My friend is holding a j1-visa doing research at a university. He was arrested two years ago for domestic violence, a felony. But he was never charged, so there was absolutely no record at the court level, and there was not even a case. He got a certification of release and the arrest was reclassified into detention. As it takes three years for a felony to expire, technically speaking, this is still a suspending arrest. Although the prosecutor said they preferred not to sue him anyway. My friend is working on the petition of factual innocence.

Question: As his J1-visa expires soon, his university is going to apply an H1-visa for him. Will this record of arrest affect his application of h1-visa or not, based on the current ICE policy?

thanks so much in advance!