MANJUNATH GOKARE, Author at GokareLPO

GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR JANUARY 2026

MANJUNATH GOKARE — Fri, 30 Jan 2026 11:53:06 +0000

INTRODUCTION:

January 2026 was very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

DHS Reduces Wait Times for Religious Workers
State Department’s February Visa Bulletin
U.S. Visa Processing Paused for Applicants From 75 Countries
USCIS Hikes Premium Process Fees from March 01
Visa Bond Pilot Program For B-1/B-2 Applicants
Citizenship On Hold: Thousands Left in Limbo After U.S. Freezes Naturalization Ceremonies

We at GLF post regular updates on our Google, LinkedIn, Twitter, and Instagram handles. Additionally, we also periodically send out GLF Newsletters when the subject matter is extensive and relevant for a detailed analysis. Presented below is a consolidated summary of updates posted on GLF’s various social media handles for January 2026

DHS REDUCES WAIT TIMES FOR RELIGIOUS WORKERS

The U.S. Department of Homeland Security (DHS) has issued an interim final rule that significantly reduces delays for religious workers seeking to return to the United States.

What Has Changed?
Previously, R-1 religious workers who reached the statutory five-year maximum stay were required to remain outside the U.S. for one full year before reapplying. Under the new rule, this one-year foreign residency requirement has been eliminated.

While R-1 workers must still depart after completing five years in the U.S., there is no longer a mandatory minimum period they must remain abroad before seeking readmission. This change minimizes disruption for religious institutions and ensures continuity of essential religious services.

The rule also addresses long-standing backlogs in the EB-4 immigrant visa category, which worsened following visa processing changes in 2023.

USCIS is accepting public comments for 60 days following publication in the Federal Register.

STATE DEPARTMENT’S FEBRUARY VISA BULLETIN

The U.S. Department of State has released the February 2026 Visa Bulletin. USCIS has confirmed that: Dates for Filing must be used for both family-sponsored and employment-based filings.

Family-Sponsored Preference Categories (India):

F-1 – Final Action Date: November 08, 2016 (unchanged); Dates for Filing: September 01, 2017 (unchanged)
F-2A – Final Action Date: February 01, 2024 (unchanged); Dates for Filing advanced from December 22, 2025, to January 22, 2026
F-2B – Final Action Date: December 01, 2016 (unchanged), Dates for Filing: March 15, 2017 (unchanged)
F-3 – Final Action Date: September 08, 2011 (unchanged); Dates for Filing: July 22, 2012 (unchanged)

Employment-Based Preference Categories (India):

EB-1 – Final Action Date: February 01, 2023 (unchanged); Dates for Filing: August 01, 2023 (unchanged)
EB-2 – Final Action Date: July 15, 2013 (unchanged); Dates for Filing: December 01, 2013 (unchanged)
EB-3 – Final Action Date: November 15, 2013 (unchanged); Dates for Filing: August 15, 2014 (unchanged)
EB-4 – Final Action Date: January 01, 2021 (unchanged); Dates for Filing: March 15, 2021 (unchanged)

Religious Workers Category: Final Action Date has advanced from (January 01, 2021) to Unavailable; Dates for filing have advanced from (March 15, 2021) to Unavailable.

The DV-2026 annual limit has been reduced to 52,000 visas.

U.S. VISA PROCESSING PAUSED FOR APPLICANTS FROM 75 COUNTRIES

The U.S. Department of State has announced a temporary pause on immigrant visa processing for applicants from 75 countries, effective January 21, 2026, as part of expanded consular screening and public charge reviews.

This pause applies only to immigrant visas (employment-based and family-based) and does not impact B-1/B-2 visitor visas. U.S. embassies and consulates have been instructed to halt final adjudications during this review period.

Due to the absence of detailed public guidance, applicants are strongly advised to monitor official announcements and consult immigration counsel before making travel, employment, or relocation decisions.

USCIS HIKES PREMIUM PROCESS FEES FROM MARCH 01

DHS has issued a final rule increasing USCIS premium processing fees, reflecting inflation adjustments authorized under the USCIS Stabilization Act.

The revised fees apply to Form I-907 requests postmarked on or after March 1, 2026. Premium processing remains available only for eligible benefit categories.

Form I-129

H-2B or R-1 Non-immigrant status Current Fee: $1,685 → New Fee: $1,780

E-1, E-2, E-3, H-1B, H-3, L-1A, L-1B, LZ, O-1, O-2, P-1 / P-1S, P-2 / P-2S, P-3 / P-3S, Q-1, TN-1, TN-2: Current Fee: $2,805 → New Fee: $2,965

Form I-140: Employment-based immigrant categories (E11, E12, E13, E21 – NIW & Non-NIW, E31, E32, EW3): Current Fee: $2,805 → New Fee: $2,965Form I-539: F-1, F-2, J-1, J-2, M-1, M-2: Current Fee: $1,965 → New Fee: $2,075

Form I-765: OPT and STEM OPT: Current Fee: $1,685 → New Fee: $1,780

Key Takeaway:

Employers, students, and petitioners should factor these increased costs into filings submitted on or after March 1, 2026 to avoid rejections or processing delays.

VISA BOND PILOT PROGRAM FOR B-1/B-2 APPLICANTS

The U.S. Department of State has launched a 12-month Visa Bond Pilot Program for certain B-1/B-2 visitor visa applicants under a Temporary Final Rule.

Consular officers may require applicants from designated countries to post a Maintenance of Status and Departure Bond of $5,000, $10,000 (standard), or $15,000 before visa issuance. Bonds are paid via Pay.gov and held by the U.S. Treasury under DHS direction.

Applicants subject to the bond receive a single-entry visa valid for 3 months and may be admitted for up to 30 days only. Entry and departure are limited to designated ports of entry, including JFK, Boston, Washington Dulles, Newark, Atlanta, Chicago O’Hare, Los Angeles, Toronto, and Montréal.

The list of affected countries across Africa, Asia, the Caribbean, and South America—is updated periodically, with most additions effective January 2026. The bond requirement applies regardless of where the visa is issued.

The bond is refunded upon timely departure and full compliance with visa terms; violations may result in forfeiture. The pilot runs through August 5, 2026, and is expected to increase processing times and limit travel flexibility.

CITIZENSHIP ON HOLD: THOUSANDS LEFT IN LIMBO AFTER U.S. FREEZES NATURALIZATION CEREMONIES

President Donald Trump’s decision to suspend U.S. naturalization ceremonies for applicants from dozens of countries has left thousands of lawful permanent residents unable to complete the final step to citizenship. Many of those affected have lived in the United States for years or decades and have already passed background checks, English and civics exams, and received formal approval.

The suspension followed a deadly shooting involving a National Guard member in Washington, D.C., after which the administration imposed broader migration limits on countries it labeled “high-risk.” USCIS initially halted ceremonies for applicants from 19 countries, later expanding the list to 39. While officials say the pause allows for additional security screening, critics note that the naturalization process already includes extensive vetting.

Because many applicants were fully approved and waiting only to take the oath, the policy effectively blocks citizenship at the final stage, with no clear timeline or individualized review.

SIGN UP FOR GLF NEWSLETTER 

We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all our earlier GLF Newsletters on our website

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR JANUARY 2026 appeared first on GokareLPO.

GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR NOVEMBER 2025

MANJUNATH GOKARE — Thu, 27 Nov 2025 05:35:25 +0000

INTRODUCTION

November 2025 was quiet month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on following U.S. Immigration matters, including:

DOS Cable Signals A Tougher Stance On Public Charge Decisions
OFLC Issues Filing Accommodations After Shutdown (Oct 1–31, 2025)
State Department’s December Visa Bulletin – Key Updates

DOS CABLE SIGNALS A TOUGHER STANCE ON PUBLIC CHARGE DECISIONS

Department of State cable issued around November 6, 2025, reportedly expands how consular officers should apply INA 212(a)(4) public charge rules. While still using the “totality of the circumstances” test, officers must now scrutinize medical exams more closely and issue 221(g) requests if chronic physical or mental conditions. Even non-classified conditions like obesity may raise future financial-burden concerns.

The cable also instructs officers to weigh other negative indicators more heavily. Limited English proficiency, low-skill work history, and any past public assistance including benefits received abroad can contribute to a public charge finding. Affidavits of support are emphasized as only one factor rather than a deciding element.

Finally, the guidance reaffirms that 212(a)(4) applies to certain non-immigrant categories such as H-1B and L. This signals a broader, more probing review of applicants’ financial self-sufficiency across both immigrant and select non-immigrant visas

OFLC ISSUES FILING ACCOMMODATIONS AFTER SHUTDOWN (OCT 1–31, 2025):

Manual Entry: OFLC will input all shutdown-period filings; duplicates may cause denials.
No Withdrawals: Requests to withdraw filings submitted during this period will not be processed.
PERM Recruitment Extended: Recruitment expiring Oct 1–Nov 2 receives an automatic 33-day extension.
Response/appeal deadlines extended: RFIs, audits, NOAs, NODs, reconsiderations, and appeals all receive a 33-day extension.
Additional Time: Additional extensions may be requested via FLAG or the OFLC HelpDesk.

These measures aim to ease processing delays caused by the month-long system suspension

STATE DEPARTMENT’S DECEMBER VISA BULLETIN – KEY UPDATES:

The State Department has released the December 2025 Visa Bulletin. Both Family-Sponsored and Employment-Based applicants must use the Dates for Filing chart.

Family-Sponsored (India):

F-1: Final Action 11/08/2016; Filing 09/01/2017 (unchanged)
F-2A: Final Action 02/01/2024; Filing 11/22/2025 (advances)
F-2B, F-3: No changes

Employment-Based (India):

EB-1: Final Action 03/15/2022; Filing 04/15/2023
EB-2: Final Action 05/15/2013; Filing 12/01/2013
EB-3: Final Action 09/22/2013; Filing 08/15/2014
EB-4/Religious Workers: Final Action 09/01/2020; Filing 02/15/2021 (SR category reopens)

The DV-2026 program is reduced to 52,000 visas.

Religious Workers (SR) Update:

Under H.R. 5371 (Nov 12, 2025), the SR category is extended to Jan 30, 2026. No SR visas or adjustments may be approved after Jan 29, 2026. Visas issued before that date are valid only until Jan 29, 2026. The December SR Final Action Date remains Sept 1, 2020, for all countries

SIGN UP FOR GLF NEWSLETTER

At GLF, we will continue to follow further developments in the above discussed and other matters, while we provide updates through our Newsletter as and when they become available. GLF receives numerous emails, and phone calls every day seeking comments on various proposed bills and media reports that are often inaccurate. It is our job to separate facts from fiction and advise clients on important and relevant updates. The best way to receive accurate information is through GLF Newsletters. We encourage you (and your employees) to sign up for GLF Newsletter. If you have not already signed up to receive our Newsletters, please do so by visiting www.gokarelaw.com and signing up under the Newsletter Tab. All we need is your name and email address, which takes very little time to sign up. You can also review all of our earlier GLF Newsletters on our website

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR NOVEMBER 2025 appeared first on GokareLPO.

GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR OCTOBER 2025

MANJUNATH GOKARE — Tue, 04 Nov 2025 11:01:47 +0000

INTRODUCTION:

October 2025 was very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

USCIS Issues Dual Memos Impacting Naturalization: Good Moral Character & Neighborhood Investigations
H-1B Visa Overhaul: Key Takeaways for Employers and Institutions
State Department’s November 2025 Visa Bulletin
Navigating the Government Shutdown: What H-1B Workers and Employers must know
Preparing For USCIS’S Mandatory Electronic Payment System starting October 29, 2025
DHS Ends Automatic Extensions of Employment Authorization Documents (EADS)
USCIS Reaffirms Strict Review on Public Charge Determinations

USCIS ISSUES DUAL MEMOS IMPACTING NATURALIZATION: GOOD MORAL CHARACTER & NEIGHBORHOOD INVESTIGATIONS

USCIS has issued two key memos resharing how Good Moral Character (GMC) and Neighborhood Investigations are handled for Naturalization applicants

USCIS now emphasizes a holistic, “totality of circumstances” approach in assessing Good Moral Character (GMC), weighing both positive and negative factors.
Positive indicators include community service, family responsibility, education, stable employment, and tax compliance.
Disqualifying acts/ Negative factors includes ranging from serious crimes to repeated DUIs or unlawful voting—remain bars to GMC.
Officers may also assess behavior “contrary to the average citizen,” a subjective and undefined standard that could lead to inconsistent adjudications.
USCIS also reinstates the authority for personal investigations under INA §335(a), allowing discretionary neighborhood, employer, and community inquiries.
Applicants may be asked to provide contact information for references.
Applicants should be prepared to demonstrate positive contributions and anticipate potential field inquiries during the process.

USCIS ensures that naturalization reflects both allegiance to the United States and alignment with its moral and civic expectations.

H-1B VISA OVERHAUL: KEY TAKEAWAYS FOR EMPLOYERS AND INSTITUTIONS

The White House has proposed significant new restrictions to the H-1B visa program, marking one of the most substantial overhauls in years. The Proposed rule, titled “Reforming the H-1B Non-immigrant Visa Classification Program,” seeks to tighten eligibility standards and increase oversight of U.S. employers hiring skilled foreign workers.

Key proposed changes include:

Narrowing the definition of “specialty occupation,”
Limiting which employers qualify for cap exemptions (impacting universities and research institutions),
Increasing scrutiny of third-party placements, and
Stricter compliance measures and higher penalties for prior violations.

A separate $100,000 petition fee has already triggered pushback from industries reliant on global talent—particularly healthcare, education, and tech sectors. Supporters argue these reforms will curb abuse and protect U.S. workers, while critics warn they could undermine innovation, research, and competitiveness by deterring highly skilled professionals.

The rule is currently in ‘Proposed Rule stage’ at OIRA, once published in the Federal Register it will remain open for public comment for period of 30 days or 60 days as determined by DHS.

While the administration cites worker protection and program integrity, critics warn these changes could impact employers, universities, and skilled professionals. They may face legal challenges similar to prior H-1B reform attempts struck down by courts.

STATE DEPARTMENT’S NOVEMBER VISA BULLETIN

The State Department has issued the November 2025 Visa Bulletin – here are the highlights:

For Family-sponsored filings, the Dates for Filing chart must be used; likewise, for employment-based filings, the Dates for Filing chart must also be used.

For Family-Sponsored Preference Categories (India):

F-1 – Final Action Date (November 08, 2016) remains unchanged; Dates for Filing (September 01, 2017) remains unchanged.
F-2A – Final Action Date (February 01, 2024) remains unchanged; However, Dates for Filing have advanced from (September 22, 2025) to (October 22, 2025).
F-2B – Final Action Date has advanced from (November 22, 2016) to (December 01, 2016); Dates for Filing have advanced from (January 01, 2017) to (March 08, 2017).
F-3 – Final Action Date (September 08, 2011) remains unchanged; Dates for Filing (July 22, 2012) remain unchanged.

For Employment -Based Preference Categories (India):

EB-1 – Final Action date (February 15, 2022) remains unchanged; Dates for Filing have not changed (April 15, 2023).
EB-2 – Final Action Date (April 01, 2013) remains unchanged; Dates for Filing (December 01, 2013) remain unchanged.
EB-3 – Final Action Date (August 22, 2013) remains unchanged; Dates for Filing (August 15, 2014) remain unchanged.
EB-4 – Final Action (July 01, 2020) remains unchanged; Dates for Filing (February 15, 2021) remain unchanged. Religious Workers category is Unavailable for issuance.

The DV-2025 annual limit will be reduced to 52,000.

NAVIGATING THE GOVERNMENT SHUTDOWN: WHAT H-1B WORKERS AND EMPLOYERS MUST KNOW

The ongoing Federal government shutdown has created uncertainty for H-1B workers and employers alike. While USCIS continues to process already filed H-1B petitions, the Department of Labor (DOL) has stopped issuing Labor Condition Applications (LCAs)—a mandatory step for all H-1B (New/ Transfer/ Amendment) filings. As a result, no new H-1B petitions can be filed until the DOL resumes operations.

USCIS has, however, acknowledged the shutdown as an “extraordinary circumstance.” This allows for potential excuse of late filings—but only when the delay is directly tied to the shutdown and clearly documented. Employers are advised to proactively prepare all documentation, maintain evidence of delays, and stay ready to file LCAs and petitions immediately once DOL reopens.

For those workers nearing status expiration are advised not to wait but to switch to B-2, H-4, or L-2) before expiry. This will help in avoid unlawful presence and future immigration complications. Once Federal government function resume, the applicants can switch back the H-1B status and also ensure to withdraw their interim application by requesting for sequential adjudication and maintain their H-1B status under the “last action rule.”

PREPARING FOR USCIS’S MANDATORY ELECTRONIC PAYMENT SYSTEM STARTING OCTOBER 29, 2025

Starting October 29, 2025, USCIS will accept only electronic payments, a significant procedural shift that will require Law firms and Petitioners to review, document, and update their payment processes.

Until now, most Immigration Law Firms/ Petitioners relied on checks, cashier’s checks, or money orders for filing fees. Under the new system, only Automated Clearing House (ACH) transfers or credit/debit card payments will be accepted. Firms should review state bar guidance on whether ACH payments may originate from an IOLTA or client-trust account, as state rules differ on this point

Recommended Steps for a Smooth Transition:

Use a separate Form G-1450 or G-1650 for each USCIS filing fee, batching fees on one form is not permitted.
Adopt secure payment platforms (e.g., LawPay Smart Spend, Corpay, Extend) that can generate unique, client-specific virtual card numbers.
Do not retain ACH or credit-card forms longer than necessary; redact or delete financial data immediately after submission.
Follow PCI Compliance standards to safeguard client payment information and meet ethical confidentiality obligations.
Maintain a detailed payment log linking each transaction to the correct client and filing to ensure accurate reconciliation, since electronic statements often lack identifying details.

Note that USCIS will attempt ACH transactions twice before rejection, but will attempt credit-card payments only once, making accuracy and available funds essential.

DHS ENDS AUTOMATIC EXTENSIONS OF EMPLOYMENT AUTHORIZATION DOCUMENTS (EADS)

On October 28, 2025, the Department of Homeland Security (DHS) announced an interim final rule ending the automatic extension of Employment Authorization Documents (EADs) for all C-9 Categories. This policy shift is intended to strengthen DHS’s screening and vetting procedures to safeguard public safety and national security.

Beginning October 30, 2025, individuals filing EAD renewal applications will no longer receive an automatic extension of work authorization, except in limited cases—such as extensions mandated by law or specific Temporary Protected Status (TPS) designations published in the Federal Register.

The new rule emphasizes more frequent background checks to deter fraud and identify individuals who may pose security risks before authorizing continued employment. DHS and USCIS describe this as a “commonsense measure” that ensures proper vetting is completed prior to extending employment authorization.

USCIS advises applicants to file renewals up to 180 days before their current EAD expires to avoid potential lapses in work authorization. Any timely submission made before Oct. 30, 2025, will qualify for automatic extension under existing rules.

This development marks a significant procedural change—replacing convenience-based extensions with a security-driven approach to EAD renewals.

USCIS REAFFIRMS STRICT REVIEW ON PUBLIC CHARGE DETERMINATIONS

On September 4, 2025, USCIS released a Policy Memorandum emphasizing strict adherence to statutory and regulatory standards when determining whether applicants may become a public charge. The guidance primarily affects Form I-485 filings and reaffirms that decisions must be based on a comprehensive “totality of circumstances” criterion, considering factors such as age, health, financial stability, education, and skills.

While the Memo introduces no new rules or forms, it underscores heightened scrutiny in adjudications. It signals potential increases in Requests for Evidence or Notices of Intent to Deny, especially regarding Form I-864 Affidavits of Support and related documentation. Applicants found inadmissible may still seek limited relief through statutory waivers or by posting a discretionary public charge bond to prove financial reliability.

Practitioners should identify potential issues early by confirming exemptions, reviewing public benefit history, and ensuring sponsor eligibility, while clearly presenting the applicant’s income, assets, health, and employability to build a strong case under the totality of circumstances.

SIGN UP FOR GLF NEWSLETTER 

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR OCTOBER 2025 appeared first on GokareLPO.

ADDITIONAL CLARIFICATION RELEASED: PRESIDENTIAL PROCLAMATION IMPOSES $100,000 PAYMENT REQUIREMENT ON CERTAIN H-1B PETITIONS

MANJUNATH GOKARE — Fri, 24 Oct 2025 04:12:23 +0000

OVERVIEW

On September 19, 2025, the President issued a Proclamation on Restriction on Entry of Certain Nonimmigrant Workers, marking one of the most consequential changes to the H-1B visa program in decades.

The Proclamation states: “Effective 12:01 a.m. EDT on September 21, 2025, certain new H-1B petitions must include an additional payment of USD $100,000 as a condition of eligibility. The measure primarily applies to beneficiaries outside the United States and will remain in effect for 12 months unless extended.”

The Administration asserts that the H-1B program has been “deliberately exploited to replace, rather than supplement, American workers with lower-paid labor.” The stated goal is to ensure that the H-1B program benefits truly high-skilled professionals while protecting the U.S. workforce.

PURPOSE AND LEGAL FOUNDATION

The Proclamation cites Section 212(f) of the Immigration and Nationality Act (INA), which grants the President authority to suspend or restrict entry of noncitizens deemed detrimental to U.S. interests. However, the imposition of a monetary requirement—rather than an entry suspension—has raised serious legal questions.

Legal analysts argue that Section 212(f) authorizes entry restrictions, not fee creation. Critics contend the $100,000 payment functions as a tax—a power reserved to Congress under Article I, Section 8 of the Constitution. The Proclamation’s reliance on Section 212(f) is therefore likely to face judicial scrutiny.

WHO IS SUBJECT TO $100,000 PAYMENT

The Proclamation applies to:

New H-1B petitions filed on or after September 21, 2025, for beneficiaries outside the United States who do not hold valid H-1B visas
Petitions requesting consular or port-of-entry notification or pre-flight notification
Petitions requesting change of status, amendment, or extension, where USCIS later determines the beneficiary is ineligible (e.g., is not in a valid non-immigrant status or if the alien departed the United States before adjudication of change of status request).

This framework creates a clear distinction between workers abroad and those already in the United States. Beneficiaries with valid H-1B visas—even from prior employment—are exempt. Employers must therefore assess visa validity carefully before filing.

WHO IS NOT AFFECTED

The Proclamation does not apply to:

Petitions filed before 12:01 a.m. EDT, September 21, 2025.
Existing H-1B visa holders or validly approved petitions.
Lawful extensions, amendments, or changes of status granted for those inside the United States.
Travel and re-entry by individuals already holding valid H-1B visas.

Retaining valid visas provides substantial relief and with travel. Beneficiaries should protect their current H-1B visa stamps, making the transfers easier.

THE CONSULAR PROCESSING/PORT-OF-ENTRY NOTIFICATION

Even if a beneficiary is physically in the United States, selecting “consular processing” or “port-of-entry notification” or ‘pre-flight inspection” on Form I-129 triggers the $100,000 payment.

Employers should avoid checking these boxes unless consular processing is absolutely necessary. Amending a petition later to add such notifications may retroactively trigger the payment—an issue still unaddressed by USCIS.

CHANGE-OF-STATUS FAILURE SCENARIO

If USCIS denies a change-of-status request (for example, finding the worker out of status), the $100,000 fee must still be paid before the petition can proceed. This introduces extraordinary risk for employers filing change-of-status cases, as an adverse finding could impose retroactive liability.

Given the complexity of status determinations, employers should conduct internal audits and maintain meticulous documentation before filing.

HOW AND WHEN TO PAY

Petitioners must make the $100,000 payment through Pay.gov before filing the petition with USCIS. Proof of payment or proof of exemption from DHS must accompany the initial filing. Petitions filed without this documentation will be denied outright.

Important: Payment confirmation need only show that the transaction was scheduled, not necessarily completed, though USCIS has yet to clarify this nuance.

Employers should factor in extra processing time to:

Secure internal approval for the $100,000 expenditure
Complete payment on Pay.gov
Attach proof of payment or exemption
File the petition

EXCEPTIONS GRANTED BY DHS

The Department of Homeland Security may grant limited exceptions where:

The H-1B worker’s presence is in the national interest
No qualified U.S. worker is available
The worker poses no threat to U.S. security or welfare
The required payment would significantly undermine U.S. interests

Employers seeking such exceptions must send detailed requests and supporting documentation to H1BExceptions@hq.dhs.gov.

LEGAL CHALLENGE AND IMPLICATIONS

On October 3, 2025, a coalition of universities, healthcare organizations, labor unions, and religious groups filed a lawsuit in the U.S. District Court for the Northern District of California.

The plaintiffs argue that the $100,000 fee violates the separation of powers, misuses Section 212(f), and fails to meet Administrative Procedure Act (APA) standards.

Courts may issue a preliminary injunction halting the rule’s enforcement. Even if upheld temporarily, Legal and political pressures could force modification before its scheduled expiration in September 2026.

SECTOR-SPECIFIC IMPACTS

Technology: Major tech firms can absorb costs but will restrict H-1B hiring to senior, high-value roles. Startups and mid-sized firms will find the fee prohibitive, potentially shifting innovation offshore.

Education and Nonprofits: Universities, schools, and nonprofits employing specialized faculty or clergy face disproportionate burdens, effectively barring access to needed talent.

Strategic and Practical Considerations

Existing H-1B holders: unaffected; maintain visa validity.
New filings: consider U.S. presence in other visa categories (F-1, L-1, O-1) before filing H-1B petitions.
Employers: evaluate workforce needs early and determine eligibility for national-interest exemptions.
Education and nonprofit sectors can request categorical exemptions.

KEY TAKEAWAYS

The $100,000 payment is a substantial procedural and financial change for H-1B employers.

Beneficiaries already in the U.S. and maintaining lawful status are shielded from the fee
Litigation and policy revisions are expected; employers should remain vigilant for updates
Filing timing, visa status, and exception documentation are now critical determinants of eligibility

NEXT STEPS AND GLF GUIDANCE

The Proclamation directs the Secretary of Labor to propose new prevailing wage rules and the Secretary of Homeland Security to prioritize admission of high-paid and high-skilled H-1B workers. These measures signal a broader policy shift emphasizing “quality over quantity” in H-1B admissions.

At GLF, we recommend employers:

Review of all planned filings for compliance and timing
Evaluate potential exception eligibility
Maintain detailed records of status and travel for all H-1B employees
Seek legal counsel before any filing to mitigate the risk of denials or retroactive liability

For case-specific questions or guidance on the above matter, please contact: https://gokarelaw.com/contact-us/

SIGN UP FOR GLF NEWSLETTER 

The post ADDITIONAL CLARIFICATION RELEASED: PRESIDENTIAL PROCLAMATION IMPOSES $100,000 PAYMENT REQUIREMENT ON CERTAIN H-1B PETITIONS appeared first on GokareLPO.

GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR AUGUST 2025

MANJUNATH GOKARE — Mon, 01 Sep 2025 07:46:43 +0000

INTRODUCTION:

August 2025 was very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

Executive Order Limiting Birthright Citizenship and USCIS Implementation Plan
DOS Implements Visa Bond Requirement for B1/B2 Applicants from Selected Countries Under New Pilot Program
USCIS Implements Stricter Guidelines for Family-Based Petitions
CSPA Age Determination Will Now Be Based on Final Action Dates
USCIS Expands Discretionary Review for National Security Concerns
DOS Updates Dropbox Interview Waiver Requirements
USCIS Issues New Guidance on Good Moral Character for Naturalization
U.S. Embassy Clarifies INA 221(g) vs. 214(b) Visa Refusals
DHS Proposes Fixed Admission Period for F, J, and I Visas
USCIS Restores Neighbourhood Investigations for Naturalization

EXECUTIVE ORDER LIMITING BIRTHRIGHT CITIZENSHIP: USCIS PREPARES IMPLEMENTION PLAN:

On January 20, 2025, the President signed an Executive Order redefining U.S. birthright citizenship. It excludes automatic citizenship for children born in the U.S. after February 19, 2025, if their mothers were either unlawfully present or in a temporary legal status, and their fathers were neither U.S. citizens nor lawful permanent residents. USCIS released an Implementation Plan on July 25, 2025, defining unlawfully present individuals as those who overstayed or entered without inspection, and lawful but temporary as non-immigrant visa holders, TPS recipients, parolees, and others with time-limited status.

Under the plan, such children would no longer receive automatic citizenship but could register for lawful status based on a parent’s temporary classification like policies for children of foreign diplomats. While currently inactive due to ongoing litigation (Barbara v. Trump), the plan outlines USCIS’s enforcement framework if the court lifts the injunction.

DOS IMPLEMENTS VISA BOND REQUIREMENT FOR B1/B2 APPLICANTS FROM SELECTED COUNTRIES:

The U.S. Department of State has launched a 12-month Visa Bond Pilot Program, starting August 20, 2025, targeting B1/B2 visa applicants from countries with high overstay rates, weak vetting, or citizenship-by-investment programs. Initially applied to nationals of Malawi and Zambia, the program may expand to other countries with 15 days’ notice. Applicants may be required to post a bond of $5,000, $10,000, or $15,000 at the discretion of the consular officer. Approved applicants will receive a single-entry visa valid for 3 months, allowing a maximum 30-day to stay, with entry and exit restricted to designated U.S. airports.

Bond cancellation can be requested within 30 days of U.S. departure or prior to travel. The bond will be cancelled if the applicant does not travel, is denied a visa or entry, departs before their I-94 expires without unauthorized employment, or complies with an approved extension or change of status. The pilot program will remain in effect until August 5, 2026

USCIS IMPLEMENTS STRICTER GUIDELINES FOR FAMILY-BASED IMMIGRATION PROCEDURES:

Effective August 1, 2025, USCIS has updated its Policy Manual to impose more stringent requirements on family based green card petitions. The updates consolidate eligibility standards, filing procedures, and documentary evidence requirements into one cohesive framework. Notably, USCIS will increase scrutiny of multiple or closely related I-130 petitions, with the aim of identifying and preventing fraudulent submissions.

Additionally, the new guidance clarifies when direct consular filing is allowed, especially for U.S. military and government personnel stationed overseas. USCIS may also now mandate in-person interviews for a broader range of cases, even if not previously required. Importantly, USCIS emphasizes that approval of a petition does not guarantee a green card beneficiary who are otherwise removable may still receive a Notice to Appear (NTA)

CSPA AGE WILL NOW BE BASED ON FINAL ACTION DATE EFFECTIVE AUGUST 15, 2025:

Effective August 15, 2025, USCIS has aligned its Child Status Protection Act (CSPA) policy with the Department of State by requiring that age calculations be based on the Final Action Dates chart, rather than the previously permitted Dates for Filing chart. This change removes the flexibility introduced in 2023 and represents a return to a stricter interpretation of eligibility rules.

Under the new guidance, a child’s age will now be frozen based on the Final Action Date in effect at the time of filing Form I-485, Adjustment of Status. While USCIS has indicated that it will consider extraordinary circumstances in cases where applicants missed the one-year deadline to seek to acquire permanent residence, such requests will be reviewed on a case-by-case basis. The change is intended to ensure consistency between USCIS and DOS procedures

USCIS EXPANDS DISCRETIONARY REVIEW TO ADDRESS NATIONAL SECURITY AND ANTI-AMERICAN ACTIVITY

As of August 19, 2025, USCIS has expanded its policy on discretionary reviews for immigration benefits to explicitly target applicants perceived to pose national security threats. The updated guidance states that individuals who have shown support for terrorist organizations, antisemitic groups, or anti-American ideologies may have their applications denied on discretionary grounds.

This policy applies even if such affiliations or views were expressed indirectly, including on social media platforms. USCIS has enhanced its screening tools to identify applicants with problematic associations and will deny benefits where discretion is deemed inappropriate. This represents part of a broader trend toward tightening immigration vetting in response to security concerns.

DOS UPDATES DROPBOX – INTERVIEW WAIVER REQUIREMENTS EFFECTIVE SEPTEMBER 2, 2025:

Effective September 2, 2025, the U.S. Department of State has announced revised eligibility guidelines for the Interview Waiver Program, commonly referred to as Dropbox. Under the new policy, most applicants under the age of 14 or over the age of 79 will now be required to attend in-person visa interviews, with limited exceptions. Furthermore, only B1/B2 visa renewals submitted within 12 months of expiration and certain diplomatic categories (such as A, G, NATO, and TECRO) will continue to qualify for waivers.

Applicants must now apply from their country of nationality or legal residence, must not have had any prior visa refusals, and should have no ineligibility concerns. Although these are the general rules, individual U.S. embassies and consulates may still request in person interviews at their discretion. GLF strongly recommends checking the official website of the U.S. consulate relevant to your jurisdiction before scheduling your visa application

USCIS ISSUES NEW GUIDANCE ON GOOD MORAL CHARACTER FOR NATURALIZATION

In a new policy memorandum (PM-602-0188), USCIS has reinstated a holistic approach to evaluating Good Moral Character (GMC) for naturalization applicants. Officers are now instructed to consider both negative and positive conduct during the review process, rather than relying solely on criminal or immigration violations to make determinations.

While past infractions such as multiple DUIs or instances of fraud may still negatively impact an application, they are not automatically disqualifying if the applicant can provide evidence of rehabilitation. USCIS will now also weigh positive factors such as community service, educational accomplishments, and tax compliance in their evaluations. Applicants are encouraged to submit well-documented proof of their good moral character

U.S. EMBASSY IN INDIA CLARIFIES 221(g) VS. 214(b) VISA REFUSALS

The U.S. Embassy in India has released new guidance to help applicants understand the difference between Section 221(g) and Section 214(b) visa refusals. A 221(g) refusal is typically issued when additional documents or administrative processing are required before a final decision can be made. In such cases, applicants have up to one year to respond with the necessary documentation.

In contrast, a 214(b) refusal is a permanent denial under U.S. immigration law, generally due to the applicant’s failure to demonstrate sufficient ties to their home country. Applicants who receive a 214(b) refusal must start a new application process, including submission of a new DS-160 form and payment of the Machine-Readable Visa (MRV) fee. Understanding these distinctions is essential for planning future visa applications

DHS TO END DURATION OF STATUS FOR F, J, AND I VISAS – NPRM PUBLISHED AUGUST 28, 2025

On August 28, 2025, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would eliminate the traditional Duration of Status (D/S) designation for F, J, and I visa holders. If finalized, this rule would replace the open-ended D/S model with a fixed period of authorized stay based on program length, plus a short grace period.

Students and exchange visitors would be required to file for an extension before their authorized stay expires. The proposed rule is currently open for public comment, allowing stakeholders 30 days to provide feedback. If implemented, this change would significantly alter how these visa categories are managed and monitored in the future.

USCIS RESUMES “NEIGHBORHOOD” INVESTIGATIONS FOR NATURALIZATION CASES

In line with Section 335(a) of the Immigration and Nationality Act (INA), USCIS has resumed conducting in-person neighbourhood investigations for certain naturalization applicants. Officers may request verification letters or testimonials from neighbours, employers, and community leaders to assess the applicant’s eligibility.

These investigations are intended to validate the applicant’s continuous residence, moral character, and attachment to constitutional principles over the five-year statutory period. Previously waived due to resource constraints, these checks will now be carried out at the discretion of USCIS field offices. Applicants should be prepared to present supporting documentation of community involvement and local residency

SIGN UP FOR GLF NEWSLETTER 

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR AUGUST 2025 appeared first on GokareLPO.

GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR APRIL 2025

MANJUNATH GOKARE — Thu, 01 May 2025 09:27:01 +0000

INTRODUCTION

April 2025 was very active month for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

H-1B Compliance Alert: Navigating FDNS Inspections
State Department’s May 2025 Visa Bulletin Summary
Submission Of DS-160 Made Mandatory Before Scheduling Appointments
U.S. Embassy In India Warns Against Visa Fraud
U.S. Embassy In India Warns Against Visa Misinformation, Urges Use Of Official Resources
U.S. Restores Legal Status For International Students, Cautions On Future Visa Revocations
USCIS Announces Completion Of FY 2026 H-1B Cap Registration
USCIS Updates Form I-9 and E-Verify.

H-1B COMPLIANCE ALERT: NAVIGATING FDNS INSPECTIONS

USCIS through its Fraud Detection and National Security (FDNS) unit, has increased the frequency and depth of site visits to ensure compliance with H-1B regulations. These inspections often involve direct contact with H-1B workers via phone or email, requesting detailed information about their employment and job duties.

Key Points to Note:

Timely and Accurate Response: Failure to respond promptly or providing inaccurate information can seriously jeopardize an H-1B worker’s immigration status.
Secure essential documents including Public Access Files for easy access and Audits
Employer and Employee Responsibility: While employers play a critical role in ensuring compliance, H-1B workers must also understand and accurately represent the terms of their employment.
Preparation is Essential: Employers should be prepared for site visits, and employees should be briefed on their rights and responsibilities during an FDNS inspection.
Proactive Compliance: Both parties must proactively stay informed about immigration obligations and ensure consistency between what is filed with USCIS and what is occurring on the ground.

Being well-informed and cooperative during FDNS inspections is crucial to maintaining lawful H-1B status and avoiding potential disruptions.

STATE DEPARTMENT’S MAY 2025 VISA BULLETIN SUMMARY

The State Department has issued the May 2025 Visa Bulletin and here are the highlights:

Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use the Final Action Dates Chart.
Final action dates (March 15, 2016) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed.
Final action dates (January 1, 2022) and Dates for Filing (October 15, 2024) for Family sponsored F2A category for India have advance to February 01, 2025.
Final Action dates EB-1 category (February 15, 2022) and Dates for Filing (April 15, 2022) have not changed.
Final action dates EB-2 category (January 1 ,2013), and Dates for Filing for India (February 1, 2013) have not changed.
Final action dates EB-3 category has advanced from April 1, 2013, to April 15, 2013, and Dates for Filing (June 8, 2013) have not changed.
Final action dates for Certain Religious Workers are unavailable for issuance and Dates for Filing for India (February 01, 2021) have not changed.
The DV-2025 annual limit will be reduced to approximately 52,000.

SUBMISSION OF DS-160 MADE MANDATORY BEFORE SCHEDULING APPOINTMENTS

Effective immediately, all applicants must complete and submit the DS-160 form prior to scheduling a visa interview appointment.

Previously, applicants were permitted to book interview slots before submitting the DS-160, which led to administrative delays and processing issues. Under the new procedure, the DS-160 confirmation number must match the number used to schedule the appointment. Failure to do so will result in the applicant being ineligible to proceed with the interview.

If a mismatch occurs, applicants will be required to reschedule their appointment using the correct DS-160 confirmation number.

U.S. EMBASSY IN INDIA WARNS AGAINST VISA FRAUD

The U.S. Embassy in India has issued a formal warning via its official Instagram account about the serious consequences of visa fraud. They emphasised that submitting false information or forged documents may result in a permanent visa ban under U.S. immigration law and could lead to criminal charges in India.

Applicants are held accountable for the accuracy of their applications, even if completed by someone else. The Embassy advises avoiding unverified visa agents, noting that many qualified applicants succeed by submitting honest and genuine information.

The Embassy highlights the importance of integrity and cautions that the risks of fraud can jeopardize one’s future.

U.S. EMBASSY IN INDIA WARNS AGAINST VISA MISINFORMATION, URGES USE OF OFFICIAL RESOURCES

The U.S. Embassy and Consulates in India have issued an advisory through their official Instagram page, drawing attention to the growing spread of false or misleading information about U.S. visas.

To assist applicants in navigating the visa process correctly, the Embassy encourages the use of trusted platforms like the U.S. Visa Navigator, which guides users to the right resources based on their individual questions.

For assistance with scheduling appointments or submitting applications, applicants may contact customer support via email at support-india@usvisascheduling.com, or by phone at +91 2069020000 (India) or +1 332-220-1866 (U.S). Applicants are also encouraged to follow the official social media accounts of the U.S. Embassy and Consulates in India for verified updates and information.

U.S. RESTORES LEGAL STATUS FOR INTERNATIONAL STUDENTS, CAUTIONS ON FUTURE VISA REVOCATIONS

The Trump administration has restored the legal status of several international students whose SEVIS records were recently removed. This decision permits them to continue residing in the United States lawfully, at least temporarily. However, immigration officials warned that these students could still face future visa terminations.

This is the result of a series of lawsuits filed by students who received no proper explanation for their visa revocations. In some cases, the revocations were linked to minor infractions like traffic violations, while in others, no clear reason was provided. Despite restoring SEVIS access, Homeland Security emphasized that visa revocations had not been reversed for students who had already left the country and got their visas revoked.

USCIS ANNOUNCES COMPLETION OF FY 2026 H-1B CAP REGISTRATION

USCIS received enough electronic registrations during the initial period to meet the FY 2026 H-1B cap, including the advanced degree exemption (master’s cap). Randomly selected beneficiaries were notified, and their petitioners are now eligible to file H-1B cap-subject petitions.

Filing Period started on April 1, 2025, and will end on June 30, 2025. Only petitioners with selected beneficiaries may file. Petition must be filed at correct filing location or online at my.uscis.gov along with copy of the selection notice, Proof of the beneficiary’s valid passport that was used for registration along with supporting evidence to establish petition approval eligibility.

USCIS UPDATES FORM I-9 AND E-VERIFY

USCIS made minor changes to Form I-9, Employment Eligibility Verification. The latest version of Form I-9 (edition date 01/20/25) will validity until 05/31/2027 was made available for download. The previous edition (08/01/2023 edition) remains valid until 05/31/2027 and 07/31/2026 (for online filings).

From April 3, 2025, E-Verify and E-Verify+ have been reflecting the updated language, changing “A noncitizen authorized to work” to “An alien authorized to work” during case creation.

SIGN UP FOR GLF NEWSLETTER

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR APRIL 2025 appeared first on GokareLPO.

GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR FEBRUARY AND MARCH 2025

MANJUNATH GOKARE — Mon, 31 Mar 2025 16:09:15 +0000

INTRODUCTION

February and March 2025 were very active months for U.S. Immigration. GLF provided updates via Google, LinkedIn, Twitter, and Instagram on numerous U.S. Immigration matters, including:

State Department’s March 2025 Visa Bulletin Summary
H-1B Lottery for FY 2026 started on March 07, 2025
USCIS Reduced Dropbox Eligibility for Indians from 48 to 12 Months
DHS Implemented New Alien Registration Requirement for Foreign Nationals
Electronic Device Searches at U.S. Ports of Entry
DOL Issued Guidelines on Combination Occupations in PERM Applications
U.S. Consular Team Cancelled 2,000 Fraudulent Visa Appointments in India
U.S. Embassy Issued Reminder on Visa Application Integrity
U.S. Embassy India Increased Interview Waiver (Drop Box) Fee

STATE DEPARTMENT’S MARCH 2025 VISA BULLETIN SUMMARY

The State Department has issued the March 2025 Visa Bulletin and here are the highlights:

Adjustment of Status for Family Sponsored filing must use the Dates of Filing Chart and Employment Based filing must use the Final Action Dates Chart.
Final action dates (November 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed.
Final action dates (January 1, 2022) and Dates for Filing (July 15, 2024) for Family sponsored F2A category for India have remained unchanged.
Final Action dates EB-1 category (February 01, 2022), and Dates for Filing (April 15, 2022) have not changed.
Final action dates EB-2 category has advanced from October 15, 2012, to December 1, 2012, and Dates for Filing for India (January 1, 2013) have not changed.
Final action dates EB-3 category has advanced from December 15, 2012, to February 1, 2013, and Dates for Filing (June 8, 2013) have not changed.
Final action dates for Certain Religious Workers have retrogressed from January 1, 2021, to August 1, 2019 and Dates for Filing for India (February 01, 2021) have not changed.
The DV-2025 annual limit will be reduced to approximately 52,000.

H-1B LOTTERY FOR FY 2026 STARTED ON MARCH 07, 2025

H-1B Lottery for FY 2026 started on March 7, 2025 (12 noon Eastern) and ended on March 24, 2025 (12 noon Eastern).

Here are some important details:

Prospective Petitioners and Representatives were able to setup their Organizational and Representative Accounts on my.uscis.gov portal
The H-1B Registration Fee was $215
For the purposes of Registration fee payments, temporary increase in the daily credit card transaction limit had been made from $24,999.99 to $99,999.99 per day
“Beneficiary-centric” selection process continued for registrations – selection was based on unique Beneficiary irrespective of the number of registrations done for that Beneficiary.
Petitioners and Representatives were able to create spreadsheets containing beneficiary data and upload them to pre-fill H-1B registration information in their Organizational and Representative Accounts.
Selection Notifications have started coming in and we will have the final batch of selection by end of the day today (March 31, 2025) via my.uscis.gov accounts.

USCIS REDUCED DROPBOX ELIGIBILITY FOR INDIANS FROM 48 TO 12 MONTHS.

USCIS has revised the eligibility for the Visa Interview Waiver (Dropbox) program for Indian Non-Immigrant visa holders. Under the new guidelines, applicants could use the Dropbox program only if their previous visa expired within the last 12 months, a sharp reduction from the earlier 48-month window.

As a result, applicants whose visas expired more than 12 months ago will need to schedule an in-person interview at a US consulate, potentially causing delays in processing.

The extended drop box window of 48 months was introduced in 2022, aimed to reduce long wait times at US consulates during the COVID pandemic. Previously, applicants whose visas expired within the last 48 months could use the Dropbox service to avoid an in-person interview. With the new rule, more people will require interviews, leading to higher chances of 221(g) refusals or 214(b) denials.

DHS IMPLEMENTED A NEW ALIEN REGISTRATION REQUIREMENT FOR FOREIGN NATIONALS.

Effective February 25, 2025, the U.S. Department of Homeland Security (DHS) implemented a new registration requirement for certain foreign nationals. Foreign nationals aged 14 and older who were not previously registered or fingerprinted during their visa application and intend to remain in the United States for 30 days or more are required to register within 30 days of their arrival. Parents or legal guardians are required to register children under the age of 14, and once a child turns 14, they must re-register and be fingerprinted within 30 days.

The following individuals must apply for registration:

Those who entered without inspection or with parole.
Individuals applying for DACA or TPS who lack registration proof.
Canadians who stay over 30 days without an I-94 record.

Green card holders, pending lawful permanent residence applicants, Non-Immigrants with I-94/I-94W records, Visa holders, EAD holders, paroled individuals (INA 212(d)(5)), those in removal proceedings, Border Crossing Card holders, and certain American Indians (born in Canada or members of the Texas Band of Kickapoo) are already considered as registered and are exempt from registration.

Registration must be completed online through a USCIS account. Failure to comply may lead to penalties. However, registration does not grant immigration status or employment authorization. This measure aims to strengthen immigration enforcement and ensure compliance.

ELECTRONIC DEVICE SEARCHES AT U.S. PORTS OF ENTRY

U.S. Customs and Border Protection (CBP) has the authority to search electronic devices, such as phones, laptops, and tablets, at all U.S. ports of entry, including land crossings, airports, seaports, and even CBP preclearance locations abroad such as Dublin or Toronto. These searches do not require a warrant or suspicion, and they apply to both U.S. citizens and non-citizens. CBP performs two types of searches: a basic search, which involves manually reviewing the contents of a device, and an advanced search, where external equipment is used to copy and analyze data. Advanced searches require reasonable suspicion of a legal violation or national security concern and must be approved by a senior official. Travelers should be aware that refusing access to their devices may result in device seizure, denial of entry for visa holders, or, at preclearance locations, being denied boarding for a flight.

To safeguard personal data, travellers should take proactive steps, including carrying minimal electronic devices, backing up important files, using strong passwords, and enabling encryption. It is also advisable to power down devices before crossing the border and inspect them for unauthorized changes if confiscated. Travelers should note that border searches are limited to the information of the device itself and do not include remotely stored cloud data. To enhance privacy, sign out of sensitive apps, disable automatic logins, remove personal data-storing apps, and consider using a VPN. While U.S. citizens and Lawful permanent residents cannot be denied entry, they may face delays due to additional scrutiny if they refuse to provide access to their devices. Visa holders, however, risk denial of entry if they do not cooperate. Travelers should remain calm, honest, and cooperative while understanding both their rights and CBP’s authority.

DOL ISSUED GUIDELINES ON COMBINATION OCCUPATIONS IN PERM APPLICATIONS

In the PERM process, a combination occupation refers to a job that includes duties from multiple distinct occupations rather than fitting within a single SOC code. Combination occupations are generally prohibited and usually result in summary denial of the PERM application. The DOL has issued specific guidelines for filing a PERM application involving a combination occupation.

There are three justifications for combining duties:

Employers normally employ persons for that combination of occupations.
Workers customarily perform the combination in the area of employment.
Combination of job opportunities are based on a business necessity.

To document a combination occupation, the employer must provide:

Position description and relevant payroll records.
Letters from other employers stating their workers normally perform the combination of occupations in the area of intended employment.
Documentation that the combination occupation arises from a business necessity.

To avoid a combination occupation, an applicant must:

Review O*NET when drafting the job description.
Review your PWD to see what NPWC has concluded.
Seek review where a PWD erroneously indicates a combination of occupations.

If the PWD classifies the job as a combination of occupations and the employer disagrees, the employer must first challenge the determination by filing a Request for Redetermination (RFR) with the NPWC. If the NPWC upholds its determination, the employer may request a Center Director Review (CDR). If the NPWC reaffirms its classification after both the RFR and CDR processes, the employer may then appeal the decision to the Board of Alien Labor Certification Appeals (BALCA).

U.S. CONSULAR TEAM CANCELED 2,000 FRAUDULENT VISA APPOINTMENTS IN INDIA

The U.S. Consular Team in India identified and cancelled approximately 2,000 visa appointments made using bots or browser plugins, violating visa scheduling policies. The associated accounts were suspended immediately.

USTravelDocsIndia (State Department Website for India)has enforced strict guidelines for scheduling visa appointments:

Automated Access Prohibited: Bots, crawlers, and scripts are not allowed.
Improper Use Prohibited: The platform must not be used for unauthorized purposes.
Access Limitations: Users with automation tools may receive a restriction warning on the appointment calendar page.
Compliance Requirement: To schedule an appointment, applicants must remove automation tools and wait 24 hours before retrying.

U.S. EMBASSY ISSUED REMINDER ON VISA APPLICATION INTEGRITY

The U.S. Embassy in India has issued a reminder on its official Instagram page emphasizing the importance of honesty and accuracy in visa applications.

The embassy warned that providing false information or submitting fraudulent documents could lead to visa rejection, future travel restrictions, and even a ban from entering the United States. In some cases, it might also result in legal consequences, including arrest and prosecution.

Reassuring applicants, the embassy stated that there is no need for intermediaries, fake documents, or fabricated stories to obtain a visa. In fact, over 1 million Indians were granted U.S. visas last year, demonstrating that honesty and transparency lead to the best outcomes.

U.S. EMBASSY INDIA INCREASED INTERVIEW WAIVER (DROP BOX) FEE

The U.S. Embassy and Consulates in India have raised the fee for Interview Waiver (drop box) services at paid drop box centers from ₹850 to ₹1,200 per application.

Applicants could submit their documents for ₹1,200 at any of the six drop box centers in Ahmedabad, Bangalore, Chandigarh, Cochin, Jalandhar, or Pune.

Alternatively, document submission remains free at the five Visa Application Centers in Chennai, Hyderabad, Kolkata, Mumbai, and New Delhi, regardless of the consular post where the interview waiver appointment is scheduled.

SIGN UP FOR GLF NEWSLETTER

The post GLF MONTHLY NEWSLETTER US IMMIGRATION UPDATES FOR FEBRUARY AND MARCH 2025 appeared first on GokareLPO.