• by MANJUNATH GOKARE

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:

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

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 February and March 2025.

STATE DEPARTMENT’S MARCH 2025 VISA BULLETIN SUMMARY  

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

1. 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.  
2. Final action dates (November 22, 2015) and Dates for Filing (September 01, 2017) for Family sponsored F1 Category for India have not changed. 
3. Final action dates (January 1, 2022) and Dates for Filing (July 15, 2024) for Family sponsored F2A category for India have remained unchanged.  
4. Final Action dates EB-1 category (February 01, 2022), and Dates for Filing (April 15, 2022) have not changed.  
5. 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. 
6. 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. 
7. 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. 
8. 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:

1. Prospective Petitioners and Representatives were able to setup their Organizational and Representative Accounts on my.uscis.gov portal
2. The H-1B Registration Fee was $215 
3. 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
4. “Beneficiary-centric” selection process continued for registrations – selection was based on unique Beneficiary irrespective of the number of registrations done for that Beneficiary.
5. 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.
6. 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:

1. Those who entered without inspection or with parole. 
2. Individuals applying for DACA or TPS who lack registration proof. 
3. 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: 

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

To document a combination occupation, the employer must provide: 

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

To avoid a combination occupation, an applicant must: 

1. Review O*NET when drafting the job description.  
2. Review your PWD to see what NPWC has concluded. 
3. 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:

1. Automated Access Prohibited: Bots, crawlers, and scripts are not allowed. 
2. Improper Use Prohibited: The platform must not be used for unauthorized purposes. 
3. Access Limitations: Users with automation tools may receive a restriction warning on the appointment calendar page. 
4. 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. 

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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