The word on this now is a resounding NO.  It’s no longer a workable plan if you have particularly filed a change of status case and depart the USA while it is pending which is viewed as abandoning your change of status request and automatically triggers the $100,000 required fee even though your H-1B petition might be entirely approvable.  

Overall, consular processing in today’s immigration environment carries significant risks because if the application is denied or placed into lengthy administrative processing, you can be trapped outside the US, separated from family, from your job, and limiting your access to legal representation.

The take-away message here is do not leave the USA while your change of status petition is pending with USCIS.

 More here on H-1B cap season:  https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-cap-season

The post QUICK REMINDER — Question: If I filed a Cap-Subject H-1B Petition with a Change of Status Request, Can I Travel Internationally and Consular Process My H-1B? first appeared on Immigration Compliance Group Blog.

From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances…The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”

So, this means that for all pending and future I-485 cases, the government’s position is that applicants must undergo consular processing in their home countries.

At the present time, there is a backlog that exceeds 5.4 million cases.  This includes both family and employment-based cases. The actual wait times for an I-485 adjustment case ranges from 7-11 months for USCIS processing, though this depends upon the Final Action Dates published in the monthly DHS Visa Bulletin.  This surge in backlogs is due to an increase in case volume, shifts in USCIS staffing, budget issues, work allocation imbalances, heavier vetting and background checks – to name a few.

USCIS also intends to overhaul its security vetting procedures and has implemented comprehensive reviews and re-interviews for specific groups, such as those granted refugee or asylum status between 2021 – 2025.

We understand that this will cause unexpected uncertainty for those that have applications in the system and because of this, it is wise to consult with immigration counsel concerning the risks associated concerning your case.

For more info see below

https://www.uscis.gov/newsroom/news-releases/us-citizenship-and-immigration-services-will-grant-adjustment-of-status-only-in-extraordinary

Policy Memo:  https://www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf

DOS Visa Bulletin:  https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

The post U.S. Citizenship and Immigration Services Releases a Policy Memo that they Will Grant ‘Adjustment of Status’ Cases Only in Extraordinary Circumstances to Obtain a Green-Card Inside the USA first appeared on Immigration Compliance Group Blog.

Employers will be required to carefully evaluate and modify their H-1B hiring standards to reflect this new weighted selection process that favors high-skilled, high salary employees over entry-level, recent college graduates and submit evidence to USCIS that supports the wage level when filing their Labor Condition Applications (LCAs) and USCIS petitions.

Here is how the process will work:

• The registration period will run from March 4 to March 19, 2026
• USCIS will prioritize higher-wage positions. A Level 4 highest wage receives 4 times the chance of selection compared to an entry level role (Level 1)
• Employers must submit a $10 registration fee and specific details, including the ONET job and OEWS wage level, and the job location. Employers will later be required to justify the wage as it relates to the offered position when filing their petitions.
• Selection Process: If demand exceeds 85,000, USCIS will use the weighted system. If the cap is not met, all valid registrations will be selected.

For more information, refer here: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

And here for the H-1B Electronic Registration Process: https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process

The post How Will The Upcoming 2027 H-1B Lottery Work This Year? first appeared on Immigration Compliance Group Blog.

On December 16, the Trump Administration issued a newly enlarged travel ban restricting the entry of nationals of 20 new countries (as well as the Palestinian Authority) and cutting back on exceptions included in the prior ban.  With this expansion, roughly 1 in 5 people seeking to immigrate to the USA legally are now barred from doing so and hundreds of thousands more seeking non-immigrant visas to visit or reside temporarily will now be unable to do so.

Because the travel ban restricts entry, it will not impact those who are currently present in the US.  Be advised, however, that in November, USCIS put in place a blanket pause on the approval of ALL immigration benefits for nationals subject to the earlier June travel ban.  This  suspension applies to all benefits, including visa petitions, green-card applications and citizenship oath ceremonies.

With the 20 new countries added to the travel ban, this means that hundreds of thousands of people who would otherwise qualify to obtain, maintain or change their status under current immigration laws and procedures — are now in limbo, as are their family members or employers who may seek to sponsor them.

This post originally appeared in Immigration Impact and we thank them for this information.

More detail: https://discuss.ilw.com/articles/articles/601826-article-president-trump-expands-his-travel-ban-what-you-need-to-know-by-aaron-reichlin-melnick-for-immigration-impact

The post The Trump Administration Expands Travel Ban: What You Need to Know first appeared on Immigration Compliance Group Blog.

What hasn’t hit home and is dangerously shortsighted and will weaken our economy, putting our global leadership at risk, is that these highly skilled and educated are in demand worldwide.  They can go anywhere — and they will. 

A coalition of health care providers, religious groups, unions, higher education and educators filed a lawsuit last week to stop the H-1B fee, saying it would harm hospitals, churches, schools and industries that rely on the visa. The Department of Homeland Security declined to comment and referred a query to its website. The lawsuit was filed in the U.S. District Court Northern District of California. It argues that President Trump lacks the authority to impose such a fee, that it was implemented without required public comment, and that it is arbitrary and capricious.  

We will follow this topic carefully and keep you advised of any and all progress. 

More here:  https://thehill.com/homenews/administration/5538546-trump-administration-h1-b-visa-fee-lawsuit/

The post Lawsuit Filed Over $100K H1-B Visa Fee first appeared on Immigration Compliance Group Blog.

The Proclamation has the following features:

• Requires a $100,000 payment to accompany any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025 and for H-1B visa holders seeking to reenter the US. This new policy is set to last a year, unless extended. The Proclamation does not apply to beneficiaries of petitions filed before the effective date, beneficiaries of approved petitions, or individuals holding validly issued H-1B visas.  See The White House Fact Sheet: https://www.whitehouse.gov/articles/2025/09/h-1b-faq/
• It authorizes the Department of Homeland Security and the Depart of State to coordinate to take all necessary and appropriate action to implement this Proclamation
• USCIS provides guidance available here: https://www.uscis.gov/sites/default/files/document/memos/H1B_Proc_Memo_FINAL.pdf
• This Proclamation only applies to petitions that have not yet been filed
• US Customs and Border Protection (CBP) has posted a Memorandum of Guidance to all consular offices here: https://x.com/CBP/status/1969512486627095007 stating that this does not impact any visa holder from traveling to or from the USA.

There are key matters that we are still not certain of such as whether this will apply to petitions requesting an extension of status or a change of employer.  It should not because it is based on INA 212(f) that states the “entry of any aliens” or “any class of aliens”, should not apply to a change of status to H-1B in the US even if the clarification from the White House does not state this.  Further steps are to be taken by the Department of Labor to revise and increase the prevailing wage levels and to prioritize high-skilled, high-paid workers in the H-1B lottery or those at lower wage levels. Additional reforms are also under consideration and will be announced in the coming months.

There may be exceptions for an individual, a company or an entire industry if DHS determines that it is within the national interest of the USA and does not pose a threat to the security of the country.

It is recommended that H-1B workers refrain from all international travel until we are provided more clarification.  For H-1B cap case beneficiaries with approved petitions and a valid visa, they should enter the US as soon as possible.

We will continue to provide updates as received.

The post As of September 19, 2025, President Trump signed a Proclamation entitled “Restriction of Entry of Certain Non-immigrant Workers” in an attempt to reform the H-1B program that Imposes a $100,000 Fee On H-1B Entries first appeared on Immigration Compliance Group Blog.

The 2021 TPS designation for Venezuela will terminate at 11:59 p.m. on Nov. 7, 2025, 60 days after publication of the Federal Register notice. If you are an alien who is currently a beneficiary of TPS for Venezuela under the 2021 designation, you should prepare to return to Venezuela if you have no other lawful basis for remaining in the United States. The United States government offers financial and travel assistance for eligible Venezuelan nationals who voluntarily return to their home country through the CBP Home mobile application  This initiative is intended to incentivize voluntary returns and reduce the number of involuntary deportations.   

Here is the USCIS Notice:

https://www.uscis.gov/newsroom/alerts/dhs-terminates-2021-designation-of-venezuela-for-temporary-protected-status

The post DHS Terminates 2021 Designation of Venezuela for Temporary Protected Status first appeared on Immigration Compliance Group Blog.

To conduct remote Form I-9 verification, DHS has introduced a permanent remote option for employers that enables greatly needed flexibility to the I-9 certification process.  The employer  must be enrolled in E-Verify in good standing, receive digital copies of the employee’s documents, and then conduct a live video call to ensure the documents appear genuine and belong to the employee. After the live interaction, the employer checks a specific box on the form to indicate the alternative procedure was used and keeps clear, legible copies of the document. Employers must apply this remote verification process consistently for all newly hired employees. 

If your company does not meet the criteria for the remote option, you can still follow the traditional in-person process by using an authorized representative to perform the verification process for you, but you remain liable for any violations.  If using a notary public as an authorized representative, they perform the same tasks as any other authorized representative and should not use a notary seal on the I-9 form.

Current I-9 form edition is 1/20/2025:  https://www.uscis.gov/sites/default/files/document/forms/i-9.pdf

DHS has introduced a permanent remote option for employers enrolled in E-Verify. For those who qualify, this alternative adds much-needed flexibility to the hiring process. For employers who are not eligible, designating a trusted third party ensures compliance while supporting remote hires.

The post A Brief Review / Remote I-9 Form Verification first appeared on Immigration Compliance Group Blog.

Effective September 2, 2025, DOS will require all non-immigrant visa applicants (including E, F, H, J, K, L, M, O, P, and R visa applicants) to appear for in-person interviews with consular officers. In-person interviews will be required for both initial and renewal applications.

Employers and employees should consider the additional time required for interview scheduling and completion based on this update.

DOS will waive the in-person interview requirement for very limited visa types, including certain B visa applicants and some diplomatic, official, and NATO visa applicants.

The post US Consulates Now Require Visa In-Person Interviews for Initial and Renewal Applications for E, F, H, J, K, L, M, O, P, and R Visas first appeared on Immigration Compliance Group Blog.

Near the end of Trump’s first term, the administration proposed ending the current random selection process used each year when H-1B registrations exceed the annual limit of 65,000, plus a 20,000 exemption for individuals with an advanced degree from a U.S. university.

In its place, USCIS would have awarded H-1B petitions based on salary from highest to lowest. Commenters warned the rule violated the statute and would disadvantage recent international students and other early-career professionals. The Office of Management and Budget is reviewing the rule and could clear it for publication within weeks.

Under this system, USCIS would not have selected anybody paid at Level 1 for the regular cap or advanced degree exemption. USCIS would have chosen only 20% of individuals at Level 2 for the 20,000 advanced degree exemption and 75% of the Level 2 registrants for the 65,000 regular cap, or about 50% combined, according to DHS data.

Trump has been talking about doing this for a long time. Get ready — this will be a big change and could dramatically change who receives these visas and how companies hire foreign talent.

https://www.forbes.com/sites/stuartanderson/2025/07/21/new-trump-immigration-policy-ending-the-h-1b-visa-lottery/

The post New Trump Policy …..Ending the H-1B Visa Lottery first appeared on Immigration Compliance Group Blog.