Pabian Law Quarterly Update (Year-Round Immigration Issues) – May 2025

We hope that this inaugural Pabian Law Quarterly Update (Year-Round Immigration Issues) finds you well. We are excited to share the Pabian Law Quarterly Update for May 2025, providing information on different immigration pathways, government and regulation changes, trends, alerts, and other pertinent changes.

Please read on for information about the following topics:

• Spotlight on the O-1 Visa: An Option for the Best and Brightest
• What You Need to Know About the Trump Administration’s New Immigration Registration Requirement
• From Job Offer to Green Card: Understanding Employment-Based Immigration

Spotlight on the O-1 Visa: An Option for the Best and Brightest

For employers in the hospitality industry, attracting world-class talent is essential to delivering exceptional guest and member experiences. The O-1 visa offers a unique opportunity to bring in nationally or internationally recognized professionals who have achieved distinction in their fields. This visa is intended for top-tier professionals across a variety of industries, including hospitality. As a result, it may apply to seasoned general managers of award-winning resorts, elite golf or tennis instructors with extensive coaching credentials, and world-renowned chefs whose culinary artistry earns global acclaim. If an individual’s reputation, awards, or achievements sets them apart in their profession, the O-1 visa could be a powerful tool for bringing that exceptional talent to your team. Below, we will explain how the O-1 visa works and how it can help your organization recruit top talent from around the world.

The O-1 visa is not for individuals who are simply good at what they do. Rather, it is for recognized leaders, innovators, or performers with a proven track record of success. It is reserved for a small percentage of people who have risen to the very top of their field. To qualify, a person must demonstrate sustained national or international acclaim. In other words, they need consistent recognition for excellence over time. To be eligible for the O-1 visa, the professional must have a job offer from an employer for a position that aligns with their career history and must meet at least 3 out of 8 criteria established by U.S. immigration authorities:

• Awards: Won major nationally or internationally recognized awards for excellence in their field.
• Memberships: Is a member of professional associations that require outstanding achievements to join.
• Published Material: Has been featured in professional or major trade publications, newspapers, or media for their work.
• Judging: Has served as a judge of others in their field — in competitions, panels, or award committees.
• Original Contributions: Made original, significant contributions to their field, like a unique coaching method or innovative culinary technique.
• Authorship: Written articles, papers, or books that have been published in major media or professional journals.
• High Salary or Compensation: Earns a high salary or compensation compared to others in the field.
• Critical Role: Played a leading or critical role in distinguished organizations, companies, or events.

A U.S. employer must act as the sponsor to file the petition on the individual’s behalf. One of the biggest advantages of the O-1 visa is its flexibility and long-term potential. Unlike seasonal visas, the O-1 allows talented professionals to live and work in the U.S. year-round, as long as there is ongoing work available in their field. This means that if you are running a year-round operation, such as a resort, a private club, or a high-end restaurant, the O-1 visa can support continuous employment without the start-stop cycle of seasonal hiring.

Unlike many other visa types, the O-1 visa is not subject to a cap or lottery, meaning there is no annual limit on how many can be issued, which is a notable advantage when planning staffing needs. Additionally, the O-1 visa is renewable indefinitely, with an initial stay of up to three years and the ability to extend in one-year increments as long as the individual continues working in their area of extraordinary ability.

If you have a talented professional who you believe would be a great fit for your organization, please do not hesitate to reach out to us.

What You Need to Know About the Trump Administration’s New Immigration Registration Requirement

On February 26, 2025, the Trump administration announced a new registration requirement for foreign nationals present in the United States. A motion to block the implementation of this policy was denied by the District Court of D.C., and the registration requirement officially went into effect on April 11, 2025. The policy introduces additional compliance obligations for certain noncitizens and represents a significant shift in how the government monitors immigration status within the U.S.

It is important to note that this new requirement does not affect the vast majority of visa holders who entered the country legally, as they are already considered registered through the standard visa process. In fact, most individuals entering the U.S. on employment-based visas, including those in the hospitality industry on the H-2B visa program, are not impacted by this policy change.

If you are in the United States on a valid visa, you are likely already considered registered. This includes students, workers, tourists, and others who entered the country legally. The key document that proves your registration is the Form I-94, which is issued when you are admitted to the U.S. Most visa holders receive an I-94 electronically upon entry to the U.S. and can access it through the U.S. Customs and Border Protection (CBP) website here: https://i94.cbp.dhs.gov/home. For individuals on visa extensions, their new, extended I-94 will typically be attached to the bottom of the Form I-797 Approval Notice received from U.S. Citizenship and Immigration Services (USCIS), and this should be torn off and kept with them at all times. Importantly, the I-94 is valid proof of registration even if it is expired. Therefore, the I-94 record that an individual receives and prints upon entry to the U.S. should be the only document needed for proof of registration for as long as they remain in the U.S.

It has always been important for foreign nationals traveling to the U.S. to check their I-94 after entry to ensure that the information listed is correct. The new registration requirement serves as a timely reminder to employees to print and carry their I-94 as soon as they arrive, along with documentation of their valid status in the U.S. Please note that if a foreign national stores images of their documents on their phone and provides access to the device when requested by officers, they are effectively consenting to a search of its contents. Consequently, printed copies are strongly recommended. We encourage employers to provide access to a computer and printer to help employees obtain a printed copy of their I-94. Other documents that foreign nationals can carry to demonstrate compliance with the registration requirement include:

1. I-94W, Arrival and Departure Record (also accessible at the link above);
2. I-551, Permanent Resident Card or Green Card, held by Lawful Permanent Residents;
3. I-766, Employment Authorization Document (EAD card);
4. I-95, Crewmen’s Landing Permit;
5. I-184, Alien Crewman Landing Permit and Identification Card;
6. I-185, Nonresident Alien Canadian Border Crossing Card;
7. I-186, Nonresident Alien Mexican Border Crossing Card;
8. I-221, Order to Show Cause and Notice of Hearing;
9. I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien;
10.  I-485 Receipt Notice, Application to Register Permanent Residence or Adjust Status (even when denied, if fingerprints were taken);
11.  I-687, Application for Status as a Temporary Resident Under Section 245A of the Immigration and Nationality Act;
12.  I-691, Notice of Approval for Status as a Temporary Resident;
13.  I-698, Application to Adjust Status from Temporary to Permanent Resident (even if denied);
14.  I-862, Notice to Appear;
15.  I-863, Notice of Referral to Immigration Judge;
16.  I-700, Application for Status as a Temporary Resident (even if denied); or
17.  A valid, unexpired nonimmigrant DHS admission or parole stamp in a foreign passport.

If the registration document is lost or otherwise unavailable, the foreign national must apply for a replacement as soon as possible. Prompt action is required to remain in compliance with registration requirements. Foreign nationals who are not in possession of one of the documents listed above may not be considered registered under the new registration requirement.

Foreign nationals who may not be registered and may be required to complete the registration process include, but are not limited to, the following groups:

• Canadian visitors who entered the U.S. through land ports of entry and did not receive an I-94 admission record (individuals should use the CBP website link above to confirm that an I-94 was not issued);
• Foreign nationals present in the U.S. without inspection and admission or inspection and parole;
• Foreign nationals present in the U.S. after inspection and parole, and do not have evidence of registration in the form of one of the documents listed above;
• Foreign nationals who submitted one or more benefit requests to USCIS who were not issued evidence of registration, including applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS);
• Foreign nationals who turn 14 years old in the U.S. must register within 30 days of their 14th birthday, regardless of whether they were previously registered; and
  • Although adults with work visas or green cards may not need to take any action to be registered, they may need to take action on behalf of their children. For example, a 13-year-old child of an H-1B worker in H-4 status and is turning 14 soon will need to register before his/her 14^th birthday – same for a soon-to-be 14-year-old with a green card.
• Parents or legal guardians of foreign nationals under the age of 14 who have not been registered and are staying in the U.S. for 30 days or more (must register within that 30-day window).

The potential penalties for willfully failing to comply with the registration requirement include fines of up to $5,000, imprisonment for up to 30 days, and/or removal from the United States. To register, foreign nationals must create an account on the U.S. Citizenship and Immigration Services (USCIS) website and complete Form G-325R online. Each individual required to register must have their own myUSCIS account and submit a separate G-325R form. Once submitted, the individual should monitor their account for a biometrics appointment at a USCIS Application Support Center (ASC), where they will be required to provide fingerprints.

Once the ASC appointment is complete, the foreign national will be able to access their Proof of Alien Registration through their myUSCIS account. They should print a copy and carry it with them at all times. Canadian nationals are not required to complete fingerprinting, and their Proof of Registration will be available shortly after completing the online registration in their myUSCIS account. Instructions on how to create a USCIS online account can be found here: https://www.uscis.gov/file-online/how-to-create-a-uscis-online-account.

If you have questions about the registration requirement or need help determining whether someone in your organization must register, please feel free to reach out.

From Job Offer to Green Card: Understanding Employment-Based Immigration

Being granted Legal Permanent Resident (LPR) status in the United States, which is also called having a “Green Card,” allows an individual to live and work year-round in the U.S. with much the same flexibility of a U.S. Citizen. A green card is not only a pathway to U.S. citizenship for employees; it is also a powerful tool for employers looking to retain top talent. By helping talented professionals secure a green card, businesses can provide a pathway for key employees to stay in the U.S. long-term, without the uncertainty of temporary visas or work permit renewals. A green card allows employees the ability to travel freely, contribute to their company without limitations, providing stability and continuity in your workforce. For employers, this could lead to less turnover, stronger loyalty, and the ability to build a team of highly skilled professionals dedicated to driving the success of the organization.  On the other hand, once a person has a green card, they can work for any employer in the United States.  Please find a discussion below of the various employment-based green card categories, with a special focus on the EB-3 category, the most commonly used option by employers to retain essential staff.

There are several types of employment-based green cards available, each designed for different categories of workers based on their skills, experience, and roles. These are grouped into five main categories:

• EB-1 is reserved for individuals with extraordinary abilities in fields such as science, arts, education, business, or athletics, as well as outstanding professors, researchers, and multinational executives or managers. As the highest preference category, it does not require a labor certification, meaning that the application process is faster than other routes.
• EB-2 is intended for professionals holding an advanced degree (master’s or higher) or those whose work is significantly in the national interest. This category generally requires a PERM labor certification unless the applicant qualifies for a waiver by demonstrating their work substantially benefits the U.S.
• EB-3 covers skilled workers (with at least two years of experience), professionals (with at least a bachelor’s degree), and other workers who perform unskilled labor requiring less than two years of training or experience. This category always requires a PERM labor certification.
• EB-4 is designated for certain special immigrants, including religious workers, foreign broadcasters, long-time employees of U.S. foreign service posts, and other employees in specific government roles.
• EB-5 applies to investors who put a substantial amount of capital in a U.S. business and create or preserve at least ten full-time jobs for U.S. workers.

Among the employment-based green card options, the EB-3 category is the most commonly used and accessible route for employers. This requires the employer to go through a multi-step process, including the PERM labor certification process. To qualify for this pathway, the employee does not need to have extraordinary credentials; they simply need to meet the job requirements as defined by the employer. In turn the employer only needs to demonstrate the ability to pay the employee a minimum set wage and conduct a thorough recruitment and advertising effort to demonstrate there are no minimally qualified U.S. workers available to fill the role.

The EB-3 PERM green card process takes several years to complete; therefore, it takes planning, foresight, and patience for workers and employers. The ability to request work authorization does not become available until the final step of process of the process, with the full process often taking 36-60 months or more to complete. As the PERM green card process does not provide independent work authorization until the final stages, for workers to continue their employment in the U.S. throughout this process, the employer will need to continue to sponsor their employee in a valid nonimmigrant visa classification (such as H-2B, TN, or O-1) while the green card process is underway.

Timelines vary based on processing speed, green card backlogs, and individual case factors. The EB-3 classification is divided into two groups: one for skilled workers and professionals, and one for unskilled workers. This logistically means that employees are waiting in two different lines for green cards to become available. Currently, the wait time for skilled workers and professionals is relatively short for a green card to become available, while unskilled workers face a delay of approximately two additional years. This means unskilled workers may wait 48 months or longer for work authorization after starting the green card process.

To stay eligible for the green card, employees must maintain valid immigration status while in the U.S. If they must leave the country and cannot return, the green card process can continue abroad through consular processing, provided the employer continues their sponsorship. In such cases, the employee completes the final steps at a U.S. embassy or consulate in their home country.

Pabian Law is here to support you at every stage of the green card process, helping to ensure a smooth and successful transition to permanent residency for your valued employees. If you would like to learn more, we encourage you to reach out for additional information.

Conclusion

We hope that you enjoyed this Quarterly Update. Please do not hesitate to contact us with any questions about the topics listed above or any other immigration-related topics. Thank you.

Warm regards,

Keith and your friends at Pabian Law