Trump Administration Proposed Travel Restrictions
Overview
An internal Trump administration proposal lists the following countries whose citizens could face restrictions on entering the U.S. Some countries may change in any final order.
Latest News
Rajiv S. Khanna Featured on ET Podcast Discussing Trump's 'Gold Card' Immigration Policy
Rajiv S. Khanna, Managing Attorney at Immigration.com, recently joined Neil Ghai and Prachi Verma on the Morning Brief Podcast by the ET Bureau. Alongside Sukanya Raman, Country Head of Davies & Associates, and David Lesperance, Managing Director of Lesperance & Associates, Mr. Khanna discussed the sharp contrasts between the established EB-5 visa program and Donald Trump's 'Gold Card' immigration policy.
H-1B working remotely from India
Question details
I received my H-1B visa in September 2022 and worked at my company’s Scottsdale, Arizona office until March 2024. Since then, I have been working remotely from India for the same company and role. My H-1B visa is set to expire in September 2025.
I have a few questions regarding the extension process:
1. Does my employer need me physically in the U.S. to apply for my H1B extension?
2. If yes, what alternatives are available for my employer to apply while I am abroad?
3. Given that my visa expires in September 2025, when should I start the extension process at the latest?
FAQ Transcript
No, your employer does not need you to be physically in the U.S. to apply for your H-1B extension. You can start the extension process up to six months before your H-1B expires, which means you can apply as early as March 2024 for a September 2025 expiration.
Visa Bulletin For April 2025
Number 1
Volume XI
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during April for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Agency
Green Card
Immigration Law
Should I maintain my H-1B during I-485/AOS pendency?
Question details
I hold an H1B Visa, and it is time for an extension. At the same time, I applied for my I-485 a few years ago, and I recently renewed my EAD, which is valid for 5 years. My priority date is June 2013. At this time, I am a bit confused about whether to move on to EAD or if I should continue to extend my H1B. If, for any reason, my H1B extension goes wrong, will I still be able to use my EAD? Thank you always for your support.
FAQ Transcript
You should maintain your H-1B while your I-485 (AOS) is pending. If something goes wrong with your I-485, you could end up without legal status or work authorization, creating complications. Keeping your H-1B (or L-1) active provides a backup. While your spouse can use an EAD, losing their status is less risky than the primary applicant losing theirs.
Recording for March 06, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs: Should I maintain my H-1B during I-485/AOS pendency? || H-1B and I-140: Moving to India & Future Return to the U.S .|| H-1B working remotely from India
H-1B specialty occupation for MS in UX Design (STEM)
Question details
I hold an MBA (non-STEM) and an MS in UX Design (STEM) both from US universities. My role blends managerial duties with design expertise, and my career goals include executive positions in the design domain. How does this dual specialization impact my H1B case, particularly regarding the "specialty occupation" criteria? Are there any nuances I should be aware of?
FAQ Transcript
Yes, it is possible to get an H-1B for UX design, but it depends on how your job is classified. UX design can fall under multiple fields, such as computer science, graphic design, ergonomic engineering, human factors design, or industrial psychology.
To qualify for an H-1B, your role must clearly require a specialized degree in a related field. Work with your lawyer to determine the best classification based on your job duties and educational background. Careful planning is essential to ensure a strong case.
Can I delay using an H-1B visa to utilize the STEM extension period?
Question details
I am in my first year of OPT and eligible for a STEM extension. If selected in the H1B lottery on the first attempt, can I delay activating my H1B to fully utilize my STEM OPT? Would this be advisable, and what are the potential benefits or risks?
FAQ Transcript
If you have time left on your STEM OPT but have won the H-1B lottery, you can technically opt for H-1B consular processing and continue using your STEM OPT. However, since 2023, this approach has become riskier.
The safer option is to proceed with an H-1B change of status. If you delay the H-1B activation and later face job loss, transferring the H-1B could be more complicated. While consular processing is still possible, it carries uncertainties. If it were my case, I would choose the change of status for a more secure transition.
Can an H-1B holder start a company with a full-time job?
Question details
As per the new 2024 H1B Rules, can an H1B holder start a company with 100% ownership (possibly working on out-of-office hours/weekends) while holding a full-time job at another company?
FAQ Transcript
Yes, an H-1B holder can start a company while maintaining a full-time job, but there are key conditions:
- Concurrent H-1B: You must file for a concurrent H-1B for your own company.
- Ownership: You can own 100% of the company; USCIS allows majority ownership.
- Job Role: At least 51% of your work must be in your H-1B specialty (e.g., software development), not just as a CEO.
- Salary & Compliance: Your company must pay you a prevailing wage and follow all standard H-1B rules.
While legally possible, the process is complex and must be carefully structured to meet all H-1B regulations.
Recording for February 20, 2025, Conference Call with Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Green Card
FAQs:
1. Can I volunteer with a Non-Profit while on any temporary visa (for example, F-1 OPT)?
2. Options after layoff on approved EB-1 - Compelling circumstances EAD and GC EAD conversion
3. NIW I-485 rejected: Refiling options and priority date usage?