Articles Posted in CBP

by

On September 19, 2025, President Trump issued a presidential proclamation titled “Restriction on Entry of Certain Nonimmigrant Workers,” announcing new changes to the H-1B visa program. The proclamation imposes a $100,000 fee on all new H-1B petitions filed after 12:01 a.m. EDT on September 21, 2025, but leaves open the possibility of applying for national interest exceptions for those impacted.

According to the proclamation, the goal is to prioritize highly skilled and highly paid foreign workers while curbing abuse of the H-1B visa program for specialty occupations. The measure is set to remain in effect for 12 months unless extended.

The timing and language of the proclamation has caused widespread confusion and concern among employers, as well as both current and prospective H-1B workers. In response, the White House and federal agencies issued follow-up explanations, which have left many questions unanswered and even contradicted the text of the proclamation.

Policy Memorandums

In a memo published the day after the proclamation, U.S. Citizenship and Immigration Services (USCIS) explained that the $100,000 fee applies only to new H-1B petitions filed after the September 21 effective date.

U.S. Customs and Border Protection (CBP) similarly posted on X: “President Trump’s updated H-1B visa requirement applies only to new, prospective petitions that have not yet been filed. Petitions submitted prior to September 21, 2025, are not affected.”

In a separate statement, the State Department said, “The Proclamation’s restrictions on visa issuance and entry apply only to aliens seeking visa issuance or entry into the United States based on H-1B petitions filed with USCIS after the Proclamation’s effective date of September 21, 2025, at 12:01 a.m. Eastern Daylight Time (EDT).”

To further clarify the proclamation’s impact, USCIS issued the following FAQs:

Continue reading

by

Green card holders returning to the U.S. are facing increased scrutiny in 2025. U.S. Customs and Border Protection (CBP) is detaining more travelers with past legal issues or extended absences, and there’s a growing expectation to carry proof of ties to the U.S., like tax returns or lease agreements. New biometric systems track travel more closely, and frequent or long trips raise red flags about abandoning residency.

Green card holders are required to maintain continuous residence in the U.S. and extended or frequent trips abroad—especially those lasting over 180 days—can trigger a presumption of abandonment of permanent resident status.

Here are four key trends green card holders should be aware of when returning to the United States after temporary foreign travel.

Trend #1: Have Proof of Ties to the United States

Green card holders may be questioned by CBP about their ties and continuous residency in the United States. To help prevent complications—especially for those who have been outside the United States for 180 days or more—it may be wise for such individuals to present strong evidence of continued residence in the U.S., such as recent tax returns, employment verification, valid driver’s license, mortgage or lease agreements, and utility bills, to demonstrate that you have not abandoned your residency.

Even trips as short as three months can raise questions about your ties to the U.S.

Trend #2: CBP Officers Are Tracking Travel History

Customs and Border Protection (CBP) officers are closely reviewing the travel history of green card holders, with a close eye toward frequent or extended trips abroad. Long absences from the United States (6 months or longer) can lead to questioning or increased scrutiny at the border.

CBP officers have questioned travelers wanting to know the purpose for their trip abroad, the length of their absence, and whether their primary residence is in the U.S. or another country.

Be prepared to clearly explain your answers to these questions.

Continue reading

by

In a sharp escalation of his hardline immigration policies, President Trump has recently turned his attention toward lawful permanent residents, sparking alarm among green card holders with the right to live and work in the United States permanently.

While Trump’s immigration policies during his first term in office primarily targeted undocumented immigrants and asylum seekers, this time his administration is taking a more aggressive approach, aimed at even those who have followed legal pathways to U.S. permanent residency. By now you have seen the headlines in the news detailing heightened scrutiny and enforcement measures against green card holders by Immigration and Customs Enforcement (ICE).

Understanding why Trump is now targeting green card holders requires taking a closer look at his administration’s policies and what this means for the future of immigration under President Trump.

Overview

Under President Trump’s current administration, green card holders are being treated like guests, with the privilege of having the ability to live and work in the United States. But that privilege can be placed under scrutiny if lawful permanent residents violate their legal status.

This is because of the administration’s new “Catch and Revoke” policy, introduced by Secretary of State Marco Rubio, establishing a stringent “one-strike” rule targeting non-citizens, including green card holders, visa recipients, and parolees.

Under this new policy, any legal violation by non-citizens—ranging from minor infractions to more serious offenses—can lead to the immediate revocation of immigration status and potential deportation.

Continue reading

by

Are you a visa holder or permanent resident thinking of traveling overseas? Then, you won’t want to miss this important video, where we share our top 3 tips to smoothly re-enter the United States after temporary foreign travel for a safe and stress-free travel experience.

This information applies to:

  • Lawful Permanent Residents (Green card holders) and
  • Nonimmigrant Visa Holders

If you are a U.S. Citizen, do not worry as this information will not apply to you.

Overview

With the ongoing saga of detentions at U.S. ports of entry, and visa holders being questioned in secondary inspection, we can understand that re-entering the United States after traveling abroad can be a nerve-wracking experience, especially for green card holders and nonimmigrant visa holders.

Even with valid documentation, many travelers feel a sense of uncertainty as they prepare to face U.S. Customs and Border Protection (CBP) officers. Whether it’s your first time returning, or you’ve done it many times before, a little preparation can go a long way to ease your travel concerns under the Trump Administration.

In this post, we’ll share three practical tips to help reduce anxiety and make your return to the U.S. as smooth and stress-free as possible.

Although everyone’s situation is unique, these three tips can help you navigate U.S. Customs and Border Protection (CBP) with confidence.

Continue reading

by

Have you ever wondered what to do if you are detained at a U.S. airport or port of entry while traveling as a green card holder?

In this video, you will learn about your rights as a green card holder and under what circumstances you can be detained by Customs and Border Protection (CBP) when re-entering from a trip overseas.

For more information, please continue watching this video.

Overview

What happens when a Green Card holder is detained at an airport or U.S. port of entry after returning from a trip overseas?

In recent months, green card holders have reported being detained at U.S. ports of entry after returning from overseas travel. Viral social media posts have told cautionary tales of individuals being taken to secondary inspection when passing through customs.

All travelers arriving at U.S. ports of entry are subject to inspection by Customs and Border Protection (CBP) officers to ensure compliance with immigration laws and regulations.

Unlike tourists and temporary visa holders, permanent residents (green card holders) are entitled to certain rights that others do not have. This includes the right to:

  • Live permanently in the United States provided you do not commit any actions that would make you removable under immigration law
  • Be protected by all laws of the United States, your state of residence and local jurisdictions

When being questioned or detained by a CBP officer, permanent residents may:

  • Report the incident to their embassy or consulate
  • Request to speak with an attorney to discuss the legal consequences of detainment and/or green card revocation

Continue reading

by

Can ICE lawfully detain you if you have an immigration case pending with USCIS? In this video, attorney Jacob Sapochnick breaks down everything you need to know about this important topic, including your rights if an ICE agent visits your home or workplace.

To learn how to protect yourself, please keep on watching this video.

Overview

Q: Are undocumented immigrants at risk of deportation if they have a pending application or petition for an immigration benefit with the U.S. Citizenship or Immigration Services (USCIS) such as an I-130 petition, I-485 green card petition, I-360 VAWA petition, etc.?

Before we can answer this question, we must first consider how U.S. Immigration and Customs Enforcement (ICE) operates. ICE is a federal law enforcement agency operating under the Department of Homeland Security (DHS). Its primary purpose is to guard against crime at the border and enforce the nation’s immigration laws to prevent illegal immigration.

As a result, ICE agents can detain individuals that they believe are present in the United States in violation of the law. This includes individuals who overstayed their U.S. visa, those who entered the country without lawful inspection at a U.S. port of entry., and those who have committed certain immigration violations.

Therefore, having a pending application or petition for an immigration benefit with USCIS does not provide automatic protection from deportation. In fact, individuals may be detained at any stage of the immigration process.

Continue reading

by

During these uncertain times in immigration, we bring you this informative video to summarize President Donald Trump’s recent thirteen executive actions on immigration.

Some of the highlights of this discussion include President Trump’s executive order affecting birthright citizenship, measures to enhance border security, mass deportations of undocumented immigrants, potential executive orders implementing new travel bans, and much more.

To learn more about these executive orders and how they may impact you, please keep watching.

Overview

What happened on day one of the Trump administration?

President Trump signed thirteen executive orders on the first day of his presidency, setting the tone for the start of his administration with new policies that create obstacles for certain immigrants.

EO #1 President Trump’s America First Priorities

The first of these executive orders is “President Trump’s America First Priorities,” which outlines the top priorities that we can expect to see from the Trump administration over the next four years.  

The major highlights of this order are as follows:

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

Continue reading

by

Have you ever wondered how you can apply for a green card renewal while outside of the United States? In this video, attorney Jacob Sapochnick tells you everything you need to know about this process.

We also discuss how you can travel internationally if your green card has already expired.

If you want to know more about this topic, please keep on watching!

Overview

This topic will be of interest to permanent residents who are overseas and now have an expired green card, as well as those who want to travel abroad but have an expired green card.

When you are issued a green card (Permanent Residence), it essentially means that you have the right to live permanently in the United States for a renewable period of 10 years.

Some of the benefits of being a lawful permanent resident are that you can accept employment without restriction, own property, receive financial assistance at public colleges and universities, and join the Armed Forces. Before the expiration of your permanent resident card, you must apply to renew it by filing Form I-90 with the U.S. Citizenship and Immigration Services (USCIS).

Continue reading

by

In this post, we share exciting news for Israeli nationals. The U.S. government recently designated Israel as the 41st country to join the Visa Waiver Program (also known as ESTA) effective November 30, 2023.

In this video attorney Jacob Sapochnick discusses what this means and how it can benefit you.

If you want to know more about this exciting news, please keep on watching!

Highlights

To travel under the Visa Waiver Program (ESTA) you must:

  • Be a citizen or eligible national of a Visa Waiver Program country.
  • Not be in possession of a visitor’s visa.
  • Your travel to the USA must be for 90 days or less.
  • You must plan to travel to the United States for business or pleasure.
  • Not be inadmissible to the USA nor previously denied a U.S. visa

Overview

Did you know that the United States operates a Visa Waiver program? This special program allows nationals from participating countries to travel to the United States for tourism or business purposes without a U.S. visa, for a period of up to 90 days. Temporary stays under the Visa Waiver Program cannot be extended for periods longer than 90 days.

Recently, Israel was given the privilege of participating in this program. That means that starting November 30th Israeli nationals will be able to apply for travel permission to the United States online using the Electronic System for Travel Authorizations (ESTA). Once approved, this travel permission is valid for a period of two years once it has been issued. You cannot travel to the United States until your ESTA has been approved and issued to you.

Continue reading

by

In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: Can undocumented immigrants open their own business in the United States?

If you would like to know more about this topic, please keep on watching!

Overview

This is one of the most widely misunderstood topics of discussion in immigration. The answer is yes, any person whether documented or undocumented can start a business in the United States.

Individuals can form a Limited Liability Company (LLC) or any other corporate structure irrespective of their legal status in the United States. This is because the LLC or corporate entity is a separate entity from the individual. The LLC can obtain an Employer Identification Number, also known as an EIN from the Internal Revenue Service (IRS) for the purpose of tax administration. To obtain an EIN, the principal business must be located in the United States or U.S. territories, and the member applying for the EIN must have a valid Taxpayer Identification Number, such as a Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), or EIN.

However, if you are employed by the LLC or corporate entity without lawful authorization to work in the United States, you will be in violation of the law, however the business registration in and of itself is legal.

Continue reading