Interview Recap: H-1B 2025 Trends & Best Practices with Attorney Nicole Ganara (Manifest Law)

Objective

This is a summary of a detailed conversation between Priya (from It's OKR) and Nicole Ganara (Principal Immigration Attorney at Manifest Law) about H-1B 2025 visa trends, recent issues, best practices for navigating rejections and status changes, and advice for those experiencing Requests for Evidence (RFEs), visa revocations, or notices to appear in court.

Key Topics Covered

1. Current Challenges in the H-1B Ecosystem

• Increase in RFEs, rejections, and incidents of 221Gs.
• Sudden H-1B revocation notices and instructions to appear in court.
• Most revocations occur when moving to a new employer and status records are not updated promptly by USCIS/the former employer.

2. Best Practices When Facing H-1B Revocation or Status Issues

• Be proactive, not reactive. Start considering alternative options before exhausting current visa benefits.
• Maintain thorough documentation:
  • Last day of work at the previous employer.
  • Last pay stubs and evidence of employment end date.
  • Proof of timely filing for change of employer or status, especially within the 60-day grace period.

Handling a Notice of Revocation

• A revocation notice from USCIS simply indicates the old H-1B is no longer valid—it is not in itself negative or grounds for panic.
• Notice to Appear (NTA): far more serious, indicating proceedings on alleged unlawful presence. Immediate consultation with immigration counsel is essential.

3. Employer Transfers and Processing Recommendations

• The law still allows H-1B portability—employees may start with a new employer upon application filing if LCA is valid.
• Premium processing advised for peace of mind, but not necessary if filings are timely and properly documented.

4. Trends in H-1B Approvals and RFEs for 2025

• No significant change in H-1B approval rates noted; delays and RFEs more likely for regular (non-premium) filings.
• Anticipated increase in specialty occupation RFEs and wage rate RFEs based on historical trends.
• No second lottery round for 2025; higher intent among applicants noted—fewer fake or multiple entries.

5. Options After H-1B Denial or Unfavorable RFE

• Depends on visa status:
  • F-1 Students: Consider returning to school (masters/graduate degrees).
  • OPT/STEM OPT: Apply for STEM extension if eligible.
  • Alternative Pathways: O-1 (extraordinary ability), J-1 specialist/intern/training visas considered viable options.
• Advised to explore alternatives before exhausting all current options, e.g., don't wait until the last OPT year.

6. Proactive Career Planning and Visa Strategy

• Early preparation for alternative visas like O-1 is crucial.
• Engage in activities beneficial for visa strength (e.g., research, peer review, building extraordinary ability profile).
• Free assessments available to help determine potential eligibility for alternative visa types.

Final Advice from Nicole

• Be Prepared: Maintain meticulous records and evidence regarding employment and visa status.
• Respond Promptly: Always address any official notices (especially NTAs) with the help of professional legal counsel.
• Seek Alternative Paths Early: Don’t wait until the last stages of your visa status—be aware of and prepare for other visa categories early.

Resources

• Discount code and detailed resource links available via Manifest Law and it's OKR (see description box).
• Free O-1 visa eligibility assessments are recommended for anyone considering alternative immigration pathways.

Closing Note

• Manifest Law is data-driven, research-focused, and experienced with corporate and extraordinary ability immigration matters.
• Stay positive and proactive. Reach out with questions and suggested topics for future coverage.

Contact & Further Information

• For more information or legal assistance, consult the respective legal experts or follow updates on the It’s OKR platform.

Remember: A setback in the H-1B process is not the end—timely action and awareness of options can make a critical difference in your immigration journey.