Immigration Compliance Group

Immigration Compliance Group Immigration Compliance Group is a consultancy specializing in PERM Labor Certification and complex US business visas for high-skilled professionals

U.S. Citizenship and Immigration Services Releases a Policy Memo that they Will Grant ‘Adjustment of Status’ Cases Only ...
05/24/2026

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

USCIS STATES --

“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly.
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 additional resources, refer here:

USCIS STATES: “We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. 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…T...

The Cost of Doing H-1Bs in today's immigration paradigmThe DOL’s proposed prevailing wage rule is one to watch. The full...
04/09/2026

The Cost of Doing H-1Bs in today's immigration paradigm

The DOL’s proposed prevailing wage rule is one to watch. The full rule is now published in the Federal Register and the numbers are striking. If finalized, entry-level H-1B salary floors would jump by more than 30% as estimated by many practitioners.

This is a further disruption to the (F1) student to (OPT) worker pathway to (an H1-B Professional) and the pathway to a Green Card and ultimately citizenship.

The Level I (entry-level) wage floor would move to where Level II sits today. It is estimated that the Level IV would jump approximately 24%. DOL estimates the average impact at roughly $14,000 per worker per year.

For a business sponsoring multiple H-1B employees, this is serious systematic repricing of the program and its feasibility.

----- More here:

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How Will The Upcoming 2027 H-1B Lottery Work This Year?The FY 2027 lottery introduces a wage-weighted selection process ...
02/22/2026

How Will The Upcoming 2027 H-1B Lottery Work This Year?

The FY 2027 lottery introduces a wage-weighted selection process that will replace the random lottery favoring higher paid skilled positions over a purely random draw. Instead of one entry per beneficiary, registration entries will be multiplied based on Department of Labor wage levels, as follows: Level IV wage gets four entries; Level III 3 entries, Level II 2 entries, and level 1 one entry.

Refer here for more:

The FY 2027 lottery introduces a wage-weighted selection process that will replace the random lottery favoring higher paid skilled positions over a purely random draw. Instead of one entry per beneficiary, registration entries will be multiplied based on Department of Labor wage levels, as follows:....

01/19/2026

US implements an indefinite freeze on all visa processing for 75 countries, including Somalia, Russia, Iran as of January 21st
-------

A State Department memo first seen by Fox News, directs consular officers to refuse visas under existing law while they reassess screening and vetting processes and procedures.

***Note that the suspension will not apply to applicants seeking non-immigrant visas, or temporary tourist or business visas, who make up the vast majority of visa seekers.

The countries included are Somalia, Russia, Afghanistan, Brazil, Iran, Iraq, Egypt, Nigeria, Thailand, Yemen and more (see below for full list).

Guidance to Consular Officers instruct them to deny visas to applicants deemed likely to rely on public benefits considering health, age, English proficiency, finances and even the potential for long-term medical care.

Here is the full list of countries:

The full list of countries comprise Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan and Yemen.

***Open for a 60-day period of public comment is the following:

Please be alert to possibly more stringent vetting for foreigners allowed to travel to the USA without a visa through the Visa Waiver Program (ESTA/VWP) could soon face new social media screening including email accounts and extensive family history to DHS before being approved for travel. The CBP may also start requesting a list of other information including current and previous phone numbers for the last 5 years, addresses and family member information.

The Trump Administration Expands Travel Ban: What You Need to KnowOn December 16, the Trump Administration issued a newl...
12/26/2025

The Trump Administration Expands Travel Ban: What You Need to Know

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.

Details here:

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 U...

Categories of people who will now receive 18-month EADsA recent USCIS memo lists the categories of people who will now r...
12/11/2025

Categories of people who will now receive 18-month EADs
A recent USCIS memo lists the categories of people who will now receive 18-month EADs (this is for new EADs; existing EADs are not affected):

==Aliens admitted as refugees;
==Aliens granted asylum;
==Aliens granted withholding of deportation or removal;
==Aliens with pending applications for asylum or withholding of removal;
==Aliens with pending applications for adjustment of status under INA § 245; and
==Aliens with pending applications for suspension of deportation, cancellation of removal, or relief under the Nicaraguan Adjustment and Central American Relief Act.

The first two categories (refugees and asylees) do not actually need EADs to work legally in the United States. However, given that employers and DMVs are often unfamiliar with the immigration law, a valid work permit definitely makes life easier.

Everyone else on the list needs a valid EAD to work lawfully, and so when the EAD expires, they will become ineligible to work. The shortened validity period combined with the end of the automatic 540-day EAD extension means that people with pending applications will face a real risk of losing work eligibility while their EAD renewal is pending. The difficulty is compounded by the fact that USCIS will have to process many more EAD renewals since applicants will have to renew more frequently, and by additional vetting procedures, both of which could further delay processing times.

If you are one of the people affected by this latest change, it is probably best to file early to renew your EAD. --It is recommended that you file at least one year before your current card expires. The processing time to renew an asylum-pending EAD is seven months (meaning that 80% of EADs are processed within seven months; the remaining 20% take longer), but I expect wait times will increase and it is probably better to renew early rather than risk losing the ability to work.

More here:

In the aftermath of an Afghan asylum seeker's attack on members of the National Guard, the Trump Administration began a wide-ranging crackdown on non-citizens from Afghanistan and other "banned" countries, as well as on asylum seekers, refugees, and other migrants. The most recent iteratio...

- Reported on ILW.com, 12/5/2025The Department of State (DOS) has announced that effective December 15, 2025, it will re...
12/07/2025

- Reported on ILW.com, 12/5/2025

The Department of State (DOS) has announced that effective December 15, 2025, it will review the online presence of all H-1B visa applicants and their dependents, H-4 visa applicants

As this measure is being enacted by the DOS, it will apply to visa applicants applying for visas at embassies abroad and does not explicitly apply to H-1B or H-4 petitions filed within the US, such as amendments, extensions, transfers, and changes of status.

If social media profile(s) exist for H-1B and H-4 visa applicants, DOS will instruct them to adjust the privacy settings to “public”.

DOS’ stated purpose for social media review of applicants is national security and public safety.
DOS also notes that its social media review will include whether an applicant’s online information shows an intention “to engage in activities consistent with the terms for their admission”.

The Department of State (DOS) has announced that effective December 15, 2025, it will review the online presence of all H-1B visa applicants and their dependents, H-4 visa applicants.

As this measure is being enacted by the DOS, it will apply to visa applicants applying for visas at embassies abroad and does not explicitly apply to H-1B or H-4 petitions filed within the US, such as amendments, extensions, transfers, and changes of status.

If social media profile(s) exist for H-1B and H-4 visa applicants, DOS will instruct them to adjust the privacy settings to “public”.

DOS’s stated purpose for social media review of applicants is national security and public safety.
DOS also notes that its social media review will include whether an applicant’s online information shows an intention “to engage in activities consistent with the terms for their admission”.

***It behooves employers to notify their employees concerning this if they plan on making visa applications at consulates abroad. ***

https://discuss.ilw.com/blogs/cmusillo/598647-department-of-state-will-review-h-1b-and-h-4-visa-applicants%E2%80%99-social-media

The Department of State (DOS) has announced (https://travel.state.gov/content/travel/en/News/visas-news/announcement-of-expanded-screening-and-vetting-for-h-1b-and-dependent-h-4-visa-applicants.html) that effective December 15, 2025, it will review the online presence of all H-1B visa applicants and...

THE H-1B $100,000 PAYMENT -- CLARIFICATIONThe Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. ED...
11/11/2025

THE H-1B $100,000 PAYMENT -- CLARIFICATION

The Proclamation applies to new H-1B petitions filed at or after 12:01 a.m. EDT on 9/21/2025, on behalf of beneficiaries who are outside the USA, or for consular notifications, port of entry notifications, or pre-flight inspection.

If it is determined on the same date and time mentioned above that a request for change of status, extension or amendment is ineligible, (is not in valid NIV status or they have departed the USA prior to the approval of a change of status request) -- the $100,000 payment must be paid accordingly.

The payment also doesn't apply to a petition in the above categories if the beneficiary subsequently departs the US and applies for a visa based on the approved petition and/or seeks to reenter the USA on a current H-1B visa.

The $100K fee should be submitted for payment using the pay.gov, following instructions on pay.gov at the following link: https://www.pay.gov/public/form/start/1772005176

Exceptions: They will be granted by the Secretary of DHS in very rare circumstances where it's been determined that the worker's presence in the USA is in the national interest, that no American worker is available to fill the role, that the worker does not pose a threat to the USA, and that requiring the employer to make the payment would significantly undermine the interests of the USA. [email protected]

Here is the Notice Clarification: https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations

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USCIS to Commence with Electronic Payment for ApplicationsAs of 10/28/2025 USCIS will only accept electronic payments fo...
11/01/2025

USCIS to Commence with Electronic Payment for Applications

As of 10/28/2025 USCIS will only accept electronic payments for paper-filed forms. Payments may be made either with a credit or debit card using Form G-1450 Authorization for Credit Card Transaction, or ACH debit transactions from a US bank account using Form 1650
https://www.uscis.gov/g-1450 and https://www.uscis.gov/g-1650

USCIS will continue to accept online payments for forms filed online. Those who are exempt from submitting electronic payments should refer to Form 1651 here: https://www.uscis.gov/g-1651.

Use Form G-1650, Authorization for ACH Transactions, to electronically pay the filing fees and other applicable fees for benefit requests with an Automatic Clearing House (ACH) debit payment from a U.S. bank account. We will use the information you provide on your Form G-1650 to debit your bank acco...

JUST IN::::::: DHS Ends Automatic Extension of Employment Authorization*** Those who file to renew their EAD on or after...
10/30/2025

JUST IN:::::::
DHS Ends Automatic Extension of Employment Authorization

*** Those who file to renew their EAD on or after Oct. 30, 2025, will no longer receive an automatic extension of their EAD.
***

There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation.
Ending automatic extensions of EADs produces more extensive and robust vetting of immigrants who apply for employment authorization to work in the USA.

***It is highly recommended that timely renewals of EADs are calculated by properly filing a renewal application up to 180 days before their EAD expires.
***

The longer you wait to file an EAD renewal application, the more likely it is that you may experience a temporary lapse in your employment authorization or documentation.

For more information:

Certain aliens who are in the United States may file Form I-765, Application for Employment Authorization, to request employment authorization and an Employment Authorization Document (EAD). Other aliens whose immigration status authorizes them to work in the United States without restrictions may a...

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