Since the new administration took office nearly 60 days ago, significant shifts in immigration policy have emerged. Stricter border controls, heightened visa scrutiny—including an increased level of scrutiny for applicants who have previously renounced U.S. citizenship—and new registration requirements are now impacting both visa holders and lawful permanent residents. As enforcement efforts intensify, individuals face increased risks of delays, denials, and even removal from the United States.
H-1B Compliance Scrutiny and Fraud Prevention
The Kentucky Consular Center (KCC) has intensified its scrutiny of approved H-1B cases, even when no apparent issues are present. As part of this initiative, KCC has been contacting consulting companies to verify details related to H-1B approvals. This increased oversight reflects broader efforts to detect potential fraud, and petitioners should expect additional verification and follow-ups. With the FY26 H-1B registration period ongoing, petitioners and beneficiaries are strongly advised to ensure all submitted information is accurate to mitigate the risk of future compliance concerns or findings of misrepresentation.
Increased Scrutiny of H-1B Visa Holders and Green Card Holders
In line with tighter immigration policies, both H-1B visa holders and green card holders are now facing heightened scrutiny. Recent enforcement actions underscore this focus, particularly on individuals believed to be involved in activities deemed contrary to U.S. interests.
For example, a green card holder from Columbia University was recently arrested by ICE in New York City for supporting Palestinian activities and criticizing Israeli policies. Similarly, an H-1B visa holder from Brown University was detained and deported after authorities discovered photos sympathizing with Hezbollah's leader on her phone. In another instance, a German green card holder was detained at Boston Logan International Airport on March 15 for providing false information and now faces deportation.
E-2 Visa Interview Changes at the U.S. Embassy in London
The U.S. Embassy in London has introduced new procedures for E-2 visa interviews, which may now extend up to 30 minutes. These in-depth interviews focus on various aspects of the applicant's business, such as financials, operations, roles, and long-term plans. Applicants may also be questioned about why a U.S. worker cannot perform the proposed duties, as well as the potential profitability of their business and future plans for a green card application. These changes, aligned with the "Buy American Hire American" policy, could result in inconsistent adjudications. Applicants facing refusals may also experience impacts on their future ESTA eligibility.
New Foreign Alien Registration Requirements
Following an executive order signed on January 20, U.S. Citizenship and Immigration Services (USCIS) has introduced new registration requirements for certain foreign nationals. An interim final regulation (IFR) has been published to guide the implementation of these requirements.
Foreign nationals who have already undergone fingerprinting or identity verification—such as green card holders, EAD card holders, and individuals who have submitted forms like I-485—are not required to re-register. However, those who have not completed these processes, including individuals who entered the U.S. unlawfully, must now register. This requirement applies to foreign nationals planning to stay in the U.S. for more than 30 days, including certain minors.
Foreign nationals are encouraged to review these new requirements carefully to ensure timely registration and avoid potential penalties, which may include fines of up to $5,000 and/or imprisonment for up to six months.
For inquiries regarding admission to the United States, please contact our office to schedule a consultation and receive tailored guidance on your case.
