Visa Lawyer Blog

Articles Posted in Adjustment of Status

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us-capitol-1533368_1280The U.S. Citizenship and Immigration Services (USCIS) is temporarily pausing the processing of adjustment of status applications for Diversity Visa Lottery winners, and related filings, following the recent shootings in New England.

This was announced in a brief social media post by the Secretary of the Department of Homeland Security, Kristi Noem shortly after the alleged shooter was identified.

While the Diversity Visa (DV) program is administered by the State Department, USCIS is responsible for adjudicating green card adjustment applications and related filings submitted by DV lottery selectees who are already in the United States.

Before Secretary Noem’s announcement, parts of the DV Lottery program have been placed on hold for several months. The start of the DV-2027 program has been delayed since early November.

Security Vetting for Pending Diversity Visa Lottery Green Card Applicants

USCIS plans to conduct a review of pending diversity visa adjustment of status applications, including:

  • Screening against terrorist databases
  • Reviewing whether the applicant has been or is connected to activities, individuals, or organizations that pose national security or criminal concerns
  • Reviewing whether the applicant is or has been involved with activities, individuals, or organizations that pose serious risks to the community due to criminal conduct, mental health issues, or national security concerns and
  • Determining whether the foreign national is able to establish their identity.

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january-lettering-9278218_1280We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the January 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For adjustment of status filings to permanent residence in the month of January, USCIS has not yet indicated which filing chart it will use for the employment-based and family-sponsored categories.

Highlights of the January 2026 Visa Bulletin

At a Glance

What can we expect to see in the month of January?

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will advance by 10 months to February 1, 2023
  • EB-1 China will advance by 10 days to February 1, 2023

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by 2 months to July 15, 2013
  • EB-2 China will advance by 3 months to September 1, 2021
  • All other countries will advance by 2 months to April 1, 2024

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by 1.8 months to November 15, 2013
  • EB-3 China will advance by 1 month to May 1, 2021
  • All other countries will advance by 1 week to April 22, 2023

EB-3 Other Workers

  • EB-3 India will advance by 1.8 months to November 15, 2013
  • EB-3 China will advance by 1 year to December 8, 2018
  • All other countries will advance by 1 month to September 1, 2021

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famous-place-8911581_1280U.S. Citizenship and Immigration Services (USCIS) recently updated its Policy Manual  to reduce the maximum validity period of Employment Authorization Documents (EADs) for certain categories of aliens.

The maximum validity period for initial and renewal EADs will be changed from 5 years back to 18 months for the following individuals:

  • Individuals admitted as refugees;
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San Diego’s immigration community has been rattled by new reports that Immigration and Customs Enforcement (ICE) is arresting individuals with no criminal history during routine green card interviews at USCIS offices—a practice that is historically unprecedented and deeply alarming.

What’s Happening

Starting in early November, immigration attorneys began reporting that ICE agents had been detaining green card applicants at routine interviews conducted at USCIS field offices.

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pool-7318132_1280The U.S. State Department announced on November 5, 2025, that it’s making changes to the 2027 Diversity Visa (DV) lottery. While it hasn’t yet confirmed when registration will open, the government says those dates—and the timing for entry-status check results—will be released “as soon as practicable.”

Importantly, these changes do not affect the visa application window for those selected: it will remain October 1, 2026 through September 30, 2027.

Alongside the timing delay, there’s a historic new requirement: a mandatory $1 electronic registration fee. The fee is non-refundable, must be paid at the time of entry, and became effective October 2025.

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ball-4623653_1280We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the December 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For adjustment of status filings to permanent residence in the month of December, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.

Highlights of the December 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of December?

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • India will advance by one month to March 15, 2022
  • China will advance by one month to January 22, 2023
  • All other countries remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • India will advance by six weeks to May 15, 2013
  • China will advance by two months to June 1, 2021
  • All other countries will advance by 2 months to February 1, 2024

EB-3 Professionals and Skilled Workers

  • India will advance by one month to September 22, 2013
  • China will advance by one month to April 1, 2021
  • All other countries will advance by two weeks to April 15, 2023

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On November 12, 2025, a federal court ruling in the case Moody et al. v. Mayorkas et al. granted relief to new investors in the EB-5 program by halting the increased application fees introduced by the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2024.

What fees were increased?

Here’s a quick breakdown of the fee changes that were challenged:

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hiring-1977803_1280On October 29, 2025, the Department of Homeland Security (DHS) announced an interim final rule that will end the automatic extension of employment authorization documents (EADs) for most renewal applicants effective October 30, 2025.

In this post, we’ll unpack what’s changing, who it affects, the rationale behind the change, and what individuals and employers should do to prepare.

What was the previous policy?

Historically, noncitizens who held valid EADs (Form I-766) and timely filed a renewal application (Form I-765) before their current EAD expired often automatically received continued employment authorization while the renewal was pending. This “automatic extension” policy served as a buffer to prevent employment gaps.

These policies helped many workers avoid a lapse in authorization while waiting for processing of their renewal application.

What is changing now?

Starting October 30, 2025, the automatic extension of work authorization for most renewal applicants will end.

What to know

  • If you file your I-765 renewal on or after October 30, 2025, you will not receive an automatic extension of your EAD for most categories.
  • The rule affects many categories of renewal applicants, including (but not necessarily limited to) those applying under asylum, adjustment of status, H-4 dependent spouses (EAD category C26), etc.
  • Automatic extensions that were already granted (for renewal applications filed before the cut-off) remain valid.
  • Some limited exceptions remain, notably for certain categories such as those tied to TPS (Temporary Protected Status) where automatic extension may still be provided by law or Federal Register notice.

In short, you will not be authorized to keep working simply because you filed a renewal — you must wait for the new EAD to be approved by USCIS.

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arrow-1238788_1280The U.S. Department of Homeland Security (DHS) has introduced a new $1,000 immigration parole fee for most individuals granted parole into the country, effective October 16, 2025.

Announced by DHS and USCIS under the H.R. 1 legislation, the fee applies at the time parole is granted, even if the application was filed before the rule took effect. Only a few narrow exceptions are available such as for those applying for green cards returning after temporary travel abroad and those facing medical emergencies.

Officials say the policy aims to curb “rampant abuse” of the parole system and ensure the government recovers administrative costs. It also comes alongside broader fee increases for other immigration benefits, including work permits for parolees and asylum seekers.

This marks a major shift in how parole is handled, making the process more restrictive and costly.

Applicants will now face higher financial barriers, and exceptions will be tightly limited, signaling a tougher stance on parole admissions going forward.

Starting October 16, 2025, if your parole or re-parole request is approved and requires the immigration parole fee, you will receive a notice with payment instructions and a deadline.

The fee must be paid in full and on time before your request can be approved. Parole will not be granted if the payment is not completed as instructed by USCIS.

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november-5650851_1280We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the November 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For adjustment of status filings to permanent residence in the month of November, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.

Highlights of the November 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of November?

Employment-Based Categories

There are no changes to the Dates for Filing and Final Action charts for the employment-based categories when compared to the October Visa Bulletin.

Family-Sponsored Categories

Final Action Advancements

  • F2B Worldwide, China, and India will advance by 9 days to December 1, 2016
  • F3 Mexico will advance by 16 days to May 1, 2001

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