International student visas revoked in 2025 sparked legal challenges. Discover why it happened and how immigration lawyers can respond and stay prepared.
In early 2025, international student visas were revoked across the U.S., thrusting students into legal limbo after Immigration and Customs Enforcement (ICE) abruptly terminated thousands of Student and Exchange Visitor Information System (SEVIS) records. In a matter of weeks, more than 1,800 students from over 280 colleges and universities lost their immigration status—many without notice. The action, spearheaded by the Trump administration under the guise of national security, was swiftly reversed following intense legal pressure and a wave of lawsuits.
Why were international student visas revoked? How were SEVIS terminations carried out? And how can immigration lawyers respond and stay prepared? Amy Maldonado, founder of the Law Office of Amy Maldonado, sat down with James Pittman, Director and Subject Matter Expert for Immigration at Docketwise, to discuss this topic on the podcast Immigration Uncovered.
Below, we’ll share key takeaways, expert analysis, and practical steps to help your practice stay ready for whatever comes next.
In early 2025, ICE began terminating SEVIS records en masse, ultimately affecting more than 1,800 students. The rationale? A variety of reasons were cited including alleged failures to maintain status, contact with law enforcement including citations or arrests for minor offenses, and notably, a rarely invoked section of the Immigration and Nationality Act of 1952—§237(a)(4)(C)—which says that noncitizens are deportable if their activities in the U.S. would have potentially serious adverse foreign policy consequences. However, what was most striking was that the government, in support of the foreign policy-related charge, offered no more than a statement of vague national security concerns without explaining how the students’ actions could have an adverse impact on U.S. foreign policy.
Behind the scenes, the Student and Exchange Visitor Program (SEVP) used an opaque and newly invented “other” SEVIS termination category. This designation, hidden from Designated School Officials (DSOs), allowed ICE to revoke records without institutional checks or proper legal grounds.
According to Amy Maldonado, “They used some kind of algorithm to terminate [SEVIS records] up front…[which] was all done over the course of a couple weeks.”
ICE’s algorithm flagged students by cross-referencing criminal justice and immigration databases. The infractions were minor—parking tickets, dismissed charges, or merely being listed as a witness in a criminal case. This automated process bypassed due process entirely, offering no opportunity for students to respond or appeal.
The fallout from these F-1 visa revocations has led to lawsuits and a wave of emergency court interventions. Over 50 temporary restraining orders (TROs) were filed across 16 federal districts. Judges from both parties questioned the government’s legal authority and ICE’s refusal to comply with court orders.
“They were not obeying the court orders from around the country,” says Maldonado. “It was outrageous.”
At the heart of the legal chaos was a fundamental confusion—even among courts—about what it means for a student to be “in status.” ICE claimed that terminating a SEVIS record did not legally equate to a loss of status, yet students experienced immediate and severe consequences such as visa revocations, halted academic progress, and deportation threats. In one case highlighted by Maldonado in this video clip, a judge presses ICE attorneys on whether the student’s SEVIS termination actually meant he was out of status, and receives no clear answer.
As legal defeats mounted, ICE began reinstating SEVIS records—but inconsistently. Many students still faced unresolved employment interruptions, travel restrictions, and psychological distress.
ICE’s vague statement that SEVIS terminations would be “reconsidered” failed to undo the damage or clarify students’ current legal status, and attorneys warned that a second wave of F-1 visa revocations could follow under more formal rulemaking.
Students were flagged for minor or dismissed legal issues. “We saw people with parking tickets, with a traffic violation,” says Maldonado. “We had one person charged with jaywalking—you know, a terrible crime that makes us all feel unsafe in our homes.” Even students who were merely witnesses in criminal cases lost status.
As Maldonado recounts in this video clip, one affected student—a pregnant teaching assistant—was abruptly stripped of her ability to work, leaving her unable to administer her students’ final exam. The incident not only disrupted the academic continuity for an entire class but also underscored the extreme psychological stress placed on international scholars juggling multiple responsibilities.
Most affected students held F-1 or J-1 visas, with Indian and Chinese nationals in STEM fields disproportionately impacted. In particular, the wave of F-1 visa revocations faced by Indian students highlighted the vulnerability of high-achieving international scholars caught in flawed enforcement systems. Crucially, these students had no immigration violations or criminal convictions.
The abrupt terminations immediately resulted in a loss of work authorization, invalidated visa eligibility, and forced some students to leave the U.S. permanently.
Estimates from NAFSA suggest that 1,500 to 1,800+ SEVIS terminations occurred in early 2025. Some reports speculated the number might exceed 4,000, though not all could be confirmed.
The sheer scale of international student visas revoked under the Trump student visa policy makes this one of the most significant disruptions to legal immigration status in recent U.S. history. Affected institutions spanned 280+ universities and colleges, with the highest concentration in California, Texas, New York, and Michigan. Students in technical and graduate programs were particularly hard hit.
Yes. And that’s exactly what happened.
SEVIS terminations typically require notice to both the student and their DSO. But in this crisis, no prior notification was given, and ICE failed to communicate even after terminations occurred. Students discovered the change only after losing access to classes or employment.
While ICE claimed that SEVIS termination does not automatically end F-1 status, courts and DSOs found this argument legally dubious. Students on OPT or CPT lost work authorization immediately.
Maldonado says there are actionable steps immigration attorneys can take to navigate the aftermath of the international student visa crisis.
Restoring a SEVIS record isn't enough—it must be retroactively reinstated to prevent unauthorized work findings and preserve legal status. “We told the court the SEVIS record has to be reinstated retroactively...otherwise, clients risk being found out of status,” says Maldonado.
Attorneys should track SEVIS activity in real time, preserve copies of client records, and maintain open communication with DSOs to detect early signs of enforcement changes.
ICE has signaled potential new rulemaking. Attorneys must review at-risk cases, update clients, and prepare legal responses should terminations resume.
Most lawsuits cited violations of the Administrative Procedure Act (APA) and constitutional due process. These arguments remain critical if ICE attempts similar actions in the future.
Attorneys are encouraged to join class actions, share evidence, and collaborate with advocacy groups and DSOs. A unified legal front proved essential in forcing ICE’s reversal.
In times of legal uncertainty and sudden policy shifts—like the 2025 wave of F-1 visa revoked cases and green card revoked fears—immigration attorneys need tools that are both powerful and reliable. Docketwise helps you stay organized and responsive by streamlining immigration-related case tracking, automating immigration forms and documentation, and providing robust litigation support for student visa matters and beyond.
Learn more about how Docketwise can help you stay ahead of policy shifts and protect your clients by scheduling a demo today.For a deeper dive into the immigration crackdown on international students, listen to the full podcast episode of Immigration Uncovered. You can also explore critical issues shaping immigration policy on the Docketwise blog, including DHS’s use of AI and birthright citizenship challenges.
Discover essential tips to streamline your legal client intake process, improving efficiency and client satisfaction in your law practice.
Client intake for law firms is the process of gathering information from a potential client and determining whether to represent them. This stage sets the tone for the entire lawyer-client relationship.
A smooth, efficient, and welcoming intake process can make clients feel heard, understood, and confident in the law firm's abilities. Conversely, a disorganized or impersonal intake can leave clients feeling frustrated and doubtful, potentially leading them to seek representation elsewhere.
In this article, we’ll go over effective client intake strategies and equip you with ten actionable tips to help optimize your legal practice and foster valuable client connections.
A streamlined client intake process is a foundation for successful attorney-client relationships. For lawyers, this translates to increased efficiency by reducing administrative burden and freeing up time for billable work.
However, a chaotic or impersonal intake can frustrate clients, leaving them with doubts about the firm’s capability and commitment. Missed steps or slow responses may lead clients to feel ignored, causing them to reconsider their choice of representation altogether. A poorly managed intake also increases the likelihood of overlooking crucial information. This can result in compliance issues or legal missteps down the line.
From the client's perspective, a smooth and welcoming intake experience instills confidence and trust in the firm's professionalism. Clear communication about fees, processes, and potential outcomes helps lawyers manage client expectations from the outset. Overall, more efficient procedures enable quicker responses to inquiries and faster case evaluations.
Client intake consists of a series of stages designed to gather information, assess the case, and ensure alignment between parties.
The client intake process begins when the potential client first contacts the law firm, whether by phone, email, or website form. This initial interaction is an opportunity to gather basic information about the client and their legal issue.
After initial contact, the firm collects more comprehensive information, including personal details, relevant documents, and a full account of the legal matter. This is typically done through questionnaires, interviews, or secure online forms.
A thorough conflict check is conducted to ensure that representing the potential client does not create any ethical or legal conflicts with current or past clients. Lawyers assess the information gathered to evaluate legal options, potential outcomes, and the case’s likelihood of success.
Transparent communication about legal fees is crucial at this stage. The firm explains its fee structure, billing practices, and any additional costs. If both parties agree to move forward, they establish a formal engagement agreement, outlining the scope of representation, responsibilities, and terms of the attorney-client relationship.
The client is then onboarded, which includes setting up communication channels, providing access to client portals, and introducing them to the legal team.
A seamless, efficient, and client-focused intake process not only makes a positive first impression but also sets the stage for a productive legal journey.
Below are 10 expert tips, enriched with insights from industry best practices and competitor analysis, to achieve the best legal intake process possible.
Efficiency and transparency are the cornerstones of a successful intake process. Streamline every step to minimize friction and ensure a smooth journey for your clients. For example, you can add chatbots to your site, or automate email responses to gather information.
To further enhance transparency, develop a client-focused FAQ section that anticipates common questions and empowers clients to find answers quickly.
Technology can streamline your legal intake process—making it more efficient, convenient, and client-friendly. For instance, seek software solutions that provide online intake forms with conditional logic that can be implemented to gather necessary information quickly and efficiently—adapting to client responses in real-time.
In addition, the best client intake software integrates automated scheduling tools that sync with your team's calendars—eliminating the need for time-consuming back-and-forth emails with prospects. Also, choose technology that integrates seamlessly with your existing practice management software to streamline workflows and create a centralized hub for client data.
Furthermore, solutions, like Docketwise, offer e-signatures for documents to expedite the onboarding process and reduce paper waste—enhancing convenience for both you and your clients. Finally, ensure your online forms and communication tools are optimized for mobile devices to cater to clients who access information on their smartphones.
Tailor your legal intake process to your client's specific needs and circumstances to show them that you value their individuality.
For example, you can craft personalized welcome packets that outline your firm's policies, procedures, and client expectations, creating a sense of exclusivity and care. Use visual aids like charts, diagrams, or videos to explain complex legal processes or fee structures in a clear and accessible manner—ensuring clients feel informed and empowered.
To make the process more efficient, segment clients based on their referral source and tailor your communication strategy accordingly. For instance, you can provide clients with relevant articles, blog posts, or videos related to their legal issues, demonstrating your expertise and commitment to their case.
The intake process is an opportunity to build rapport and establish a foundation of trust. Go beyond simply gathering data and focus on creating genuine connections with your clients. Practice active listening, empathy, and a genuine concern for their situation. Encourage your team to utilize active listening techniques, such as paraphrasing and summarizing, to ensure they fully understand the client's perspective.
Also create a welcoming and comfortable environment, whether virtual or in-person, that fosters open communication and encourages clients to feel heard and understood. Implement client feedback mechanisms and follow up with personalized thank-you notes to show appreciation and reinforce your commitment.
Maintain open and consistent communication throughout the intake process to build client trust and manage expectations. Respond promptly to inquiries, provide regular updates, even if there are no significant developments in their case, and utilize automated reminders to keep clients informed about upcoming appointments or deadlines.
You can also offer access to a client portal for easy, secure exchanges of case documents and communication with the legal team.
Design your intake process with the client at the center, prioritizing their needs and convenience. Offer multiple options for providing information—online, via email, or in-person—to cater to their preferences and circumstances.
Provide clear instructions and readily available support resources to empower clients and guide them through the process, ensuring they feel comfortable and informed every step of the way. Also, it offers flexible appointment scheduling options to accommodate clients' busy schedules.
Handle all client information with the utmost care and comply with all data privacy regulations. Utilize secure online forms and implement strict data security protocols to prevent unauthorized access or breaches. Educate your team on data privacy best practices to ensure compliance, maintain client trust, safeguard sensitive information, and uphold ethical standards.
Clearly communicate how client data will be used and obtain their explicit consent before collecting or sharing any information. Also regularly review and update security protocols to ensure ongoing protection.
Your team is the face of your firm, and their interactions with clients shape the overall experience. Invest in comprehensive training for all staff involved in the intake process—ensuring they understand the importance of professionalism, empathy, and efficiency in providing a positive client experience.
Provide ongoing training and support to keep them updated on best practices and address any challenges they may face, fostering a culture of continuous learning and development. Your firm can even create a client service charter and recognize and reward staff members who consistently provide outstanding client service.
Continuously seek feedback from clients and staff to identify areas for improvement in your intake process. Implement client satisfaction surveys to gather valuable insights into their experience and identify areas where you can enhance their journey. Also conduct regular internal reviews with your team to brainstorm solutions and implement changes that enhance efficiency and client satisfaction—fostering a culture of continuous improvement and client-centricity. Finally, regularly benchmark your intake process against industry best practices and embrace innovation to stay ahead of the curve.
Strive to exceed client expectations at every step of the intake process. Offer proactive support, anticipate their needs, and provide personalized attention to foster a sense of value and care. By going above and beyond, you not only create a positive first impression but also lay the foundation for a strong, lasting, and mutually beneficial attorney-client relationship—setting your firm apart as a leader in client service and satisfaction. Also consider offering pro bono services to demonstrate your commitment to the community and develop a client appreciation program to foster loyalty.
Efficient client intake is crucial for immigration law firms. Attorneys need to gather specific information about a client's immigration history, family ties, and employment background to determine the best path to legal residency. This includes details about past applications, current status, deportation history, and criminal records. Family information is also key, encompassing marital status, spouse and children's details (including their immigration status), and any relatives who are U.S. citizens or green card holders. Additionally, employment history, skills, and education are relevant factors.
Multilingual intake forms and software are essential to ensure clear communication and accessibility for clients from diverse backgrounds.
Specialized immigration law software can help streamline this process by automating data collection, customizing forms, and centralizing client files. This reduces errors, saves time, and allows attorneys to focus on providing the best legal counsel.
An efficient intake service for law firms ensures that potential clients receive timely and professional responses.
Docketwise is a comprehensive case management software designed specifically for immigration lawyers. It simplifies and automates many of the tedious tasks associated with client intake—freeing up attorneys to focus on providing high-quality legal counsel.
Here's how Docketwise helps create customized intakes for attorneys in the immigration field:
Take the word from those who have seen incredible benefits. As Immigration Attorney Hiedy Marcus said: “It makes me more efficient and I am working smarter, not harder.” Ready to transform your client intake process?
Schedule a demo today and discover how Docketwise can improve your immigration law firm processes.
Understand the key differences between H-1B consular processing and change of status—helping you make informed decisions for your immigration case.
The H-1B visa program is one of the most popular nonimmigrant visa categories in the United States. It allows U.S. businesses to hire foreign workers in specialty occupations that require theoretical or technical expertise.
In this article, we’ll discuss all the subtle differences between these two processes to help employers and employees make informed decisions.
Specifically designed to bridge the gap in specialized fields where domestic talent may be scarce, the H-1B visa allows companies to hire foreign workers with the necessary expertise to drive innovation and growth.
These roles, classified as "specialty occupations," typically require a bachelor's degree or higher, and encompass a wide range of fields, from technology and engineering to advanced healthcare and finance.
To obtain an H-1B visa, foreign nationals can pursue two main avenues:
H-1B consular processing allows applicants to initiate the process from their home country and arrive in the U.S. fully authorized to commence work. Moreover, this pathway grants significant travel freedom. Once the H-1B visa is stamped in the passport, individuals can seamlessly travel in and out of the U.S. throughout the visa's validity, eliminating the need for repeated visa applications.
Another key advantage is the control it affords over the employment start date. Beneficiaries can strategically align their visa application and travel plans with their intended start date. This process helps them transition into their new professional roles and meet any commitments or deadlines tied to their employment. Lastly, the visa stamp itself serves as tangible proof of H-1B status—proving useful when interacting with authorities or traveling within the U.S.
While offering numerous benefits, consular processing also presents certain challenges. Applicants must travel to a U.S. embassy or consulate in their home country for a mandatory visa interview. This process can entail significant financial costs and time commitments.
The visa interview itself also carries the inherent risk of denial if the consular officer harbors concerns regarding the applicant's qualifications, the legitimacy of the job offer, or other pertinent factors. Compared to the change of status process, consular processing generally involves a more complex procedure with additional steps, which can prove challenging for those unfamiliar with U.S. immigration procedures. It also often necessitates the guidance of an experienced immigration attorney.
Consular processing and change of status cater to distinct applicant circumstances and needs. Consular processing is typically required for those residing outside the U.S. or those within the U.S. who require a visa stamp to legally work. In contrast, a change of status is designed for individuals already present in the U.S. on a visa that permits a transition to H-1B status.
A key distinction lies in the necessity of a visa stamp, which is mandatory for consular processing but not required for a change of status. Furthemore, while consular processing allows for travel flexibility during the application process, change of status generally restricts international travel—as departing the U.S. may be considered an abandonment of the application.
Processing times also vary, with consular processing potentially taking longer due to visa interview scheduling and possible consular delays. On the other hand, a change of status, though generally faster, can be subject to the United States Citizenship and Immigration Services (USCIS) processing backlogs.
Lastly, consular processing involves a visa interview at a U.S. consulate, while a change of status is adjudicated by USCIS within the U.S. without an interview.
All in all, for those eligible for a change of status, consular processing may be the more strategic choice in certain situations. It's essential when the applicant resides outside the U.S. or requires the ability to travel internationally during the H-1B process or after visa approval. Additionally, some individuals may simply prefer the tangible assurance of a visa stamp in their passport as concrete evidence of their H-1B status.
Furthermore, if the U.S. consulate demonstrates faster processing times compared to USCIS for change of status applications, consular processing can expedite the overall timeline.
First, the employer and their immigration lawyer will need to work together to file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS. A successful petition requires gathering the necessary documentation and ensuring all requirements are met. Key tasks include:
The lawyer also anticipates potential Requests for Evidence (RFEs) and advises the employer on strategies to reduce the likelihood of delays or denials.
If USCIS determines that the petition meets all requirements and the foreign national is eligible for the H-1B visa, they will receive H-1 B consular notification. The employer will receive an approval notice (Form I-797), serving as official documentation of the approval. USCIS will also electronically notify the designated U.S. consulate or embassy about the approval.
Once the petition is approved, the foreign national can begin the visa application process by completing the online DS-160, Nonimmigrant Visa Electronic Application. This form gathers comprehensive information about the applicant, including personal details, travel plans, education and work history, and security-related questions. Accuracy and consistency with the information provided in the H-1B petition are crucial when completing the DS-160.
With the DS-160 completed, the next step is to schedule an interview at the designated U.S. consulate or embassy. This typically involves creating an online profile with the consulate, paying the visa application fee, and selecting an available interview appointment. Visa interview wait times can vary significantly, so it's essential to schedule the interview well in advance of the intended employment start date.
The visa interview is a critical step where the consular officer assesses the applicant's qualifications, the legitimacy of the job offer, and other factors to determine whether to issue the visa. Thorough preparation is essential, and applicants should be ready to discuss the details of the job offer, their qualifications, and their reasons for wanting to work in the U.S. Familiarizing themselves with common visa interview questions and practicing their responses can significantly boost their confidence.
Essential documents for the interview include a valid passport, the DS-160 confirmation page, the I-797 Approval Notice, the visa application fee payment receipt, photographs meeting consular requirements, and supporting documents like a resume/CV, degrees, transcripts, and letters of experience.
If the visa interview is successful, the visa will be stamped in the applicant's passport. The H-1B visa typically allows the individual to enter the U.S. up to ten days before the employment start date listed on the I-797 approval notice.
Upon arrival in the U.S., the applicant will undergo inspection at a port of entry, where the Customs and Border Protection officer will confirm admissibility. Lawyers can assist by ensuring the applicant has relevant documentation, including the I-797 notice and offer letter, readily available for inspection.
Consular processing is generally required for individuals who are not currently in the U.S. and in a position that allows for a change of status to H-1B. This includes individuals residing outside the U.S., those in the U.S. on a visa that does not permit a change of status to H-1B (e.g., a B-2 tourist visa), and individuals whose previous change of status applications have been denied.
While the specific documents required can vary slightly by the consulate, the essential documents typically include those listed in the "Visa Interview" section. It's crucial to consult the website of the specific U.S. consulate where the interview will take place to confirm the exact document requirements.
Efficient and effective case management is crucial for the success of the H-1B consular processing. As a lawyer, you can follow these strategies to ensure success.
Utilize technology to automate tasks and streamline your workflow:
Implement a secure client portal to facilitate effortless document collection. Clients can easily upload essential documents, such as resumes, transcripts, and financial records—ensuring everything is readily accessible in a centralized and secure location.
Integrating this with an automated case-tracking system further enhances efficiency by automatically logging received documents and tracking deadlines.
Equip your clients with a comprehensive checklist of required documents and explain the purpose and relevance of each. Conduct mock interviews to familiarize them with the format and anticipate potential questions. Also, help them articulate clear and concise responses that highlight their qualifications and align with the H-1B petition.
Maintain transparent and consistent communication with clients throughout the H-1B process. Provide regular updates on case progress, promptly address inquiries, and proactively manage expectations. Clearly explain the stages of consular processing, potential timelines, and possible outcomes.
Docketwise is a legal case management software designed specifically for immigration lawyers. It helps streamline the entire H-1B application process, including consular processing. Here's how it can help you:
With Docketwise, you can eliminate manual work, reduce errors, and free up time to focus on providing exceptional service to your clients. Experience greater efficiency and achieve consistently successful outcomes in your H-1B consular processing cases. Schedule a demo today and start working better and faster.
Stay updated on TPS Haiti, including the 2025 extension, eligibility, processing times, and tips for immigration lawyers supporting Haitian clients.
Temporary Protected Status (TPS) is a temporary immigration status that grants some Haitians protection from deportation and the ability to obtain a work permit.
For Haitians, TPS has been particularly important due to the ongoing political turmoil, rampant gang violence, and devastating humanitarian crisis that continues to grip the island nation.
In a significant development for the TPS Haiti program, the Biden administration announced an 18-month extension and redesignation of TPS for Haiti in June 2024.
This extension, running through February 3, 2026, offers continued protection for existing beneficiaries and opens a window for new applicants who meet specific eligibility criteria. In this article, we will briefly discuss the background of Haiti's political and humanitarian crisis, elaborate on the TPS extension, and provide an overview of the TPS eligibility and application process.
The decision to extend and redesignate TPS for Haiti reflects urgent concerns surrounding ongoing turmoil in the country. Haiti remains locked in severe political instability, fueled by persistent government corruption and a weak rule of law—conditions which have left the nation vulnerable to unrest and pervasive violence. This instability has worsened since the assassination of President Jovenel Moïse in July 2021. Since this event has yet to be resolved, it’s left a significant power vacuum and heightened the country’s security crisis. This environment has further fueled gang violence, frequent kidnappings, and widespread insecurity, making basic movement perilous for ordinary citizens.
In addition to internal instability, U.S. federal court decisions have shaped TPS considerations for Haitians. The Ramos v. Nielsen and Saget v. Trump cases addressed challenges to the federal government’s TPS policies—with the former directly impacting Haitians by halting a planned termination of TPS. The rulings reinforced the necessity of TPS as a safeguard for individuals from countries facing extraordinary and temporary conditions. Furthermore, a district court injunction blocked efforts to end TPS in multiple countries, including Haiti, underscoring the need for protection due to unsafe conditions.
Adding to these challenges, a dire humanitarian situation, exacerbated by natural disasters and economic hardship, has left millions in desperate need of basic necessities like food, water, and healthcare. Poverty is widespread, and economic opportunities are scarce—further contributing to the instability and hindering recovery efforts. These interconnected challenges make it unsafe for many Haitians to return home—highlighting the need for extending TPS protections.
The Department of Homeland Security (DHS), under Secretary Alejandro Mayorkas, announced the extension and redesignation of TPS for Haiti on June 28, 2024. This decision was made to recognize the severe and persistent conditions in Haiti that prevent the safe return of Haitian nationals.
The extension and redesignation provide continued protection for current TPS beneficiaries and also offer an opportunity for new applicants to gain TPS status. The recent extension grants an additional 18 months of TPS for Haiti, extending the designation until February 3, 2026. As things stand, current beneficiaries must have re-registered during the 60-day window, from July 1, 2024, to August 30, 2024. The re-registration period allows the United States Citizenship and Immigration Services (USCIS) to update records and ensure that beneficiaries still meet the eligibility requirements.
To qualify for TPS under this extension and redesignation, individuals must meet specific criteria:
To apply for or renew TPS Haiti, individuals must submit a complete application package to USCIS. This package should include Form I-821 (the application that establishes the applicant's eligibility for TPS) and Form I-765 (which is necessary for those seeking employment authorization). Along with these immigration forms, applicants are required to provide supporting documentation that proves their nationality, continuous residence in the U.S., and physical presence. Commonly accepted documents include passports, entry stamps, utility bills, lease agreements, and employment or school records.
Applicants may also need to attend a biometrics appointment at a USCIS Application Support Center (ASC) for identity verification. It's essential to advise clients that TPS Haiti processing times can fluctuate due to the volume of applications and the complexity of individual cases. Thus, submitting applications as early as possible within the designated registration period is advisable to minimize the risk of delays.
Notably, recent updates indicate that countries like Haiti and Sudan have been newly designated for TPS—providing fresh opportunities for clients who may have missed previous application windows. This development is particularly important for individuals affected by ongoing litigation surrounding earlier TPS designations, as these new designations offer a more secure path for obtaining TPS.
Immigration attorneys should ensure that their clients understand the importance of timely applications and stay updated on any changes in eligibility criteria or processing timelines.
The election of President Donald Trump has introduced uncertainty regarding the future of Haitian TPS. During his campaign, President Trump expressed intentions to terminate TPS for Haitian nationals and initiate deportations. In October 2024, he stated, "Absolutely I’d revoke it and I’d bring them back to their country," specifically referring to Haitian migrants in Springfield, Ohio.
These statements have caused concern among Haitian communities in the U.S., leading to instances where Haitian migrants have left areas like Springfield due to fears of deportation.
While the DHS has extended TPS for Haiti until February 2026, the program's continuation is subject to the administration's policies. The President has the authority to terminate TPS designations, which could affect the legal status of Haitian nationals currently under the program.
The TPS extension presents both opportunities and challenges for immigration lawyers. It requires them to be proactive in assisting Haitian clients and staying informed about the latest developments. Lawyers also need to carefully assess each client's situation to confirm they meet the continuous residence and physical presence requirements—which may involve reviewing passports, entry stamps, and other relevant documentation.
They must also guide clients in compiling a complete application package (including Form I-821 and Form I-765) and supporting evidence such as copies of passports and visas, proof of residence like utility bills and lease agreements, and evidence of continuous physical presence (which could include school or employment records).
For new tips on Haiti TPS policies, lawyers need to stay informed and monitor any changes to processing times, procedures, or eligibility requirements by regularly checking the USCIS website and subscribing to relevant alerts.
Resources such as the Department of Homeland Security website, USCIS website, and the Docketwise blog provide essential updates and insights on TPS policies and procedures.
While USCIS strives to process applications efficiently, it’s experiencing delays across various categories, including TPS. Unfortunately, there's no precise timeframe for Haitian TPS applications. Attorneys should prepare clients for the possibility of extended processing times, which can vary based on individual circumstances and USCIS workloads.
Here's a breakdown of current fees for TPS Haiti applications (fees are subject to change so always check for the latest data on USCIS):
With constant legal changes, immigration lawyers need robust case management processes to stay agile, ensure accuracy, and provide timely support to their clients.
Docketwise offers valuable tools for attorneys seeking to efficiently manage their Haitian TPS cases, including USCIS case tracking, immigration form automation, and client relationship management tools. Docketwise helps ensure that deadlines are met and clients receive comprehensive support.
Interested in learning more? Schedule a demo to start streamlining your immigration practice.
Learn about form I-129 strategies, tips, and processing timelines. Streamline immigration form filling with Docketwise.
Form I-129 is one of the most important documents needed for the nonimmigrant U.S. visa application process and is used for a wide range of visa categories. This form, filed by employers with the United States Citizenship and Immigration Services (USCIS), is a key step in securing temporary work visas for their foreign employees.
In this article, we’ll provide guidance on how immigration lawyers can work with employers to complete Form I-129 and go over the necessary steps to ensure successful visa applications.
What is I-129? In a nutshell, Form I-129, known as a "Petition for a Nonimmigrant Worker," enables U.S. employers to hire global talent legally on a temporary work visa. The form aims to offer benefits to both employers and potential individuals seeking better career opportunities.
In the form, the employer provides information about themselves, the intended employment, and the details concerning the foreign worker.
Bear in mind that if the employee is already in the U.S. under a certain status, the lawyer can work with the employee to adjust or extend their status to meet the specific visa category the employer requests.
Now, let’s take a look at which visa categories Form I-129 covers.
*Small employers and non-profits qualify for a reduced fee of $300 or are exempt, respectively.
Use this checklist below to ensure consistency when helping employers complete Form I-129.
Immigration law and USCIS procedures are subject to change, so it's essential to begin the process with the most current information. Start by visiting the official USCIS website and locate the section dedicated to Form I-129, Petition for a Nonimmigrant Worker. Then, look for any recent announcements, news releases, or changes to the form's instructions that might be relevant to your petition. Pay close attention to the edition date on the form itself, as using an outdated version can cause delays. Also carefully review the filing requirements to understand the eligibility criteria, required supporting documents, and any specific procedures related to the nonimmigrant visa category you are applying for.
If you are filing a petition for an H-1B visa for a specialty occupation, you'll need to take an important preliminary step. The Labor Condition Application (LCA) is a document employers must submit to the Department of Labor (DOL) to demonstrate that hiring a foreign worker will not negatively affect the wages and working conditions of U.S. workers. This is done electronically through the DOL's online iCERT system. The LCA requires detailed information about the offered position, including the wage, job duties, location, and the prevailing wage for that occupation in the area of intended employment. Once the DOL certifies the LCA, you will receive a certified LCA, which is a key supporting document for your H-1B petition.
Collect comprehensive information about the employer (petitioner) and the foreign national employee (beneficiary). This includes details about their respective backgrounds, contact information, and the specifics of the proposed employment. Also confirm the desired nonimmigrant visa category (H-1B, L-1, O-1, etc.) and gather all relevant details about the job offer, such as the job title, duties, salary, location, and duration of employment.
Accuracy is critical when completing Form I-129. Download the latest version from the USCIS website and meticulously complete each section, referring to the instructions frequently.
Ensure all required fields are filled out correctly and that you provide detailed and accurate information about both the employer (the petitioner) and the foreign national employee (the beneficiary). This includes basic identifying information for both parties, such as names, addresses, and contact details. You'll also need to provide information about the employer's legal status and history, as well as the employee's qualifications and prior immigration history, if applicable. The form also requires specific details about the offered position, including job duties, required qualifications, salary, and work location.
Finally, be sure to complete any sections or supplements that are specific to the visa category you are applying for. By providing complete and correct information, you can help ensure a smooth and efficient adjudication process.
Always refer to the USCIS website for the most current fee schedule to ensure accuracy and avoid unnecessary delays in processing. In general, you will need to include fees for Form I-129 itself, a fraud prevention fee, and (in the case of H-1B petitions) an American Competitiveness and Workforce Improvement Act (ACWIA) fee that is used to support training for U.S. workers. Remember that your client has the option to request premium processing, which requires an additional fee but can significantly reduce the processing time. Fees are typically paid by check or money order and made payable to the U.S. Department of Homeland Security.
After meticulously completing Form I-129 (gathering all necessary supporting documentation and preparing the correct filing fees), you are ready to assemble the petition package for your client. When organizing the documents, adhere to the following recommended order:
When submitting Form I-129, the required supporting documentation will vary based on the type of work visa you are applying for.
Below are some common supporting documents and evidence that are needed:
Since the required documentation depends on the specific visa category, it's necessary to review the USCIS checklist for the appropriate visa type before submitting Form I-129.
Immigration lawyers need to inform clients of all the essential details for form I-129 by outlining the latest information on processing times, filming locations, and tracking options. Clear guidance on these steps can help clients understand what to expect and avoid common filing errors.
Different visa categories (e.g., H-1B, H-2A, L-1) have varying processing times. Cases with additional documents or unusual circumstances will require more time. Additionally, processing times can differ between different service centers.
On average, applicants can expect processing times to range from weeks to months.
To check the status of the Form I-129 petition online, use the USCIS case status online tool. You'll need the 13-character receipt number to track the case.
Note: If the case is eligible, you can expedite the processing by paying an additional fee for premium processing.
The Texas Service Center originally processed all I-129 petitions except for those related to H-1B and H-1B1 (HSC) visas. If you're submitting Form I-129, either by itself or with Form I-907, you can file it online.
This means that as of April 1, 2024 the USCIS Texas Service Center is no longer a designated Form I-129 filing address for the H-1B visa category as they no longer accept petitions that are not submitted online or sent to the USCIS lockbox. There is no grace period for this change. Any Form I-129 under the H-1B category received at a service center after April 1, 2024, will be rejected.
For filing online, follow this link: https://www.uscis.gov/file-online.
Once everything is in order, the USCIS will send all correspondence, including the I-797 approval notice, to the address provided on Form G-28. This means the lawyer will receive the I-129 approval notice at their office address.
2024 was the year when the USCIS updated the whole process. Now we can expect a streamlined and more efficient process for filing Form I-129 thanks to the mandatory online filing system.
New fees (outlined above) and a revised Form I-129 edition (04/01/24) are also in place—requiring accurate fee calculation and use of the updated form.
Below are tips that will help you complete I-129 Forms correctly, avoid mistakes, and achieve outstanding outcomes for you and your clients.
Instead of typing everything by hand, use software to fill out Form I-129. This can save you a lot of time and reduce errors. Some software can even pull information from other documents, like your client's passport or employment contract, to fill in the form automatically. This helps ensure accuracy and saves you from retyping information. Docketwise’s Immigration Forms feature helps immigration lawyers save time by automatically filling out immigration forms with client information.
Once you submit the form, it's important to keep track of its status via the USCIS website. This will help you actively monitor if there are any issues or if the processing is taking longer than expected. Some software, like Docketwise, can automatically track your cases for you and send you updates, so you don't have to constantly check the website.
Immigration rules and procedures are always changing. Make sure you have the latest USCIS information on visa categories, fees, and required documents. This will help you avoid mistakes and ensure your applications are processed smoothly.
Before you submit anything, double-check that your client meets all the requirements for the specific visa they are applying for. Each visa category has different rules about education, work experience, and other qualifications. If your client doesn't meet these requirements, their application could be delayed or denied.
Explain the process to your clients in a way they can understand. Make sure they know what documents they need to provide, what to expect during the process, and how long it might take. This will help them feel more comfortable and confident.
Docketwise’s immigration forms software streamlines the Form I-129 submission process, saving time and reducing errors. With Docketwise’s automation, client information is seamlessly inserted directly into the I-129 forms—eliminating manual data entry and ensuring greater accuracy.
In addition, Docketwise helps ensure that deadlines are met and cases stay on track with a calendar that shows important dates, like when to file forms.
Schedule a demo today and experience how Docketwise can help your immigration firm spend less time on paperwork and more time ensuring the best client service.
Explore how Trump’s election win may impact green card policies, H-1B programs, immigration policy, and more.
On November 5, 2024, Donald Trump was elected as the 47th President of the United States. Following his victory, notably by significant margins in both the electoral college and the popular vote, some experts predict seismic shifts in U.S. immigration policy, to include action not only on illegal immigration but on legal immigration benefits including green cards and visas such as the H-1B.
In this article we will go over some of the potential changes, focusing on immediate actions, medium-term developments, and long-term objectives of the Trump administration.
Upon assuming office, President Trump may take a number of executive actions that could reshape portions of immigration policy immediately. These actions may include terminating discretionary programs such as Temporary Protected Status (TPS), Deferred Action for Childhood Arrivals (DACA), and the Biden administration’s Parole-in-Place (PIP) expansion, which would directly impact immigrants currently relying on these protections. Trump may also consider reinstating policies from his prior term, such as the "Remain in Mexico" policy, which would require asylum seekers to wait outside the U.S. while their cases are processed, a policy seen during his first term, which the Biden administration sought to reverse but was blocked by the courts from discarding.
Additionally, enhanced border enforcement measures, including the controversial family separation policy for those crossing illegally seen during the first Trump administration, could return as a deterrent against unauthorized immigration. Immigration and Customs Enforcement (ICE) is also likely to implement stricter enforcement actions in the interior of the country, including worksite raids, aimed at deporting those with existing removal orders and placing many thousands more in removal proceedings, potentially leading to a significant rise in deportations. Trump has already announced that Thomas Homan, a former head of ICE who has a hard-line reputation, will be the new border control czar and plan the overall execution of the promised mass deportation program. Another area to watch is increasing federal pressure on local law enforcement to hold any person arrested (for any reason) who is found to be unlawfully present, with a detainer to allow for transfer to ICE custody after their processing through the criminal justice system is concluded.
Trump’s presidency will likely have a mid-and long-term impact on immigration. His administration's approach is expected to increase enforcement overall and push for lower levels of all types of immigration, including reductions in many green card categories and potentially nonimmigrant visas such as the H-1B. One proposal that has previously been put forward but hadn’t yet gained serious traction and could be resurrected again would be an overall revamping of the immigration system towards a merit-based system, reflecting a substantial departure from current family-based immigration priorities that emphasize family unity as a key value.
In the mid-term, Trump’s administration may intensify efforts to enforce removal orders for individuals already within the U.S. but with existing deportation orders. There are estimated to be hundreds of thousands, if not just over a million, of such individuals. This approach could involve targeted “roundups” aimed at identifying and processing these individuals, likely increasing the visibility of deportation efforts nationwide. Alongside these efforts, Trump has signaled plans for a massive expansion of the entire deportation infrastructure. This could entail hiring additional immigration judges, expanding detention facilities, potentially building specialized detention camps, and increasing the workforce of ICE agents and trial attorneys. Together, these actions would enhance the federal capacity to process immigration violations. Practical considerations including a projected very high cost of such as expansion, political fallout, and court challenges, may hinder such an ambitious effort.
Enforcement on the employer side may also see a substantial rise, with increased raids expected across industries relying on immigrant labor. Such measures could heighten compliance requirements for businesses, leading to stricter enforcement protocols and potentially significant operational costs for non-compliance. On a state level, Trump’s administration may also encourage or support states in enacting their own immigration enforcement initiatives. This could include enabling state police to participate in immigration enforcement or promoting legislation that authorizes state actions targeting those unlawfully present. ICE will seek to place immigration detainers on any person without legal status who is apprehended by local or state law enforcement in the course of their ordinary police work. This will lead to some conflict insofar as a number of cities, including major cities, have refused to allow their police to hold noncitizens for transfer to ICE custody, at least in many situations. In the past, this has led to a political standoff with the first Trump administration, through Jeff Sessions as the then-Attorney General threatened to withhold federal grants to local police departments that refused to cooperate with ICE.
Further administrative shifts may involve the U.S. Citizenship and Immigration Services (USCIS) issuing an increased number of RFEs across various case types. This would likely complicate the adjudication process, slowing down case resolutions and adding administrative burdens on applicants and attorneys alike. Also, a renewed emphasis on the public charge ground of inadmissibility, including a possible return of the Form I-944 Declaration of Self-Sufficiency or a similar form, is a distinct possibility.
Over the long term, Trump’s administration has indicated intentions to reduce overall immigration levels, including family-based and employment-based categories. This could involve the phasing out of the Diversity Visa Program (the so-called “green card lottery”), a steep reduction in visa numbers for certain family-based immigration categories, and the elimination altogether of other categories, such as those for siblings, parents, and adult children of U.S. citizens. Such measures would fundamentally shift U.S. immigration priorities by focusing less on family reunification and more on economic or skill-based entry criteria.
Efforts to establish a merit-based immigration system, which would require passage of comprehensive legislation through Congress (possible if Republicans in both chambers), could further transform U.S. immigration policy. This would prioritize applicants based on skills, qualifications, and industry needs over familial connections, potentially decreasing the overall number of family-based admissions. The “merit-based” approach, a long-time goal for Trump, aims to align immigration more closely with workforce demands and the economic needs of specific industries, potentially reshaping the demographic makeup of future immigrants to the U.S.
The Trump H-1B policies are expected to bring in stricter regulations for H-1B visa holders. This may include increased scrutiny during the application process, higher wage requirements, imposition of the requirement to make a showing that they are not a public charge, and more rigorous enforcement of compliance measures on the part of both employers and employees alike. Such changes aim to prioritize American workers and reduce perceived abuses of the H-1B program.
While specific changes to the numerical caps have not been announced, as such would require passing legislation and the new Congress is not yet seated, the incoming administration’s focus on tightening eligibility criteria and increasing compliance measures could effectively reduce the number of H-1B visas issued. By imposing higher standards and stricter enforcement, the overall pool of eligible applicants may decrease, leading to fewer visas granted.
In addition to that, the tech industry, which heavily relies on H-1B visa holders for specialized talent, may face challenges in filling critical positions. Stricter visa policies could lead to talent shortages, potentially slowing innovation and growth. Companies may need to invest more in domestic talent development or consider relocating operations to countries with more favorable immigration policies, which ironically would be detrimental to the U.S. workers the new administration wants to protect.
The administration may seek to reduce family-based immigration by limiting eligibility to immediate family members, such as spouses and minor children while phasing out categories for extended family members like siblings and parents of U.S. citizens. This shift aims to prioritize merit-based immigration over family reunification.
Employment-based green card policies may also undergo changes, with a potential emphasis on attracting highly skilled individuals in specific industries. The administration could implement a points-based system that evaluates applicants based on education, work experience, and other factors, potentially altering the current allocation and number of employment-based green cards issued.
During Trump’s first administration, he sought to limit the ability of nationals from certain countries to participate in the Diversity Visa Program and announced his desire to end the program entirely. We can expect to see a return of debate on this issue as well.
Certain countries, such as India, which is a significant source of H-1B visa holders, may experience diplomatic tensions due to stricter U.S. visa policies. Reduced visa approvals could impact the Indian IT sector and professionals seeking opportunities in the U.S., potentially leading to negotiations or policy adjustments between the two nations.
There is also the distinct possibility of a return of executive order like the Muslim ban, seeking to broadly deny admission to nationals of certain countries deemed unfriendly to American interests by the new administration, which was the subject of three separate executive actions beginning in 2017 followed by much litigation.
All in all, the Trump green card policies could have nations seeking to negotiate more favorable terms for their citizens or adjust their own immigration policies in response, potentially leading to shifts in international relations and migration patterns.
As immigration policies under Trump evolve, individuals and businesses are likely to seek legal assistance to navigate the complex landscape. Immigration lawyers may experience increased caseloads, particularly concerning visa applications, compliance issues, responses to Requests for Evidence (RFEs), and enforcement actions like institution of removal proceedings and execution of existing removal orders for many individuals.
In addition to that, legal professionals will need to stay informed about new policies and regulations to effectively advise clients. Continuous education and adaptation to policy changes will be essential to provide accurate and timely guidance.
New immigration policies from the Trump administration will necessitate that lawyers have to expand their skills, such as proficiency in immigration compliance, policy analysis, and strategic planning. Utilizing advanced case management software and immigration workflow automation tools can help legal professionals manage increased workloads efficiently, allowing them to focus on providing high-quality legal services amidst changing policies.
In times of significant policy shifts, Docketwise stands as a critical tool for immigration lawyers, helping them manage the complexities of a changing immigration landscape. With case tracking, form automation, customizable reporting, customizable workflows, and other practice management features, Docketwise enables attorneys to streamline their processes and deliver reliable service despite increased caseloads and regulatory demands.
Docketwise’s case tracking system allows lawyers to follow every detail of a case from start to finish, ensuring no deadline or document is missed. This organized approach is invaluable as lawyers navigate frequent policy updates and rising demands. Additionally, Docketwise’s immigration forms automation saves time and minimizes errors by auto-populating client data into commonly used forms, allowing lawyers to focus on strategic casework rather than repetitive paperwork.
Supporting the full scope of practice management, Docketwise also helps with client intake, scheduling, billing, and document storage, creating an all-in-one solution that enhances both efficiency and accuracy. As immigration lawyers face shifting policies and heightened client needs, Docketwise provides the resources to keep their practices organized, their cases on track, and their clients well-supported through every stage of the legal process.
Schedule a free demo to boost your law firm efficiency today.
Get your H-1B visa process organized with this comprehensive checklist. The overview includes details on Dropbox, filing requirements, stamping, and more.
The H-1B visa helps U.S. employers hire skilled foreign workers for specialized roles in fields like technology, engineering, and healthcare. This visa program allows businesses to bring in professionals with expertise that may not be readily available domestically—aiding growth and innovation. The key to a successful H-1B application involves developing an organized system and having all the correct documents in place.
In this complete checklist, learn how your firm can avoid mistakes, delays, or rejections—ensuring a smooth process from the petition stage to visa stamping.
To qualify for an H-1B visa, the job must require specialized knowledge and typically a bachelor’s degree or higher in fields like tech, engineering, or healthcare. The employer must also maintain control over the worker’s duties, including hiring, firing, and supervision.
The offered salary must also meet the prevailing wage for the job location to ensure fair compensation. Some candidates, like students on certain visas or individuals with immigration violations, may not be eligible for an H-1B visa, so it’s important to verify eligibility early on.
Each year, the H-1B visa is subject to a cap of 65,000 visas, with an additional 20,000 reserved for applicants with a U.S. master’s degree or higher (the master's cap). Certain employers, like universities, are cap-exempt and not limited by this annual number.
Due to high demand, the United States Citizenship and Immigration Services (USCIS) runs a lottery system. Employers register potential candidates in March, and if selected, they can file a complete H-1B petition. Once selected, employers have 90 days to submit Form I-129 and supporting documents. Staying organized and timely is essential to avoid missing this deadline and losing the chance to apply for that year.
A successful H-1B application requires specific documents from both the employer and the foreign worker to ensure compliance with the visa requirements.
To support the H-1B petition, the employer must provide essential documentation demonstrating compliance with legal requirements and the legitimacy of the business. Below is a list of the key documents employers must submit:
Foreign workers applying for H-1B status must provide documents verifying their identity, qualifications, and legal status. These documents ensure that the worker meets the requirements of the offered position and that they are eligible for H-1B sponsorship. The following are the necessary documents foreign workers must submit:
After USCIS approves the H-1B petition (Form I-129), the applicant will need to complete the H-1B visa stamping process at a U.S. embassy or consulate outside the U.S. This step is necessary for gaining legal entry into the U.S. to work under H-1B status.
The process begins with scheduling a visa interview at the U.S. consulate or embassy in the applicant's home country (or the country where they currently reside). During the visa appointment, the applicant will need to present various documents to confirm their eligibility.
The applicant must gather the following documents for the H-1B visa stamping process:
To apply for the H-1B visa, the applicant must complete and submit the DS-160 visa application form online. This form requires personal information, employment details, and travel history.
Once submitted, the applicant will receive a confirmation page, which must be printed and brought to the visa interview. The visa application fee must also be paid before the appointment.
The visa interview will take place at a U.S. consulate or embassy abroad, typically in the applicant’s home country or current country of residence. During the interview, a consular officer will review the applicant's documents and ask questions regarding their employment and plans in the U.S.
Once everything outlined in the H-1 B documents checklist is complete, the visa will be stamped in the applicant's passport, granting them permission to enter the U.S. under H-1B visa status.
The H-1B Dropbox program, also known as the Interview Waiver Program, is designed to make the visa renewal process easier for certain H-1B visa holders. The program allows eligible applicants to renew their H-1B visa without the need for an in-person interview at a U.S. embassy or consulate.
The purpose is to reduce the H-1B processing time and streamline renewals—making it faster and more convenient.
To qualify for the H-1B Dropbox program, applicants must meet specific criteria including:
Below are the documents applicants will need for visa renewal:
To apply for the H-1B Dropbox, you must fill out the DS-160 form online and pay the visa fee. Once submitted, visit the U.S. embassy or consulate’s website to confirm eligibility for the Dropbox program. If eligible, the applicant will be instructed to submit the required documents at a designated Dropbox location.
After submitting the H-1B Dropbox documents, the U.S. consulate will process the visa renewal without requiring an in-person interview. Processing times can vary, but using the Dropbox program usually leads to faster results compared to regular H-1B renewals.
Managing the H-1B visa process can be challenging, but staying organized can help prevent delays and ensure a smooth experience. Here are key tips to manage the process effectively:
Docketwise simplifies the H-1B application process by offering a streamlined solution for document collection, filing, and H-1B status checks—making it easier for immigration professionals, employers, and applicants to stay organized. One standout feature is the automated I-129 e-filing, which helps reduce paperwork and ensures that forms are submitted promptly.
Additionally, Docketwise offers tools for tracking deadlines, managing client communication, and securely uploading documents. In 2025, it will also support H-1B registration, providing an all-in-one platform for the entire H-1B process—from lottery registration to visa approval.
If you want to learn more about H-1B visas such as the H-1B transfer process and many other insights, keep an eye on our blog. For immigration practices looking to boost their efficiency, file forms with ease, schedule a demo and see just how much your workflows can improve.
Learn the H-1B visa process step by step, from filing the application to transitioning to a green card. Stay updated on recent changes and make the process easier.
The H-1B visa is a non-immigrant visa that helps U.S. employers hire foreign professionals in specialized fields like engineering, IT, and healthcare—industries often facing a shortage of skilled workers.
For employers, understanding the process is necessary, as it involves multiple steps from registration to filing labor condition applications, all while ensuring compliance with the U.S. Department of Labor regulations. On the other hand, prospective employees have to understand the H-1B visa steps—from registration to potential lottery selection.
Recent updates under the Biden Administration have introduced important changes to the H-1B process. For example, the FY 2025 system has shifted to a beneficiary-centered selection process, aiming to reduce system abuse and give every applicant a fair chance, regardless of how many applications are filed for them. A new domestic visa renewal pilot program also launched in 2024, allowing some H-1B holders to renew their visas within the U.S., eliminating the need to travel abroad for renewals, which simplifies the process for both employers and employees.
In this article, we will review the entire H-1B Visa process from start to finish.
As we have established, the H-1B visa allows U.S. employers to hire foreign workers for specialty occupations that require advanced skills. This visa is especially important in fields like IT, engineering, and healthcare, where highly skilled professionals are often in short supply in the U.S. job market.
However, to qualify for the H-1B visa, candidates must meet specific criteria:
The U.S. is always on the lookout for talent and the H-1B visa allows businesses to maintain their competitive edge, drive innovation, and fill roles that require specific expertise.
The H-1B visa requirements are related to education, work experience, and U.S. labor law compliance. Here’s a detailed breakdown:
To qualify, the worker needs at least a bachelor’s degree or the equivalent in education and experience. This degree has to be relevant to the job, like in STEM, finance, or healthcare. If the degree comes from outside the U.S., it needs to meet U.S. standards. A credential evaluation from a professional academic evaluator is useful in proving the equivalence of the foreign educational credential or when using a combination of education and experience to meet the educational requirement. Sometimes, if an applicant has significant work experience, that might count instead of the degree.
For the H-1B visa, a U.S. employer has to sponsor an applicant. That means they file all the paperwork (Form I-129) to show that the job qualifies as a specialty occupation. Applicants can’t complete the process by themselves—the employer has to handle that part of the process.
The employer must pay the prevailing wage, which is the statistically determined average pay for the job in that location. They also have to make sure the (accepted) workers are paid no less than what they pay similar U.S. workers doing the same job. There are several sources for the prevailing wage, and these include the National Prevailing Wage Center (NPWC), the Foreign Labor Certification (FLC) Data Center, a survey conducted by an independent, authoritative source, or a collective bargaining agreement that contains a wage rate applicable to the occupation.
The employer needs to electronically submit a Labor Condition Application (LCA) to the Department of Labor, which ensures they’re following wage laws and maintaining good working conditions for both U.S. and foreign workers. If they make any errors or don’t comply with applicable laws, it could mean denial of the LCA, or when found to be in violation, levying fines or other sanctions.
The LCA makes sure that hiring an applicant won’t interfere with the pay or working conditions of their U.S. employees, and they need to post notices in the office to let everyone know about it.
The employer must also post a LCA notice for at least 10 calendar days, beginning on or within 30 days before the LCA is filed. The notice can be posted electronically or in hard copy. If using electronic posting, the employer can use an online bulletin board, email, or other method to notify employees. If the employer sends individual emails, they only need to do so once. For hard copy notice, the employer must post the notice in two visible locations at the worksite. Common locations include break rooms, bulletin boards, or near water coolers. The notice should include the following information: employer's name, job title, wage rate, worksite address, LCA filing date, number of H-1B nonimmigrants sought, occupational classification, period of employment, and location(s) where H-1B nonimmigrants will be employed.
In addition, the LCA must be posted in two conspicuous places at the worksite where the H-1B worker will be employed. This could include a breakroom, bulletin board, or any area where employee notices are typically posted.
Here’s the entire H-1B visa application process from start to finish.
The LCA is the first critical step for employers looking to sponsor an H-1B worker. It must be filed with the U.S. Department of Labor before the H-1B petition can proceed. The LCA ensures:
Compliance with DOL guidelines is key—this involves correctly calculating wages and ensuring the LCA is filed through the Foreign Labor Certification Gateway (FLAG). Processing times typically range from 7 to 14 days.
Employers must electronically register each H-1B candidate during the limited registration window via the USCIS portal. There’s a $10 registration fee per beneficiary. Only candidates selected in the H-1B lottery can proceed. After selection, employers can file the Form I-129 petition on behalf of the worker.
After being selected, the employer files Form I-129 with the USCIS to petition for H-1B status. This form includes supporting documents such as:
This step establishes the legitimacy of the employment relationship and the foreign worker’s eligibility.
Once filed, USCIS processes the petition, which can take anywhere from 5 to 7 months under normal processing. However, employers can opt for premium processing, which expedites the process to 15 days for an additional fee. During this stage, the employer may receive a Request for Evidence (RFE) if USCIS needs more information to approve the petition.
Once USCIS reviews the petition, they will issue either an approval or denial. If approved, the worker will receive Form I-797, a Notice of Action, signaling their H-1B visa has been granted.
If the worker is outside the U.S., they must attend an interview at a U.S. consulate or embassy for visa stamping. The required documents include:
Following a successful interview, the H-1B visa is stamped in the worker’s passport, allowing entry into the U.S.
Once the H-1B visa holder enters the U.S., they can begin working for the sponsoring employer on or after October 1st of the fiscal year. The initial stay is for three years, with possible extensions for up to a maximum of six years. If the worker wishes to change employers, the new employer must file a new H-1B petition on their behalf.
Transitioning from an H-1B visa to a green card is a complex process, but it provides a clear path for foreign workers to gain permanent residency in the U.S. through employer sponsorship. This journey typically involves several stages, from labor certification to status adjustment, with potential delays depending on the worker’s country of origin and U.S. immigration backlogs.
The first step in the transition is the PERM Labor Certification, which requires the employer to demonstrate that no qualified U.S. workers are available for the job. This process involves recruiting U.S. workers and proving that hiring the foreign worker won’t negatively impact U.S. wages. Depending on various factors, this stage can take 6 to 18 months. Employers must submit the required documents to the Department of Labor, who will review and certify the application before moving forward with the green card process.
Once the PERM is approved, the employer files Form I-140, which is the Immigrant Petition for Alien Workers. This step affirms the employer is offering a permanent position to the foreign worker and that the worker meets the qualifications. After filing, the priority date becomes important, as it dictates when the worker can move forward based on the availability of green card slots for their country of origin. Workers from high-demand countries like India and China may experience extended delays due to annual visa caps and backlogs.
When the worker’s priority date becomes current, they can proceed with the next step, which is either Adjustment of Status (if they are in the U.S.) or Consular Processing (if they are outside the U.S.). Adjustment of Status allows the worker to remain in the U.S. while their green card application is processed, whereas Consular Processing requires them to attend an interview at a U.S. embassy or consulate abroad. Both processes may involve biometrics and a final interview.
The registration period for this transition varies, especially for workers from countries with high demand for green cards. The PERM process alone can take up to 18 months, while the I-140 and final adjustment or consular steps depend on visa availability, which can stretch the overall process into several years.
For H-1B holders facing delays, extensions beyond the usual six-year limit are possible under the American Competitiveness in the Twenty-First Century Act (AC21). Section 106(a) allows for one-year extensions if the green card process begins at least 365 days before the H-1B status expires. Section 104(c) provides three-year extensions for those with an approved I-140 who are waiting for their priority date to become current. This ensures that H-1B workers can stay in the U.S. while their green card applications are pending.
Challenges in this process often include delays due to country-specific visa quotas, especially for workers from countries like India and China. Additionally, backlogs in employment-based green card categories can lead to extended wait times, particularly for EB-2 and EB-3 applicants. If a worker switches employers during the process, the new employer must restart the PERM and I-140 filings, though the worker can retain their original priority date.
The H-1B visa process is undergoing several updates aimed at improving efficiency and security as we move into 2025. These changes are particularly important for employers and applicants seeking a smoother process.
A significant development is the introduction of H-1B e-filing through platforms such as Docketwise. This shift helps speed up the submission process, reduces errors, and makes the overall management of visa applications more efficient. With online filing now available for Forms I-129 and I-907 (for premium processing), employers can submit documents faster and track their petitions more easily. This technological advancement brings greater accuracy and efficiency to the H-1B process.
Starting in 2025, Docketwise will offer H-1B filing online, which will simplify the registration and petition submission for legal representatives and employers. These updates are designed to reduce the paperwork burden and improve access for all parties involved.
The Biden Administration introduced reforms with hopes of improving the fairness and integrity of the H-1B visa system. One key change involves a beneficiary-centric lottery system, ensuring each individual has an equal chance of selection, regardless of how many registrations are submitted for them. This change is aimed at preventing multiple registrations from skewing the odds in favor of certain applicants.
Another major update is the introduction of domestic H-1B visa renewals, which may soon be available for certain noncitizens. Previously, H-1B holders had to travel abroad for visa renewals, often facing delays. With the new rule, renewals will be allowed within the U.S., making the process faster and less disruptive for employers and workers.
The H-1B process involves several stages, each with its own processing time. Here's a brief overview:
Managing the H-1B visa process efficiently is key for immigration lawyers to avoid delays and complications. Here are a few practical steps that can help streamline the work:
Keeping track of deadlines is critical in the H-1B process. Using software to set automatic reminders for key dates, like the filing of the Labor Condition Application and Form I-129, can help lawyers stay on top of important submissions and prevent missed deadlines.
E-filing has simplified the H-1B application process. Platforms such as Docketwise allow lawyers to submit petitions digitally, reducing the likelihood of errors and accelerating the process. E-filing helps ensure that documents reach the appropriate offices faster and are processed without the delays that come with paper filing.
Docketwise will introduce H-1B online registration in March 2025. Lawyers can use this tool to register clients for the H-1B lottery efficiently. This system will allow quick submission and easy management of multiple registrations, making it easier to organize casework during the busy lottery season.
A client portal is a convenient tool that enables clients to upload their documents, check case status, and communicate with their lawyers in a secure environment. This approach minimizes miscommunication, keeps all relevant information in one place, and reduces time-consuming back-and-forth correspondence.
Having a well-organized system for collecting and storing client documents is key. Using tools that categorize and store documents securely can save time and ensure all the necessary paperwork is ready when needed. Docketwise offers integrated document storage, which simplifies the management of required forms and credentials.
Managing client communications within one platform helps keep everything organized. Lawyers can use Docketwise to maintain all conversations and updates in a single location, ensuring nothing gets lost or overlooked. This method provides a clear record of all interactions and streamlines client management.
Staying updated on the H-1B process is essential for attorneys, employers, and applicants alike. Docketwise helps immigration lawyers manage deadlines, documents, and client communications, immigration lawyers can simplify the process and minimize errors. Staying on top of new regulations and tools is a critical part of managing H-1B cases effectively.
To learn more about checking the status of an H-1B application's status, look at Docketwise's resources, including the tools designed for an H-1B status check.
Parole in Place (PIP) allows undocumented family members of U.S. citizens to stay temporarily, protecting them from deportation while applying for legal status.
Parole in place (PIP) is a humanitarian program that allows undocumented family members of United States citizens to remain in the U.S. temporarily, protecting them from deportation. Initially designed to help military families, the parole in place immigration rule provides eligible individuals with temporary legal status, enabling them to stay in the U.S. while they work toward other immigration benefits, such as applying for a green card or work authorization. The program’s primary goal is to keep families together and offer stability during times of uncertain immigration processes.
Recently, the Biden Administration announced important updates to the PIP program, significantly expanding its scope. Now, undocumented spouses and stepchildren of U.S. citizens are also eligible for parole in place, reflecting ongoing immigration reform news and reinforcing the administration's focus on keeping families united.
The parole in place policy, introduced in 2007 by the Department of Homeland Security, provided relief to immediate family members (spouses, children, and parents) of active-duty U.S. military personnel. The legal authority for this policy is grounded in Section 212(d)(5)(A) of the Immigration and Nationality Act (INA), which gives the Secretary of Homeland Security the discretion to permit individuals who are otherwise inadmissible to remain in the United States for "urgent humanitarian reasons or significant public benefit." PIP specifically allows military families who entered the U.S. without proper documentation to stay in the country, rather than facing deportation, offering much-needed protection to those supporting active service members.
Initially focused on spouses, PIP expanded under the Obama Administration in 2013 to include veterans and reservists' family members, providing a broader scope of relief. While there were discussions during the Trump Administration about reducing or ending the program, it ultimately continued, and Congress supported its continuation in 2020.
In 2024, the Biden Administration announced a significant expansion of PIP. The policy now includes undocumented spouses and stepchildren of U.S. citizens, marking a shift from the program’s original military focus to a broader humanitarian goal.
Now, this policy fits within the larger immigration system as a flexible tool, balancing enforcement with compassion for those partaking in national defense.
The June 2024 announcement significantly expanded parole in place eligibility, offering a lifeline to many undocumented spouses and stepchildren. Before this update, only family members of U.S. military personnel could apply for PIP. Now, undocumented spouses and stepchildren of U.S. citizens can apply for this temporary relief, which protects them from deportation while allowing them to adjust their status without leaving the country.
The changes also mandate that applicants must meet the parole in place requirements, including continuous U.S. residence for at least 10 years. In addition, the applicant must be married to a U.S. citizen by (on or before) June 17, 2024. And finally, individuals are required to submit a parole in place application using the appropriate form (I-131F) which must be submitted online.
On August 23, 2024, Texas, along with 15 other states, filed a lawsuit attempting to block the expanded parole in place immigration program. In response, federal courts issued an order preventing USCIS from approving any parole in place applications, though the court did allow USCIS to continue accepting applications during this period.
On September 4, 2024, the court extended the injunction until September 23, 2024, leaving applicants in a state of uncertainty. Although they could still apply, no approvals would be issued until the legal battle was resolved. This created a legal limbo for applicants awaiting a decision on their parole in place applications.
The Fifth Circuit Court of Appeals is currently reviewing the case, which will determine whether the expanded PIP program can proceed or if it will face further legal challenges. Until then, the future of this expanded program remains uncertain.
The benefits of the parole in place policy are:
The risks of the parole in place policy are:
To apply for Parole in Place, applicants must meet specific eligibility requirements, which differ for military families and for spouses and stepchildren of U.S. citizens under the 2024 expansion.
For military families, the program remains available to immediate family members of active-duty U.S. military personnel, veterans, and reservists. Family members, including spouses, children, and parents, must have entered the U.S. without legal permission and should not have committed serious criminal offenses or violated immigration laws that would disqualify them from receiving parole. The program is designed to grant these family members temporary legal status to prevent deportation, allowing them to stay in the U.S. while working toward legal immigration status.
Under the 2024 expansion, spouses of U.S. citizens must have entered the U.S. without legal permission and must have continuously resided in the country for at least ten years as of June 17, 2024. Additionally, they need to have been married to a U.S. citizen by that same date to qualify for parole in place.
Stepchildren of U.S. citizens have slightly different requirements. To be eligible, stepchildren must have been physically present in the U.S. since at least June 17, 2024, and must be under 21 years of age. Furthermore, the noncitizen parent of the stepchild must have married a U.S. citizen before the June 17, 2024, deadline.
However, not all individuals are eligible for parole in place. Parents of U.S. citizens and spouses of permanent residents do not qualify under the 2024 expansion. Additionally, individuals with serious criminal histories or those who have violated immigration laws—such as reentering the country without inspection—are generally ineligible. It is crucial that applicants meet all the necessary criteria and carefully assess their eligibility to avoid complications in the application process.
The parole in place application process can be complex, especially for clients with criminal records or prior immigration violations. Tackling these challenges requires precision, and immigration lawyers play a critical role in ensuring that every eligibility requirement is met.
Docketwise simplifies this process with its I-131F Smart Form, specifically designed to help immigration lawyers organize and manage PIP applications. The form provides a structured workflow, guiding attorneys step-by-step through the process of collecting essential documentation, including proof of identity, marriage certificates, and evidence of continuous residence. By streamlining document collection, lawyers can ensure applications are accurate, complete, and ready for submission.
In addition to its intuitive forms, Docketwise offers e-filing capabilities, allowing attorneys to submit applications directly to USCIS. This feature minimizes errors, reduces processing delays, and provides clients with a more efficient pathway to relief. With Docketwise’s tools, immigration lawyers can confidently manage even the most challenging PIP cases, offering their clients a smoother and more reliable application experience.
To keep abreast of the latest info, check out our podcast where we cover everything immigration, from the latest technology to the changes in USCIS fees.
For immigration lawyers, it is of utmost importance to gather all the necessary documents. Docketwise’s platform can assist you in compiling proof of identity, marriage, or relationship to a U.S. citizen for clients, as well as evidence of their continuous residence in the U.S., such as rent receipts, tax filings, and utility bills.
Using the Docketwise SmartForms feature, you can complete the entire process online without a hitch. The software ensures that no critical information is left out, minimizing delays that can result from incomplete applications and dissatisfied clients. Docketwise’s e-filing feature also allows you to submit the application electronically, streamlining the process and helping your client have a granted parole in place.
An administrative stay can significantly impact the application process for parole in place, causing delays and adding uncertainty for applicants.
When a court issues an administrative stay, it temporarily prevents USCIS from approving applications. However, during this period, applicants can still submit their PIP applications, though they will remain pending until the stay is lifted or further legal decisions are made.
Applicants should continue applying. Submitting the application now can put applicants in a better position once the stay is resolved, allowing for quicker processing when approvals resume.
For spouses and stepchildren of U.S. citizens, the expanded PIP program offers a lifeline of hope and stability. That being said, it remains just as vital for military families, continuing to fulfill its original purpose for active-duty service members, veterans, and reservists.
Right now, there are a lot of challenges—legal battles, delays, and the uncertainty that comes with the process. But even during this difficult time, taking action now by submitting the application could make all the difference. While the courts sort out the legal details, you’ll already be one step ahead and prepared when things move forward again, helping your clients.
At Docketwise, we understand the importance of getting citizenship and immigration services right. Our goal is to power immigration lawyers to help clients with their parole in place application.
Schedule a demo to learn more about how Docketwise could help your firm!
Discover how government platforms like MyUSCIS, FLAG, and CBPOne are modernizing the U.S. immigration process, offering improved efficiency.
Over the past few decades, the U.S. federal government has invested in technology to improve the immigration process. Despite these efforts, the journey towards modernization has faced many challenges.
In 2005, U.S. Citizenship and Immigration Services (USCIS) started a project to digitize the nation’s immigration system and move away from the old, paper-based process of mailing forms to service centers and offices. Named ELIS in honor of Ellis Island, this project aimed to modernize how immigration records and applications are managed. With an initial budget of $500 million and a missed goal of completion by 2013, the project has already cost $1 billion.
USCIS has since introduced an electronic system for the H-1B cap-lottery registration, which received over 483,927 registrations in 2023. However, 19 years later, only 19 out of 90+ forms are available online.
So, why undertake the complex task of digitizing the immigration process in the first place?
Digitizing the immigration process offers both USCIS and immigration lawyers a few major benefits. First, as an agency that relies on fees from applications and services, moving to digital solutions can help improve USCIS’s financial stability and make processing more efficient. Second, a digital system could greatly reduce the backlog of over one million cases in the immigration court system, making operations smoother and case management more effective.
Lastly, an online system for filing immigration forms saves time and helps immigration lawyers stay organized and follow regulations, allowing them to provide better service to their clients.
Fortunately, the federal government has several tech tools to support the immigration process. In this article, we’ll look at three important portals—MyUSCIS, FLAG, and CBPOne—and highlight their main features, along with how to get tech support for each one.
Three key platforms are essential to different parts of the immigration process: MyUSCIS from the Department of Homeland Security (DHS), FLAG from the Department of Labor (DOL), and CBPOne from the U.S. Customs and Border Protection (CBP). Each of these portals has a specific purpose, making them valuable tools for applicants, legal professionals, and other stakeholders. Let’s explore what each platform offers.
MyUSCIS is an online portal from USCIS. It was designed to make immigration services more accessible by allowing users to manage their entire process online. Through MyUSCIS, you can apply for benefits, track your case status, get personalized advice, and find detailed information about the immigration process. The portal is designed to be straightforward, so you don't need any advanced technical skills to use it.
The Foreign Labor Application Gateway (FLAG) is an important online platform from the Department of Labor (DOL) designed to handle labor certification applications. It is essential for employers submitting applications like the ETA-9035 for H-1B visas or the ETA-9089 for PERM labor certifications. FLAG simplifies the filing process by allowing users to track the status of their applications and view DOL decisions in real-time. For employers and legal professionals dealing with labor regulations in the immigration process, FLAG is a valuable tool for maintaining compliance and ensuring efficiency.
CBPOne is a mobile app created by the U.S. Customs and Border Protection (CBP) to simplify access to various CBP services. It serves as a one-stop portal where users can schedule appointments at ports of entry, manage their I-94 Arrival/Departure Records, and help asylum seekers navigate the application process for protection at the border.
These three online portals are examples of how the federal government is working to digitize the immigration process. USCIS still relies heavily on paper-based procedures. Moving entirely to a digital system could help save resources and increase revenue for the agency, which could also help reduce the large case backlogs that have been a problem for years.
These portals are essential for the immigration process, but it’s also important for law firms to have their own technology to manage cases and communicate with clients. If you’re a smaller or new firm, getting a case management tool should be a priority to keep your practice running smoothly and stay competitive in today’s digital world.
As a dedicated immigration case management, immigration forms management, and CRM platform tailored to the diverse needs of immigration law firms of all sizes and practice areas, Docketwise gives attorneys the tools they need to deliver best-in-class services.
If you’re new to Docketwise and would like to try and see if it’s a good fit for your firm, schedule a demo on our website today.
And check-out the official Docketwise podcast, "Immigration Uncovered," and don't forget to subscribe to "Immigration Insights," a quick five-minute newsletter that keeps thousands of immigration lawyers informed and up-to-date!