MVP “Immigration Q & A Forum” – 10/31/25

1. My company’s attorney filed an extension of status petition with USCIS on my behalf. Based on the $100,000 Presidential Proclamation, I should be fine, right? Meaning I should not be subject to this $100,000 tax?

 On September 19, 2025, the President issued a Proclamation to allegedly reform the H-1B nonimmigrant visa program by requiring a tax/tariff to participate. Initially after waiting for several days to obtain clarity on the proclamation, the following information was provided re the effect of this proclamation on H-1B extensions from within the U.S: If the petition is a change of status to H-1B, extension of H-1B status or change of H-1B employer for an individual physically present in the U.S., the proclamation does not apply. However,  as of October 20, 2025, USCIS has now indicated that if a change of status to H-1B, extension of H-1B status or change of H-1B employer, or H-1B amendment is filed and denied, those applicants will become subject to the proclamation as they will be referred for Consular Processing rather than issued an I-94 record.

It is imperative that each new H-1B filing, filed from within the U.S. with the applicant present in the United States, whether a change of status, extension of status, transfer to a new employer, or amended filing be thoroughly analyzed to ensure there are no status violations, no maintenance of status issues, no criminal issues, or other problems that could result in a denial of the case thus making an H-1B applicant who is present in the U.S. subject to the $100,000 tax.

 

2. I have several traffic citations over the last 9 years. I will be eligible to file for Naturalization in two (2) months. Can I file in two months or should I wait? I’ve already spoken with a few Attorneys and am hearing conflicting responses.

 Effective August 15, 2025, USCIS is now applying a rigorous, holistic, and comprehensive Good Moral Character evaluation standard rather than just an absence of wrongdoing. This means that in addition to establishing that you have not done anything wrong/outside of the normal reasonable person standard, you will need to prove that you are a good contributing member of society. USCIS is looking at the following factors: sustained community involvement and contributions in the U.S.; family caregiving, responsibility, and ties in the U.S.,; educational attainment; stable and lawful employment history and achievements; length of lawful residence in the U.S.,; compliance with tax obligations and financial responsibility in the U.S. Additionally, USCIS believes the following are disqualifying behavior or actions:  Any other acts that are contrary to the average behavior of citizens in the jurisdiction where aliens reside. These could be actions that, while technically lawful, may be inconsistent with civic responsibility within the community, such as reckless or habitual traffic infractions, or harassment or aggressive solicitation. Before providing an outright denial of your eligibility to file in two months, it is imperative that you speak with an experienced Immigration Attorney to analyze your traffic citations along with any and all positive factors.

 

3. We need to renew our EAD based on the filing of our I-485 which is still pending with USCIS. I heard that our EAD’s will no longer be automatically extended for 540 days upon the filing of a renewal petition. Is this true?

 Yes, this is true. Effective October 30, 2025, USCIS will no longer automatically extend an Employment Authorization upon the timely filing of a renewal application. It is imperative that your EAD renewal is timely filed, as you are able to file your EAD up to 180 days prior to its current expiration. One of the main reasons why the automatic extension of EAD came about was because the USCIS was not able to process renewals in a timely manner even if filed 180 days prior to expiration. The automatic extension allowed individuals to remain employment authorized so they could continue working, pay their bills, provide for their families and be contributing members to society and the U.S. economy. This is a devastating decision on the part of the USCIS which is going to cause significant disruption to U.S. businesses and the overall economy in general. This will be challenged in court.

 

4. What does this new GMC standard for Naturalization require?

 Effective August 15, 2025, USCIS is now applying a rigorous, holistic, and comprehensive Good Moral Character (GMC) evaluation standard rather than just an absence of wrongdoing. This means that in addition to establishing that you have not done anything wrong/outside of the normal reasonable person standard, you will need to prove that you are a good contributing member of society. USCIS is looking at the following factors: sustained community involvement and contributions in the U.S. (i.e., involvement in the Parent Teacher Association, involvement in social organizations, involvement in community service organizations, donations made to charitable organizations, etc.); family caregiving, responsibility, and ties in the U.S., (i.e., childcare responsibility and involvement, paying child support/alimony, existing family in the U.S., etc.); educational attainment (i.e., degree and transcripts, certifications, etc.); stable and lawful employment history and achievements (i.e., letter from employer, pay statements, 401k statement, etc.); length of lawful residence in the U.S.,; compliance with tax obligations and financial responsibility in the U.S. (i.e., submission of tax returns, proof of tax payment plans and compliance with those payments if applicable, credit report, etc.). Link to USCIS GMC policy: https://www.uscis.gov/sites/default/files/document/policy-alerts/08.15.2025-Restoring_a_Good_Moral_Character_Evaluation_Standard_for_Aliens_Applying_for_Naturalization-Policy_Memorandum_FINAL.pdf

 

You should speak with an experienced Immigration Attorney prior to filing Form N400, Application for Naturalization with USCIS.

 

5. I lost my Advance Parole document; it was valid for the next 5 years. Can I get a replacement?

Yes, you can certainly request a replacement Advance Parole on Form I-131; however, it carries a USCIS filing fee of $630.00 made payable to US DEPARTMENT OF HOMELAND SECURITY.

 

6. I was released 30 days ago from my company due to budget cuts. I am on H-1B and the government is still shutdown, I need more time to secure another job. I’ve been submitting applications and interviewing with new employers but haven’t landed anything yet. What if the shutdown continues beyond my 60 day grace period, what can I do?  I need more time.

Assuming for purposes of responding to this question that you still have sufficient time remaining in your discretionary 60-day grace period and your I-94 remains valid, you do have the option of filing a change of status petition (Form I-539) from H-1B to B2 Visitor. You should include evidence of your efforts to secure a new job opportunity, along with proof of the maintenance of your prior H-1B status, i.e., your pay statements from your H-1B employment. 

 

7. How many questions must I get right during the interview to pass a Naturalization test?

You must answer at least 12 of the 20 questions asked correctly in order to pass the Civics requirement of the Naturalization process. Once 12 questions are answered correctly, the civics portion of the test would end. Prior to the change effective October 20, 2025, you only needed to answer 6 of the 10 questions asked correctly in order to pass the Civics requirement of the Naturalization process. Once 6 questions were answered correctly, the civics portion of the test ended. Link to new Naturalization civics test: https://www.uscis.gov/citizenship-resource-center/naturalization-test-and-study-resources/2025-civics-test

 

8. How do we increase our chances of our candidate’s registration being selected next year in the H-1B CAP?

Offer them a higher wage. The random lottery selection process is likely to turn into a weighted lottery selection process. The weighted lottery selection process is likely to flow as follows: those who file with a level 4 prevailing wage will receive 4 chances of being selected, those who file with a level 3 prevailing wage receiving 3 chances of being selected, those who file with a level 2 prevailing wage receiving 2 chances of being selected, and those who file with a level 1 prevailing wage receiving 1 chance of being selected. 

 

9. I do not have any criminal issues, and I believe I meet all other eligibility requirements for the Naturalization process. What else am I missing?

Effective August 15, 2025, USCIS is now applying a rigorous, holistic, and comprehensive Good Moral Character evaluation standard rather than just an absence of wrongdoing. This means that in addition to establishing that you have not done anything wrong/outside of the normal reasonable person standard, you will need to prove that you are a good contributing member of society. USCIS is looking at the following factors: sustained community involvement and contributions in the U.S.; family caregiving, responsibility, and ties in the U.S.,; educational attainment; stable and lawful employment history and achievements; length of lawful residence in the U.S.,; compliance with tax obligations and financial responsibility in the U.S.

Effective August 22, 2025, USCIS has reinstituted personal investigations of applicants applying for naturalization. This process was discontinued back in 1991 and the current Administration has resumed this requirement. The USCIS is looking for testimonial letters from neighbors, employers, co-workers, and business associates who know the applicant and can provide substantiated information about the applicant. Link to USCIS Personal Investigations policy: https://www.uscis.gov/sites/default/files/document/policy-manual/PM-602-0189_INA335.pdf

Effective October 20, 2025, USCIS has implemented a new Naturalization test. There are a total of 128 questions (previously there were 100 questions). During the test, you are now required to answer at least 12 of the 20 questions asked correctly (previously you needed to answer at least 6 of the 10 questions asked correctly).

The requirements for Naturalization have changed substantially. It is imperative that you work with a qualified Immigration Attorney to prepare and submit the strongest Naturalization petition to USCIS.

 

10. With increased worksite enforcement on the rise, as a new business, I want to ensure that my staff, particularly, my HR have a full understanding of the Form I-9 process, and how to inspect documents, how to fill out the Form I-9, etc. Is there a resource that you can recommend that could help us get acclimated? 

Yes, the USCIS I-9 Employer Handbook is an excellent and recommended resource.