2025 Immigration Updates

2025 Immigration Updates

April 2, 2025

Immigration Compliance Guidance for Faculty and Staff

Documents provided by the University for travel abroad:

When traveling abroad individuals in a temporary employment visa status should ensure that they travel with their I-797 approval notice provided by the University.  Although not required, individuals may also wish to travel with evidence of their active employment at the University. A copy of their individual Workday summary page will demonstrate that they are an active employee, and a letter of confirmation of employment, on University letterhead may be useful in demonstrating their active status with the University. Employment and Salary Verification

UVA employment abroad not permitted:

In nearly all situations, active employment of an individual based abroad is not permitted. 

I-94 review after return from travel:

Please be certain to provide UVA Immigration Services with a copy of your I-94 document, issued after return from a trip abroad.  The expiration date indicated on the I-94 is the last day of an individual’s approved valid stay in the United States.  UVA Immigration Services will review the issued I-94, and advise if further action is needed. For more information, visit I-94 arrival record webpage.

Ensure residential address is correct with USCIS:

As a foreign national, you have the responsibility to ensure that you maintain an accurate residential address with USCIS.  Please update your address on the USCIS website, within ten days of moving to a new address, by completing USCIS Form AR-11. For more information, refer to the Alien’s Change of Address Card.

Accuracy of terms and conditions of employment filed with USCIS:

As required by USCIS, be certain to inform UVA Immigration Services when any changes in working conditions occur.  Substantial changes may require filing an amended H-1B petition upon determination by the Immigration Services office.  An amended petition must be submitted to USCIS before the date on which such a change to terms and conditions of employment becomes effective.  Qualifying job changes include: promotion or other change in job title or rank, substantial change in job duties/responsibilities, any decrease in salary/benefits, change or additional work location, including remote/hybrid work from home, hours of work, and a change in School or department.

Dependent registration:

For awareness, on February 25, 2025 (and updated March 12, 2025), USCIS issued guidance on the Alien Registration Requirement, following Executive Order 14159, which reinforces the longstanding requirement for non-U.S. citizens to register with the U.S. government under Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302).

Those in F-1, J-1, H-1B, TN, O-1, and any dependent family members who entered the US at the age of 14 or older were automatically registered with the U.S. government when arriving in the U.S. and no further action is needed. The I-94 arrival record serves as proof of registration and can be printed out as evidence of compliance. 

Importantly, nonimmigrant dependent children (for example, F-2, J-2, H-4, O-3 dependents, etc.) who turned 14 while inside the U.S., must now register or re-register under this new DHS directive within 30 days of reaching their 14th birthday. 

This new registration process is accessible through Form G-325R.

March 31, 2025:

Due to leadership changes in the federal government leading to immigration enforcement operations nationwide, we are providing the guidance below.

Requirements and Rights for People Visiting the United States (Source: NAFSA, Association of International Educators)

NAFSA has compiled the following resources and general information about the requirements for entering the U.S. as a nonimmigrant and the Constitutional rights of people in the U.S. For specific advice, please consult a qualified immigration attorney:

U.S. Department of State website Visa information:

  • This website explains Visas and offers a “Do you need a Visa?” link. Click “business” for information about the Visitor Visa (the Visa that most people will need to enter the U.S. for a conference).

U.S. Customs and Border Protection (CBP) website “Know before You Visit” information:

  • This website explains some of the requirements for entering the U.S. and addresses the necessary documents, as well as traveling with food, pets, or medication.

CBP: Privacy Impact Assessment for the Border Searches of Electronic Devices:

  • This website provides a detailed description of the Department of Homeland Security’s guiding principles in conducting searches of electronic devices at the border, including its efforts to balance security needs and individual privacy rights.

American Civil Liberties Union (ACLU) “Know Your Rights: Enforcement at the Airport:

  • This website provides extensive information about law enforcement officials’ authority to question individuals entering the U.S., the right (and lack of right) to legal counsel, and searches of laptops and phones, among other topics.

AILA 'Know Your Rights' Handouts:

  • The American Immigration Lawyers Association (AILA) provides 'Know Your Rights' handouts for several scenarios: ICE worksite raids (for employers), ICE home visits, and ICE public stops.

ACLU 'Know your Rights' Information:

  • The American Civil Liberties Union (ACLU) provides FAQs on a variety of important rights, including the rights of immigrants, students, protesters, and individuals stopped by the police.

National Immigration Law Center 'Know Your Rights':

  • This website provides general information on what to do if you are stopped, arrested, or detained by immigration or other law enforcement.

If you need to speak with an Immigration Lawyer, the American Immigration Lawyers Association maintains a searchable list of immigration lawyers. 

February 7, 2025:

Updated Guidance: United States Department of Citizenship and Immigration Services H-1B Visa Status Site Visits:

Regularly, the University is visited by the United States Department of Citizenship and Immigration Services (USCIS) as part of its program of unannounced visits to the worksites of employers that sponsor foreign nationals who are H-1B visa holders. The University currently sponsors substantial numbers of H-1B employees, who are employed in units across the University. Employers of H-1B visa recipients are required to exchange data with federal immigration agencies regarding the terms and conditions of the foreign national’s employment.                      

UVA Departments are encouraged to discuss this issue with any H-1B employees in your area.  These visits may be intimidating for some individuals, but as long as we maintain proper compliance and support our staff and faculty through the process, there should be no cause for alarm. To that end, we ask that unit personnel notify HRIS of any changes to the terms and conditions of employment of any H-1B worker at UVA. The notification will allow HRIS to determine whether an amended H-1B petition is required to ensure that UVA remains in compliance with federal immigration laws and regulations. For more information about H-1B Visa Status Site visits, please visit the H-1B Visas webpage.

HRIS Contact Information:
Tim White                                                      
Supervisor, Immigration Services                 
434.982.2735 (office)
tjw5x@virginia.edu