Trump Administration to Review 55 Million U.S. Visa Holders

 

On Thursday, the State Department says it is conducting “continuous vetting” of all 55 million people holding valid U.S. visas, looking for any indication of ineligibility—from overstays and certain crimes to security concerns. If a violation is found, the visa can be revoked; if the person is in the U.S., removal may follow. In parallel, the administration paused issuance of worker visas for commercial truck drivers pending a vetting review.   Social-media screening will again be one of the tools used in the vetting process.

What does it mean?

Thus far, there has been no written policy guidelines on this review process. The State Department states verbally that it is reviewing more than 55 million valid visa holders for potential rule violations, framing this as an extension of “continuous vetting” that already applied to subsets of travelers (notably students) and now encompasses everyone with a visa—tourists, workers, and students alike. The government emphasized that if post-issuance information emerges showing ineligibility, consular officers can revoke a visa—and if the person is present in the U.S., they can be placed in removal proceedings. 

Consular officers have long had authority to revoke visas based on new derogatory information, often without a hearing. What’s new is the asserted universal scope and the promise to use a wider set of data sources, on a continuing basis, to trigger those revocations. 

Who is affected?

Nearly all nonimmigrant visa holders are within scope (tourist B visas, students F/M/J, workers H/L/O, etc.).  The 55 million number indicates the sweep also includes people outside the U.S. who hold multi-entry visas and may seek to return in the future.  

Most travelers from Visa Waiver Program countries (roughly 40 nations) are not affected because they don’t need visas for short stays—though they face their own ESTA screening. 

The State Department has not specifically mentioned permanent residents.  However, since permanent residents are also holders of immigration visas, hence it would not surprising that the vetting process may also cover them.  Typically, a green card holder who has been found to have committed a deportable offense will be placed in removal proceedings. 

What counts as a “deportable” or revocable violation?

According to the State Department, screeners are looking for indicators of ineligibility such as overstays (remaining beyond an authorized period), criminal activity and threats to public safety, and terrorism involvement or material support to designated groups.  If such information surfaces, visas may be revoked, and those present in the U.S. can be removed. 

How will the expanded vetting work?

Officials say the reviews will include law-enforcement and immigration records and a broadened review of social media. Coverage this summer documented State Department guidance that student/exchange visa applicants must make social-media accounts public for review; major outlets also reported posts may be assessed for hostile or extremist content. 

What to expect?

Recently, the State Department has revoked serveral thousands of student visas, most commonly tied to overstays, DUI/assault, or terrorism-related indicators. Under the current heightened vetting policy, students and researchers will be subject to heightened social-media scrutiny, processing delays, administrative processing, or revocations.  Professional workers and employers should expect more RFEs (requests for evidence) from USCIS and 221(g) notices form consulates.  Tourists and business visitors will find it more difficult and expensive to obtain temporary visitor visas. 

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

Applying for a U.S. Visa is getting Expensive

 

If you plan to visit America, expect to pay higher fees. Additionally, applicants from certain countries may have to post a visa bond of up to $15,000 in order to secure a visa.

In a move that has reignited debate over U.S. visa policy, the U.S. Department of State has announced a 12-month visa bond pilot program targeting certain B-1 (business) and B-2 (tourism) visa applicants. Scheduled to begin on August 20, 2025, the program authorizes U.S. consular officers to require visa applicants from certain countries to post a refundable bond of up to $15,000 as a condition of visa issuance.

Pilot Program - Visa Bond

Beginning August 20, 2025, the U.S. Department of State will launch a 12-month pilot program requiring certain applicants for B‑1 (business) and B‑2 (tourist) visas to post a bond—ranging from $5,000 to $15,000—as a condition of visa issuance. Bonds are refundable if applicants comply with their visa terms and depart on time; otherwise, the bond is forfeited.
Who must post the visa bond?

According to the U.S. government, countries with high U.S. visa overstay rates based on FY 2023 DHS data and deficient document screening or vetting practices are targeted. Further, countries that offer citizenship-by-investment programs with no residency requirement are also likely targeted by the State Department. Applicants from Visa Waiver Program (VWP) countries are exempt.

The State Department is supposed to announce the specific list of countries on their website. As of August 5, 2025, the State Department website only lists two countries that are subject to the visa bond - Malawi and Zambia. However, additional countries are expected to be added to the list later on.


Visa Integrity Fee

Additionally, starting October 1st, 2025, nonimmigrant visa applicants must pay a visa integrity fee of $250, on top of the regular visa application fee. This new fee was enacted by President Trump's One Big Beautiful Bill on July 4, 2025.
The $250 visa integrity fee must be paid by applicants of most nonimmigrant visas, such as tourists (B1/B2), students (F/M), exchange visitors (J), workers (H1B, L1, O1, R1, etc.). Each dependent with a separate visa stamp (e.g., H‑4, F‑2, J‑2) must also pay the fee. So a family of four would have to pay $1,000 in integrity fees alone.

Visitors from 42 countries in the Visa Waiver Program (VWP) (e.g. United Kingdom, Japan, Germany) who enter via ESTA are exempt from the new visa integrity fee. However, their ESTA fee will increase from $21 to $40. Canadians are also exempt as they are allowed to enter the United States visa-free.

The integrity visa fee is supposed to be refundable if the applicant abides by the rules and does not work illegally. However, actually getting a refund is expected to be difficult due to administrative and procedural hurdles.

 

 

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

Drastic Narrowing of Visa Interview Waivers by State Department

 

On 07/25/2025, the U.S. Department of State (DOS) released an update that drastically tightens eligibility for nonimmigrant visa interview waivers, effective 09/02/2025. This policy supersedes the previous 02/18/2025 guidance, and marks a major shift away from the more flexible interview waiver practices adopted during and after the COVID-19 pandemic.

Major Changes:

Most nonimmigrant visa applicants for H-1B, L1, E1, E2, F, etc., including minors under 14 and seniors over 79, who were previously exempt, will now generally be required to appear in person for an interview with a consular officer.

Only the following narrow groups of applicants will qualify for an interview waiver after 09/02/2025, including:

1. Certain Diplomatic and Official Visa Categories: A-1, A-2, C-3 (excluding attendants or servants), G-1 through G-4, NATO-1 to NATO-6, and TECRO E-1
2. Diplomatic or Official-Type Visa Applicants
3. B-1/B-2/B1-B2 or Border Crossing Card Renewals (Mexican Nationals): Applicants renewing a full-validity visa or card within 12 months of expiration and who:

• Were at least 18 years old when the prior visa was issued
• Apply from their country of nationality or residence
• Have never been refused a visa (unless refusal was overcome or waived)
• Have no apparent or potential ineligibility

Note: Even if an applicant qualifies under the above categories, consular officers may still require an in-person interview at their discretion.  Embassy-specific procedures vary.  Applicants should consult the relevant U.S. embassy or consulate website for local processing rules and service availability.

Impact on Nonimmigrant Visa Applicants:

Applicants for nonimmigrant visas such as H-1B, L1A, L1B, E1, E2, F1, F2, etc., should expect longer wait times and increased demand for visa interview appointments. Applicants renewing H, L, F, M, and J visas who previously qualified for the "Dropbox" program will now be subject to interviews, unless covered by one of the narrow exceptions above. Even children and elderly applicants will likely face interview requirements.

Impact on Employers and Universities:

The new policy will have direct impact on U.S. universities and colleges and also employers. They should anticipate delays in onboarding foreign workers and students needing visa stamps abroad.  They should advise employees and workers on timely scheduling of consular appointments and preparation for interview-based adjudication. 

Final Note:

If you're planning to renew a visa, especially a B-1/B-2 or Border Crossing Card, act quickly before the September 2 deadline to benefit from the current, more lenient waiver policies.   For all others, prepare for interviews — and consult an immigration attorney to determine eligibility and strategy.

(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 Edition of I-129 (Nonimmigrant Worker Form) Effective July 30, 2025

USCIS has published a new edition of the I-129 form, Petition for a Nonimmigrant Worker, dated January 20, 2025.  The new form must be used for applications filed on or after July 30, 2025. Until then, the current edition, dated January 17, 2025, is also acceptable.

The I-129 form is used for most nonimmigrant employment applications, such as H-1B professional workers, L-1 multinational transferees, O-1 extraordinary ability workers, E-1/E-2 treaty traders and investors, R-1 religious workers, TN NAFTA workers, etc. 

Employers are reminded that the edition date must be visible at the bottom of the I-129 form on all pages.  If a required form page or if an edition date is missing, the application can be rejected. 

(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.)  

"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.)  

O-1 Visa: A High-Caliber Alternative to the H-1B

 

For highly talented foreign professionals facing the uncertainty of the H-1B lottery or simply seeking a more flexible route to work in the United States, the O-1 visa may offer a compelling alternative. Designed for individuals of extraordinary ability, the O-1 visa bypasses the annual numerical cap that limits H-1B approvals and provides a tailored path for top-tier talent in various industries.

What Is the O-1 Visa?

The O-1 nonimmigrant visa is reserved for individuals who have demonstrated extraordinary ability or achievement in specific fields. It is a temporary work visa issued to those who can show national or international recognition for their expertise and contributions.

There are two primary O-1 subcategories:

• O-1A: For individuals in the sciences, education, business, or athletics.

• O-1B: For individuals in the arts or in the motion picture or television industry.

Unlike the H-1B, the O-1 is not subject to an annual lottery, making it an appealing option for highly accomplished professionals.

O-1A: Extraordinary Ability in Science, Education, Business, or Athletics

To qualify for an O-1A visa, applicants must show they possess a level of expertise that places them among the small percentage who have risen to the top of their field. The U.S. Citizenship and Immigration Services (USCIS) evaluates this using specific evidentiary criteria, including: 

• Receipt of a major internationally recognized award (e.g., a Nobel Prize), or

• At least three of the following:

  • Receipt of nationally or internationally recognized prizes or awards for excellence.

  • Membership in associations that require outstanding achievements.

  • Published material about the applicant’s work in professional or major media.

  • Original contributions of major significance in the field.

  • Authorship of scholarly articles.

  • A high salary or remuneration compared to others in the field.

  • Participation as a judge of others’ work.

  • Employment in a critical or essential role for distinguished organizations.

The standard is high, but not unattainable—especially for researchers, entrepreneurs, and professionals with published work, patents, or a strong record of recognition in their industry.

O-1B: Extraordinary Ability in the Arts or Entertainment

The O-1B visa covers two groups:

• Artists (musicians, designers, visual artists, etc.)

• Individuals in the motion picture and television industry

Applicants must demonstrate a record of “distinction”—defined as a high level of achievement in the arts, evidenced by a degree of skill and recognition substantially above that ordinarily encountered.

USCIS requires evidence of:

• A significant award (like an Emmy, Grammy, or similar), or

• At least three of the following:

  • Lead roles in productions or events with distinguished reputations.

  • National or international recognition by critics, experts, or organizations.

  • Record of major commercial or critically acclaimed successes.

  • Significant recognition from organizations, critics, government agencies.

  • High salary or substantial remuneration in relation to others in the field.

---

O-1 vs. H-1B: Key Differences

Feature	O-1 Visa	H-1B Visa
Cap Limit	No annual cap	Subject to annual lottery (85,000 total)
Duration	3 years initial, renewable in 1-year increments	3 years initial, max 6 years
Employer Sponsorship	Required	Required
Degree Requirement	Not required	Must have bachelor’s or higher
Standard of Eligibility	Extraordinary ability	Specialty occupation with degree
Portability	New petition needed to change employers	Portability allowed with transfer

The O-1 visa requires a higher evidentiary burden than the H-1B, but in return offers a non-capped, flexible, and often faster path for top professionals.

Who should consider an O-1 visa?

Consider applying for the O-1 visa if you were not selected in the H-1B lottery but have a strong record of awards, publications, or innovation; are a recognized artist, performer, or creative professional with national or international acclaim; are a business founder or executive with a proven track record of success; are a researcher or academic with peer-reviewed publications and citations.  Other professionals and individuals with high achievements should also consider the O-1 visa.

Conclusion: The O-1 Visa as a Strategic Path

For individuals who meet the high bar of extraordinary ability, the O-1 visa provides an exceptional alternative to the H-1B route—one that avoids numerical caps, allows for extended stay, and positions the applicant as a leader in their profession.

If you're unsure whether your background qualifies, consider consulting with an immigration attorney who can assess your record and advise whether the O-1 is right for you.

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

Getting Ready for H-1B Lottery in 2025

 

Soon after the New Year celebrations, once again, our firm's attention will be drawn to the annual H-1B filing season, which is expected to begin in March.  For the next few months, we must intake, evaluate, counsel and prepare client cases for the H-1B electronic registration process, which was initiated by USCIS in 2020.  

To safeguard our clients' interests, our office has continued to perform a thorough evaluation of each case before registration.  The upcoming lottery is for the FY 2026 H-1B program with an employment start date of 10/01/2025.   As the new administration has expressed a strong intent to make changes to immigration policies, we must be particularly vigilant in preparing for the upcoming H-1B lottery to minimize errors and improve the chances of selection.  Employers and employees should pay attention to the following items. 

Employer Information

Getting correct employer information is critical, as incorrect information will disqualify the H-1B registration.  Confirm the legal name of the employer in the State Certificate of Formation, including any subsequent changes in the legal name or D/B/As.  For larger companies with multiple subsidiaries, branches, etc., find out the exact legal entity that will act as the H-1B sponsor.  The Federal Employer ID number (FEIN) is another important piece of information, as USCIS uses the FEIN as the unique identifier for each sponsoring employer to screen out duplicate filings. The FEIN can be confirmed by examining the official correspondences issued by the Internal Revenue Service regarding the sponsoring entity.

Employee Qualifications

Generally speaking, an employee must qualify to perform the duties of a specialty occupation in order to be classified as an H-1B worker.  Hence, the employee's qualifications, including education, certifications, work experience, training, etc. must be carefully considered.  Specifically, for the purpose of H-1B electronic registration, we must confirm whether the employee qualifies for the “master cap”, which confers 20,000 additional visa numbers.  To qualify for the master cap, an applicant must have earned an advanced level degree beyond the bachelor's level, including professional degrees, conferred by an accredited U.S. institution.  Further, the school must not be a private, for-profit institution.   Even if the case is selected in the H-1B visa lottery, checking the wrong box means that the case will be denied eventually.

Information About the H-1B Position

Although the current USCIS registration system does not require specific occupational information, an early evaluation of the job title, duties, and requirements is also essential.  Again, the case will be denied if the position being petitioned for does not meet the definition of specialty occupation, even after the case is selected in the lottery. The law regarding what constitutes a specialty occupation constantly changes.  The agency policies and adjudication standards can also be confusing at times. For certain less defined occupations such as market research analysts, business analysts, consultants, etc., an early evaluation and assignment of occupation code would make the final application process smoother. 

Employee's Immigration Status

A foreign worker has two options to obtain H-1B status after their petition has been approved.  If they are legally present in the U.S., they may apply for a Change of Status directly in their H-1B petition.  Upon approval, their status will be changed automatically.  Hence, a thorough examination of the applicant's immigration status is critical.  For F-1 students who are eligible for STEM OPT, they should file a timely extension of their OPT status.  If extension is no longer available, we'll then evaluate whether the student qualifies for the special CAP-GAP extension rules. CAP-GAP rules allow qualified F-1 students to continue staying and/or working in the United States after expiration of their OPT status.  If an applicant has failed to maintain their lawful status in the U.S., they should consult an experienced immigration attorney without delay.  In some cases, they would have to depart the U.S. and apply for a valid H-1B visa stamp before they may re-enter the U.S.  Do not forget to also review the status of the H-1B candidate's spouse and children. Each person's immigration status must be properly maintained.  

Conclusion

In sum, there are factual and legal issues to consider regarding the H-1B registration and application process.  As mentioned, the new administration may make changes to the H-1B visa program including the electronic registration system, the subsequent application process, the substantive requirements such as the wages, job locations, specialty occupation, etc.  Hence, it is important to stay informed of any updates and changes in policies. 

(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.)  

H-1B Workers Taking Unpaid Leave?

 

For H-1B visa holders, understanding the legal implications of unpaid leave is crucial. The H-1B visa, which allows U.S. employers to hire foreign workers in specialty occupations, comes with stringent requirements to maintain lawful status. Taking unpaid leave can be particularly risky if not managed correctly, as it may lead to a violation of legal status. 

1. Understanding the Legal Requirements

 According to the regulation outlined in 20 CFR 20 CFR 655.731(c)(7)(ii) , H-1B workers must be in a "productive work" status while employed. However, certain situations allow for unpaid leave without violating this requirement:

Voluntary Non-Productive Status: If an H-1B employee requests and is granted unpaid leave for personal reasons, such as medical or family-related issues, they can maintain their legal status. The leave must be voluntary, meaning it is initiated by the employee and not due to a lack of work from the employer.

Employer-Authorized Leave: The employer must authorize the leave, and it must comply with the company’s leave policies and applicable federal laws. This means the employer must document the leave appropriately and maintain the employee’s status as an active, albeit unpaid, employee.

Equal Treatment:  H-1B workers must be treated in the same manner and enjoy the same leave benefits as other U.S. workers. 

2. Permissible Reasons for Unpaid Leave

Medical Leave: If an H-1B worker needs to take time off for a medical condition, they may do so without violating their status. This includes leave under the Family and Medical Leave Act (FMLA), which allows eligible employees to take up to 12 weeks of unpaid leave for certain family and medical reasons.

Maternity/Paternity Leave: H-1B visa holders are entitled to unpaid leave for maternity or paternity reasons, in line with company policy and federal law. The leave must be voluntary and properly documented by the employer.

Personal or Family Emergencies: Unpaid leave for personal reasons, such as a serious car accident, attending to a family emergency or dealing with personal matters in the home country, is allowed as long as it is requested by the employee and authorized by the employer.

3. Maintaining Legal Status During Unpaid Leave

To ensure that unpaid leave does not result in a violation of legal status, several key conditions must be met.  First, during unpaid leave, the employer-employee relationship must remain intact. The employer should continue to consider the individual as an employee, even if they are not receiving a paycheck. This includes keeping the position open for the employee’s return and documenting the leave appropriately.

Second, proper documentation is required. This includes a formal leave request from the employee, approval from the employer, and records showing the legitimate reason for the leave. This documentation can serve as evidence in case of any inquiries from the USCIS.

Temporary Nature of Leave: The leave must be temporary, with a clear intention for the employee to return to work after the leave period. There should be an expected return date, even if it is subject to change depending on circumstances.

4. Risks of Non-Compliance

Failing to comply with the regulations governing unpaid leave can lead to significant consequences for H-1B visa holders including, loss of H-1B status and denial of future U.S. visa applications.  There are also legal repercussions for employers too.  Employers who fail to comply with the documentation and authorization requirements may also face legal repercussions, including penalties under labor laws such as repayment of back wages.

5. Steps to Follow Before H-1B Workers Considering Unpaid Leave

Before taking unpaid leave, it is advisable to consult with an immigration attorney. Legal counsel can provide guidance on how to document the leave and ensure compliance with USCIS and Department of Labor (DOL) regulations.  Also communicate with employer early on to ensure that your employer is fully aware of your situation and willing to authorize the leave. Obtain written approval and keep a copy of all relevant documents for your records.  Familiarize yourself with your employer’s leave policy and the applicable laws, such as the FMLA, that may protect your right to take unpaid leave.

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

Other Alternatives to H-1B Visa

 

The initial H-1B random selection process was completed in late March.  USCIS has not officially released the number of H-1B registrations and selection total.  However, based on unofficial estimates, the number of H-1B applicants continue to be sky-high.  This year, USCIS implemented a new policy which prohibits the entering of multiple registrations for the same employee, which should have improved the chances for selection.  Still, based on statistics gathered so far, the overall selection rate is still undesirable.

For the unselected foreign students and workers, they must now face the harsh reality of their future. This article presents some alternatives that they may consider based on their background and qualifications:

Practical Training Employment

For some foreign students with a STEM degree, continue working with their STEM OPT employment authorization may be the best option. While waiting for the next year's H-1B lottery, they may continue working for their employers.  They must work for an employer who is e-Verified.  Some universities offer internship an co-op employment opportunities.  Enrolled F-1 students may participate in these programs through Curriculum Practical Training (CPT) authorization.

Extraordinary Ability O-1 Work Visa

For individuals with outstanding qualifications or a strong STEM background, the O-1 extraordinary ability visa may be an option. The O-1 visa requires substantial proof of one's qualifications and achievements. O-1 is a temporary work visa approved for up to 3 years each time, and can be extended indefinitely.  Please see our previous article for details of the O-1 visa.

Employer-sponsored Green Card

Rather than relying only on H-1B, one may also consider applying for their green card directly, if their employer is ready to start the application process. There is no requirement that one must be in H-1B status first before applying for their permanent resident status.  For applicants born in countries with available visa numbers, their green cards could be approved relatively quickly.  However, they must maintain their lawful status until they are able to submit their final green card application.

Self-Petitioned Green Card

Without sponsorship by a U.S. employer, a foreign worker may also file a self-petition for their green card if qualified.  For example, they may apply for a green card under the EB-2 visa category with a National Interest Waiver (NIW).  The applicant must prove that their immigration will serve an important interest of the United States.  USCIS has encouraged qualified individuals with a strong STEM background to apply.  Please see our previous article for details of an NIW application. 

EB-1A Extraordinary Ability petition can also be filed by a foreign applicant without employer sponsorship.  It is similar to the O-1 work visa with even more stringent requirements.  One must submit evidence to demonstrate that they have risen to the very top of their field of endeavor. Proof of sustainted national or international acclaim is also required.  Not only scientists or researchers can submit EB-1A petitions, professionals in other fields such as art and design, business, education, health care, engineering, etc., may also qualify.  When in doubt, one should obtain a professional evaluation of their qualifications. 

E-2 Visa

For entrepreneurs who are interested in starting up a small business in the U.S., the E-2 Treaty Investor visa may be the answer.  Their spouses and children may also live, work and study in the U.S. To apply for an E-2 visa, one's country of citizenship (not birth) must have a commerce treaty with the U.S.  Most European and Asian countries are eligible.  Please see our previous article for details. 

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

Most Immigration Filing fees To Increase on April 1st

 

The Department of Homeland Security (DHS) has finalized fee changes for almost all immigration applications and petitions, and a majority of them are increases. The most substantial increases are the filing fees for I-129 petition for non-immigrant workers, H-1B cap registration fee (effective in FY 2026), and EB-5 related applications. A new asylum fee is added to the existing I-129 filing fees.

The filing fee for I-130 family-based visa petition will increase 26% to $675.  For I-485 adjustment application with biometric services, the filing fee will increase to $1,440.  The filing fee for I-751 Petition to Remove Conditions will increase 26% to $750; for N-400 (with biometrics) to $760.  

The fees adjustments vary for paper filings and online filings. Small employers and nonprofits also enjoy some discount in fees. USCIS actually offers about $50 discount for some applications filed online. The following table represents the fee changes for some of the most common applications, if filed in paper.  

Selected Paper Filing Fee Changes

  

Form	Immigration benefit	Current fee ($)	New fee ($)
N-400	Naturalization with biometrics	725	760
N-600	Application for Certificate of Citizenship	1,170	1,385
N-600K	Application for Citizenship and Issuance of Certificate Under Section 322	1,170	1,385
I-90	Replace Permanent Residence Card with biometrics	540	465
I-102	Replacement/Initial Nonimmigrant Arrival-Departure Document	445	560
I-212	Permission to Reapply for Admission into the U.S. After Deportation or Removal	930	1,175
I-290B	Notice of Appeal or Motion	675	800
I-131	Travel Document with biometrics	660	630
I-765	Employment Authorization	410	520
I-485, I-765, & I-131	Application to Register Permanent Residency or Adjust Status, Employment Authorization, & Travel Document	1,225	2,195
I-539	Extend/Change Nonimmigrant Status with biometrics	455	470
I-751	Remove Conditions on Residence	680	750
I-129 for L	L applications by large/small employers	460	1385/695
I-129 for O	O applications by large/small employers	460	1055/530
I-129 for H	I-129 H-2A - Unnamed Beneficiaries	460	425
I-129 for H1B	Employers with 25 or few employees (fraud fee and ACWIA fee additional)	460	460 + 300 asylum fee
I-129 for H1B	Employers with 26 or more employees (fraud fee and ACWIA fee additional)	460	780 + 600 asylum fee
I-130	Petition for Family Immigration	535	675
I-129F	Petition for Alien Fiancé(e)	535	675
I-140	Immigrant Petition for foreign Worker (asylum fee: small employers $300; other employers - $600)	700	715 + 300/600 asylum fee
I-601	Waver of Ground of Excludability	930	1050
I-601A	Application for Provisional Unlawful Presence Waiver	630	795

* Note: Asylum fees are waived for non-profit petitioners.

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