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  • 19Apr

    Client Alert: USCIS Alien Registration Requirement

    Uncategorized, USCIS Policy Updates Comments Off on Client Alert: USCIS Alien Registration Requirement

    Effective April 11, 2025, certain foreign nationals who are not already considered registered (as described below) are required to register with U.S. Citizenship and Immigration Services (USCIS) and undergo biometrics collection and a background check. Such registration is in furtherance of the Executive Order issued on January 20, 2025 by President Trump entitled “Protecting the American People Against Invasion,” which directed the Department of Homeland Security (DHS) to ensure that all foreign nationals comply with their duty to register with the government, with the failure to comply being treated as a civil and criminal offense. The DHS issued an Interim Final Rule (IFR) on March 12, 2025 outlining how the registration requirement would be implemented through an online system administered by USCIS.  See full Alien Registration Requirement details here.

    If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

  • 17Apr

    Client Alert: Immigration Travel and Registration Checklists

    Uncategorized Comments Off on Client Alert: Immigration Travel and Registration Checklists

    A.       TRAVEL – INTERNATIONALLY

    • Valid Passport
    • Valid Visa or I-94 record, when applicable. https://i94.cbp.dhs. gov/home Note that, if traveling to Canada or Mexico for no more than 30 days, you may travel with an expired visa and valid I-94 record. NOTE: Citizens of certain countries (e.g., Indian nationals) need a Canadian visitor visa to visit Canada. Indian nationals may visit Mexico with a valid U.S. visa.
    • Valid I-797 USCIS approval notice. Note the bottom of the form may include your I-94 admission record. If subject to an extension or amendment, copy of USCIS receipt notice. NOTE: For M&L clients, such receipt notice is available on M&L’s online portal.
    • Current employment verification letter from employer confirming authorized work title, location, and period of employment with employer. Such letter should be requested from your HR representative. If HR has questions, they may contact us.
    • Advise employer contact of return date and port of entry. A U.S. Customs and Border Protection officer may need to speak with the employer to confirm information about the employment. If you are applying for a new visa at a U.S. consular post abroad, again, a consular officer may call or email the company contact to confirm information. The consular officer will rely on the contact information included on the DS-160 form submitted to the consular post electronically to apply for the visa.
    • A failure to file a change of address AR-11 with USCIS within ten days of an address change in the United States may result in a fine, imprisonment and/or removal from the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefits.
    • Always tell the truth to a CBP or consular official.
    • If you have been arrested, that information may result in a refusal of a visa or entry to the U.S., depending on the circumstances.
    • When you are at a port of entry, if the CBP officer is questioning your eligibility for admission to the U.S. in your current status or a new status for which you are applying and it appears likely that he/she may render a decision to refuse your request for entry, you should politely request the Officer to speak with a supervisor. There is a supervisor on duty at all times at every U.S. Port of Entry. The other option you may want to consider is requesting a withdrawal of your application for admission in order to obtain whatever supplemental information the CBP officer may require.
    • Remember that social media postings are being reviewed by CBP, the Department of State, and U.S. Citizenship and Immigration Services (USCIS). Posts that may compromise a “compelling foreign policy interest” are being reviewed intensively.

    B. TRAVEL – DOMESTICALLY

    • Due to the enforcement of the registration rules, it is critical that foreign nationals “carry” their qualifying registration documents while in the U.S. Failure to carry your documents is a Class B federal misdemeanor ($5,000.00 fine/30 days jail). This requirement applies to those 18 years of age or older.
    • Usually, the registration requirement will be satisfied by a valid I-94, which is downloaded from the CBP website or your valid visa issued at a U.S. consular post. The other typical option for legal permanent residents is, of course, your legal permanent resident card (green card).
    • For minors, there is a re-registration requirement for those in the U.S. within 30 days of when they turn 14.
    • A separate requirement is the ability to prove your lawful status in the U.S.  This requirement is normally satisfied with your registration documents; however, if you have a pending extension application with USCIS and your I-94 is about to expire or has expired, carry a copy of USCIS receipt notice.
    • Remember that any request for admission to the U.S. allows a CBP officer to review your nonimmigrant visa status or legal permanent resident status.
    • It is possible to be determined to be inadmissible to the U.S., to have your visa revoked, or to lose permanent residence based on criminal arrests.
    • A failure to file a change of address AR-11 with USCIS within ten days of an address change in the United States may result in a fine, imprisonment and/or removal from the United States. Failure to comply could also jeopardize your ability to obtain a future visa or other immigration benefits.

    If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

     

  • 03Mar

    Client Alert: USCIS Announces Alien Registration Requirement

    USCIS Policy Updates Comments Off on Client Alert: USCIS Announces Alien Registration Requirement

    Beginning February 25, 2025, foreign nationals who are not already deemed registered (as described below) are required to register with USCIS. Such registration is in furtherance of the Executive Order issued on January 20, 2025 by President Trump entitled “Protecting the American People Against Invasion,” which directed the Department of Homeland Security (DHS) to ensure that all foreign nationals comply with their duty to register with the government, with the failure to comply being treated as a civil and criminal offense.

    Who Must Be Registered

    Citing the Immigration and Nationality Act (INA) (8 U.S.C.1302), which has been dormant and unenforced for decades, the Executive Order requires that all foreign nationals 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. Similarly, parents and guardians must ensure that their children below the age of 14 are registered. Within 30 days of reaching their 14th birthday, the previously registered alien child must re-register and be fingerprinted.

    Once a foreign national has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which foreign nationals over the age of 18 must carry and keep in their possession at all times. For the full Client Alert details click here.

    If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

  • 28Feb

    Client Alert: Department of State Mandates Denial of Immigrant and Nonimmigrant Visa Applications Listing Gender that is Inconsistent with Gender at Birth, Effecting Transgender Visa Applicants

    Uncategorized Comments Off on Client Alert: Department of State Mandates Denial of Immigrant and Nonimmigrant Visa Applications Listing Gender that is Inconsistent with Gender at Birth, Effecting Transgender Visa Applicants

    On February 24, 2025, the Secretary of State of the U.S. Department of State (“DOS”), Marco Rubio, issued a cable (the “Cable”) to all diplomatic and consular posts on the adjudication of visa applications for all transgender visa applicants, including athletes, whose gender on the application does not match their gender at birth. Entitled “Guidance for Visa Adjudicators on Executive Order 14201: ‘Keeping Men Out of Women’s Sports’”, the Cable mandates that all visa-issuing posts follow the guidance effective immediately in order to implement President Trump’s Executive Order (“EO”), “Keeping Men out of Women’s Sports.”

    While the Cable appears to be focused on preventing transgender athletes from traveling to the U.S. to compete in women’s sports, the Cable includes sections that are broadly phrased to effectively apply to all transgender visa applicants – not just transgender athletes. In pertinent part, the broad language of Section 6 of the Cable mandates:

    “[B]oth immigrant and nonimmigrant visa applications request that an applicant identify the sex as either male or female. Moreover, all visas must reflect an applicant’s sex at birth. If there is a discrepancy either in the applicant’s documents or in electronic consular records, or if other evidence casts reasonable doubt on the applicant’s sex, you should refuse the case under 221(g) and request additional evidence to demonstrate sex at birth. Typically, a timely-registered birth certificate with a sex marker will suffice for this purpose.”

    For the full Client Alert details click here. If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

  • 19Feb

    Client Alert: Eligibility for Nonimmigrant Visa Interview Waiver Program (“Dropbox” Appointment) Is Restricted at U.S. Consular Posts Abroad

    Consular Processing Updates Comments Off on Client Alert: Eligibility for Nonimmigrant Visa Interview Waiver Program (“Dropbox” Appointment) Is Restricted at U.S. Consular Posts Abroad

    While no official government announcement has been made, the United States Department of State updated the eligibility requirements for Visa Interview Waiver (“dropbox”) appointments at U.S. consular posts. Based on the revised eligibility requirements, nonimmigrant visa applicants are eligible for an interview waiver if they are renewing a visa in the same visa category that expired within the past 12 months or is still valid, among other requirements.

    Previously, nonimmigrant visa applicants holding a visa in the same classification that expired within the preceding 48 months were eligible for an interview waiver, among other requirements. U.S. consulates have now reverted back to pre-COVID eligibility requirements for interview waiver program, narrowing the criteria to the following: (1) an applicant must be applying for a visa in the same nonimmigrant visa classification as the prior visa; and (2) their prior visa must have expired within the last 12 months or still be valid. Visa applicants who do not meet this narrower interview waiver eligibility criteria will be required to attend an in-person interview at a U.S. consulate to apply for a visa.

    No announcement or guidelines has been provided on whether consular posts will consider interview waiver visa applications that are currently pending for adjudication. As such, we recommend that applicants who no longer meet the interview waiver eligibility requirement schedule for an in-person visa interview to avoid the risk being turned away or face processing delays.

    This policy change may have significant impact on H-1B, L-1, O-1, and other nonimmigrant visa holders who previously relied on the dropbox processing for visa renewals, as higher demand for in-person visa interview appointments at U.S. consular posts will result in longer wait times, decreased appointment availability, travel disruptions, and delays. Employees who plan to apply for a nonimmigrant visa abroad must carefully plan their travel in advance and may expect to appear for an in-person interview at the U.S. consulate.

    If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

  • 10Feb

    HR/Legal Client Alert: USCIS Announces the FY 2026 H-1B Cap Registration Period and Significant Registration Fee Increase

    H-1B Visa News Comments Off on HR/Legal Client Alert: USCIS Announces the FY 2026 H-1B Cap Registration Period and Significant Registration Fee Increase

    On February 5, 2025, USCIS officially announced the dates of the initial H-1B registration period for the Fiscal Year (FY) 2026, which registration period will open on Friday, March 7, 2025 at 12pm EDT and run through Monday, March 24, 2025 at 12pm EDT.

    Similar to last year, H-1B cap-subject sponsoring employers and counsel will be required to use the USCIS online account to register each beneficiary electronically for the selection process and pay the required registration fee. As we mentioned in our last email to you, there will, however, be a significant increase in the 2026 fiscal year H-1B registration filing fee from $10 to $215 for each registration submitted on behalf of each of your employees.

    Per this announcement, we can begin to enter the registration information for each of your H-1B candidates on March 7, 2025 and submit the H-1B cap registration, along with the $215 fee on the USCIS online account. On that basis, if you have not already done so, please prepare your list of FY 2026 H-1B cap registration candidates by identifying potential beneficiaries to ensure that all candidates may be registered within the designated timeframe. Employer Representatives should also make sure that you still maintain access to the Company’s USCIS organization account online.

    For the FY 2026 H-1B cap selection process, USCIS will continue to utilize the beneficiary-centric selection process launched in FY 2025 under which registrations are selected by unique beneficiary rather than by registration. USCIS will perform its random selection and notify the attorneys and employers by March 31, 2025.

    If you have any employees for whom you would like to include in this year’s H-1B lottery, please contact us immediately. Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

  • 24Dec

    Client Alert: DHS Implements Final Rule To Modernize The H-1B Program With Improvements To Other Nonimmigrant Classifications

    Uncategorized Comments Off on Client Alert: DHS Implements Final Rule To Modernize The H-1B Program With Improvements To Other Nonimmigrant Classifications

    In the final days of the Biden Administration, the U.S. Department of Homeland Security (“DHS”) introduced a new Final Rule that revises certain eligibility requirements for the H-1B visa program, while providing clearer guidelines on which foreign workers may qualify for the highly sought-after H-1B specialty occupations in the United States. This Final Rule will go into effect on January 17, 2025, just before the incoming administration takes office on January 20.

    While many of the “updates” in the Final Rule are nothing more than codifying existing best practices and adjudicative policies into law (likely in an effort to safeguard these practices and policies from future abuse), this Client Alert will address the most salient changes to the H-1B regulations, and provide direction on what actions can be taken by employers to take advantage of such changes going forward.

    To see an overview of the changes to the H-1B regulations and full Alert details click here.

    If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

  • 05Dec

    Best Practices and Recommendations for Immigration 2025

    Immigration Reform Comments Off on Best Practices and Recommendations for Immigration 2025

    With a careful view toward the new year and the incoming administration in the United States, we can anticipate immigration reforms that will have an impact on employers. Meyner and Landis LLP Partners Anthony Siliato and Lin Walker have prepared a PowerPoint presentation, including audio narration, to present best practices and recommendations for employers to consider in the new year. Among the topics covered in this presentation are:

    ♦ Anticipated Increase in Site Visits and Audits
    ♦ Anticipated Reduction in Employment Authorization Eligibility and EAD Validity
    ♦ Anticipated Increase in Processing Times and Backlogs
    ♦ Consular Processing Delays
    ♦ Anticipated Increase in Filing Fees
    ♦ Anticipated Increase in Prevailing Wages for H-1B, H-1B1, E-3 and PERM Labor Certifications
    ♦ Anticipated Mandatory Requirement of E-Verify
    ♦ Travel Bans for Citizens of Certain Countries
    ♦ Legislative Contact

    The full PowerPoint presentation can be viewed here: Best Employer Practices – Immigration 2025
    As you click through, please make sure the sound on your computer or mobile device is turned on. For access to the Primer on Site Visits/Audits, which is mentioned in the presentation, click here: PRIMER ON FDNS Audits

    If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

  • 02Dec

    Primer on Response to Field Visits from USCIS Personnel

    USCIS News Comments Off on Primer on Response to Field Visits from USCIS Personnel

    Background

    A USCIS site visit is an unannounced inspection carried out through employees or contractors with the Fraud Detection and National Security Directorate (“FDNS”) to ensure that an employer is complying with immigration laws and regulations. The purpose of the visit is to verify the information submitted with the petition filed on behalf of a specific foreign national (FN) and to assess the employer’s compliance. More specifically, FDNS is generally looking to verify two things: (1) the Employer is a real operating business entity; and (2) the FN who was sponsored is a “legitimate” employee.

    Preparation Before a Site Visit

    The key to reducing the anxiety associate with a site visit is to prepare, in advance, all FNs, HR personnel and documentation. Employers should establish a best practice or procedure for site visits, and ensure that all HR and public facing employees are trained on the procedure. This includes:

    • Appointing a specific individual to serve as the point of contact for FDNS. Preferably this person should be an HR manager who has in-depth knowledge of the company’s FNs and immigration procedures.
    • Ensuring that everyone in the company (including receptionists, greeters, and security) knows who this point of contact is and how to reach them if FDNS arrives.
    • Conducting an internal review to ensure that each FN who is employed on a temporary employment-based visa (e.g., E-3, H-1B, H-1B1, L-1, O-1, or TN) is working in a capacity that is consistent with the job duties, work locations, and salary listed in their immigration petitions.
    • Ensuring that Public Access Files (“PAFs”) are current for any FNs employed in E-3, H-1B or H-1B1 visa classification.
    • During onboarding, FNs should be advised about the possibility of FDNS site visits and should be provided with a copy of their immigration petition.
    • Ensuring that copies of filed immigration petitions are kept in a centralized location that is well-organized and easy to access in the event of a site visit.

    See additional Primer details, including possible questions an Employer and FN might be asked by FDNS during a site visit. Click here: PRIMER ON FDNS Audits

    If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

  • 12Nov

    Client Alert: Immigration Reforms Expected During the 2nd Trump Term

    Uncategorized Comments Off on Client Alert: Immigration Reforms Expected During the 2nd Trump Term

    In line with the 2025 Presidential Transition Project and other pronouncements, it is expected that the Trump Administration will most likely propose new initiatives and attempt to rescind and/or reverse many existing regulations and executive orders.

    In anticipation of the immigration reforms that are being proposed for President Trump’s 2nd Term, we are summarizing some of the most consequential policy proposals that would impact employers and their foreign national employees. This Client Alert offers only a summary of the proposed immigration reforms. There is no guarantee that any of these will become effective. Moreover, while certain initiatives may be enacted through executive orders and by policy changes by the Department of Homeland Security (“DHS”) and the Department of Labor (“DOL”), other measures are likely to face legal challenges. See full Client Alert details here.

    If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

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