Author: Alan Lee

Alan Lee, Esq. Q&As published on the World Journal Weekly on June 15, 2025：1. You cannot change status from an immigrant visa to nonimmigrant visa status in the US 2. You would face a 10-year bar for unlawful presence once you leave the country

1. You cannot change status from an immigrant visa to nonimmigrant visa status in the US

A reader asks:
My case is a bit complicated. I-485 has been submitted for EB-5, and needing to provide additional documents. The approval is likely, but the project has declared bankruptcy, which may cause issues with the I-829 application later.  Therefore, I am considering switching  to NIW. If I receive the conditional green card now, can I voluntarily give it up before transitioning to the I-829 and continue with the NIW application?  I have heard that transitioning from an immigrant to non-immigrant status is very difficult. If my conditional green card expires, do I need to leave the country immediately and apply for another non-immigrant status abroad, like the H-1B?

The company’s immigration officer said that they won’t retrieve my case and told me to wait for the green card. Can one really have no payroll before receiving the green card?

Alan Lee Esq. answers,
Having a conditional resident status allows you to remain legally in the US, but if you are not filing the I-829, the conditional status would expire and without any changes in your condition, you would seemingly have no basis to remain in the US. It is our understanding that you cannot change status from an immigrant visa to nonimmigrant visa status in the US, and that you would have to leave the country to obtain a nonimmigrant visa status. On your other question as to whether one can really have no payroll before receiving the green card, I assume that you are referring to the conditional green card – in such case, that is entirely possible, especially in the EB-5 context, and also given that you must have work authorization to be employed in the US.

2. You would face a 10-year bar for unlawful presence once you leave the country

A reader asks:
My I-140 is approved but my H-1B status has long expired. After  I switched from F-1 to H-1B, I haven’t returned to my home country. If I go now for a visa interview, would there be a high risk?

Alan Lee Esq. answers,
If your I-140 petition is approved but your H-1B status has long expired, a major question is whether you have maintained legal status in the US. If you have not, you would face a 10 year bar for unlawful presence once you leave the country. Assuming that you are maintaining legal status under some other nonimmigrant category, you could face questions concerning your intent to take up the position with the I-140 sponsoring organization if that is also the organization that sponsored the H-1B. This is assuming that the organization is willing to move forward and keep sponsoring your immigration. In such circumstance, if you are able to convince the consular officer that there is still a bona fide need for your services with the organization, then the risk is mitigated.

Article: IMMIGRATION NEWS THAT EVERYONE SHOULD BE AWARE OF – TRUMP AND CONGO; 12 COUNTRY TRAVEL BAN; PEOPLE/SITUATIONS THOUGHT SAFE/LESS RISKY MAY NOT BE ANY LONGER; AILA WARNING OF INCREASED ARRESTS AT USCIS/ICE INTERVIEWS AND IMMIGRATION COURT HEARINGS AROUND THE COUNTRY; FRAMED, VILIFIED UNJUSTLY BY DHS SECRETARY, YET STILL SITS IN DETENTION.

As published in the Immigration Daily on June 11, 2025

  1. Trump and Congo

President Trump must really have it in for Congo. First he sends a deportee of Congo nationality to South Sudan which refused him for no connection and for which Trump threatened to cancel all visas of that nation. https://www.legit.ng/people/1649090-man-originally-congo-deported-country-revokes-visas-south-sudaneses/. Then he confronts the South African president Cyril Ramaphosa in the White House in a Zelensky type ambush claiming genocide in South Africa of Afrikaners including burial pictures – with the pictures turning out to be of the conflict in Congo. https://www.politifact.com/article/2025/may/22/Trump-video-South-Africa-burial-farmers-genocide/. Mr. Trump either is a terrible fact checker or facts are inconvenient truths to be skirted.

  1. 12 Country Travel Ban

The 12 country travel ban that came into effect on June 9, 2025, covers 12 countries – citizens of Afghanistan, Myanmar, Chad, the Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan and Yemen. https://www.nytimes.com/interactive/2025/06/05/us/travel-ban-order-full.html. It also restricts entry for 7 countries’ citizens of Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan and Venezuela who are outside the U.S. and do not hold a valid visa. Partial suspensions for the seven countries are for immigrants and nonimmigrants on B-1, B-2, B-1/B-2, F, M, and J visas. Generally, the ban applies to foreign nationals of those countries who are outside the US on the effective date and do not have a valid visa on the effective date. The ban does not apply to permanent residents, or a dual national of one of the countries if the individual is traveling on a passport issued by a country not designated. There are certain other exceptions including one for certain individuals who, in the discretion of the Secretary of State, can be allowed to travel where the travel would advance a critical US national interest. This latter type of exception spawned legal work by firms previously in the Covid-19 travel ban, but given the countries involved, will likely not result in law firms doing a lot of work here.

  1. People/Situations Thought Safe/Less Risky May Not Be Any Longer

Areas that we thought safe or less risky may not be any longer and we will be adjusting our risk assessment:

  • A US military wife from Australia being petitioned by her husband visiting on a three week vacation in Honolulu with her mother and whose husband was waiting to collect them at the airport was allegedly laughed at when she said that she was married to someone in the U.S. Army; taken to secondary inspection; made to undergo a body cavity search; walked through the airport in handcuffs; driven to the federal detention center; strip-searched; put in detention with women who had been convicted of murder and drug offenses; made to share a cell with a woman from Fiji who was also denied entry and waiting to be deported; not given food; and the next morning brought back to the airport and sent back to Australia. https://www.hawaiinewsnow.com/2025/05/24/im-not-criminal-australian-woman-recounts-detention-experience-while-trying-visit-us-military-spouse-hawaii/.
  • A high school student in New York for a downtown 26 Federal Plaza immigration court hearing had his case dismissed, and was arrested by waiting ICE officers. https://www.rsn.org/001/ice-shifting-tactics-detains-high-school-student-at-nyc-courthouse.html. He had entered the US in April 2024 under the Biden humanitarian parole program; had no criminal record; and when not at school worked as a delivery driver to help his mother and two younger siblings save enough money to move out of the shelter. Mayor Eric Adams when asked about it said that he did not handle federal enforcement policies and that his opinion did not matter. It is pretty well known that part of his deal for the Justice Department to drop corruption charges against him was for his immigration enforcement help and Thomas Homan, the Border Czar, promised to be up “his butt” if Adams did not advance the Trump agenda.
  1. AILA Warning of Increased Arrests at USCIS/ICE Interviews and Immigration Court Hearings Around The Country

AILA  (American Immigration Lawyers Association) is warning of ICE increases of arrests at USCIS field offices at scheduled immigration benefits interviews including asylum, permanent residence, naturalization, and ICE check-in appointments. Members have reported arrests at I-130 interviews at field offices in Miami, LA, Fresno, St. Louis, and Portland. USCIS has publicly reported 26 arrests including Tampa, Orlando, New Orleans, Houston, Phoenix, Indianapolis, El Paso, Charlotte, San Fernando, Kendall, and one unspecified office in California. High-risk people include those with prior removal orders, criminal charges, criminal convictions, and warrants. AILA is also warning of ICE arrests in immigration courts around the country; that immigration court cases are being dismissed by judges after motions by ACCs (Assistant Chief Counsels) for DHS to dismiss where ICE can process them for expedited removal, and some members are reporting seeing detentions regardless of whether dismissals were granted. In other words, you walk into the court with your client who was served with a regular NTA (Notice to Appear); the ACC moves to dismiss the NTA on the basis that the client is subject to expedited removal (entered illegally or with fraud or misrepresentation and not yet here two years or paroled on entry whether two years have since passed); the IJ grants the dismissal and ICE is waiting in the hallway with handcuffs and takes away your client. In the meantime, you the attorney are standing there flabbergasted watching the back of your handcuffed client going away with ICE officers down the hallway and into the elevator.

  1. Framed, Vilified Unjustly by DHS Secretary, Yet Still Sits in Detention

In the meantime, there is a report out of Milwaukee that a US citizen charged with armed robbery and aggravated battery against an undocumented immigrant concocted a letter supposedly written by the victim threatening to kill Donald Trump, and the story received a flood of media attention and was highlighted by the White House including DHS Secretary Kristi Noem, who released a statement praising immigration officers for arresting Ramon Morales-Reyes one day after the forged letter was received by an ICE field intelligence officer. https://www.sfgate.com/news/article/what-to-know-about-ramo-n-morales-reyes-a-20361562.php. The case against him began to come apart because one of the victim’s children said that he could not have written the letter since he cannot read or write in Spanish, let alone English and a handwriting comparison showed no similarities.  The US citizen had allegedly assaulted the victim with a box cutter during an attempted theft of his bike and framed him to keep him from testifying. As of the time of this writing, Mr. Morales sits in immigration detention, and there is as yet no apology from the DHS Secretary.

Unfortunately, there is no good news in this article –readers may wish to use the above information to better assess or reassess risk in these types of situations involving themselves and others.

Alan Lee, Esq. Q&As published on the World Journal Weekly on June 8, 2025： 1. Bloggers with millions of followers do not meet EB-1 requirements 2. Recruitment must be completed within 180 days before submitting PERM 3. If you are laid off while doing consular processing after your date becomes current, the green card application will end 4. Re-entering the country with an H-1B is conducive to converting to H-4

1. Bloggers with millions of followers do not meet EB-1 requirements

A reader asks:
I still have a job, but in my spare time, I’ve been using Facebook & YouTube for a few months and have already gained 100,000 followers. If I take this more seriously, reaching 1 million followers should just be a matter of time. If I become a fitness influencer with 1 million followers, could I apply for an EB-1?

Alan Lee Esq. answers,
I believe that it would be difficult for USCIS to approve such an application even if you reach 1 million followers. The following are the requirements for EB-1A consideration of which an applicant must fulfill three before going into a final merits determination of whether the individual is one of the best nationwide or worldwide –

  1. National or International Awards: Evidence of receipt of nationally or internationally recognized prizes or awards for excellence in the field.
  2. Membership in Exclusive Associations: Evidence of membership in associations in the field that require outstanding achievements as judged by recognized national or international experts.
  3. Published Material About You: Evidence of published material about you in professional or major trade publications or other major media.
  4. Judging the Work of Others: Evidence that you have been asked to judge the work of others, either individually or on a panel.
  5. Original Contributions of Major Significance: Evidence of your original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field.
  6. Authorship of Scholarly Articles: Evidence of authorship of scholarly articles in professional or major trade publications or other major media.
  7. Artistic Display of Work: Evidence that your work has been displayed at artistic exhibitions or showcases.
  8. Leading or Critical Role: Evidence of a leading or critical role in distinguished organizations.
  9. High Salary or Remuneration: Evidence that you have commanded a high salary or other significantly high remuneration in relation to others in the field.
  10. Commercial Success in the Performing Arts: Evidence of commercial successes in the performing arts, as shown by box office receipts or sales.

Another facet of the EB-1A category is that you must show sustained achievement over a period of time and so even if you were able to fulfill three categories of proof, you would have to show years of sustainable achievement in the field.

2. Recruitment must be completed within 180 days before submitting PERM

A reader asks:
I applied for EB-2. During the process, PWD was approved in March this year and started advertising in May, but PERM has not been filed yet. I remember there was a 180-day requirement, and I urged them to do it in early September. They told me it was okay, the deadline was November 8th. I thought that since the lawyer said so, it should be correct. However, I was suddenly told today that since the employer did not advertise in paper media as the lawyer requested, but only posted online, it is too late to put it in the newspaper now. So far, all their efforts have been wasted, and they have to start all over again for PWD. This is like my entire past year has been wasted. More importantly, my H-1B will be six years in May 2026. If I want to extend the period later, I must wait for PERM for more than one year before that, which means I must submit PERM before May next year (2025). It’s already October. If we restart PWD, based on the current processing time and advertising, it may not be on time. Please advise what I should do? Is it really like they said that there is no time to file PERM, and I have to start over? How is the PERM filing deadline defined?

Alan Lee Esq. answers,
Yes, the 180-day rule requires that recruitment steps be completed within 180 days before filing the PERM. If your employer didn’t follow the lawyer’s instructions (e.g., skipped newspaper ads), that recruitment effort is invalid, and you must restart the PWD and recruitment process. Given your H-1B max-out in May 2026, you need the PERM to be filed by May 2025 to be eligible for H-1B extension beyond 6 years. PWD processing takes 5 months currently and with the time for recruitment at fastest another 3 months, that would be 8 months when you have 7 (question sent in October). Timing could perhaps be shortened for recruitment if the lawyer knows or has a good idea of the prevailing wage and if the employer is willing to take the risk of beginning recruitment without knowing the wage amount for certain since the wrong PWD would necessitate redoing the recruitment.

3. If you are laid off while doing consular processing after your date becomes current, the green card application will end

A reader asks:
My I-140 is approved and my PD will be current soon. Due to family reasons, I need to transfer to my company’s overseas branch before the date becomes current. If I choose consular processing abroad after the date becomes current, what impact would it have if I am laid off before I get the green card?

Alan Lee Esq. answers,
If you are laid off while doing consular processing after your date becomes current, and there are no prospects for continued employment with the sponsoring organization, your application for a green card based upon company sponsorship would be effectively ended, since it can be assumed that the organization would not continue sponsorship. You would have to seek sponsorship with another organization. As the I-140 petition is already approved, you would be able to retain the priority date absent fraud, misrepresentation, or material USCIS error in the prior I-140 approval.

4. Re-entering the country with an H-1B is conducive to converting to H-4

A reader asks:
My wife filed for NIW and submitted the I-485, and we both received combo cards.  However, my wife’s job might face layoffs. I recently used the AP on the combo card for re-entry, which technically puts my H-1B status in a grey area. Can I still switch to  H-4 under my wife’s application?

Alan Lee Esq. answers,
You are correct in thinking that reentering on advance parole instead of H-1B might present a problem in changing to H-4. Assuming that your wife still retains her H-1B status and that you are set on obtaining change of status instead of applying for H-4 visa overseas, you may decide to take a trip out of the country and return under H-1B status if you still intend to work with the H-1B employer after reentering the country. This might especially be attractive if you already have a H-1B visa in your passport. Reentering the country under H-1B and working for the H-1B employer for a small period of time would give you the basis to make the change to H-4 without much difficulty. Otherwise, according to our understanding, you would have to leave the US and apply for the H-4 visa at a US consular post.

Alan Lee, Esq. Q&As published on the World Journal Weekly on June 1, 2025：1. I-485 is pending, we suggest not staying out of the US more than 90 days 2. Check the processing times of the office(s) having jurisdiction over your I-485

1. I-485 is pending, we suggest not staying out of the US more than 90 days

A reader asks:
My I-485 is pending, and it will probably take about 5 years until Form A is available. Currently, I have AP and EAD cards, and I still have a job in China. Can I go back to the US every six months for 2 weeks to utilized my cards? Lawyers have different opinions. There is no law that explicitly stipulates how long one must live in the US. My lawyer recommends that I should not leave the US for more than 180 days. However, some lawyers also recommend that one should not leave the US for more than 90 days, and should stay in the US for more than 183 days each year and be a tax resident. Can I really use my AP and EAD cards until my I-485 is adjudicated? How big is the risk? Will I be stopped when entering the US, or it will cause my I-485 be rejected? It seems that as long as I go back to the US every 4 to 5 months and have evidence I am willing to stay in the US and I should be ok, correct?

Alan Lee, Esq. answers,
You are correct that lawyers have different opinions of how long individuals with advance parole based on I-485 can remain outside the United States. We tend to be conservative and would recommend the same as some lawyers that you say suggest not staying out of the US more than 90 days. We are entering a new age of restriction in immigration law under the Trump administration and risks that may have been acceptable under the Biden administration may be much riskier given the turn in DHS attitude from benefits granting to enforcement that we are now starting to see.

2. Check the processing times of the office(s) having jurisdiction over your I-485

A reader asks:
My I-485 has been lying on NBC since I submitted the form in January, and there is no news about I-765 and I-131. Am I in a black hole?

Alan Lee, Esq. answers,
I doubt that you have fallen into a black hole. USCIS has processing times for everything, although it had said that was decreasing the time for EAD applications submitted with 1-485’s. That being said, you can check the processing times of the office(s) having jurisdiction over them. You can visit the USCIS website page for processing times (https://egov.uscis.gov/processing-times/) and enter your case type and your USCIS office, and the website will inform you of the normal processing times for your type of application. You can also enter the date in which your application was filed at the bottom of the page. Once you enter that, the webpage will tell you whether your case is being processed normally or if it is outside normal processing times. If it is outside normal processing times, then you may file an eRequest (https://egov.uscis.gov/e-request/Intro.do ) or chat with EMMA (https://www.uscis.gov/tools/meet-emma-our-virtual-assistant) to place a service request to inquire about the status of your case. You can also reach out telephonically to the USCIS Contact Center at 1-800-375-5283 to speak with a contact representative.

Alan Lee, Esq. Q&As published on the World Journal Weekly on May 18, 2025：1. Adjudication of an I-140 petition depends more upon the company’s situation 2. Questions may be asked at the I-485 adjudication regarding why you no longer work for company 3. I-485 may be strictly reviewed if you return to the company you left 4. I-140 processing time is less than 350 days at two service centers

1. Adjudication of an I-140 petition depends more upon the company’s situation

A reader asks:
I work in an educational consulting management role at a startup. My PERM application was submitted in September 2023, but I have not received any update so far. I am anxiously waiting, but unfortunately, I was laid off by the company. The company is willing to keep me on the payroll for a short period, but not for long, and will help me complete the I-140 process. The company is currently facing difficulties, but it may recover in a few years, so they might be willing to file my I-485 at that time. The EB-2 process started 3 years ago, and I really want to retain my Priority Date (PD) at this final stage; otherwise, all previous efforts would be in vain.

My question is:

  1. What should I do now? If I leave the company now, will it affect the I-140 application?
  2. Previously, the company adjusted my salary to meet the Department of Labor’s requirement because the company’s profit were insufficient. If I leave before the I-140 is filed, will it affect the approval probability of I-140? The payroll duration will be short.  If the PD becomes current in 3-4 years and the company is still willing to help me complete I-485, what should I do?
  3. I’ve heard that after getting a green card, one needs to work for the employer for more than six months. The company is reluctantly willing to file  I-485 or process the immigration visa abroad but may not be willing to employ me for six months. What should I do in this situation?

Alan Lee Esq. answers,
Under the law, a company should not sponsor someone under an I-140 petition that it has no intention of hiring as a permanent employee at the time that permanent residence is approved. That being said, adjudication of an I-140 petition depends more upon the company’s financial state and whether the beneficiary meets the qualifications of the PERM labor certification. Questions having to do with leaving the company now have more relevance at the time of application for adjustment of status or immigrant visa processing overseas. At that point, questions may arise concerning your leaving the company and the bona fide character of the sponsorship. To your other question, a good idea is that the successful applicant for immigration based upon labor certification should remain with the company for six months. However, US immigration law is not a license for bondage, and so the time may be shorter to remain with the company if there is good reason for a short time of employment.

2. Questions may be asked at the I-485 adjudication regarding why you no longer work for company

A reader asks:
If the petition letter mentions many things I did for the company, but when the PD becomes current, I am no longer with the company or am unemployed, can I still use this I-140 to submit I-485, or process an immigrant visa abroad? Will it be questioned by the immigration officer?

Alan Lee Esq. answers,
I assume for purposes of your question that the I-140 petition has already been approved and that you are waiting for the priority date to become current. Only if the company has a bona fide intention to hire you at the end of the process under the same terms as stated in the labor certification application and/or immigrant visa petition should you use the I-140 petition approval to submit the I-485 or process for immigration visa overseas. Kindly note that questions may be asked at that time of final adjudication as to the reasons for which you are no longer working for the company and why the company would continue sponsoring you for the green card anyway.

3. I-485 may be strictly reviewed if you return to the company you left

A reader asks:
I left company A three years ago and switched to company B. When I was at company A, my I-140 had been approved and I was waiting in line to submit my I-485. Now, company B is helping me apply for a green card perm. The final materials are ready to be submitted and the PD is current. A contacted me and hoped that I could go back. If I go back to A, can I directly submit I-485? Or do I need to do a new perm? A’s I-140 should not be revoked.

Alan Lee Esq. answers,
If company A did not timely revoke the 1-140 petition and is indeed offering you the position again, you may be able to directly submit the 1-485 application without going through the PERM labor certification process once again. Please note that USCIS may take a harder look at your case as to whether it is a bona fide situation of an employer actually wanting you back or an employer just attempting to accommodate your desire to obtain permanent residence. The three-year period of time that you have been away from the company may be very concerning to an officer.

4. I-140 processing time is less than 350 days at two service centers

A reader asks:
I submitted an I-140 for EB-3 before, and I was obsessed with not applying for an accelerated application at my own expense. I have been waiting for 350 days without realizing it, and the status is still “case was received”. I would like to sincerely ask for some advice. Should I continue to wait and see if there will be an update soon, or should I give up the fantasy of self-funded PP?

Alan Lee Esq. answers,
According to the latest timelines of USCIS, the two service centers processing 1-140 petitions were doing so for 80% of their cases at 8 months for Nebraska and 5.5 for Texas. These dates are far below 350 days. If your case has not been adjudicated by this time, you may file an eRequest (https://egov.uscis.gov/c-requcstrlntro.do) or chat with EMMA (https ://www. uscis. gov/tools/meet-emma-our-virtual-assistant) to place a service request to inquire about the status of your case. You can also reach out telephonically to the USCIS Contact Center at 1-800-375-5283 to speak with a contact representative. Alternatively, the petitioner (not you) can submit an application for premium processing on form 1-907.

Alan Lee, Esq. Q&As published on the World Journal Weekly on May 11, 2025：An F-1 applicant has to be able to demonstrate intention to depart after the studies are finished

An F-1 applicant has to be able to demonstrate intention to depart after the studies are finished

A reader asks:

I hold an F-1 visa, which has expired, and I am now on OPT. The company applied for H-1B, but it was rejected several times. I have submitted a National Interest Application (NIW) application, which is under review. I am considering returning to China at the end of the year and interviewing for F-1. USCIS updated its policy on F and M visas in December 2023, allowing students to apply for green cards during their studies without affecting their status. When I think about staying here alone during the Christmas holidays, I can’t help but want to go back to China. At present, the case I have seen is that after the I-140 is passed, there is no problem traveling to and from the United States with a valid F-1. I want to ask if there is any risk in going back for an F-1 interview during the review period after submitting a green card application?

Mr. Alan Lee Answers,
The December 2023 guidance clarifies that F and M students must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still be able to demonstrate their intention to depart after a temporary period of stay. However, the guidance is not a guarantee that an F-i visa will be issued. An applicant still has to be able to demonstrate intention to depart after the studies are finished.

In addition, the election of Donald Trump is concerning as he has a negative stance on immigration and has a raft of executive orders including many supposedly in the field of immigration which may make the usual immigration processes more difficult. I note that some colleges and universities have already advised their students not to take trips overseas during the Christmas break because of the enhanced risk of problems in returning.

Article: NONESSENTIAL TRAVEL OUTSIDE THE US NOT RECOMMENDED, ESPECIALLY FOR NONIMMIGRANTS.

As published in the Immigration Daily on April 25, 2025

International travel remains in the bull’s-eye of the Trump Administration’s crackdown on opposing views and nonimmigrants have less rights on entry than permanent residents, although even some of the latter are also being targeted for removal. Generally, entering nonimmigrants can be removed by Customs and Border Protection (CBP) without immigration court proceedings unless they request political asylum under which they could be relegated to expedited removal proceedings. Permanent residents who contest admissibility are entitled to a hearing before the immigration court in most situations.

This comes about through President Trump’s national security campaign promise and his Executive Order 14161 for enhanced screening and vetting across government agencies to “identify all resources that may be used to ensure that all aliens seeking admission to the United States, or who are already in the United States, are vetted and screened to the maximum degree possible….” DCPD-202500128.pdf

Applicants for visas at US embassies and consulates face enhanced vetting there and also by Customs and Border Protection at the borders when they enter the US. Nonimmigrants in the US with visas who do not have to visit consular posts or are visa exempt, e.g. Canadians, are experiencing more frequent and more intrusive inspections and questioning than in the past. The crackdown has even moved inland with over 300 nonimmigrants in the country having their visas revoked with some being detained in a major escalation of enforcement with Secretary of State Marco Rubio saying that visa holders charged with a crime while in the United States should automatically lose their visa. https://www.nytimes.com/2025/03/28/us/politics/rubio-immigration-students-ozturk-chung-khalil.html (In the past, nonimmigrants having their visas revoked by the State Department were usually allowed to remain in the US with the revocations taking effect upon their leaving).

Especially targeted now are individuals requesting initial or renewal visas in the student and exchange visitor categories. A number of recent articles have covered Secretary of State Marco Rubio’s unpublished 1700 word cable on March 25, 2025 titled “Action Requests: Enhanced Screening and Social Media Vetting for Visa Applicants” describing the process consular officers must follow when reviewing M, F, and J student and exchange visitor visas. Consular officers are to refer certain student and exchange visitor visa applicants to the fraud prevention unit for a mandatory social media check. Those to be scrutinized are:

  • Someone suspected of having terrorist ties or sympathies.
  • Who had a student or exchange visa between 10/7/23 and 8/31/24.
  • Who has had a visa terminated since that October date.

It appears that criticism of President Trump or Israel might be sufficient grounds for visa denial. Consular officers are to deny where applicants demonstrate “a degree of public approval or public advocacy for terrorist activity or a terrorist organization,” which could be evident in “conduct that bears a hostile attitude toward US citizens or US culture”.

This also appears part and parcel of an Administration policy of making encounters with CBP and ICE more volatile, escalatory and humiliating than in the past in detaining and removing visitors from abroad upon entry under visas other than student and exchange visitors https://www.rsn.org/001/im-the-canadian-who-was-detained-by-ice-for-two-weeks-it-felt-like-i-had-been-kidnapped.html; https://www.cnn.com/2025/03/18/us/rasha-alawieh-brown-university-wwk/index.html ; revoking visas and attempting to remove those with legal status for even a DUI in the past https://thehill.com/homenews/education/5225218-university-of-minnesota-ice-arrest-visa-revoked/; and even scrutinizing the backgrounds of green card holders and detaining them for political activities and past minor infractions of law. https://www.nytimes.com/2025/03/28/us/politics/rubio-immigration-students-ozturk-chung-khalil.html ; https://www.cbsnews.com/news/yunseo-chung-columbia-student-south-korea-ice-deportation/; https://www.wbur.org/news/2025/03/19/new-hampshire-fabian-schmidt-ice-detention  

In a letter to the editor of the Washington Post on April 5, 2025, titled “not what I voted for,” the writer indignantly states that “A German friend of my son recently flew to Boston and was put in a room for two hours by immigration officials. She told my son that they searched her belongings, unlocked her phone and looked at all of her messages and photos trying to find any negative comments about Trump so they could send her back to Europe. Some of my own friends have also heard such stories. Some of these people have green cards. News like this is spreading in Europe, and people are canceling trips.” https://www.washingtonpost.com/opinions/2025/04/03/tufts-university-ice-arrests-letters/?utm_source=chatgpt.com

Also to watch out for is the looming travel ban of which final details are not known, but a draft of which includes 43 countries deemed red with a complete travel ban, orange for sharply restricted travel in which people traveling on immigrant or tourist visas might not be able to enter and be subject to mandatory in-person interviews to receive a visa, and yellow in which the countries have 60 days to address concerns including providing insufficient information on incoming travelers, inadequate security in issuing passports, and selling citizenship to persons from banned countries. https://www.newsweek.com/trump-travel-ban-list-2045321 It is not been established whether the ban will apply to persons already holding permanent resident cards.

Further, the Department of State under Mr. Rubio is now using the visa revocation authority as being against US interests capriciously with the latest target being South Sudan. Last Saturday, in revoking all visas for nationals of that country, he said,  “effective immediately, the United States Department of State is taking actions to revoke all visas held by South Sudanese passport holders and prevent further issuance to prevent entry into the United States by South Sudanese passport holders.” The reason: that country refused to accept a deportee from the US – and the reason that it refused was that the deportee was not South Sudanese, but a national of the Democratic Republic of Congo. https://www.upi.com/Top_News/US/2025/04/08/South-Sudan-deport-visa-revoke/8401744112006/

Given all of the above showing crackdowns on nonimmigrants on all levels whether outside or inside the country, that nonimmigrants entering the country have almost no rights and can be easily detained and removed at ports of entry, the looming travel ban, and capricious use of power in immigration matters by this Administration, visa holders in the US may wish to consider the dangers of nonessential travel before booking passage to visit family, get away on holidays, go home during school breaks, or any myriad number of reasons. Those who have changed status to longer-term nonimmigrant statuses in the US may think twice before booking visa appointments at US consulates abroad to have visas stamped in their passports as visas are only for travel and USCIS change of status approvals are sufficient to allow individuals to remain legally in the US. To be caught outside the US when the travel ban comes down (if subject to it) could be a life altering disaster to some. It appears clear that this Administration is willing to sacrifice US travel, tourism and foreign student revenues, and international goodwill to achieve its political aims.

Alan Lee, Esq. Q&As published on the World Journal Weekly on March 30, 2025：1. There are remedies for EB-1A rejections 2. Frequent EB-1A applications do not help approval rates 3. H-1B with 30 days left to apply for expedited processing 4. Contact the USCIS to check whether the I-485 is approved 5. Proof of non-immigrant intent is still required for I-140 applications under OPT 6. After I-140 is approved, you can enter the U.S. with an O-1 visa

1. There are remedies for EB-1A rejections

A reader asks:
I am in the field of new energy materials. When I submitted my professional immigration application a year ago, my citations were around 2,300. At that time, I was about to join a R2 elementary school as a teacher. I found a lawyer and submitted EB-1A and NIWNIW, but I only received the RFE reply recently. The lawyer mentioned 4 standards: published academic papers (36 SCI papers) and books and monographs (4 papers). The officer only recognized the review, saying that the professional information provided was incomplete, the author circulation was missing, or my work was not provided, etc. In fact, every report mentioned my name and school unit, and there were also links to published articles, which I highlighted. The officer did not recognize that my research work was original and important. I have 5 recommendation letters from professors in this field, which discussed my work in detail, and two recommendation letters were ignored. The lawyer said that the recommendation letters were not prepared enough. The last reply is the most outrageous. The officer ignored my 36 papers, some of which I co-authored as the first author of top publications, and some of which were recognized as high-impact books in interdisciplinary fields such as Nature Energy. The officer said in general that some of them were non-academic publications and that the audience of publications should be ordinary people. The lawyer said that he had never read such a thing in his 30 years of practice and felt very bad. I will prepare a response with my best efforts, but I also want to know what to do if the result is not good?

Alan Lee Esq. answers,
From your fact situation, it appears that you have received the RFE on the E13 1A petition. Unfortunately, USCIS examiners have been known to give difficulties in extraordinary alien cases, and in one instance, even denied such recognition to an applicant who had an Oscar award. I imagine that you and your attorney will work hard to respond to the RFE, and the EB1A petition can hopefully be approved. If the EB1A is denied, you can wait and see what happens with the NIW petition, or you can take up options of a motion to reconsider, motion to reopen if you have new evidence of achievements predating your priority date, appeal to the USCIS Administrative Appeals Office and then to the federal court if you wish to take it further, or sue directly in the federal court. Another option is to refile your petition, but note that you must inform USCIS on the Ii 40 petition that you have previously filed a petition.

2. Frequent EB-1A applications do not help approval rates

A reader asks:
I am a doctoral student and want to apply for EB-1A, but my case is weak. In order to avoid the discretion and bias of immigration officers on the same case, I have come up with a solution, which is to submit an application every 3 months so that the case can be sent to different immigration officers to increase the approval rate. Is this a reliable approach?

Alan Lee, Esq. answers,
Unfortunately, this does not sound like a good strategy. Besides USCIS being able to track all the cases which are being filed, page 3, part 4, question 8 of the I-140 petition asks “Has any immigrant visa petition ever been filed by or on behalf of this person?” Filing as many petitions as you contemplate (once every three months) is almost certain to attract unwelcome attention.

3. H-1B with 30 days left to apply for expedited processing

A reader asks:
I am currently working at a school, and my OPT will expire at the end of March 2025. Should I convert my OPT to H-1B first and then submit I-485, or should I submit I-485 and I-765 first and then use the new EAD, then convert to H-1B?

Alan Lee, Esq. answers,
The answer to your question appears to involve timing as this question is being answered when you have approximately 30 days of time left on your OPT. Any of your strategies is workable, but if you have not already begun, you will probably have a gap in your ability to work unless your choice is H-1B with premium processing. (I assume that the H-1B that you are contemplating will be with the school, which I further assume is an institution of higher education and cap-exempt – if not, your organization would have to put in a H-1B registration application for you which in 2025 is running from March 7, 2025 – March 24, 2025 and you would hopefully be selected). In applying for H-1B, work authorization is only given when the H-1B petition is approved. If faced with a short timeline, the school may have to opt for premium processing on form I-907 application for premium processing to allow you to continue your work without break. If not filing H-1B through a cap-exempt school, an H-1B approval would only take effect in October for you at the earliest.

Filing for -I485 adjustment of status with a request for employment authorization does not have an established timeline for the employment authorization document (EAD) to be approved although USCIS currently is adjudicating most requests based upon I-485 filings in about 60 days. It remains to be seen what the timeline will look like in the future in a Trump administration. On the other hand, premium processing with its $2,805 fee allows the H-1B petition to be reached for adjudication within 15 business days.

4. Contact the USCIS to check whether the I-485 is approved

A reader asks:
I submitted I-765, I-131, and I-485 applications 7 months ago, but nothing has been approved so far. In early July, a letter RFE came, requiring a medical examination. I did as required, but it has been more than a month, and there is still no news. It is so painful to wait, what should I do?

Alan Lee, Esq. answers,
For the 1-485, 1-131 advance parole, and 1-765 employment authorization applications, you can check the processing times of the office(s) having jurisdiction over them. You can visit the USCIS website page for processing times (Processing Times) and enter your case type and your USCIS office, and the website will inform you of the normal processing times for your type of application. You can also enter the date in which your application was filed at the bottom of the page. Once you enter that, the webpage will tell you whether your case is being processed normally or if it is outside normal processing times. If it is outside normal processing times, then you may file an eRequest (https://egov.uscis.gov/e-request/Intro.do) or chat with EMMA (https://www.uscis.gov/tools/meet-emma-our-virtual-assistant) to place a service request to inquire about the status of your case. You can also reach out telephonically to the USCIS Contact Center at 1-800-375-5283 to speak with a contact representative.

5. Proof of non-immigrant intent is still required for I-140 applications under OPT

A reader asks:
I am currently in F-1 OPT status. Before signing the offer with my current company, the recruiter assured me that I could start the green card application immediately after joining. However, the green card application was blocked by the law firm after joining, on the grounds that China’s waiting list is too long and I cannot get a green card (or AOS) in the next 18 months. Another reason given by the law firm is that the F-1 visa is a non-immigrant visa. If I submit an I-140 application, there may be risks in entering and leaving the country. My own research shows that during the Biden administration, I-140 applications are no longer considered to have an immigrant intent, and will only be considered at the I-485 stage. May I ask if it is feasible to start the green card application during the F-1 period?

Alan Lee, Esq. answers,
Many labor certification applications are filed during the time that students are in F-I OPT status. Our office works with a number of companies that are willing to begin the labor certification process, especially where the applicant is eligible for a STEM OPT extension. Kindly note that your assumption that the Ii 40 application is no longer considered to have an immigrant intent must be qualified. Any student still has to prove nonimmigrant intent, although the December 2023 guidance by DHS clarified that F and M sludents must have a foreign residence that they do not intend to abandon, but that such students may be the beneficiary of a permanent labor certification application or immigrant visa petition and may still he able to demonstrate their intention to depart after a temporary period of stay. The question of nonimmigrant intent in student cases is usually more important when the student goes overseas to interview the visa at an American consulate. En your case, the company and its immigration attorney appeared to have made a decision that it would be too risky to sponsor you for the green card given the amount of time you have left and the long backlog of China horn. Perhaps another organization would be willing to take more risk and believe that you might be eligible for additional periods of stay through some other means.

6. After I-140 is approved, you can enter the U.S. with an O-1 visa

A reader asked:
I am in China and have a question. If I successfully apply for I-140 outside the United States, can I use an O-1 visa to enter the United States to work and wait for the waiting period in the United States? I am not sure whether O-1 can have an immigrant-intentioned visa?

Alan Lee, Esq. answers,
The scenario under which you have an approved I-140 petition and apply to enter the US under O-1 to work while your priority date becomes current may be possible. The O-1 visa is not a dual intent visa, but appears to exist in the gray area in which applicants must be able to show that they have a residence in the home country. We have seen cases in which individuals with approved petitions in the US have been able to apply for O-1 visas successfully at US consulates. So the answer is “maybe”, and of course, any visa application at the US consulate or embassy should be truthful in disclosing that you have applied for an immigrant visa petition.

Alan Lee, Esq. Q&As published on the World Journal Weekly on March 16, 2025：EB-1A approved, but may have problems coming to the US with a B visa

EB-1A approved, but may have problems coming to the US with a B visa

A reader asks:
I am in China and applied for EB-1A, which was approved in July 2023. I am struggling whether to go to US under B visa first and then apply for I-485 in the United States, or go through the interview at the Consulate General. Which method is faster?

Alan Lee, Esq. answers,
Traditionally consular processing was quicker than processing at USCIS since consular interviews could be arranged as soon as the priority date was current. However, there are now additional variables making it more challenging to predict which is faster. Because of the slowdown in consular processing and lack of officers incurred during the pandemic, many consular cases are not scheduled as soon as the priority dates are current. There is also a preference to schedule immediate relative family cases faster than employment-based cases. With USCIS, applicants previously could not file I-485 applications for permanent residence until the priority date became current. The situation was alleviated when the Department of State instituted Chart A (final action dates) and Chart B (dates for filing). Previously the priority date only related to a final action date. Applicants could now file I-485 applications before the final action date became current under Chart B (when USCIS states that Chart B can be used during the month) with the possibility that cases could be approved as soon as the Chart A priority date was reached. In the same manner as consular processing, however, cases are many times not adjudicated even then because of a lack of manpower or other reasons. Your situation is also unclear for other reasons – if you do not already have a B visa, there is a likelihood that it will not be approved since you have immigrant intent as shown by your approved I-140 petition. In the event that you manage to arrive under B visa, it is difficult to tell when the priority date under Chart B will become current to your date of July 2023. The current availability date of 1/1/23 has not moved since January 2024. You may also have the problem of figuring out how to maintain a valid status in the US if the priority date does not clear within the time that you are allowed to stay in the US under B status. Hope this helps.

Article: TRUMP IMMIGRATION MOVES AGAINST THOSE WITH HOPE AND STATUS

As published in the Immigration Daily on March 17, 2025

With a blizzard of immigration actions going far beyond a crackdown on criminal aliens, President Trump is exploding the hopes of those who voted for him thinking that he would only expel the criminal element of the immigrant population. If he obtains the $175 billion in budget funding for his immigration program included in the passed Senate resolution in February, he would have the monies required for mass deportation.

Not only are the undocumented at risk of removal, but also those who do not have permanent resident or US citizenship status as seen in the present actions of the administration. A small look at some recent actions of the administration shows that even those with forms of legal status have risk of being ensnared in Mr. Trump’s recent actions:

1. Social media screening is coming back in a big way in a Federal Register (March 5, 2025, Vol. 90, No. 42, pg. 11324) https://www.federalregister.gov/documents/2025/03/05/2025-03492/agency-information-collectio 60 day notice for comment promoting tighter vetting of applications by USCIS in fulfillment of Executive Order 14161, “Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” directing implementation of uniform vetting standards collection of information for rigorous vetting and screening of all grounds of inadmissibility or bases for the denial of immigration-related benefits. Social Media Identifier(s) on immigration forms and/or information collection systems are to be collected from certain populations of individuals on applications for immigration-related benefits for enhanced identity verification, vetting and national security screening and inspection.

This will delay the time for adjudications as USCIS officers and/or administrative staff will spend countless hours poring over applicants’ social media accounts. An idea of the immensity of such screening is USCIS’ estimate of the size of the populations to be screened in each application category – I-485 Application to Register Permanent Residence or Adjust Status, 1,060,585; I-131 Application for Travel Document, 1,073,059; N-400 Application for Naturalization 909,700; I-589 Application for Asylum and Withholding of Removal 203,379; I-751 Petition to Remove Conditions on Residence, 140,000; I-590 Registration for Classification As Refugee, 106,200; I-730 Refugee/Asylee Relative Petition 13,000; and I-829 Petition by Entrepreneur to Remove Conditions, 1010.

2. Enhanced vetting not only affects those requesting immigration benefits of USCIS in the US, but also nonimmigrant visa holders entering the country by US Customs and Border Protection inspectors. A recent article, “Extreme Consistency: How Attorneys Can Prepare for Extreme Vetting at the Border,” by Dan Berger, Brian Halliday and Stephen Yale-Loehr Extreme Consistency: How Attorneys Can Prepare for Extreme Vetting at the Border pointed to two recent refusals of entry into the US – one a H-1B computer scientist in which CBP called the employer contact on the H-1B petition who could not remember the details or knew that the person was flying that day with the result that the scientist received expedited removal; and the second a PhD engineering student from China who received a F-1 visa, and upon CBP finding that the resume submitted at the consulate was shortened from the longer version she had on her laptop, had her withdraw the request for admission and return to China to apply for a new F-1 visa stamp. The authors upon speaking with three levels of CBP officers learned that CBP has new instructions to vigorously scrutinize applicants for admission to the US.

So it appears that travel in and out of the US for nonimmigrant visa holders will be tinged with danger and nonimmigrants in the US may wish to take less frequent trips and, if on working statuses, coordinate international trips with their employers to ensure that the employer’s signatory on the petition refreshes himself or herself with the nonimmigrant’s responsibilities.

3. The new NTA policy announced by USCIS on February 28, 2025 in Policy Memorandum PM-602-0187, “Subject: Issuance of Notices to Appear (NTAs) in Cases Involving “Inadmissible and Deportable Aliens” Policy Memo_Template is a step back to the past in which unfavorable decisions by the agency to applicants who had no legal status to fall back on were usually accompanied by a notice to appear in the immigration court for removal proceedings. Other than for denied cases involving criminal offenses, fraud or misrepresentation, the memo says that “USCIS will issue a new NTA where, upon issuance of an unfavorable decision on a benefit request, the alien is not lawfully present in the United States.” For employment-based petitions, NTA’s will be issued to beneficiaries where the decision on the petition is unfavorable, the beneficiaries are not lawfully present in the US or otherwise removable; and the beneficiary is a signer on an I-129 petition for nonimmigrant worker such as E-1/E-2 treaty traders and treaty investors, H-1B beneficiary owners, and O-1 beneficiary owners.

Prosecutorial discretion to withhold issuing NTA’s is limited and “should only be exercised in very limited and compelling instances and on a case-by-case basis after considering all USCIS and DHS guidance, DHS’s enforcement priorities, the individual facts presented, and any DHS interests implicated…”

So this will seemingly make maintaining nonimmigrant status a better alternative than simply forgoing extensions of such in favor of applying for and receiving EAD’s (employment authorization documents) which by themselves do not confer status.

We are returning to a time in which interviews in the field offices of USCIS may turn out to be harrowing experiences once again. Questions on whether interviewees may be detained in their visits to the field offices may once again be prominent. Many legacy INS and USCIS officers have not wanted to make on the spot unfavorable decisions in the past for sake of their own safety and fear that physical confrontations might result. On the other hand, the new policy may bring back another past method of handling such situations with the involved officer asking the applicant to wait and calling for officers attached to ICE to come before stating the decision and having them detain the applicant – an enhanced the risk to the applicant if the field office also contained an ICE section.

4. Expedited removal for parole program participants and those under regular removal proceedings. The Trump directive on expedited removal as announced by Caleb Vitello, Acting Dir., ICE, 1/23/25, https://www.dhs.gov/sites/default/files/2025-01/25_0123_er-and-parole-guidance.pdf, is fairly sneaky in directing ICE officers to review and consider in exercising enforcement discretion whether to initiate expedited removal against those who would be subject to it (not in the US for two years) by terminating all regular removal proceedings and/or any active parole status, and look for those whose paroles were automatically ended under Trump’s memorandum [terminating the Cuban Haitian Nicaraguan Venezuelan parole program]. Even for those who have applied for asylum or plan to do so in a timely manner, the directive says that the expedited removal process includes asylum screening, which it says is sufficient to protect the reliance interest of these parties.

5. In an unrelased fast track removal memo circulated at ICE on February 18, the Trump administration is directing ICE officers to identify immigrants who can be rapidly removed from the US without a court hearing through expedited removal. The memo that has been reported by various sources including AILA, targets low hanging fruit, some categories of whom hold some form of status and others (arriving aliens) who may under certain circumstances be eligible for adjustment of status to permanent residence https://www.washingtonpost.com/immigration/2025/02/28/ice-expedited-removal-mass-deportation/; https://english.gijotina.com/ice-memo-details-how-officials-will-try-to-deport-more-than-1-million-migrants-migrants/; Reuters Releases Updated Guidance From ICE on Expedited Removal:

  • Persons previously released by CBP and have not applied for asylum who include paroled arriving aliens, aliens issued a CBP “notice to report” (NTR), and aliens processed for parole with alternative to detention (ATD) or parole with conditions (PWC).
  • Arriving aliens who showed up at a port of entry that CBP determined to be inadmissible and previously released as long as they were inadmissible because of fraud or willful misrepresentation or lack of valid immigration documents. To this category, the memo says that there is no time limit on the ability to process under expedited removal.
  • The memo further states that persons who won withholding of removal (proving fear of persecution or past persecution by satisfying a standard of probable rather than merely well-founded fear of persecution) should be considered for expulsion to another country.
  • Also that immigration officers should rearrest immigrants that they have had to release in the past because they could not deport them since their homelands refused to take them back with the memo saying that the administration has made significant gains in having those countries take them back and also taking into account the potential for third country removals.

Expedited removal as expanded under Mr. Trump targets people who have been here for two years or less in any part of the US. Previous rollback under the Biden administration allowed its use for individuals caught within 100 miles of the border and within two weeks of entry. For those arriving legally through ports of entry lacking immigration documents or having misrepresented themselves/arriving aliens, expedited removal has generally only been used at a time proximate to entry in the author’s understanding and experience although it has been more used against people coming in under visa waiver programs who legally give up their rights to a hearing in writing by entering under a 90 day visa waiver program instead of through visa.

This is just the beginning of President Trump’s four years in office, and the immigrant communities – even those with some form of legal status at present – can expect many more shocks in the future. Everyone other than permanent residents and US citizens should be careful about their immigration statuses, not take unnecessary travel risks, and consult legal counsel before taking any steps that could jeopardize their statuses.