July 2025 – Alan Lee

Alan Lee, Esq. Q&As published on the World Journal Weekly on July 20, 2025：1. You are applying for US immigration, which may be a bar to your utilizing the TN visa 2. Utilizing a start-up company for a green card may be a risk 3. Will using advance parole invalidate my H-1B? 4. One case should be withdrawn immediately when a green card is finally granted in either queue.

1. You are applying for US immigration, which may be a bar to your utilizing the TN visa

A reader asks:
I came to the U.S. last year on an L-1 visa. Due to poor economic conditions, the company hasn’t started my PERM process, and I didn’t get picked in the H-1B lottery. The EB-2 queue is also very long. Even if I eventually get H-1B and PERM, getting the green card still seems far off. So I’m considering this: after filing I-140 (either via NIW or whenever the company files PERM), I might go work in Canada and get citizenship there during the green card wait. Later, I could return to the U.S. on a TN visa and complete the green card process—assuming I find a job in the U.S. again. Compared to staying in the U.S. to wait, what are the downsides of this plan?

Alan Lee, Esq. answers:
I assume from your fact situation that you are in the US under L-1B rather than L-1A, the latter of which would afford you faster processing time under the EB-1C category associated with intracompany transferee managers and executives. That being said, your plan has a drawback that TN is a visa requiring nonimmigrant intent. The fact that you are applying for US immigration may be a bar to your utilizing the TN visa. Better situations are perhaps either remaining in the US during the time of the PERM or NIW and associated waiting times or remaining in Canada until you can be finally interviewed at the American Consulate in Montréal for an immigrant visa. Being in Canada has advantages as many people consider Canadian permanent residence or citizenship to be a safety net and your income can continue during the time of your wait.

2. Utilizing a start-up company for a green card may be a risk

A reader asks:
I currently work for a mid-sized company on H-1B and will max out in about two years. I once tried for NIW but was unfortunately denied. I recently got a verbal offer from a startup, and they promised green card processing starting Day 1. I’m now struggling with the decision—should I take the offer?

Alan Lee, Esq. answers:
Some considerations for jumping could include the following:

Funding runway & survival odds of the start-up.
Job’s ability to pass PERM (duties, requirements, your qualifications, correct prevailing wage, ability-to-pay proofs, etc.).
Timing: you and the company may have a dilemma with only 24 months of H-1B time left, and it would require a concerted effort on the part of everyone to ensure that you do not run out of time before your 6-year H-1B max-out. With the time required to formulate the application along with periods of time to obtain a prevailing wage determination, and conduct the recruitment prior to filing, it is highly possible that without diligent attention to your case, you would not have the requisite 365 days after PERM filing to qualify for an extension of the H-1B visa.

You may wish to think about these factors to see whether the start-up fits before making the move.

3. Will using advance parole invalidate my H-1B?

A reader asks:
I’m currently in China, and my H-1B extension is under administrative processing (check). Can I just abandon waiting for the check and re-enter the U.S. using Advance Parole? Once in the U.S., can I continue working for my H-1B employer? Or will using AP invalidate my H-1B?

Alan Lee, Esq. answers:
If an H-1B holder like you travels to Canada for visa stamping and the case is placed on administrative hold, he or she would typically need to wait for the visa approval before reentering the U.S. However, as you have a pending adjustment of status application and an approved advance parole document, you may be able to abandon the visa stamping process and reenter the U.S. using advance parole instead.

Upon reentry with advance parole, you should be admitted as a parolee, rather than in H-1B status. This means according to legacy INS policy that you should be able to continue working in the U.S. but would no longer technically hold H-1B status unless you later file for an H-1B extension or transfer and have it approved.

4. One case should be withdrawn immediately when a green card is finally granted in either queue.

A reader asks:
In late October last year, my husband filed I-485, I-131, and I-765 and included me as a dependent. His PD is December 2017. This week, the immigration attorney from my company informed me that my case is now current as well. My PD is February 2018, and I can now file. I personally prefer to submit a separate I-485 and add my husband as a dependent as a backup. But is this allowed? Would doing this delay the progress of our green card applications?

Alan Lee, Esq. answers:
You may file your own I-485 as principal (PD 02/2018) even though you are already a derivative on your husband’s case. USCIS does not disallow multiple adjustment of status filings. Processing times are independent; one case should be withdrawn immediately when a green card is finally granted in either queue.

Article: IMMIGRATION NEWS THAT YOU CAN USE – JULY 1, 2025, LEVEL I PREVAILING WAGE CHANGES FOR VARIOUS OCCUPATIONS; CHECKING TO SEE WHETHER THE NEW MEDICAL FORM IS BEING USED; ONLINE H-1B CAP FILING REMINDER; WARNING ON WHAT TO LOOK OUT FOR IN NONIMMIGRANT VISA INTERVIEWS – MOST LIKELY APPLICABLE ALSO TO CBP AT PORTS OF ENTRY.

As published in the Immigration Daily on July 15, 2025

July 1, 2025, level I prevailing wage changes for various occupations

New prevailing wages by the Department of Labor Bureau of Labor Statistics Occupational and Wage Statistics (OEWS) which are used in determining prevailing wages in PERM labor certification applications and H-1B labor condition applications (LCAs) came out on July 1, 2025, and valid until June 30, 2026, https://flag.dol.gov/wage-data/wage-search show many more category rises than falls in pay. The below compilation includes many of the categories in the New York area at level I, the lowest of four wage levels used by the Department of Labor in its O*Net system:

General and operations managers – + 1K – $77,293
Marketing managers – minus 3K – $114,379
Sales managers – plus 3K – $129,896
Public relations managers – plus 3K – $125,819
Computer & info systems managers – + 2K – $148,450
Purchasing managers – + 2K – $126,506
Architectural/engineering managers –minus 3K – $135,928
Lodging managers – minus 7K – $55,869
Medical & health services managers – plus 4K – $103,293
Managers, all others – minus 3K – $103,064
Management analysts – minus 1K – $74,402
Market research analysts – + 1K – $61,797
Accountants and auditors – + 2K – $73,070
Credit analysts – plus 8K – $84,677
Financial and investment analysts – + 2K – $87,838
Financial specialists, all other – plus 4K – $73,195
Computer systems analyst –minus 1K – $80,600
Information security analysts – minus 2K – $94,016
Computer & information research scientists – +27K – $110,011
Computer network architects – same – $103,938
Database administrators – +12 K – $77,438
Database architects – minus 8K – $93,226
Network and computer systems administrators – + 6K – $79,331
Computer programmers – minus 6K – $74,714
Software developers – + 8K – $103,210
Software quality assurance analysts and testers – minus 1K – $78,624
Web developers – minus 7K – $40,893
Computer occupations, all other – plus 4K – $62,525
Actuaries – minus 2K – $90,750
Operations research analysts – + 1K – $68,869
Statisticians – + 3K – $81,557
Data scientists – minus 3K – $79,456
Architects except landscape and Naval – + 2K – $67,309
Landscape architects – minus 8K – $69,326
Bioengineers & biomedical engineers – plus 7K – $87,630
Chemical engineers – plus 3K – $82,597
Civil engineers – plus 4K – $78,811
Computer software engineers – minus 8K – $90,605
Electrical engineers – plus 6K – $84,490
Electronic engineers, except computer – +11 K – $101,878
Environmental engineers – plus 1K – $71,906
Industrial engineers – plus 6K – $81,037
Materials engineers – +13 K – $83,054
Mechanical engineers – + 7K – $81,432
Engineers, all other – +17 K – $83,346
Biochemists & biophysicists – minus 1K – $74,963
Microbiologist – plus 3K – $63,378
Biological scientists, all other – minus 2K – $74,838
Epidemiologists – minus 1K – $73,694
Medical scientists, except epidemiologists – same – $71,282
Life scientists, all others – minus 3K – $63,814
Chemists – plus 1K – $64,230
Environmental sciences & specialists, including health – same – $57,200
Economists – plus 6K – $92,082
Lawyers – plus 5K – $98,114
Fashion designers – minus 6K – $62,691
Graphic designers – + 2K – $53,955
Interior designers – + 5K – $51,022
News analysts, reporters and journalists – + 7K – $63,128/level 2 = $181,064
Public relations specialists – + 2K – $54,995
Editors – + 4K – $63,606/level 2 = $90,563
Technical writers – minus 5K – $47,195
Registered nurses – plus 6K – $88,941
Nurse practitioners – same – $113,630
Acupuncturists – plus 1K – $64,979
Medical and clinical laboratory technologists – minus 1K – $49,483
Medical and clinical laboratory technicians – $49,483
Chefs and head cooks – plus 5K – $47,154
Restaurant cooks – plus 1K – $34,611
Sales engineers – plus 7K – $101,171

The bottom lines appear to be that the pluses far exceed the minuses; premiums are on individuals with professional technical skills; managers do not to command the level of increases as persons with professional technical skills; and hiring in certain computer occupations may be adversely affected by the rise of generative artificial intelligence.

Checking to see whether the new medical form is being used

The new edition of the I-693 Instructions for Report of Medical Examination and Vaccination Record came into effect on July 2, 2025, and submitting a medical examination on the former edition may be cause for rejection of the I-485 adjustment of status application. The rule is that If the civil surgeon signs your form on or before July 2, 2025, you must use the 03/09/23 or the 01/20/25 edition. If the civil surgeon signs your form July 3, 2025 or later, USCIS will accept only the 01/20/25 edition. https://www.uscis.gov/i-693 This may be concerning to law firms as some designated physicians and clinics may still be issuing medical findings on the former edition in the first days of new edition use, and the law firm cannot open the medical (closed medical required). In case of doubt, the client can be asked what edition was used and date of signature as the client is usually given a copy of the medical by the physician/clinic. If not, the client could check with the doctor’s office to ensure that the correct edition was used.

Online H-1B cap filing reminder

This year saw an increase in the number of H1B selections https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process due to the reforms instituted by USCIS in the H-1B Modernization Rule which included enhanced registration payments per candidate from $10 to $215 and that, regardless of how many organizations submitted individual registration applications for one person, that person would only be counted once. Many law firms handling H-1B cap petitions worked until the last week to submit selected H-1B registration petitions by the deadline of June 30, 2025. Online filings were encouraged to reduce the possibilities of error. A reminder is that in the latter circumstance – especially when dealing with smaller sized companies, they should be given warning well ahead of time that they must have sufficient monies on their credit cards for online case filings, and they should perhaps even notify the credit card companies ahead of time that they will be putting heavy charges on their cards. USCIS charges are no longer a few hundred dollars, rather over $3000 and $4000 on many occasions and with premium processing over $6000 for most companies – serious money to the credit card companies, especially where organizations are sponsoring multiple beneficiaries. Even if the company credit card does not exceed the credit line, the charges may be rejected as abnormal by the credit card company necessitating last-minute communications between the designated person on the credit card and the credit card company. In one situation involving a last-minute online filing, the designated person could not be reached, and the petitioning organization had to reach out to its second bank after the first bank rejected its request for ACH transfer to pay for the filing.

Warning on what to look out for in nonimmigrant visa interviews – most likely applicable also to CBP at ports of entry

The State Department restarted FMJ visa interviews again on June 18, 2025, with heavy vetting on social media. https://www.msn.com/en-us/news/us/state-dept-restarts-student-visa-interviews-with-tougher-social-media-rules/ar-AA1GYPGN The Marco Rubio cable said for officers to examine student profiles “to identify applicants who bear hostile attitudes towards our citizens, culture, government, institutions, or founding principles; who advocate for, aid, or support designated foreign terrorists and other threats to US national security; or who perpetrate unlawful antisemitic harassment or violence.” Applicants must make public and accessible all portions of their social media accounts and should be penalized if they refuse. If portions of accounts remain set to private or are otherwise limited, officers should treat the case as any other where an applicant fails to provide certain information on request – “You must consider whether such failure reflects evasiveness or otherwise calls into question the applicant’s credibility.” The new guidelines affect new applicants; those whose cases are currently in progress –that includes applicants who have not yet been interviewed and those whose interviews have been waived; and those who have already been interviewed and are otherwise approvable but have not yet been finalized as approved.

It is clear that in this Administration, Customs and Border Protection (CBP) closely follows the lead of the Department of State. Thus, nonimmigrants who are traveling internationally should be aware that the above guidelines may apply to them even if they are not applying for visas at American consulates or embassies. They and even permanent residents and US citizens who fear intrusive searches at ports of entry may consider taking proactive steps. If you fear border searches of your phone, advice from a New York Times columnist [Sorry, cannot locate article] is to consider wiping your data or even buying a cheap backup device. If a US citizen, turn off biometrics such as fingerprint and facial recognition sensors and only rely on the passcode because it is legally more difficult for the government to compel you to share a passcode that it is for an officer to take your phone and hold it up to your face to unlock it.

Alan Lee, Esq. Q&As published on the World Journal Weekly on July 13, 2025： 1. Promotion with a new job title may require redoing PERM 2. Your entry and stay would have to be consistent with your declared intent 3. NIW petition or O-1 visa? 4. The use of advance parole does not invalidate your H-1B status 5. USCIS often issues the I-693 (medical) RFE months early

1. Promotion with a new job title may require redoing PERM

A reader asks:
My company offered me a promotion from Senior Internal Auditor to Internal Audit Manager. The new position is 90% the same with an added 10% managerial responsibility. However, the attorney says I’ll need to redo the PERM and advised against changing positions. They also said the Internal Audit Manager role wouldn’t qualify for a green card because it requires 5 years’ experience and a Master’s degree. The job title for the new PERM would have to be Financial Manager, but the prevailing wage for that is at least $160K, which the company won’t pay. So, the promotion seems unlikely. My PD is March 2021 and hasn’t moved for nearly a year. Do I really need to redo PERM to accept the promotion while waiting for my priority date?

Alan Lee, Esq. answers:
From your set of facts that your priority date is in March 2021 and complaint concerning the wait being a year without movement, I assume that you have not yet filed the I-485 application which requires that the priority date be current. In such situation, you are not entitled to keep the entire case under the rubric that the new job is in a “same or similar” occupation to the one in the certified PERM. At this stage, you would only be entitled to keep the priority date, and as your attorney points out, you would have to reapply for PERM with all of the cautions that he has given you. The law only allows the use of “same or similar occupation” where the I-140 petition has been approved and I-485 pending for six months – not for situations in which the circumstances have changed prior to the I-485 application being filed. In the event that you actually meet to allow the timeframe for use of “same or similar occupation” to port your case, the question is whether USCIS will see that this is the “same or similar occupation” in which it will consider and compare the two positions to see whether the new occupation qualifies or is materially different.

2. Your entry and stay would have to be consistent with your declared intent

A reader asks:
If I am denied an H-1B visa while applying from abroad and get laid off during the visa check process, can I still go to the US? Can I go to the US to find a job, or do I need to find a job from abroad and apply for a visa again?

Alan Lee Esq. answers:
Whether you are able to go to the US after being denied for H-1B visa and being laid off during the visa check process depends upon whether you already have a non-canceled US visa, or are able to obtain one, or if you are visa exempt (Canadian national or from a country under the visa waiver program – ESTA). Your entry and stay would have to be consistent with your declared intent. It is highly doubtful that you would be allowed to enter the country for purposes of looking for a job although USCIS will allow job hunting as a reason for obtaining a change of status after losing a H-1B position in the US. We seriously doubt that US consulates would give a B visa for that purpose and explaining that as the purpose for entry to a Customs and Border Protection (CBP) officer at the port of entry would likely invite problems.

3. NIW petition or O-1 visa?

A reader asks:
I have studied for a master’s degree in the United States, applied for OPT, and worked with an O visa, that is, I have used F, O, and B visas. Now, I have I-140 for NIW and want to return to the United States. I will definitely be in the United States in the future, and I’m thinking of going there early to apply for EB-1. Which one is more suitable, F-1 or O-1? Will I be refused a visa in this case?

Alan Lee Esq. Answers:
Since you’ve previously worked in the U.S. under an O visa and already filed a National Interest Waiver (NIW) petition (which shows immigrant intent), an O-1 visa is more aligned with your profile. F-1 is a nonimmigrant visa that requires proof of nonimmigrant intent, which conflicts with your I-140 filing and clear long-term immigration goal. Applying for an F-1 has a higher risk of rejection due to immigrant intent concerns. O-1 while not a dual intent visa (allowing both nonimmigrant and immigrant intents) lies in a gray area in which we have seen consular approvals even while I-140 petitions have been filed or approved. The issuance is within the discretion of consular officers.

4. The use of advance parole does not invalidate your H-1B status

A reader asks:
I’ve had my combo card for half a year now, and I plan to return to China for the Spring Festival early next year. I heard that if I re-enter the U.S. using the combo card, my H-1B will automatically become invalid. Should I apply for an H-1B visa and use that to return to the U.S. in order to maintain my status? I’ve never left the U.S. since getting my H-1B.

Alan Lee, Esq. answers:
Besides our general warning that nonimmigrants in the US should not take unnecessary trips outside the US because of the present political climate against immigration and nonimmigrant students by this administration, recent events have shown that Chinese students especially will be heavily vetted when they travel and reenter the country. To your specific question, the use of advance parole does not invalidate your H-1B status under legacy INS policy, and you are allowed to work for the H-1B employer and apply for extension of H-1B status when your present H-1B petition begins to expire.

5. USCIS often issues the I-693 (medical) RFE months early

A reader asks:
I originally applied under EB-2 but later downgraded to EB-3. I received my combo card in May. EB-3’s Chart A hasn’t become current yet—still about a month to go—but I received a request for a medical RFE by email. Does this mean the case is in the final review stage? If I submit the medicals, will I get the green card without waiting for Chart A? Or does it still need to be current to issue the card? I have a feeling Chart A might move forward in November.

Alan Lee, Esq. answers:
USCIS often issues the I-693 (medical) RFE months early so your case is “ready to go.” They still may not approve the I-485 until your Final-Action Date (Chart A) is current. You simply upload the sealed I-693 now and wait; if Chart A becomes current, your case can hopefully be approved quickly.

Alan Lee, Esq. Q&As published on the World Journal Weekly on July 6, 2025：1. Security checks can vary in duration

1. Security checks can vary in duration

A reader asks:
I applied for immigration as an outstanding talent and applied for premium processing. Now, the application has been over 45 working days, and there is still no news. The lawyer sent an email to USCIS, and the reply said it was a security check issue. How long does this security check usually take?

Alan Lee Esq. answers:
Security checks can vary in duration. While most are resolved within weeks to a few months, there’s no fixed limit. Some can unfortunately take several months or longer, especially for individuals with foreign degrees, international work experience, or if their name matches someone on a government watchlist. Your lawyer may continue to track your case with the premium processing unit of the service center holding your case.