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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.

The 2025 Wave of Visa Revocations: What Happened and Why

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.”

“They used some kind of algorithm to terminate [SEVIS records] up front…[which] was all done over the course of a couple weeks.” - Amy Maldonado

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. 

Legal Fallout: Lawsuits, TROs, and Government Backtracking

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.” 

“They were not obeying the court orders from around the country... it was outrageous.” - Amy Maldonado

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.

Who Was Targeted and Which Visas Were Revoked?

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.

How Many International Student Visas Have Been Revoked?

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.

Can a Student Visa Be Revoked Without Notice?

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.

How Immigration Lawyers Can Respond

Maldonado says there are actionable steps immigration attorneys can take to navigate the aftermath of the international student visa crisis. 

1. Demand Retroactive Reinstatement of SEVIS Records

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.

2. Monitor SEVIS Closely and Document Every Change

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.

3. Prepare for Round Two of Revocations

ICE has signaled potential new rulemaking. Attorneys must review at-risk cases, update clients, and prepare legal responses should terminations resume.

4. Pursue APA and Due Process Claims

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.

5. Join Collaborative Legal Efforts

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.

How Docketwise Supports Your Student Visa Cases

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.

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Mentorship can be like a compass in the journey of an immigration lawyer’s professional growth. Whether you're embarking on your legal career, navigating career shifts, or seeking to hone your expertise, a mentor can be your guide, offering wisdom and encouragement.

In this article, we'll explore the moments when mentorship is most beneficial, uncover strategies for finding the perfect mentor, and explore ways to maximize your role as mentee.

When to seek out mentorship as an immigration lawyer

Starting a career in immigration law can be overwhelming for many reasons — navigating the complexities of visa processes, asylum procedures, and deportation defense are just a few of the things immigration lawyers deal with daily. For newcomers, mentorship isn't just helpful—it's essential for mastering these challenges. Mentors offer invaluable insights and practical advice, laying a strong foundation for a successful career in this complex field.

Mentors can help immigration lawyers at all stages of their careers, from newbies to seasoned veterans starting their own immigration law firms. Mentorship is particularly crucial for those starting their own immigration law practices, where mentors not only offer legal guidance but also essential business insights, fostering both professional growth and self-assurance.

Continuous professional development is vital for immigration lawyers. With laws and policies constantly changing, mentors serve as invaluable resources, keeping lawyers updated and refining their specialized skills. They prepare lawyers for leadership roles and academic pursuits, ensuring they stay at the top of a field where staying current is essential for advancing one's career.

If you’ve never had a mentor and perhaps aren’t sure how to find one, here are three tips for how to find the right mentor as an immigration lawyer.

How to find an immigration law mentor

A strong mentoring relationship can be transformative for your career, opening doors to new opportunities, promotions, and improved work-life balance. However, mentoring often unfolds informally, which can make initiating the process challenging. Here’s how to identify a suitable mentor, formally approach them, and cultivate a successful mentorship.

Identify your needs as an immigration lawyer

Before diving into your search for a mentor, start with a thorough self-assessment to understand your strengths and areas where you want to improve. Clarifying your professional goals for mentorship will help you find the right mentor who can offer tailored guidance and support. Begin by outlining both short-term and long-term objectives. Using SMART criteria—specific, measurable, achievable, relevant, and time-bound—can break down your aspirations into manageable steps that a mentor can assist you with.

Compile a list of professionals whose career paths inspire you. Consider how their accomplishments could influence your own career in the coming years. When selecting a mentor, seek someone who resonates with your personal identity and can provide customized advice, especially if you face unique challenges as an underrepresented individual in your field.

Networking opportunities in immigration law

Networking is essential for finding mentors in immigration law. Attending immigration law conferences, seminars like those organized by the America Immigration Lawyers Association (AILA), the Federal Bar Association (FBA), the American Bar Association (ABA), etc., and actively participating in professional associations and online communities where seasoned professionals gather can significantly expand your professional network. These networking activities create opportunities to connect with potential mentors.

Structured mentorship programs offered by law firms, bar associations, and university alumni networks are invaluable for establishing connections with experienced mentors. These programs pair aspiring immigration lawyers with mentors committed to fostering professional growth and development.

Reach out to potential mentors

Reaching out to someone you admire, especially if they're in a senior position, might seem daunting. However, it's important to note that many accomplished immigration lawyers have benefited from mentors who guided them in their careers and are often eager to pay it forward. Remember, these lawyers typically welcome opportunities to assist others in similar ways.

When making first contact, a direct and effective approach is to start with a brief email. Begin by expressing admiration for their achievements, introduce yourself briefly, explain why you're reaching out, and outline what you hope to learn from their experience. Conclude your message with a specific request, such as scheduling a 15 to 30-minute virtual coffee chat. This method not only respects their time but also sets a professional tone that can help establish a meaningful connection.

Strengthen and maintain the mentor/mentee relationship

To make the most of your mentorship, start by clearly setting achievable goals right from the beginning. This upfront clarity helps your mentor provide targeted guidance and keeps your interactions focused. Consistency is key in scheduling meetings—establish a regular rhythm, whether weekly or monthly over a period of four to six months. As comfort levels increase, transition from video conferences to phone calls, and use calendar invites to secure these sessions, keeping your supervisor informed for transparency, if needed.

Prepare an agenda before each meeting to boost productivity. Discuss topics like performance reviews, project feedback, or strategies for career advancement to ensure your discussions are purposeful and aligned with your professional ambitions. Embrace feedback openly, whether positive or constructive, as it's crucial for refining skills and gaining new perspectives essential for personal growth. Taking detailed notes during meetings helps with follow-up emails, allowing your mentor to track progress and offer personalized advice throughout your mentorship journey.

Keeping your mentor updated on your progress is key; this can be as simple as sending occasional emails or texts to highlight how their guidance has positively impacted your career and personal development. Starting with monthly updates and shifting to quarterly as your relationship grows helps maintain engagement without overwhelming them. This ongoing communication emphasizes their important role in your journey and strengthens the mentoring connection.

Moreover, offering reciprocal assistance shows your commitment to mutual growth within the mentorship. During your interactions, ask how you can support them, whether by sharing insights, helping with projects, or making introductions. This approach not only deepens the relationship but also demonstrates your dedication to fostering a successful partnership. Lastly, expressing gratitude with brief thank-you notes after each meeting shows appreciation for their time and expertise, contributing to a positive and supportive mentoring relationship.

Ready to find your mentor? Get started today!

Docketwise immigration law firm CRM and case management

Mentorship is vital in the field of immigration law, benefiting both mentees and mentors. Whether you're seeking guidance or offering it, mentorship stands as a cornerstone for fostering professional growth and development. And streamlining your immigration practice with tools like Docketwise can free up time for professional growth and mentorship activities.

Docketwise’s comprehensive case management platform allows you to focus on what matters most—becoming a better professional and mentor. 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!

In April 2024, U.S. Citizenship and Immigration Services (USCIS) implemented its first significant fee increase since 2016.

These changes in immigration law bring a higher fee when it comes to H1-B visas with an increase of 70% and a 201% rise for L-1 visas. The introduction of a $600 Asylum Program Fee and a 12% hike in premium processing fees add further implications.

So let’s take a look at all the changes and what they mean exactly.

Reasons for the USCIS Fee Increase

USCIS Funding Model 

USCIS primarily operates on fees collected from applicants rather than taxpayer funding. This self-sustaining model requires periodic fee adjustments to cover rising operational costs and expanding responsibilities which is what happened back in April.

The fee structure, last updated in 2016, became insufficient due to reduced application volumes during the COVID-19 pandemic, leading to a $1.9 billion annual shortfall​.

USCIS faces significant challenges, including staffing shortages, processing backlogs, and the need for improved customer service. The fee hikes are intended to enhance efficiency and service delivery, enabling the agency to manage its workload better and provide timely adjudications

"USCIS faces significant challenges, including staffing shortages, processing backlogs, and the need for improved customer service. The fee hikes are intended to enhance efficiency and service delivery, enabling the agency to manage its workload better and provide timely adjudications," explains Jonathan Wasden, a plaintiff's attorney in the lawsuit against USCIS.

Operational Challenges

USCIS faces significant challenges, including staffing shortages, processing backlogs, and the need for improved customer service. The fee hikes are intended to enhance efficiency and service delivery, enabling the agency to manage its workload better and provide timely adjudications.

What USCIS aims to do with the increased fees is support hiring additional staff, upgrading technology, and reducing the backlog of applications​​.

Public Feedback and Adjustments

The new fee structure was shaped by over 5,400 public comments. Feedback led to adjustments minimizing the impact on vulnerable groups, such as maintaining fee waivers for those unable to pay and introducing new exemptions. 

April 2024 USCIS Fee Changes Breakdown

Family-Based Applications

For those filing Form I-485, additional costs for employment authorization ($260) and advance parole ($630) will now apply, adding to the overall expense.

Employment-Based Applications

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Additionally, a new $600 Asylum Program Fee will be applied to Forms I-129 and I-140, with exemptions available for nonprofits and smaller businesses.

Other Significant Increases

The EB-5 Investor Visa sees one of the most dramatic fee increases, with the filing fee for Form I-526/I-526E rising from $3,675 to $11,160, representing a 204% increase. This substantial hike reflects the high value of the benefits conferred by the EB-5 program and the intensive adjudication process required for these applications. Additionally, the fee for Form I-829, used to remove conditions on permanent residence, increased from $3,835 to $9,525​​.

Premium processing fees are also rising to $2,805, reflecting the increased demand for expedited services. This service allows applicants to receive a decision within 15 calendar days, providing significant value to those needing urgent processing. The fee hike aims to address the heightened demand for faster adjudications and to support the agency's operational costs​​.

The green card renewal fee, particularly for Form I-90 (Application to Replace Permanent Resident Card), will see a decrease from $540 to $465 for paper-based filers, while online filers will benefit even more from a reduced fee. This change is intended to streamline the process and encourage more applicants to use the online system, enhancing overall efficiency​.

Impact on Immigration Clients

For individuals and families, the higher costs of applications like Form I-130 and Form I-485 will add financial strain. To that end, it’s more important than ever to submit applications on time to avoid further increases and delays and also look into fee waivers to make sure they can still access immigration services without breaking the bank.

In the same vein businesses that are sponsoring foreign workers will see a noticeable rise in costs, especially for H-1B and L-1 visas. This means employers will need to reassess their budgets and possibly adjust their hiring practices. 

The Lawsuit Against USCIS

Overview of the Lawsuit

In 2024, a coalition of immigration advocates and business groups initiated a lawsuit against the USCIS following significant increases in fees for various immigration services. This legal challenge argues that the hikes are not only excessive but were also implemented without proper justification and lacked the necessary public consultation and procedural adherence.

The lawsuit particularly highlights systemic issues within USCIS's operational and data management practices, especially in the EB-5 program, as noted on our podcast featuring Jonathan Wasden. His remarks underscored the poor recordkeeping and unclear data management within USCIS, which the lawsuit aims to address​​.

The Catalyst for the Lawsuit

The immediate trigger for the lawsuit was the sharp increase in fees across multiple H1-B petitions, which are seen as creating financial barriers that could prevent access to essential immigration services. 

Legal Grounds of the Lawsuit

The lawsuit contends that USCIS failed to conduct the necessary fee studies and did not link the fee increases to performance metrics as mandated by recent legislative requirements. The absence of this study, which was supposed to be completed by March 1, 2023, forms a central part of the legal arguments against the fee rule​.

The fees are going to push out the less economically benefited folks from the market, particularly for EB-5 applicants who are not predominantly wealthy and are likely to be priced out.

As Jonathan Wasden remarked: "The fees are going to push out the less economically benefited folks from the market, particularly for EB-5 applicants who are not predominantly wealthy and are likely to be priced out.”

Legal Process and Timeline

The legal proceedings for this challenge involve several steps, including filing motions for preliminary injunctions aimed at temporarily halting the implementation of the new fee structure until the case is fully resolved. Wasden explained the strategic considerations involved, including the preference for a preliminary injunction over a temporary restraining order (TRO), which they ended up having to request due to timing​​.

Precedents and Prospects

Past legal challenges of USCIS fee increases have had mixed outcomes, providing uncertain precedents for this current case. However, the outcome of this lawsuit could establish significant precedents for future regulatory actions and adjustments to fees. Despite the uncertainties, there is cautious optimism about the strength of the legal arguments, particularly concerning the requirement for a comprehensive fee study​​.

Special Considerations and Exemptions for the USCIS Filing Fee Increase

As USCIS implemented a revised fee structure effective April 1, 2024, several special considerations and exemptions have been introduced to lessen the financial burden on specific groups and encourage efficient application processes.

Fee Waivers and Reductions

The updated fee schedule includes expanded exemptions specifically tailored for nonprofits, small businesses, and vulnerable groups. Nonprofits and small businesses benefit from reduced fees across several application types, which can ease the financial strain associated with the immigration process. Vulnerable groups, including low-income applicants and humanitarian cases, may be eligible for fee waivers, ensuring access to necessary immigration benefits without prohibitive costs​.

Discounted Fees and Biometric Fee Removal

USCIS has introduced discounted fees for applications filed online, incentivizing applicants to use the online portal. This measure not only reduces the cost for applicants but also streamlines processing for USCIS, enhancing overall efficiency. Additionally, the agency has eliminated separate charges for biometric services, integrating these costs into the application fees, simplifying the fee structure, and reducing the total cost for many applicants​.

Strategic Filing Advice

Online Filing Benefits

As a legal professional, you should advise clients to take advantage of online filing to benefit from lower fees and faster processing times. All of that can be done on the USCIS website, where clients can access the online portal for their application submissions.

Accuracy and Completeness

It is crucial for applications to be meticulously completed and accurately submitted to avoid delays, additional costs, or denial. Attorneys should ensure all submissions are double-checked and adhere to the latest USCIS guidelines and requirements​​.

How to Adjust To  the Changes

Your clients should know there are ways to handle the new costs effectively, whether it's for filing the I-130 form or other forms we've mentioned. Here are some strategies to consider:

  1. Submit Applications Early: Advise your clients to submit their applications before the new fees take effect. This can help them avoid paying higher costs.
  2. Adjust Budgets: Recommend that your clients adjust their budgets to accommodate the new fees. Proper financial planning can help them manage these changes more easily.
  3. Look for Fee Reductions or Waivers: Inform your clients about any available fee reductions or waivers. Understanding how to apply for these can provide financial relief.

Additionally, legal and financial planning will be crucial to manage these changes efficiently. To further enhance your practice’s productivity, consider using Docketwise. Its features can help you streamline document management and resolve cases faster, making your practice more efficient and effective.

Stay Informed, Stay Prepared

The USCIS fee increase in 2024 is a change aimed at addressing the agency's operational costs and improving service delivery. These adjustments will impact a wide range of applications, significantly affecting both individuals and businesses. While the increased fees may pose challenges, they are designed to ensure better resource allocation, reduce backlogs, and enhance overall efficiency in the immigration process.

Applicants and stakeholders are encouraged to plan strategically to manage these changes effectively, taking advantage of available exemptions and discounts to mitigate the financial impact.

That being said, there won't be any USCIS new fee schedule but if anything happens, we won’t just provide the best software for lawyers on the market but also the latest update so stay tuned.
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The H-1B visa program serves as a cornerstone of the United States' workforce, facilitating the entry of skilled foreign workers to fill specialized positions in various industries. To put it into a real-time context, established to address shortages in certain professions, particularly in fields like technology, engineering, and healthcare, the H-1B visa is instrumental in driving innovation and economic growth.

Yet, the H-1B visa is more than just a means of employment. It's a gateway to career growth and professional mobility. A significant aspect of this mobility is the freedom for H-1B visa holders to change jobs while maintaining legal status in the U.S. through the H-1B transfer process. This flexibility is a game-changer for workers seeking new opportunities, be it for career advancement, better compensation, or a change in location.

An H-1B transfer allows an individual on an H-1B visa to change employers without needing to go through the entire H-1B application process again. While this term is commonly used, it's important to note that "H-1B transfer" is not an official legal term or process. Instead, it refers to the process where a new employer files an H-1B petition for the worker, and upon approval, the employee can start working for the new employer. The individual does not have to wait for approval of the new employer’s petition if they are still within the six-year limit of their current H-1B status.

This article will delve into the specifics of changing jobs on an H-1B visa in 2024, leaving no stone unturned. It will explore the eligibility criteria, legal requirements, common challenges, and benefits associated with this process. By providing comprehensive clarity and guidance on this topic, we aim to empower both employers and employees to navigate the H-1B transfer process with confidence and compliance.

Eligibility and Legal Requirements for H-1B Transfer

First, specific criteria must be met to be eligible for changing jobs on an H-1B visa. The new job role must fall within the scope of the original H-1B visa approval, ensuring alignment with the visa's specialty occupation requirement. Additionally, the prospective employer must be willing to sponsor the H-1B transfer process, offer a bona fide job offer, and comply with relevant labor laws. 

It's essential to remember that the H-1B transfer process is complex, and immigration lawyers play a crucial role in guiding both employers and employees through it. So, whether you're an applicant or an employer, it's in your best interest to consider hiring an experienced immigration attorney or law firm to provide expertise in navigating these complexities and facilitate the timely submission of required documentation.

Nonetheless, the legal steps involved in an H-1B job transfer include filing the Labor Condition Application (LCA) with the Department of Labor (DOL). This certifies that the employment of the H-1B worker will not have a negative impact on the wages and working conditions of U.S. workers in similar positions. Subsequently, the employer (or the attorney on their behalf) must file an I-129 petition with U.S. Citizenship and Immigration Services (USCIS), requesting approval for the H-1B transfer.

Meeting H-1B transfer requirements demands close attention to deadlines and paperwork to avoid delays. Knowing the timeline and fees is crucial for maintaining legal status and employment authorization.

Step-by-Step Process for H-1B Job Change 

As you can tell by now, the entire process of changing jobs on an H-1B visa is a complex journey that requires a comprehensive understanding of each intricate step. Let's explore the complexities of this process:

  • Obtaining a job offer from a new employer: Securing a job offer from a new employer is the first step in changing jobs on an H-1B visa. The position must meet specialty occupation requirements and comply with labor laws.
  • Filing the Labor Condition Application: Once a job offer is secured, the new employer just like the previous employer must file an LCA with the DOL. This application ensures that hiring the H-1B foreign worker will not negatively impact U.S. workers' wages and working conditions in similar positions. The LCA, if not filed accurately or within the required timeframe, can lead to delays in the job change process or even a denial of the H-1B transfer.
  • The importance of the I-129 petition: Following approval of the LCA, the new employer submits an I-129 petition to USCIS. This petition is a crucial component of the H-1B transfer process when it comes to the application process for immigration documents. It requests approval for the transfer and includes documentation supporting the job offer, the beneficiary's qualifications, and other relevant information. The I-129 petition must be meticulously prepared and submitted with all required documentation to ensure a successful outcome.
  • Timeline and important deadlines: Understanding the H-1B transfer timeline and adhering to important deadlines is essential for a smooth transition and successful H-1B transfer status. Each step of the process, from obtaining the job offer to filing petitions and awaiting approval, has specific timeframes that must be followed diligently. Failure to comply with deadlines could result in delays or even jeopardize the beneficiary's H-1B status, potentially leading to a loss of employment or even deportation.

Navigating these steps with meticulous attention to detail, thorough preparation, and strict adherence to legal requirements is of the utmost importance for a successful job change on an H-1B visa. Therefore, seeking guidance from immigration professionals or legal experts can be a crucial step in ensuring a smooth and compliant transition process.

Benefits of Successfully Changing Jobs on H-1B

Changing jobs on an H-1B visa offers several key benefits. Firstly, it maintains continuous employment status, eliminating the need to apply for a new visa stamp until the H-1B transfer is complete. This stability provides peace of mind and removes uncertainty during the transition process. Switching employers allows individuals to bypass the H-1B visa cap, enabling them to secure employment opportunities without being subject to annual quotas.

Moreover, changing jobs presents opportunities for career advancement and exploration. It allows individuals to pursue new roles, higher compensation, and greater responsibilities, fostering personal and professional growth. This flexibility also facilitates geographic mobility, empowering individuals to relocate for better job prospects or preferred lifestyle amenities and enhancing their ability to pursue their goals effectively.

Successfully navigating the job change process on an H-1B visa not only ensures legal compliance and continued authorization to work but also opens doors to a more stable, fulfilling, and rewarding career trajectory in the United States.

Timeline for H-1B Job Transfer

The timeline for an H-1B job transfer can vary depending on several factors. However, a general H-1B transfer timeline process typically includes the following stages:

  1. Job offer and acceptance: The process starts with an H-1B visa holder receiving a job offer. After acceptance, both parties negotiate terms like salary and start date. It's the visa holder's responsibility to ensure the offer complies with their visa status and maintains legal status throughout.
  2. Preparation of documents: The new employer initiates the H-1B transfer process by preparing and gathering necessary documentation, such as the LCA and Form I-129, Petition for Nonimmigrant Worker.
  3. Submission of LCA: The new employer files the LCA with the Department of Labor. The DOL typically takes around seven days to certify the LCA, although processing times may vary.
  4. Filing the I-129 petition: Once the LCA is certified, the new employer submits the Form I-129 petition along with supporting documents to U.S. Citizenship and Immigration Services. USCIS processing times vary, but it generally takes several months to adjudicate the petition.
  5. Approval and transfer: Once the USCIS approves the I-129 petition, the H-1B visa holder can officially transfer employment to the new employer. The visa holder may begin working for the new employer as soon as the petition is approved, provided the individual is maintaining lawful status.

It's important to note that processing times can fluctuate due to various factors, including USCIS workload, government processing times, and any additional requests for evidence (RFEs) that may be issued. RFEs can include requests for additional documentation, clarification on certain aspects of the petition, or further proof of eligibility.

H-1B Transfer Fees to Consider

When considering an H-1B transfer process, it's essential to be aware of the various fees associated with the process. These fees may include:

  1. Attorney fees: Attorney fees can vary depending on the attorney's experience, expertise, and the scope of services provided.
  2. Filing fees: The primary filing H-1B transfer fee is the Form I-129 basic filing fee, which is paid by the new employer submitting the petition to USCIS. 
  3. Premium processing fee: Petitioners have the option to request premium processing for their H-1B transfer petition, which expedites the processing time to 15 calendar days. 
  4. Dependent fees: If the H-1B visa holder plans to bring dependents (spouse and/or children) to the United States, additional fees may apply for each dependent's visa application.
  5. Miscellaneous fees: Depending on the specific circumstances of the case, additional fees may apply for services such as document translation, credential evaluation, and courier services.

Total filing fees are based on multiple variables, including the size of the employer, whether or not they use e-filing online or paper filing, or whether or not they use premium processing. To estimate fees for your firm and case, please visit the USCIS website to check for the most updated fees. 

Employers  should budget accordingly and consider all potential fees when planning for an H-1B transfer. Additionally, it is important to stay informed about any updates or changes to fee structures by consulting official USCIS resources or seeking guidance from immigration professionals.

Challenges and Tips for Immigration Lawyers Dealing with H-1B Transfer

Immigration lawyers can play a critical role in the H-1B transfer process, providing expertise and guidance to ensure a smooth and compliant transition for H-1B visa holders and their new employers. Navigating the H-1B transfer process presents several challenges for immigration lawyers, requiring a comprehensive understanding of the legal intricacies involved. Here are some key challenges and practical tips to overcome them:

Challenges

  1. Ensuring Continuous Employment Authorization: One major challenge is ensuring that the visa holder can start working for the new employer immediately after the transfer petition is filed. This requires careful timing and coordination to avoid gaps in employment.
  2. Compliance with Regulatory Requirements: The new employer must adhere to strict regulations, including prevailing wage standards and proper posting of the Labor Condition Application (LCA). Non-compliance can lead to petition denial or other legal complications.
  3. Managing Documentation and Evidence: Gathering and preparing the necessary documentation, such as proof of the employee’s current H-1B status and detailed job descriptions, can be complex and time-consuming.
  4. Risk of Petition Denial: Despite meticulous preparation, there is always a risk of petition denial due to various factors, including insufficient documentation or issues with the employer's eligibility.
  5. Client Misunderstandings: Clients may have misconceptions about the H-1B transfer process, such as believing it is an official legal procedure or underestimating the complexity involved.

Tips to Overcome Challenges

  1. Thorough Initial Assessment: Conduct a detailed assessment of the visa holder’s current H-1B status and the new job offer. Identify potential issues early and address them proactively.
  2. Effective Communication: Maintain clear and consistent communication with both the visa holder and the new employer. Ensure that all parties understand the requirements and timelines involved in the transfer process.
  3. Detailed Documentation: Prepare comprehensive and accurate documentation. This includes obtaining detailed job descriptions, proof of the visa holder’s current status, and ensuring all forms are correctly filled out and submitted on time.
  4. Compliance Checks: Verify that the new employer complies with all regulatory requirements, including wage levels and LCA postings. Provide guidance on how to meet these requirements and document compliance effectively.
  5. Contingency Planning: Develop a contingency plan in case the transfer petition is denied. This may involve advising the client on maintaining their current H-1B status or exploring alternative immigration options.
  6. Client Education: Educate clients about the H-1B transfer process, including its challenges and potential risks. Clear explanations can help manage expectations and ensure clients are well-prepared.

By addressing these challenges with thorough preparation, clear communication, and strategic planning, immigration lawyers can successfully navigate the complexities of H-1B transfers, ensuring a smooth transition for their clients and minimizing legal risks. 

Immigration lawyers should always be considering how they can optimize their current workflows and processes, in order to deliver their clients the best experience possible. Docketwise was created to be an all-in-one practice management solution for immigration lawyers, to help them streamline workflows around immigration forms management, case management, and so much more! Schedule a demo to learn more!

Final Words

Changing jobs on an H-1B visa requires more than just fulfilling procedural steps; it demands a strategic mindset and meticulous planning. Throughout this comprehensive guide, we've delved into the intricate process, emphasizing the significance of eligibility, legal compliance, and proactive preparation. 

By embracing these principles, individuals can navigate the transition with confidence, knowing they've laid a solid foundation for success. Remember, beyond the paperwork lies the promise of new opportunities, career growth, and a fulfilling professional journey in the United States. With careful planning and determination, the path to a brighter future on your H-1B visa awaits.

FAQs 

Q: What documents are required for an H-1B job transfer? 

A: The primary documents include the Labor Condition Application (LCA), Form I-129 petition, and required supporting documents as evidence of the job offer and beneficiary's qualifications.

Q: Is there a minimum duration of employment required before changing jobs on an H-1B visa? 

A: No, there is no specific minimum duration of employment required before changing jobs on an H-1B visa. However, it's crucial to underline that strict adherence to all legal requirements is of utmost importance.

Q: Can I start working for a new employer immediately after filing the H-1B transfer petition? 

A: In many cases, individuals can begin working for the new employer upon receiving the receipt number for the filing of the H-1B transfer petition, as long as they maintain lawful status. However, it's strongly recommended to seek professional advice from legal experts for specific guidance.

Q: Are there any restrictions on the type of job or industry for an H-1B transfer? 

A: The new job must still meet the specialty occupation requirement of the H-1B visa, ensuring alignment with the individual's skills and qualifications. However, there are no specific restrictions on the type of job or industry.

Q: Can I change jobs multiple times on an H-1B visa? 

A: Yes, H-1B visa holders can change jobs multiple times, provided each job change follows the legal requirements and procedures for H-1B transfer. However, it's important to note that frequent job changes may raise questions about immigration intent and may necessitate thoughtful consideration.

Updated: July 15, 2024

For many decades, talented individuals from around the world have moved to the United States seeking better job opportunities, consequently contributing to its economy, innovation, and cultural diversity.

What is an H-1B Visa?

Among the various work visas, the H-1B visa program is particularly important for skilled foreign workers looking to contribute their expertise to American companies. An H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise. 

These occupations typically include fields such as science, engineering, and information technology. The H-1B visa program is essential for U.S. employers to fill critical skill gaps and remain competitive in the global marketplace. It provides opportunities for highly skilled professionals from around the world to contribute their expertise to American companies, fostering innovation and driving economic growth.

H1B visa logo with American flag in background, symbolizing work visa for US companies hiring foreign workers.

Why Track Your H-1B Status?

As immigration lawyers, we play a crucial role in navigating the complex H-1B visa process on behalf of our clients. Therefore, H-1B receipt tracking and the successful tracking of the entire H-1B process have become paramount for all lawyers practicing immigration law. But why is knowing how to properly condone the H-1B status check and the comprehensive H-1B petition status so important? 

Tracking your clients' H-1B petition status is essential for several reasons. First, it reduces anxiety by clarifying their visa application or renewal progress. Second, it allows them to plan ahead, such as making arrangements for housing, transportation, and other logistics related to moving to the U.S. Additionally, the H-1B status check enables you to respond quickly to any potential issues or requests for additional documentation, thus expediting the visa process. 

From utilizing the official online H-1B status check on USCIS’s website to harnessing the power of immigration case management software like Docketwise, this guide aims to equip immigration lawyers with the necessary tools to navigate the complexities of the H-1B visa process and provide comprehensive support to their clients regarding H-1B receipt tracking and positive outcomes.

In the subsequent sections of this comprehensive article, we will explore the methods, resources, and best practices available to lawyers for tracking the status of H-1B petitions.

How To Navigate Through The USCIS Online Case Status Check Tool

The H-1B receipt tracking is made more accessible with the availability of USCIS's online case status tool. This web-based resource allows legal professionals to stay informed about the progress of their client's cases in a convenient and efficient manner. This section will explore the critical aspects of using the USCIS online case status tool for H-1B receipt number tracking and more.

Overview Of The USCIS Online Case Status Tool

The USCIS online case status tool is a valuable resource that provides real-time updates on the status of H-1B cases, including H-1B petitions. It is accessible through the USCIS official website and offers a user-friendly interface for attorneys to track the progress of their client's cases. The tool provides information on various stages of the application process, ensuring transparency and enabling attorneys to manage their client's expectations effectively.

Understanding Different Case Status Updates

The USCIS online case status tool provides various status updates that indicate the progress of an H-1B petition. These updates help lawyers understand the current stage of the application process and anticipate the next steps. Typical case status updates include "Received," indicating that the petition has been received and is being processed, "Request for Evidence (RFE)," meaning that USCIS requires additional documentation or information, and "Approved," signifying a successful outcome.

It is crucial to familiarize yourself with the different case status updates to accurately interpret the progress of an H-1B petition and respond accordingly. Each status update may have specific implications for the case, requiring appropriate action by the experienced immigration attorney.

By utilizing the USCIS online case status tool and understanding the various case status updates, immigration lawyers can effectively track the progress of their clients' H-1B petitions. This allows for timely updates to clients, proactive management of potential issues, and overall efficiency in navigating the H-1B visa application process.

Step-by-Step Guide to Check Your H-1B Status 

Step 1: Gather Your Information

To begin tracking your H-1B status check, you'll need your H-1B receipt number. This unique identifier is provided by the United States Citizenship and Immigration Services (USCIS) and can be found on the USCIS receipt notice, also known as Form I-797. If you don't have this number readily available, you can contact your employer or immigration attorney who assisted with your H-1B application for assistance in obtaining it.

Step 2: Visit the USCIS Website

Head over to the USCIS H-1B transfer Case Status Online web page by typing or clicking on Check Case Status. This official website allows you to check the status of your H-1B visa application using your unique receipt number provided by USCIS.

Step 3: Enter Your Receipt Number

Once you're on the USCIS Case Status Online webpage, locate the field labeled "Receipt Number" or "Case Number." This is where you'll input your full 13-digit H-1B receipt tracking number. It's crucial to type this number accurately to ensure you retrieve the correct status information for your client's application. Take your time and double-check the digits before submitting.

Step 4: Check Status

After entering your whole H-1B receipt number tracking into the designated field, click the button labeled "Check Status" or "Submit." This action will prompt the USCIS system to retrieve and display the current status of your H-1B petition status, providing you with the latest information on its progress thanks to the H-1B status check. 

Step 5: Review Your Status

Once you've submitted your H-1B Receipt Number tracking input and clicked "Check Status," the USCIS website will display the current status of your H-1B petition status. Common statuses you might encounter include "Case Received," indicating that your application has been received and is being processed; "Request for Evidence (RFE)," which means USCIS requires additional documentation or information to proceed with your case; "Case Approved," signaling that your H-1B petition status has been approved, or "Case Denied," indicating that your petition has been rejected. 

It's essential to fully familiarize yourself with the meaning of these statuses to understand your application's progress. The USCIS resources explain the various case statuses and their entailments, allowing you to gain a comprehensive understanding. 

Utilizing USCIS Online Accounts For Attorneys

In addition to the USCIS online H-1B transfer case status tool, immigration lawyers can further streamline the process of H-1B receipt tracking by utilizing USCIS online accounts. These accounts provide enhanced benefits and functionalities specifically designed for attorneys. This section will explore the advantages of USCIS online accounts for lawyers and the simple steps involved in creating and managing these accounts.

USCIS logo

How To Create And Manage A USCIS Immigration Attorney Account

To create an online USCIS account as an attorney:

  1. Visit the USCIS official website and navigate to the "Create an Account" page.
  2. Select the "Attorney" option when prompted to choose the account type.
  3. Provide the required information, including your personal details, Bar Association information, and contact information. 

From there, set up a username and password for your account, ensuring they meet the specified criteria. Next, complete the identity verification process, which may involve providing additional documentation. Finally, log in using your credentials to access the attorney-specific features and functionalities once the account is created.

Linking Your Clients' H-1B Petitions To Your Attorney Account

Once you have a USCIS online account as an attorney, you can link your clients' H-1B petitions to your account for streamlined case management. To attach a client's H-1B petition:

  1. Log in to your USCIS Online Account.
  2. Navigate to the "Add a Client" or similar option within your account.
  3. Enter the client's information and the H-1B receipt tracking number.
  4. Follow any additional prompts or requirements to complete the linking process.

Leveraging The USCIS Contact Center

The USCIS contact center is a valuable resource for immigration lawyers seeking H-1B receipt status updates and handling complex inquiries. By effectively utilizing this channel, attorneys can directly communicate with USCIS representatives and address specific case-related concerns. 

To ensure effective communication with USCIS representatives, it is essential to be prepared and concise in your inquiries. Clearly state the purpose of your call, provide necessary case information, and ask specific questions related to the H-1B receipt status check. Be attentive and actively listen to the representative's responses, taking notes if necessary. Maintaining a professional and respectful tone throughout the conversation fosters constructive dialogue and increases the likelihood of obtaining accurate and helpful information.

Person with headphones sitting in a desk at the USCIS contact center

Sometimes, you may encounter complex inquiries or situations requiring further assistance or escalation within USCIS. If the representative cannot address your concerns or provide the desired information, politely request to speak with a supervisor or escalate the inquiry to a higher level. 

All in all, this direct line of communication with USCIS representatives allows attorneys to gather information, provide the necessary documentation, and resolve complex inquiries, ultimately ensuring their clients a smooth and successful immigration process.

In-Depth Look at Third-Party Case Tracking

Benefits of Case Tracking Services:

  • Automated Updates. Third-party case tracking services offer automated notifications to users, keeping them informed about any changes in their case status. These updates are sent directly to the user's email or mobile device, ensuring timely awareness of progress or any requests for further action from the immigration authorities.
  • Centralized Tracking. These services provide a centralized platform for users to track all their case information in one place. Instead of navigating through multiple government websites or paperwork, users can access comprehensive updates and details about their cases conveniently from a single interface. This streamlines the tracking process and saves users time.
  • Additional Features. Some third-party case tracking services offer advanced features such as case history tracking, which allows users to review the timeline of their application progress. Additionally, communication tools may be integrated into the platform, enabling users to communicate directly with their immigration attorney or employer regarding their case status and any necessary actions. These additional features enhance the user experience and provide further convenience and support throughout the immigration process.

How Docketwise Can Help You Stay On Top Of Your H-1B Petitions

Docketwise is a comprehensive software platform designed specifically for immigration lawyers to streamline their practice and simplify the management of immigration-related cases. It provides a range of features and tools that help legal service providers efficiently handle their caseload, track essential deadlines, and collaborate with clients.

Docketwise all-in-one software for immigration law.

The software offers several features that can assist attorneys in filing and managing H-1B applications effectively. Here's how Docketwise can help attorneys with the H-1B process and H-1B receipt tracking:

  • Case management. Docketwise provides a centralized platform for attorneys to manage their H-1B cases. Attorneys can input and store client information, track case progress, and organize immigration documents and forms related to each H-1B application. This streamlines the case management process and ensures all necessary information is easily accessible.
  • Form generation. Docketwise automates the process of generating H-1B forms. The software has built-in form templates specific to H-1B applications, including Form I-129 and supporting documents. Attorneys can enter client information once, and Docketwise populates the immigration forms accurately and consistently, saving processing time and reducing the risk of errors.
  • Document management. Attorneys can securely upload and store all required documents for each H-1B application within Docketwise. This includes supporting documents such as educational transcripts, work experience letters, and employer support letters. Having all documents organized and accessible in one place simplifies document management.
  • Collaboration with clients. Docketwise provides a secure client portal where attorneys can interact with their H-1B clients. Attorneys can share documents, obtain client signatures electronically, and securely communicate with clients through the platform. This facilitates efficient collaboration, eliminates the need for physical paperwork, and ensures seamless communication throughout the H-1B process.
  • Deadline tracking. Docketwise includes a deadline-tracking feature that helps attorneys stay on top of important dates and milestones in the H-1B application process. Attorneys can set up automatic reminders for document submissions, immigration filing deadlines, and USCIS response dates. This helps to prevent missed deadlines and ensures the timely completion of H-1B applications.
  • Compliance updates. Docketwise stays up-to-date with the latest immigration laws and forms. The software is regularly updated to reflect any changes in H-1B regulations, ensuring that attorneys can access the most current information and submit applications in compliance with the latest requirements.

Overall, Docketwise simplifies filing and managing H-1B applications for attorneys. It provides a comprehensive platform for case management, form generation, VMAX tracking, document storage, client collaboration, deadline tracking, and compliance updates. By utilizing Docketwise, attorneys can enhance their efficiency, accuracy, and organization when handling H-1B applications, ultimately providing a better service to their clients.

FAQ

What is the processing time for H-1B petitions? The processing time for H-1B petitions can vary widely, typically ranging from several months to over a year. However, it's essential to understand that each case is unique, and processing times can be influenced by factors such as USCIS workload and complexity. Therefore, while a general timeframe can be provided, there may be significant variations from case to case.

How often should I check my H-1B status? You should check your H-1B status at least once a week to stay informed about any updates or changes in your application. Additionally, it's crucial to do a h1b status check after receiving notifications or updates from USCIS, such as requests for additional evidence or approval notices. Regular monitoring ensures that you are aware of developments in your case and can take necessary actions as needed.

Drawing of a group of people sitting on the word "FAQ" with the word "FAQ" in the backdrop.

What does a specific H-1B status update mean? Common H-1B case statuses and their explanations include:

  • Case Received: USCIS has received your H-1B petition and is processing it.
  • Request for Evidence (RFE): USCIS requires additional documentation or information to continue processing your H-1B petition.
  • Case Approved: Your H-1B petition has been approved, allowing you to proceed with your employment in the United States.
  • Case Denied: USCIS has denied your H-1B petition, indicating that you may not be eligible for the visa.

What should I do if my H-1B petition takes longer than expected? If your H-1B petition is experiencing delays beyond the expected processing time or if you encounter any issues, it is advisable to seek guidance from an immigration attorney. An attorney can review your case, provide personalized advice, and assist you in navigating any challenges with your H-1B application. They can also explore alternative options or appeal a denial if necessary, ensuring you receive the best possible assistance.

Final Words

In the end, tracking the status of H-1B petitions ensures client satisfaction and successful outcomes. By proactively monitoring the progress of H-1B visa petitions, addressing concerns, and providing regular updates, lawyers can foster trust, build strong client relationships, and increase the likelihood of a positive result. This comprehensive approach benefits individual clients and contributes to the overall success of immigration practices.

However, if you want to take your immigration law practice to the next level and streamline the H-1B receipt tracking process as well as the process of any other application you submit on behalf of your clients, we strongly encourage you to get in touch with our representatives and schedule a demo to see what Docketwise can do for you and your clients.

Our professional and personal lives are dominated by mobile phones and internet-based communication, traditional landlines might seem like relics of the past. Yet, for immigration lawyers, having a dedicated landline offers benefits that shouldn't be overlooked. As technology advances and the legal industry adopts more digital solutions, the reliability of a landline remains essential. 

Maintaining a dependable line of communication between immigration lawyers and their clients is absolutely crucial. It allows lawyers to quickly update clients about any changes in their case status or immigration laws, offering clarity during uncertain times. This direct communication also allows lawyers to address client worries and concerns promptly, offering reassurance and fostering trust throughout the complex immigration process.

Cell phone calls may drop, and video calls occasionally fail, whereas landlines may offer more reliable communication.

Even with the rise of modern communication methods, landlines still offer unique benefits for immigration lawyers. This article explores four reasons why maintaining a landline in 2024 remains crucial for immigration law firms. 

Landlines ensure call quality and stability

For immigration lawyers, reliable communication is a cornerstone and the main appeal of landlines is their reliable call quality and stability. Landlines provide a steadfast connection that often outshines mobile networks, particularly in areas with spotty cell reception. This reliability guarantees that crucial calls from clients, government agencies, and other stakeholders are always received, regardless of network challenges. 

Additionally, in emergencies, having a backup communication method is important. Landlines are less susceptible to network disruptions and can operate even during power outages (excluding cordless models), making them indispensable during natural disasters or other critical situations.

This reliability is essential for important client discussions and courtroom proceedings. Unlike mobile networks or internet-based services, landlines are sturdy and do not suffer from signal interference or dropped calls, ensuring smooth communication during important moments. Therefore, for immigration lawyers handling complex legal procedures and client consultations, the reliability of a landline is crucial for maintaining efficient operations and providing outstanding client service.

A dedicated business landline establishes credibility

A dedicated business landline plays a crucial role in bolstering a law firm's credibility and legitimacy. Some clients may view an immigration firm with a landline as more established and trustworthy than one relying solely on mobile phones, influencing their decision in legal representation. Reliable access to a landline could be seen as fostering trust by ensuring dependable communication channels, reinforcing clients' confidence in reaching their lawyer promptly and securely. This reliability boosts clients' trust in their legal representation, highlighting the firm's dedication to meeting client needs and fostering long-term relationships.

Landlines offer increased security

Landlines provide a secure communication advantage over mobile phones and voice-over internet protocol (VoIP) services. VoIP technology converts your voice into tiny packets of data and transmits them digitally through your internet connection, and data sent over the internet can be vulnerable. The security offered by landlines is particularly vital for law firms handling confidential legal matters.

In legal practice, meeting compliance standards is crucial, and landlines play a vital role by providing a secure platform that safeguards sensitive information from unauthorized access. Using landlines helps ensure compliance with legal and regulatory requirements, preserving confidentiality and maintaining professional standards.

Landlines can also be useful with call recording and call logging compared to mobile phones, aiding immigration law firms in accurately and securely documenting client communications. These recorded calls serve as critical documentation for legal matters and compliance audits, enhancing client protection and regulatory adherence.

Landlines can be cost-effective

Maintaining a landline is often more cost-effective over time compared to mobile phones or VoIP services, with lower monthly expenses especially advantageous for law firms handling high call volumes. This financial benefit makes landlines a practical choice, striking a balance between budget considerations and essential communication reliability.

By opting for bundled packages that combine landline and internet services tailored to the law firm's specific needs and calling patterns, communication costs can be further optimized. This approach not only saves costs but also ensures smooth business operations, effectively meeting the communication needs typical in immigration law practice.

Immigration lawyers have a wide array of tech tools to enhance their daily operations at law firms, and despite seeming "old-fashioned," a landline remains invaluable for immigration lawyers. That said, there are also good reasons to switch from a landline to a cell phone at your office.

What to look for when choosing a landline for your immigration law firm

Choosing the right phone plan for a small immigration law firm is about more than just personal preferences—it directly impacts client service and how smoothly your law firm operates. 

When choosing a landline phone service, it's essential to explore a range of options that align with your budget and operational requirements. Prioritize phone providers that offer flexibility and easy upgrades to support your firm's growth without the hassle of frequent service changes. Opting for the cheapest option may not provide all the features you need. Analyze data such as your current call volume, number of office and remote users, staff device preferences, and customer communication preferences. 

Once you understand your phone-related needs, create a wishlist of additional features that could further enhance operations, balancing them against budget considerations. To select the best phone system for your immigration law firm, start by listing essential features vital for your operations. Key features to consider include Caller ID, express conferencing, hold options, and shared message boxes. 

No matter which phone service you choose, the priority is to provide your clients with a secure and reliable method to communicate with you, their immigration lawyer.

Docketwise immigration law firm CRM and case management

Despite the prevalence of mobile and internet-based communication methods, landlines retain their critical importance for immigration lawyers. They provide reliability, security, cost-effectiveness, and improve client interactions, serving as indispensable tools in the legal profession.

Recognizing the pivotal role of efficient communication in immigration law firms, Docketwise offers a comprehensive case management platform designed to streamline processes and enhance productivity. Discover how Docketwise can empower your immigration practice by contacting us today.

If you’re ready to upgrade your immigration law firm’s case management system, consider contacting Docketwise. 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!

Practicing immigration law is undeniably demanding, filled with high-stakes cases, strict deadlines, and the emotional weight of client relations. The pressure can easily lead attorneys to feel overwhelmed, affecting their focus, decision-making, and overall health.

Mindfulness offers a transformative solution, empowering immigration lawyers to manage stress more effectively by promoting relaxation, reducing anxiety levels, and improving overall emotional well-being. This is crucial for immigration lawyers who need to maintain clarity of thought while analyzing complex legal issues, preparing applications, and advocating for their clients.

Best of all, mindfulness practice costs nothing — just a small commitment of time and dedication yields significant improvements.

In this article, we’ll explore how mindfulness can enhance your immigration law practice and offer practical, straightforward tips to integrate mindfulness into your daily routine.

What is mindfulness?

Mindfulness involves fully immersing ourselves in the present moment, free from distractions and judgments, while staying aware of our thoughts and emotions without letting them overwhelm us. A mindfulness practice helps us stay centered during challenges, leading to clearer thinking and more composed decision-making. For immigration attorneys, embracing mindfulness fosters a keen sense of present awareness, non-judgment, and acceptance, equipping you to navigate challenges and advocate more effectively for your clients.

Mindfulness goes beyond meditation sessions; it's a lifestyle that encourages us to fully engage with each moment. While it doesn't totally eliminate stress, mindfulness empowers us to manage challenging emotions and thoughts. By establishing a regular meditation practice to stay grounded in the present, we build the ability to maintain mindfulness throughout our daily lives.

Mindfulness meditation not only changes our thinking patterns but also physically alters our brains. Studies indicate that just eight weeks of regular mindfulness practice can redirect brain pathways toward more positive emotions and clearer thinking. Initially, meditation shifts brain activity from fast to slower waves, impacting areas like the medial prefrontal cortex, which deals with fear and anxiety. It also promotes the formation of new neural connections that enhance concentration and decision-making abilities. Over time, consistent mindfulness practice uses neuroplasticity to reshape the brain, strengthening areas involved in emotional regulation and learning, while reducing the size of the amygdala, which manages stress and fear responses.

With practice, mindfulness can help us sleep better, feel less anxious and depressed, and even improve our immune function. Fortunately, getting started with mindfulness is straightforward.

Five practical mindfulness techniques for immigration attorneys

Immigration attorneys can benefit from various mindfulness practices tailored to their specific needs. Here are several practical techniques to integrate into your daily routine:

Breathing Exercises: Engaging in simple breathing exercises like deep belly breathing or the 4-7-8 technique offers a quick way to alleviate stress and center your focus on the present. Spending just a few minutes on focused breathing can effectively calm both the mind and body, enabling you to approach your next task with enhanced clarity and concentration.

Body Scan Meditation: The body scan is a mindfulness technique where you systematically focus on different parts of your body, observing areas of tension or relaxation. This practice aids in releasing physical stress and fostering a sense of overall relaxation.

Mindful Listening: For immigration attorneys, attentive and non-judgmental listening is pivotal in establishing trust and understanding clients' concerns. Mindful listening entails dedicating complete focus to the speaker, refraining from mental distractions or planning responses prematurely.

Take Regular Breaks: Many overlook the importance of taking breaks, often feeling they can't spare the time in their busy schedules. Yet, research suggests that the most productive individuals follow a pattern of 52 minutes of focused work followed by a 17-minute break. This rhythm aligns with our brain's natural tendency to operate intensely for about an hour before requiring a brief period of rest — an optimal opportunity for a mindful break. To incorporate breaks into your day, consider setting a timer to prompt you hourly. Use these intervals for activities such as deep breathing, a short meditation, or a refreshing walk outside.

Practice Gratitude: We all face tough days at work. When you're feeling down at work, try engaging in a gratitude meditation. Take a moment to reflect and note one or two aspects of your job that genuinely bring you satisfaction. This practice not only helps you recognize the positives amidst challenges but also fosters a deeper appreciation for your work, even on days when things don't go as expected.

Using mindfulness techniques can greatly improve an immigration lawyer's emotional health and job performance. For example, during the busy H1B season, starting each day with a short meditation can help clear your mind before facing the day's tasks. When handling intense client meetings and meeting tight application deadlines, practicing mindful breathing can help you stay calm and focused. Mindfulness can be an essential tool for any lawyer, helping you manage the demanding workload of immigration law more effectively and resiliently.

Mindfulness is a powerful tool, but adopting a new practice is not without its challenges. 

Navigating challenges while starting a new mindfulness practice

Establishing a mindfulness practice can be tough, just like forming any new habit. Challenges like time constraints, distractions, or frustrations over staying present may arise. Remember, mindfulness is a path marked by setbacks and occasional distractions. Approach it with kindness and patience, fostering a mindset of curiosity and non-judgment. Celebrate small victories, and gently refocus whenever your mind wanders. Consistency is key, yet finding techniques that fit your lifestyle is equally crucial. Explore various methods until you find what works best for you.

In the demanding schedule of immigration law practice, maintaining mindfulness requires deliberate effort. Start by integrating short meditation sessions into your daily routine, even if just for 5-10 minutes. Take mindful breaks throughout your day, especially before or after client meetings or during transitions between tasks. These moments of mindfulness can help you maintain focus and clarity amidst the challenges of your profession.

Leveraging Docketwise can complement your mindfulness journey by simplifying workflow and alleviating administrative burdens. By utilizing its efficient case management tools, you can create mental space to remain attentive and dedicated to your clients' requirements.

Docketwise immigration law firm CRM and case management

Embracing mindfulness is a gradual journey that demands patience and commitment to establish a consistent practice. The rewards—such as reduced stress levels, heightened focus, and stronger connections with work and clients—are well worth the effort. Start now by exploring available resources and integrating mindfulness into your daily life. Your clients, colleagues, and your own well-being will all reap the rewards of this dedication.

And if you’re ready to upgrade your immigration law firm’s case management system, consider contacting Docketwise. 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!

Protecting sensitive information is crucial, especially in fields like immigration law, where keeping client data confidential is essential. At Docketwise, we’ve implemented strict security protocols in our immigration case management solution, but truly every immigration case management platform, and other applications that handle sensitive or personal information, should do the same.

An important security feature that’s regularly offered but not always used is two factor authentication (2FA). This article explores what 2FA is, why it's important for your immigration law practice, and how you can implement it to strengthen the security of your client data. Let’s get started.

What is two factor authentication?

When you log into your online accounts — called "authentication" — you're proving to the service provider that you are who you say you are. Traditionally, this has been done with a username and password. However, this approach has its drawbacks. Usernames are often easy to guess, sometimes just your email address. Meanwhile, because remembering passwords can be difficult, people tend to choose simple ones or use the same password for different websites.

That's why almost every online service—whether it's banking, social media, or Docketwise—has added extra security measures to protect your accounts. Two factor authentication, often called 2FA, boosts security by asking users to provide two different authentication factors to prove their identity.

When you log into your account for the first time on a new device or app (like a web browser), you won't just use your username and password. You'll need a second verification method—a second "factor"—to confirm your identity. This extra step adds an important layer of security beyond just your password. Typically, these factors include:

  • A password or PIN.
  • A physical device such as a smartphone, security token, or authentication app.

For example, when you log into a system with 2FA enabled, you first enter your password. Then, you'll be asked to enter a code sent to your phone or generated by an authentication app. Access is granted only after both steps have been successfully completed.

The importance of 2FA in general security practices

As cyber threats increase, relying only on passwords is no longer enough. Passwords are vulnerable to attacks like phishing, data breaches, and simple guessing. More than 80% of confirmed breaches are related to stolen, weak, or reused passwords. 

Implementing two factor authentication offers significant benefits. First, it reduces fraud risk by adding an extra layer of security. Second, 2FA reduces the risk of attacks by protecting against compromised passwords and unauthorized access, which improves user protection and strengthens security for organizations..

Integrating 2FA aligns with industry standards and regulations, including cybersecurity insurance policies and federal requirements like those from the Federal Trade Commission (FTC). Essentially, 2FA provides a straightforward yet powerful way to strengthen the security of your online accounts and systems. Activating 2FA on important accounts such as email, banking, and social media is strongly recommended to increase protection against cyber threats.

Best of all, 2FA is often already built into the software and tech tools used by your immigration law firm, meaning there are no extra costs required to activate it.

Two factor authentication reduces risks by adding an extra verification step. Even if a password is compromised, an attacker would still need the second factor to gain access. This extra layer of protection is especially important at your immigration law firm. 

Enhancing security in immigration law practice through 2FA

In immigration law, protecting client data is crucial. Immigration attorneys handle a wealth of confidential information, including personal IDs, legal documents, and case histories. The ethical and legal responsibilities to secure this data are significant.

Failing to secure client data can lead to serious consequences, including legal penalties, loss of client trust, and damage to your professional reputation. Implementing 2FA is essential in meeting your duty to protect your clients' sensitive information from unauthorized access and cybersecurity threats.

For instance, consider a scenario where a cybercriminal obtains a lawyer's password through a phishing attack. Without 2FA, the attacker could potentially access the lawyer's entire database of client data. This breach could have serious repercussions for clients, potentially exposing their immigration status or personal details without authorization. Such a breach not only jeopardizes their legal standing but also threatens their safety and privacy. However, with 2FA enabled, the attacker would also need access to the lawyer's second verification factor, like their mobile phone, greatly increasing the challenge of breaching the system.

Two factor authentication helps you comply with various legal and ethical guidelines that require strong security measures to protect sensitive data. Implementing 2FA not only safeguards your immigration law practice from threats but also demonstrates your commitment to maintaining the highest data security standards. Here is how you can implement two factor authentication at your immigration law firm.

Implementing 2FA in your immigration law practice with Docketwise

Docketwise places a strong emphasis on security, and enabling 2FA is a straightforward process within our platform. Here's how you can set it up:

  1. Log into your Docketwise account..
  2. Enable 2FA: Follow the prompts to enable Two Factor Authentication.
  3. Choose your second factor: Select whether you want to receive authentication codes via SMS, email, or an authentication app.
  4. Verify your setup: Complete the verification process to ensure 2FA is correctly configured.

With Docketwise's two factor authentication, users have three options for receiving their secure login (OTP) code: using an authentication app, receiving it via text message, or getting it through email. When setting up 2FA, you can choose any of these methods to receive your secure login code.

Integrating 2FA into your daily routine with Docketwise is simple. Our support team is here to assist you with any questions or issues you may encounter during the setup process. Additionally, educating and training your staff about the importance and how to implement 2FA ensures that everyone understands and effectively adopts these enhanced security measures.

Docketwise immigration law firm CRM and case management

Two Factor Authentication is crucial for strengthening your immigration law practice. As cyber threats evolve, protecting sensitive client data is more important than ever. Implementing 2FA enhances your defenses with an essential layer of security, preventing unauthorized access and ensuring compliance with legal and ethical standards.

At Docketwise, we're committed to providing strong security features to protect your practice. Activate 2FA today to strengthen your data security measures proactively. Your clients trust you with their most sensitive information—let's work together to keep it safe and secure.

If you’re ready to upgrade your immigration law firm’s case management system, consider contacting Docketwise. 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!

The H-1B visa is likely the best-known visa program in the US. Its popularity is mostly due to its size — almost 1.8 million H-1B visas were issued between 2001 and 2015, and USCIS received almost 500.000 eligible H-1B registrations for FY 2025. This demand, coupled with frequent media coverage, has kept the H-1B visa in the spotlight. Unfortunately, the news hasn’t always been positive. Recently, H-1Bs are back in the news as more than 100,000 employment-based green cards are set to expire soon.

Country caps combined with high demand for green cards have led to incredible wait times. And as green card backlogs continue to grow, there is an increasing demand for H-1B visa extensions. 

This is particularly relevant for Indian nationals and other foreign national groups facing extensive wait times due to country-specific caps. Fortunately, the American Competitiveness in the 21st Century Act (AC21) provides a solution for extending H-1B status beyond six years. AC21 allows for extensions in certain circumstances, ensuring that H-1B visa holders can remain in the US while their green card applications are pending.

So, what can you do when an H-1B visa holder is reaching their six-year limit? Here’s a quick refresher about the basics of the H-1B visa, how to extend H-1B visa status beyond six years, and how you can approach this problem as an immigration attorney.

stack of legal documents

Understanding the H1-B Visa 

The H-1B visa is a non-immigrant, employment-based visa that enables U.S. employers to hire foreign professionals in specialty occupations, particularly in fields like science, technology, engineering, and mathematics (STEM). These roles require a minimum of a bachelor's degree or its equivalent in the specific field. In 2024, the H-1B program has undergone updates to reduce fraud and promote fairness in the selection process. 

The annual cap remains at 65,000 visas, with an additional 20,000 for individuals holding advanced degrees from U.S. institutions. Due to the high demand, the U.S. Citizenship and Immigration Services (USCIS) uses a lottery system to select petitions, now emphasizing unique beneficiaries to prevent multiple entries for the same individual.

What is the H-1B Visa Time Limit?

The H-1B visa is initially issued for three years and can be extended for another three years, making the total maximum duration six years. However, extending the period under specific conditions we will outline below is possible.

That being said, the original, six-year period includes the entirety of the time spent in the U.S. under H-1B status. After reaching this limit, the visa holder must either switch to another visa category, leave the U.S. for at least one year before reapplying for a new H-1B visa, or pursue a green card to continue their stay and employment in the U.S.

Why is there a Six-Year Limit to the H-1B Visa? 

The six-year limit on the H-1B visa balances its temporary nature with the need to support long-term employment for foreign professionals. This time frame ensures that the H-1B program remains a temporary solution rather than a route to permanent residency. It encourages employers and employees to transition to permanent residency through the green card process for long-term employment in the U.S. The limit helps regulate the flow of foreign workers and maintains the visa's temporary status.

Provisions for Extending the H-1B Visa Beyond Six Years

Those seeking to get an H1B extension after 6 years have several options under the American Competitiveness in the Twenty-First Century Act—they can either get a single-year or a three-year extension. 

The condition of "recapture time" allows H-1B holders to add back days spent outside the U.S. to their visa duration, extending their stay. 

H1-B Extension Beyond Six Years with No Recapture Time

Even without the benefit of recapture time, H-1B visa holders can extend their stay beyond six years under certain conditions. As we’ve already mentioned, the American Competitiveness in the 21st Century Act, particularly Section 106(a), allows for extensions if 365 days have passed since the filing of the PERM labor certification or the I-140 immigrant petition. 

In cases where the I-140 petition is approved but the priority date is not current due to per-country limits, a three-year extension can be granted. These conditions enable H-1B holders to maintain their legal status while they transition from H-1B to a green card, ensuring they can continue to work and live in the U.S. even without recapturing time spent outside the country.

Criteria for One-Year H1-B Extension Beyond Six Years

H-1B visa holders nearing the six-year limit can extend their stay by one year if specific conditions are met. To qualify for this extension, a PERM application or I-140 petition must be filed at least 365 days before the H-1B visa’s expiration. For example, if a PERM was filed on April 20, 2023, and the visa expires on April 21, 2024, an extension can be requested in January 2024, allowing the holder to stay until April 2025. This process ensures that the visa holder can maintain their legal status and continue working in the U.S. while their green card application is pending.

Leveraging AC21 Provisions for H1-B Extensions

The American Competitiveness in the 21st Century Act offers vital options for extending H-1B visas beyond the six-year limit. 

As an immigration lawyer, effectively leveraging these provisions can help your clients maintain their status and plan for the future. Here's how you can advise your clients under AC21:

One-Year Extensions: Strategic Advice

  • Eligibility: Clients qualify if their PERM application or I-140 petition is filed at least 365 days before their H-1B visa expires.
  • Legal Strategy: Encourage clients to start their green card process early. Highlight the importance of timely filing to utilize the one-year extension. This can provide crucial additional time, especially if the green card process faces delays.

Three-Year Extensions: Planning Ahead

  • Eligibility: Clients can receive three-year extensions if their I-140 is approved but they cannot file for adjustment of status because their priority date is not current.
  • Legal Strategy: Advise clients on the benefits of this extension for long-term planning. Discuss the impact of country-specific caps and priority dates, and how this provision can provide stability while they wait for their green card.

Detailed Breakdown of AC21 Provisions for H-1B Extensions in 2024

We mentioned that it is possible to have an H1-B extension beyond six years. As of 2024, AC21 is vital for extending H-1B status beyond the typical six-year limit. 

Under Section 104(a) of the AC21, H-1B holders with an approved I-140 immigrant petition, who face visa number limits, can receive one-year extensions. Additionally, Section 104(c) allows three-year extensions if the I-140 is approved but no visa is available due to backlogs. 

Employers must file Form I-129, including proof of the approved I-140 and visa backlog, ideally six months before the current status expires to prevent employment gaps. Section 105 offers portability, allowing H-1B holders to change employers while an extension is pending, provided the new employer files a concurrent H-1B petition. Section 106 permits one-year extensions if a labor certification or I-140 has been pending for at least 365 days before the six-year cap. 

These can continue as long as the green card process is active. H-1B holders can also recapture time spent outside the U.S. to extend their visa duration by reclaiming days spent abroad, with detailed travel records required. Special provisions align H-4 dependents’ stay with the principal H-1B holder’s extended status and allow concurrent employment for H-1B holders under separate petitions. Recapture rules enable the addition of days spent outside the U.S. to the six-year limit, supporting frequent travelers and potentially resetting the clock for a new six-year term upon reentry. 

Standard H-1B extensions are limited to an initial three-year period plus one three-year extension, based solely on employment. In contrast, AC21 H1-B extensions go beyond six years, tied to the green card process, with flexibility for job changes and continuous employment. This promotes job mobility and aligns with long-term employment and residency goals, offering strategic advantages for H-1B holders seeking permanent residency in the U.S.

Below we will take a look at the components of AC21 including AC21 sections 106(a) and (b) as well as section 104(c).

AC21 Section 104(c) 

AC21 Section 104(c) allows H-1B visa holders to extend their status in three-year increments beyond the six-year limit if they have an approved I-140 petition and are unable to file for adjustment of status due to per-country visa number limits. This provision ensures that H-1B workers can remain in the U.S. while waiting for their priority dates to become current, providing stability and continuity in their employment.

AC21 Section 106(a) 

AC21 Section 106(a) permits one-year extensions of H-1B status if 365 days or more have passed since the filing of a labor certification (PERM) or an I-140 petition. AC21 106(a) allows H-1B holders to extend their stay year by year while their green card applications are being processed, helping them avoid gaps in legal status and employment.

AC21 Section 106(b)

AC21 Section 106(b) provides further assurance by stating that one-year extensions must be granted as long as the conditions of Section 106(a) are met. This means that as long as the labor certification or I-140 has been pending for over a year, the H-1B status can be extended until a final decision on the green card application is made.

Who is Eligible to Extend Their H-1B Visa Beyond Six Years with AC21?

A person is eligible for an AC21 H-1B extension if:

  1. Their employer has filed a PERM application or an I-140 petition at least 365 days before the end of the six-year period.
  2. They have an approved I-140 but cannot file for adjustment of status due to per-country caps.

H-1B holders can maintain their legal status in the U.S. while going through the lengthy H-1B visa to green card process, thereby providing greater job security and planning stability for both employees and employers​.

Practical Considerations and Recommendations

For immigration attorneys advising H-1B visa holders and employers, it's crucial to emphasize the importance of timely filing and maintaining continuous employment to ensure extension eligibility. Strategic planning is vital, particularly when dealing with pending PERM applications or approved I-140 petitions, to avoid any gaps in status.

Regular consultations with immigration attorneys are recommended to provide personalized guidance, helping to navigate complex scenarios such as changes in employment or handling visa backlogs effectively.

Practice Tips: Navigating H-1B Visa Extensions Beyond Six Years

As you begin the process of filing extensions under AC21, here are three action items that can help you better support your H-1B clients:

  1. Educate Your Clients: Clarify the H-1B process, especially for extensions beyond six years. Explain the eligibility for one-year and three-year extensions under AC21, focusing on PERM applications or I-140 petitions filed at least 365 days before the end of the sixth year.
  2. Strategic Filing and Planning: Encourage clients to file for extensions early to avoid status gaps. You can also track the H-1B petition status of your client directly through USCIS or your immigration software of choice. Highlight the importance of continuous employment and proactive planning, especially for those with pending PERM or approved I-140 petitions.
  3. Consultation with Immigration Attorneys: Recommend regular legal consultations to navigate H-1B extension complexities. Personalized advice can address specific situations, such as job changes or visa backlogs, ensuring compliance and successful extensions.

Docketwise Can Help Your Immigration Law Firm Navigate H-1B Visa Extensions

Thousands of green card applicants are facing extended wait times for permanent residency, but filing an extension under AC21 is an often essential maneuver to ensure that your clients’ H-1B visas don’t expire while they are waiting. If you’re just getting started with H-1B visas, or you’ve done a few in the past and are building up your practice, you’ll want forms and case management software that helps your firm scale production and realize efficiencies.

And H-1B E-Filing with Docketwise is a breeze.

Docketwise enables thousands of immigration attorneys to streamline their practices, including attorneys who handle H-1B visas. With our business immigration case management features, we help you stay up to date on all your cases, communicate easily with your clients, and otherwise build and manage your firm. If you want to learn more about Docketwise, schedule a demo at the link below, or sign up for our Immigration Briefings newsletter for daily and weekly immigration updates!

E-Verify is a web-based system operated by the U.S. Department of Homeland Security (DHS) in collaboration with the Social Security Administration (SSA). This system enables employers to confirm the employment eligibility of their employees by electronically comparing the information provided on an employee's I-9 immigration and employment verification with DHS and SSA records.

For employers, E-Verify is an invaluable tool for ensuring compliance with U.S. immigration laws, significantly reducing the risk of penalties associated with hiring unauthorized workers. By verifying that individuals are legally authorized to work in the United States, employers can maintain a lawful and secure workforce. 

In this blog post, we will answer: 

  • What is E-Verify used for?
  • Who is required to use E-Verify?
  • Do employers have to use E-Verify?
  • Is E-Verify mandatory?
e-verify banner

What is E-Verify Used For?

As established, E-Verify is used to verify the employment status of new hires (not their immigration status). It plays a significant role in the hiring process for employers, particularly those with federal contracts or operating in states that mandate its use. 

By ensuring that employees are authorized to work, E-Verify helps businesses adhere to legal requirements and uphold the integrity of their workforce​​.

E-Verify is beneficial for:

  • Immigration lawyers: E-Verify is an important system for immigration lawyers advising clients on employment eligibility and compliance with immigration laws. It helps lawyers ensure that their clients, whether employers or employees are following proper procedures and adhering to legal standards.
  • Aspiring U.S. Citizens: For individuals seeking U.S. citizenship, maintaining a clean employment record is essential. E-Verify provides a straightforward method for demonstrating lawful employment, which can be beneficial in immigration proceedings.
  • Employers: E-Verify offers a reliable and efficient means for employers to confirm that their hires are authorized to work in the U.S. This helps avoid the legal and financial repercussions of employing unauthorized workers and supports a fair hiring process​ ​.

Why Does E-Verify Matter for Immigration?

E-Verify helps employers verify the employment eligibility of their new hires by cross-checking information from an employee’s I-9 form against records in DHS and SSA databases. This system is designed to prevent the hiring of unauthorized workers and ensure that all employees are legally eligible to work in the U.S. By using E-Verify, employers can avoid legal penalties associated with employing unauthorized workers and demonstrate good faith compliance with immigration laws​.

Also, the use of E-Verify helps to reduce document fraud and protect jobs for legally authorized workers. The system helps identify and reject fake documents, which has been a significant issue in the past. By ensuring that only individuals who are legally permitted to work are hired, E-Verify helps maintain fair competition in the job market and protects the rights and opportunities of legal workers

But to give you a better picture, let’s explore the implications for both immigration lawyers and immigrants.

Implications for Immigration Lawyers

E-Verify's significance lies in its legal implications and the necessity to navigate varying state laws regarding its mandatory use (in certain states). Lawyers must stay informed about specific state requirements, such as those in Florida, which have stringent E-Verify mandates. Understanding these regulations is crucial for advising clients accurately and ensuring their compliance with both federal and state laws​.

Impact on Immigrants

For immigrants, understanding how E-Verify works is essential for maintaining employment and legal status in the U.S. The system checks various categories of workers, and any discrepancies must be promptly addressed to avoid job termination.

Non-citizens need to ensure their documents are accurate and up to date to pass the verification process smoothly. Addressing Tentative Nonconfirmations (TNCs) quickly is vital to prevent employment issues​.

How Does E-Verify Work?

  1. Enrollment

To enroll in E-Verify, employers must first register online. This process begins with the provision of essential company information, such as the Federal Tax ID number, the hiring locations where E-Verify will be used, and the number of employees at those locations. Employers also need to indicate if they are federal contractors since they are required to use E-Verify for employees working on federal contracts.

During the registration process, employers must sign the E-Verify Memorandum of Understanding (MOU). This document outlines the terms and conditions of participation in the E-Verify program. Additionally, employers must designate at least one program administrator who will be responsible for managing the E-Verify process, including setting up and overseeing the E-Verify accounts.

Once enrolled, the next step involves the completion of Form I-9 for all new hires. This form collects basic information from employees, such as their name, date of birth, Social Security number, and U.S. citizenship status. Employees must present supporting documents from the lists of acceptable documents outlined in Form I-9, which the employer must then verify. Employers enter this information into the E-Verify system within three business days of the employee's start date. The E-Verify system then cross-references the submitted information with records from the DHS and the SSA.

  1. Verification Process

After an employee completes Form I-9, the employer inputs the provided information into the E-Verify system. This system checks the data against records from DHS and SSA to confirm employment eligibility. If the submitted information matches the records, E-Verify returns a result of "Employment Authorized," and the case is automatically closed.

However, if there is a discrepancy between the employee’s information and the government records, E-Verify issues a Tentative Nonconfirmation (TNC). In this scenario, the employer must inform the employee of the TNC result, providing them with a Further Action Notice that explains the discrepancy and outlines the steps the employee must take to resolve it. Employees have eight federal working days to contact the appropriate agency—either SSA or DHS—to contest the TNC and resolve the issue by providing any necessary documentation.

If the discrepancy is resolved, the case will be updated to "Employment Authorized." If the issue is not resolved within the specified timeframe, the case will result in a "Final Nonconfirmation," at which point the employer may terminate the employee’s employment based on this outcome​.

  1. Handling Tentative Nonconfirmation

When a TNC result occurs, employers are required to promptly notify the affected employee. This notification involves providing the employee with a Further Action Notice, which details the reasons for the TNC and the steps the employee needs to follow to contest the result. Employees then have eight federal working days to contact the relevant agency (SSA or DHS) and resolve the issue by presenting any additional required documentation.

During this period, employers must refrain from taking any adverse actions against the employee, such as termination or suspension, based solely on the TNC result. The employee must be allowed to continue working while the discrepancy is being resolved.

If the employee successfully resolves the mismatch, the E-Verify case will be updated to "Employment Authorized." If the employee fails to resolve the issue within the allotted time, the case will be closed with a "Final Nonconfirmation." At this point, the employer is permitted to terminate the employee’s employment based on the E-Verify result.

This structured process ensures that employees have a fair opportunity to address any discrepancies in their employment eligibility records while providing employers with a clear protocol to follow in maintaining a legally compliant workforce​​.

Do Employers Have to Use E-verify?

Now, you might be wondering, do employers have to use E-Verify? While it's not mandatory for employers in certain areas, some may be required to use it by law. On the other hand, for employees, E-Verify offers a streamlined verification process that quickly confirms their eligibility to work.

E-Verify Case Results and State Requirements

When an employer submits an employee's information through E-Verify, the system generates one of several possible case results, each indicating the status of the employee's work authorization.

list of e-verify case results

Employment Authorized: This result indicates that the employee’s information matches the records held by the DHS and the SSA, confirming the employee's eligibility to work in the United States.

E-Verify Needs More Time: In some cases, the system requires additional time to verify the employee's information. This might occur if the initial verification cannot immediately confirm the employee’s status.

Tentative Nonconfirmation: This result occurs when there is a discrepancy between the information provided by the employee and the government records. The employee must take specific steps to resolve this discrepancy. The employer must notify the employee of the TNC result and provide instructions for contesting it.

Case in Continuance: If the employee has contacted SSA or DHS to resolve a TNC, but more time is needed to complete the verification process, the case status will be updated to "Case in Continuance." The employee is allowed to continue working during this period.

Close Case and Resubmit: This result indicates that there was an issue with the information entered, such as incorrect data. The employer must close the current case and create a new one with the correct information.

Final Nonconfirmation: If the employee’s work eligibility cannot be confirmed after attempting to resolve a TNC, the case result will be updated to "Final Nonconfirmation." The employer is then required to terminate the employment to comply with the most important E-Verify requirements​.​​ 

E-Verify State Requirements

Employers often wonder “Is E-Verify required in the various jurisdictions where they operate?”, as the answer can vary. 

Mandatory States: Several states mandate the use of E-Verify for all or most employers. These states include Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, and Utah. Employers in these states must verify the employment eligibility of all new hires using E-Verify.

Public Employers Only: Other states require E-Verify only for public employers and contractors. This includes states like Colorado, Idaho, Indiana, Michigan, Minnesota, Missouri, Nebraska, Oklahoma, Pennsylvania, Texas, Virginia, and West Virginia. In these states, the requirement applies specifically to government entities and contractors working on public projects.

Local Mandates: In addition to state-level requirements, some local jurisdictions have their own E-Verify mandates. For instance, Denver in Colorado and various counties in Michigan require the use of E-Verify for specific types of employment. These local mandates may apply to certain industries or types of employers, adding another layer of compliance for businesses operating in these areas​​.

E-Verify Requirements by State

Mandatory E-Verify States (For All Businesses)

 The following states require all businesses to use E-Verify for verifying employment eligibility:

  • Alabama
  • Arizona
  • Florida
  • Georgia
  • Louisiana
  • Mississippi
  • North Carolina
  • South Carolina
  • Tennessee
  • Utah

States with Requirements for Public Employers to Use E-Verify

 In these states, public employers are mandated to use E-Verify:

  • Colorado
  • Idaho
  • Indiana
  • Michigan
  • Minnesota
  • Missouri
  • Nebraska
  • Oklahoma
  • Pennsylvania
  • Texas
  • Virginia
  • West Virginia

States with Local/Municipal Requirements for E-Verify

 Certain local or municipal areas within these states have specific E-Verify requirements:

  • Colorado:some text
    • Denver
  • Florida:some text
    • Hernando County
    • Bonita Springs
  • Michigan:some text
    • Ingham County
    • Macomb County
    • Oakland County
  • Missouri:some text
    • O’Fallon
  • Nebraska:some text
    • Fremont
  • Washington:some text
    • Hoquiam
    • Pierce County
    • Woodland

Benefits of Using Docketwise for I-9 Form and E-Verify Compliance

Docketwise offers a range of benefits for managing immigration forms I-9 and E-Verify compliance. Lawyers can expect to boost their processes with the help of:

  • User-Friendly Interface: The platform’s intuitive design simplifies the form completion process, making it accessible for users with varying levels of technical expertise.
  • Comprehensive Case Management: Docketwise provides tools for invoicing, calendaring, secure messaging, task management, and case tracking, which help law firms manage their cases more effectively.
  • Enhanced Productivity: By automating routine tasks and providing real-time updates, Docketwise allows lawyers and businesses to focus more on strategic activities rather than administrative tasks.
  • Multilingual Support: The platform supports multiple languages, making it easier for clients from diverse backgrounds to complete necessary forms and questionnaires.

If you were wondering what is E-Verify used for now you have your answers. E-Verify is a critical tool for ensuring employment eligibility and maintaining a legal workforce. Leveraging technology, such as Docketwise, enhances the efficiency and accuracy of the E-Verify process, ensuring businesses remain compliant with legal requirements. 

This not only helps in adhering to regulations but also supports a fair and equitable workplace. For a detailed overview of how Docketwise can benefit compliance processes, refer to Docketwise's blog post.

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Saja Raoof, Founder and Principal
Saja Raoof, Inc. Law Corporation
“Docketwise is the fourth immigration software I've used in my career. None come close. It's everything I'd wished for in an immigration forms software. Law offices would be well-served to at least give it a try. I've already enthusiastically recommended Docketwise to several colleagues.”
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Shahzad Khan, Principal Attorney
Shahzad R, Khan Legal, PLLC
“This product has increased my law firms productivity ten fold. Before I used to do forms on my own from the USCIS website. Using Docketwise, has caused me to give up paper questionnaires and keeps me from inputting information directly into forms.”
Sandy Yeung - Yeung Law Office, LLC
Anna Ernest, Managing Attorney
Ernest Law Group, PLC
“I am extremely pleased with Docketwise. This software streamlined my Immigration practice and enabled me to process more cases in less time. Clients (and my staff) love how "user friendly" this software is. Definitely a great value for the money.”
Mohammed Ali Syed, Founder and Principal
Mohammed Ali Syed, Founder and Principal
Syed Law Firm, PLLC
“Hands down the best solution for a busy immigration practice. The interface is very user friendly and intuitive. There are lots of cool features that make handling a large volume of cases and ensuring accuracy a lot easier. The customer service is phenomenal.”
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