense. Fines will increase substantially for second and subsequent offenses.  In fact, the employer can be subject to criminal prosecution for knowingly hiring unauthorized workers.

There are other immigration-related civil penalties. Fines for I-9 violations, document fraud, and related offenses are also increased. Currently, the fines range from $288 to $2861 for one violation.  I-9 violations, or paperwork violations, are common among smaller employers. They often fail to properly or timely complete the I-9 form for new hires. The law requires that they must properly complete the I-9 form within three days of the start date of employment. Or, sometimes, they are confused about what documents they may accept to verify an employee's identity or employment eligibility, which would also result in violations and fines. 

Notice and Collection Process

The new rule streamlines and expedites the penalty process, allowing DHS/ICE to issue and collect fines more quickly.  Individuals and entities will receive formal notice of the alleged violation and the proposed penalty, consistent with administrative procedures. Notices can be sent to parties by regular mail rather than certified mail.  Notices will specify the violation, the amount of the penalty, and information on how to respond or appeal.  Affected parties will only have 15 days to file an appeal, instead of the previous 30 days.  Further, instead of having the Board of Immigration Appeals handle appeals, DHS now has the authority to review these appeals.

Purpose and Impact

The rule is intended to deter unlawful entry and related violations by increasing the speed and certainty of civil penalty enforcement.  It also aims at punishing individuals who fail to depart the United States after they have been granted voluntary departure or ordered deported.  The streamlined process aims to allow DHS to impose more penalties, more quickly, and thereby enhance deterrence. 

In Summary

The new DHS rule increases civil fines for a range of immigration-related violations, including illegal entry, and takes effect immediately upon publication. Fines are adjusted for inflation (about 1% higher for 2025), with first-time penalties for certain violations (like employing unauthorized workers) now starting at $716. The process for notice and collection has been expedited to enhance enforcement and deterrence

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

Think You Can Disinherit Your Spouse? Think Again.

 

Disinheriting a spouse is rarely straightforward in the United States. State laws—particularly those that guarantee a surviving spouse’s elective share—make it very difficult to exclude a spouse from inheriting, even if the will says otherwise. But with proper planning, it may be possible to structure an estate that avoids these default protections.

What Is the Elective Share?

The elective share is a legal right that allows a surviving spouse to claim a portion of the deceased spouse’s estate, even if the will provides them little or nothing. In other words, if your will says, “I leave nothing to my spouse,” the law often says, “Too bad, they still get a share.” The surviving spouse can elect against the will and legally demand their portion.

How Much Can a Spouse Claim?

The elective share percentage and scope vary by state.  For example, in New Jersey, the elective share is one-third of the augmented estate.  It basically means that everything you owned and gave away near the end of your life—plus what’s still in your name when you die.  In New York, it's one-third of the net estate after debts and expenses.  In Florida, it's 30% of the elective estate, including jointly owned and trust-held assets in some cases.

Why Is It Hard to Disinherit a Spouse?

It's because of public policy: States want to avoid widowed spouses relying on public assistance. It is also unfair to cut off a stay-at-home spouse after they have spent decades caring for the household. Also, the law treats marriage as a shared financial life, not just an emotional one. Far-reaching elective share laws also make it difficult to cut one's spouse off.  These laws often apply to more than just the will and include many non-probate transfers.

How to Prevent a Spouse from Claiming the Elective Share?

While you can’t just write your spouse out of your will and assume that will be the end of it, there are some ways to achieve the same objective, with your spouse’s cooperation or significant legal planning.

The most direct and effective method is a written agreement, signed voluntarily and with full disclosure, in which each spouse waives the right to an elective share.  One may use a prenuptial or postnuptial agreement for this purpose.  Divorce also terminates spousal rights. Simply being estranged or separated won’t remove the right to the elective share.  

One may also transfer assets into an irrevocable trust during one’s lifetime.  An irrevocable trust legally removes the assets from the individual’s ownership and from the probate estate—thereby potentially placing them outside the scope of the elective share. However, it also means that you no longer have control over your assets. It is irrevocable, meaning that it is very difficult to make changes or amendments.  Setting up an irrevocable trust can be complicated and costly, not to mention the potential tax and legal consequences.  It is not for everybody. 

Conclusion

Disinheriting a spouse isn’t just difficult—it’s often impossible unless you plan carefully. Elective share laws are powerful tools designed to protect surviving spouses from financial hardship. However, with advanced planning, it may be possible to limit or even eliminate a spouse’s inheritance rights, provided all legal requirements are satisfied.

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

Immigration Medical Form I-693 Validity Period Changes

On June 11, 2025, USCIS updated its policy on the validity of Form I-693, Report of Immigration Medical Examination and Vaccination Record, for forms signed on or after November 1, 2023. The new policy clarifies that such forms are only valid while the associated application is pending. If the application is withdrawn or denied, the form becomes invalid. This change applies to all applications filed on or after June 11, 2025.

If an applicant submits Form I-693 with Form I-485, Application to Register Permanent Residence or Adjust Status, and the I-485 is withdrawn or denied, the I-693 is no longer valid. If the applicant re-applies with a new I-485, a new Form I-693 signed by a civil surgeon will be required.  USCIS had previously announced that a properly completed I-693 signed on or after November 1, 2023, would be valid indefinitely. This previous policy has been rescinded.

This updated policy is effective immediately and applies to all pending or newly filed applications from June 11, 2025, onward.  It is important to note that, despite the new policy, the I-693 report will continue to be valid during the pendency of the original I-485 application.  

Note: The requirement published on Dec. 2, 2024 that applicants must submit Form I-693 together with the Form I-485 remains valid.  

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

Trump Administration's 2025 Travel Ban

 

On June 4, 2025, President Donald Trump signed a presidential proclamation titled "Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats." This executive order imposes new travel restrictions on nationals from 19 countries, citing national security concerns and inadequate information-sharing practices.

Full Travel Ban: 12 Countries

Effective June 9, 2025, at 12:01 a.m. EDT, the U.S. will fully suspend the entry of both immigrants and nonimmigrants from the following 12 countries:

• Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen

Partial Restrictions: 7 Countries

Nationals from the following seven countries will face heightened restrictions, which may include limitations on specific visa categories or increased scrutiny during the visa application process:

• Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, Venezuela

According to the White House proclamation, these partial restrictions generally include:

• Suspension or limitation of certain nonimmigrant visas, such as tourist (B-1/B-2), student (F, J), or temporary work (H, L) categories.

• Enhanced vetting and increased documentation requirements during visa application and border inspection.

• Visa issuance delays or denials for applicants deemed security or public safety risks.

• In the case of Venezuela, government officials and their families face specific restrictions, while ordinary citizens may be less impacted.

These partial restrictions are also set to take effect on June 9, 2025. 

Exceptions and Exemptions

The proclamation outlines several exemptions to the travel restrictions, including:

• U.S. lawful permanent residents (green card holders)

• Individuals with valid visas issued before June 9, 2025

• Dual nationals traveling on a passport from a non-designated country

• Individuals with close immediately family ties in the U.S.

• Select athletes and coaches participating in major international sporting events

• Refugees who have already been granted asylum

• Afghan allies of the United States

• Persecuted religious minorities from Iran

The Trump administration justifies the travel restrictions as necessary measures to protect U.S. citizens from potential terrorist threats and to ensure the integrity of the nation's immigration system. The administration also cited a recent attack in Boulder, Colorado, allegedly carried out by an Egyptian immigrant, as evidence of the dangers posed by inadequately vetted entrants and visa overstays.  It is noteworthy that Egypt is not among the banned countries.

Implementation Timeline

The travel restrictions are scheduled to go into effect on Monday, June 9, 2025, at 12:01 a.m. EDT. Visas issued before this date will remain valid, and individuals already present in the United States will not be affected by the new restrictions.  Legal challenges to the travel ban are expected. However, as of now, foreign nationals should plan their entry to the U.S. and international travel carefully in light of these changes.

(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 F-1 Optional Practical Training Program is in Jeopardy

 

In his confirmation hearing before the Senate Judiciary Committee, Joseph Edlow, President Trump’s nominee to lead U.S. Citizenship and Immigration Services (USCIS), declared his intention to terminate the Optional Practical Training (OPT) program, a move that has sent shockwaves through the higher education and immigration communities.

At the hearing, when questioned by a Senator about his view of the OPT program, Mr. Edlow said he believed the way that OPT has been handled over the past four yours (based on certain D.C. Circuit Court decisions) has been a problem in terms of misapplication of the law.  He said: "What I want to see would be essentially a regulatory and sub-regulatory program that would allow us to remove the ability for employment authorizations for F-1 students beyond the time that they are in school.”

His statement has been interpreted to mean that, as USCIS Director, he would cancel F-1 students' OPT Optional Practical Program.   

Potential Ramifications of Edlow’s Policy

According to the Institute of International Education, there are 163,452 international students engaged in post-completion OPT and 79,330 were in STEM OPT for fiscal year 2023 to 2024. 

If Edlow were to follow through with terminating OPT, the impacts would be immediate and far-reaching.  Many thousands of international students—especially from India and China—could be forced to leave the U.S. immediately after graduation, upending their career plans and financial investments in U.S. education.  

There would also be a major impact on U.S. Universities too. OPT is a major incentive for international enrollment. Removing it would diminish the appeal of American education, likely leading to a sharp decline in international student enrollment, and associated tuition revenue losses. 

Elimination of OPT would also affect  the U.S. workforce and economy. Many tech companies and research labs rely on OPT participants. Ending the program could worsen talent shortages, particularly in AI, biotech, and semiconductor sectors. In fact many startup founders began on OPT or similar pathways. Finally, OPT fosters cultural exchange and global collaboration. Its elimination could further isolate the U.S. academically and diplomatically.

Arguments Against OPT

Critics believe  OPT displaces U.S. graduates. Such a claim is not supported by evidence. The United States has lagged behind in STEM education for many years, creating a talent gap in the tech sector that is increasingly filled by skilled foreign workers. There are also concerns of fraud. It is true that there have been cases of fake employment to maintain OPT status. The issue should be addressed by regulatory reform rather than a complete elimination of the OPT program.

Conclusion

Joseph Edlow’s comments mark the strongest executive-level threat yet to the OPT program. Whether or not he follows through will depend on legal authority, public reaction, and potential lawsuits.  But one thing is clear: the future of international education in America is at a critical crossroads. The end of OPT wouldn’t just affect students—it would reverberate across U.S. education, labor, and innovation ecosystems.  

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

How to Prepare for a Marriage-Based Green Card Interview

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The marriage-based green card interview is a significant step in the adjustment of status process for a foreign national seeking to become a permanent resident of the United States. The purpose of this interview is to verify the authenticity of the marriage and ensure that it was not entered into solely for immigration benefits. As such, proper preparation is crucial to presenting a genuine and credible case to the USCIS officer. 

Gathering Required Documents

One of the most important steps in preparing for the marriage-based green card interview is ensuring that all necessary documents are gathered in advance. This includes birth certificates, marriage certificate, divorce judgments, financial support documents, joint documents showing the marital relationship, previous immigration documents, etc.  The parties should check with their attorney to confirm what documents they should bring, as each case is different. Failure to provide required documentation can lead to delays or denials.

Reviewing Your Application

In addition to gathering documentation, it is essential to review the information submitted in your application. The USCIS officer will likely ask questions based on the details provided in the forms, so it’s important that you and your spouse are familiar with the information. Any inconsistencies in your application or answers during the interview may raise suspicions and complicate the process. Therefore, reviewing your application ensures that you are consistent in your responses and that all details are accurate.

Practicing Common Interview Questions

USCIS officers often ask similar questions to confirm the authenticity of the relationship. Common questions include inquiries about how the couple met, who proposed marriage, what the spouse’s daily routine is like, how they celebrate holidays, and other details about their shared life. It’s important to practice answering these questions, but in a natural and spontaneous way. Over-rehearsing can make the answers seem unnatural, and the officer may perceive this as a sign of dishonesty. Instead, focus on sharing genuine details of your relationship.

Being Honest and Relaxed

Honesty is the most important factor when preparing for the interview. Officers are skilled at detecting fraudulent marriages, and any attempt to fabricate answers or hide details will likely be noticed. Therefore, it is crucial to provide truthful and accurate responses. Relax and be yourself during the interview. If you are not sure about an answer, just say so.  Do not make up anything. The USCIS officer is simply doing their job, and they are not looking for perfection but for genuine answers about your relationship.

Dressing Appropriately

While there is no specific dress code for the marriage-based green card interview, it is important to dress neatly and professionally. This reflects positively on you and shows respect for the process. Both spouses should make an effort to appear presentable, as this can leave a good impression on the officer.

Arriving Early and Prepared

Arriving early for the interview is an essential step in preparation. It allows you time to relax, clear security, and gather your thoughts before the interview begins. Being late can create unnecessary stress and may give the impression that you are unorganized. Plan ahead to ensure that you arrive with enough time to spare, taking in account the local traffic conditions.

Interpreter Services

If either spouse is not fluent in English, it is possible to bring an interpreter to assist during the interview. This must be arranged in advance, and the interpreter should be familiar with both the language and the specific terminology used in immigration proceedings.

Being Prepared for Delays or Follow-up Requests

It is important to be prepared for the possibility that the USCIS officer may not make a decision on the spot. Sometimes, additional information may be needed, or the officer may schedule a follow-up interview. If this happens, be patient and provide any requested documents or explanations promptly to avoid further delays in the process.

Special Situations

If the parties have special issues such as unusual immigration history, previous marriages, cultural and religious differences, criminal history, etc., they should pay special attention and prepare accordingly.  They should work with their attorney to make sure that these issues are addressed before the interview.  With adequate preparation, the parties should be able to pass the interview confidently.

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

June 2025 Visa Bulletin: Significant Advances Across Most Categories

The June Visa Bulletin shows progress in several categories, with most seeing an advance of 2 to 3 months compared to last month.

The cut-off dates for most countries, including China and India, in the Family 1st to 3rd categories advance by at least 2 months. For Employment-based cases, the EB-2 and EB-3 categories worldwide (except India) also advance notably. 

In June, USCIS will continue to accept family-based immigration adjustment of status (I-485) applications based on the Filing Dates table. Employment-based adjustment will be accepted based on the Final Action Dates table.

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based		Other Countries	China	India	Mexico	Philippines
F1	AD	06/08/2016	06/08/2016	06/08/2016	04/22/2005	07/15/2012
	FD	09/01/2017	09/01/2017	09/01/2017	04/01/2006	04/22/2015
F2A	AD	01/01/2022	01/01/2022	01/01/2022	05/15/2021	01/01/2022
	FD	02/01/2025	02/01/2025	02/01/2025	02/01/2025	02/01/2025
F2B	AD	09/22/2016	09/22/2016	09/22/2016	01/01/2006	02/08/2012
	FD	01/01/2017	01/01/2017	01/01/2017	04/01/2007	10/01/2013
F3	AD	06/22/2011	06/22/2011	06/22/2011	01/15/2001	09/22/2003
	FD	07/22/2012	07/22/2012	07/22/2012	06/15/2001	09/22/2004
F4	AD	01/01/2008	01/01/2008	06/15/2006	03/15/2001	06/01/2005
	FD	06/01/2008	06/01/2008	12/01/2006	04/30/2001	01/01/2008

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	02/15/2022	C	C
	FD	C	01/01/2023	04/15/2022	C	C
EB-2	AD	10/15/2023	12/01/2020	01/01/2013	10/15/2023	10/15/2023
	FD	11/15/2023	01/01/2021	02/01/2013	11/15/2023	11/15/2023
EB-3	AD	02/08/2023	11/22/2020	04/15/2013	02/08/2023	02/08/2023
	FD	03/01/2023	12/22/2020	06/08/2013	03/01/2023	03/01/2023
Other Workers	AD	06/22/2021	04/01/2017	04/15/2013	06/22/2021	06/22/2021
	FD	07/22/2021	01/01/2018	06/08/2013	07/22/2021	07/22/2021
EB-4*	AD	Unavailable	Unavailable	Unavailable	Unavailable	Unavailable
	FD	02/01/2021	02/01/2021	02/01/2021	02/01/2021	02/01/2021
EB-5	AD	C	01/22/2014	05/01/2019	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 EB-4 category become “Unavailable” due to the exhaustion of annual visa numbers. 

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.)  

Best Practices Guide for Handling FDNS Site Visits

 

Best Practices Guide for Handling FDNS Site Visits

Introduction

The current Administration has emphasized strict enforcement of immigration laws, resulting in additional site visits and other fraud-related investigations.  

This guide provides best practices for employers and employees to prepare for and respond to unannounced Administrative Site Visits (ASVs) by the USCIS Fraud Detection and National Security Directorate (FDNS). These visits are intended to verify compliance with immigration laws and the accuracy of information provided in immigration petitions, particularly for H-1B and other employment-based visas. Although sometimes framed as a voluntary request, ASVs are authorized and mandated by law and refusal to cooperate will result in denial of applications and other adverse consequences. 

Understanding Administrative Site Visits (ASVs)

ASVs are conducted by USCIS FDNS to:

• Verify the existence of an employer.

• Confirm the employment of foreign workers.

• Ensure compliance with wage and job conditions specified in visa petitions.

• Detect and prevent immigration fraud.

Employer Best Practices

1. Designate a Company Representative: Identify a primary point of contact to handle ASVs, typically someone from HR or management.

2. Train Front-Line Employees: Ensure all employees know how to respond if an officer arrives. They should politely direct the officer to the designated representative.

3. Maintain Updated Records: Keep secure, accessible files of all USCIS petitions (Forms I-129, LCAs, etc.), wage records, and job descriptions. An audit of all immigration documents are recommended beforehand.

4. Notify H-1B Employees: Make sure foreign workers are aware of their job details, location, and the terms of their petitions.

5. Prepare for Interviews: Have clear procedures in place for who will speak to the officer and how questions will be answered. Mock interviews should be conducted to better employees for questions by immigration officers

6. Contact Legal Counsel: Have an immigration attorney’s contact information ready and inform them immediately if an ASV occurs.

7. Document the Visit: Record the names of the officers, the questions asked, and any documents requested or provided.

Employee Best Practices

1. Stay Calm and Polite: If approached by an officer, answer questions clearly but do not guess or provide unnecessary information.

2. Understand Your Job Details: Be familiar with your job title, job duties, location, salary, and the terms in your visa petition.

3. Request a Witness: If possible, have a company representative present during any interview.

4. Provide Accurate Information: Answer truthfully, but avoid guessing or speculating.

What to Expect During an ASV

• Officers may arrive unannounced at any work location listed in the visa petition.

• They may request to speak with company representatives, the foreign worker, or both.

• They may take photographs, inspect the facility, and request copies of documents.

Handling Special Situations

• Client Site Visits: If an H-1B worker is assigned to a client site, notify the client in advance about the possibility of ASVs.

• Confidential Areas: Politely redirect officers to less sensitive areas if they request access to restricted areas.

Conclusion

By following these best practices, employers and employees can ensure compliance, maintain professionalism, and minimize the risk of negative outcomes during an FDNS site visit.

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

Real ID Effective May 7, 2025: Everything You Need to Know

 

Introduction

The Real ID is a federal standard for identification documents in the United States, established under the Real ID Act of 2005. It sets enhanced security requirements for state-issued driver’s licenses and identification cards to ensure they meet federal standards. Real ID-compliant documents are necessary for certain federal purposes, including boarding domestic flights and accessing secure federal facilities.

Purpose and Intended Use of Real ID

Real ID was created to enhance the reliability and security of identification documents used for federal purposes, including:

• Boarding domestic flights within the United States.

• Entering secure federal buildings, such as military bases and federal courthouses.

• Accessing nuclear facilities.

Effective Date of Real ID Requirement

The enforcement of Real ID will begin on May 7, 2025. After this date, travelers who are 18 years old or older will need to present a Real ID-compliant driver’s license, identification card, or another acceptable form of identification to board domestic flights or enter certain federal facilities.

What Happens If a Traveler Does Not Have a Real ID at the Airport?

If a traveler does not present a Real ID or other acceptable form of identification at airport security starting May 7, 2025, they will be subject to additional screening and questioning by the the Transportation Security Administration (TSA), causing delay and inconvenience. They may not even be allowed to board the flight. 

Alternative Acceptable Identification Documents

Travelers who do not have a Real ID can still use other forms of acceptable identification, including:

• U.S. Passport or Passport Card

• U.S. Department of Defense ID, including IDs issued to dependents

• DHS Trusted Traveler Cards (Global Entry, NEXUS, SENTRI)

• Permanent Resident Card (Green Card)

• Employment Authorization Document (EAD)

• Border Crossing Card

• State-issued Enhanced Driver’s License (EDL)

• Federally recognized, tribal-issued photo ID

How to Obtain a Real ID

• Visit your state’s Department of Motor Vehicles (DMV) website for specific instructions.

• Provide proof of identity, such as a birth certificate or passport.

• Provide proof of Social Security number, such as a Social Security card or W-2 form.

• Provide proof of residency, such as utility bills, lease agreements, or mortgage statements.

Conclusion

Real ID is a critical step toward securing identification for federal purposes. Understanding the requirements, knowing how to obtain one, and being aware of alternative forms of ID can help travelers ensure a smooth experience at airports and federal facilities.

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

"One Strike and You're Out": The Trump Administration's Crackdown on Temporary Visa Holders

 

In the first 100 days of President Donald Trump's second term, the administration has implemented stringent immigration policies, significantly impacting all non-citizens including temporary visa holders, such as F-1, H-1B, L-1, O-1, B-1, B-2, etc. Secretary of State Marco Rubio has been at the forefront of these changes, introducing the "Catch and Revoke" one-strike policy, which allows for the immediate revocation of visas upon any infraction, regardless of severity.  Such policy applies equally to legal residents.

The "Catch and Revoke" Policy

Secretary Rubio's "Catch and Revoke" directive establishes a zero-tolerance approach to visa violations. Under this policy, any legal infraction, including minor offenses such as traffic violations, can lead to the immediate revocation of a visa. Rubio emphasized that a visa is "a privilege, not a right," reinforcing the administration's stance on strict immigration enforcement.  According to Rubio, there is no more "get-out-of-jail-free card" after a person is arrest for criminal activity including domestic violence and assault. 

Impact on Temporary Visa Holders

F-1 and J-1 Students: The administration's policies have led to the revocation of over 300 student visas in March alone, targeting individuals involved in activities deemed contrary to U.S. interests. The "Student Criminal Alien Initiative" further scrutinized approximately 1.3 million foreign students, resulting in visa terminations for minor infractions, including dismissed charges. Although many of students' status have been restored after federal litigation, this may not be the end of the story.

H-1B and Employment-Based Visas: Holders of H-1B and other employment-based visas face increased scrutiny, with policies threatening visa revocation for minor legal issues. The administration has also proposed higher wage thresholds and stricter eligibility criteria, potentially impacting renewals and extensions. 

B-1/B-2 Visitors and Other Categories: Tourist and business visa holders are not exempt from the crackdown. The "Catch and Revoke" policy applies broadly, leading to heightened anxiety among all temporary visa holders. 

Legal and Social Ramifications

The aggressive enforcement has led to numerous lawsuits and public outcry. In response to legal challenges, the administration temporarily halted the revocation of F-1 visas for students flagged for minor offenses, acknowledging the need for due process.  Despite this pause, the administration continues to pursue deportations for individuals deemed national security threats.

The policies have also created a chilling effect on international students and professionals, with many reconsidering their plans to study or work in the U.S. Universities report a significant drop in international applications, and tech companies advise foreign employees to avoid international travel due to re-entry uncertainties. 

Temporary Visa Holders Should Take Precautions

First, they must strictly adhere to all U.S. laws, including immigration and traffic regulations, to avoid any infractions that could jeopardize visa status.  Secondly, they must also exercise caution when engaging in political demonstrations or activities that could be construed as opposing U.S. policies.

Thirdly, foreign nationals should limit their international travel, as re-entry into the U.S. may be uncertain under current policies.   Forth, it is also critical for them to consult with immigration attorneys to stay informed about policy changes and to receive guidance tailored to individual circumstances.  Do not rely on information from friends and the social media.  Finally,  they also maintain records of legal status, employment, and academic enrollment to provide evidence of compliance if questioned.  Lengthy and inquisitive Requests for Evidence (RFEs) are very common now. 

Summary

The current administration's policies represent a significant shift in the U.S. approach to international students and temporary visa holders, emphasizing strict enforcement and limited tolerance for infractions. Visa holders must remain vigilant and proactive in safeguarding their legal status.  It should be noted that such policies are applied equally to all non-citizens, including green card holders.

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