Visa Lawyer Blog

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cityscape-5351686_1280A federal judge has issued a court order requiring that immigrants detained at a U.S. Immigration and Customs Enforcement (ICE) processing center in downtown Los Angeles be granted access to their attorneys in a timely manner.

The ruling comes after lawyers reported that detainees were frequently denied phone access, had in-person meetings canceled, and faced pressure to sign legal documents without private counsel.

The B‑18 facility, originally designed as a short-term holding space, lacks basic amenities such as beds, showers, and adequate medical services. Advocates say ICE has effectively turned it into a long-term detention site, restricting detainees’ ability to communicate with the outside world.

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circle-312343_1280The latest announcement from U.S. Department of State has sent ripples through immigration communities: the opening of registration for the Diversity Visa Lottery (DV‑2027) has been delayed, and changes to the entry process are on the horizon.

What’s happening?

  • Traditionally, the DV-Lottery registration period opens in early October. This year, the Department confirmed a delay and said it will announce new dates later.
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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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us-1978465_1280Last week, the U.S. Supreme Court handed down a troubling decision that could strip legal status from hundreds of thousands of Venezuelans currently living in the United States under Temporary Protected Status (TPS).

On Friday, the Court granted the Trump administration’s request to halt a lower court ruling that found the administration’s cancellation of TPS protections for Venezuelans unlawful. The unsigned order from the Court effectively allows the government to proceed, for now, with its plans to revoke temporary protections that had shielded Venezuelan nationals from deportation and granted them employment authorization.

TPS was created in 1990 as a humanitarian safeguard for individuals whose home countries are experiencing extraordinary crises such as armed conflict, environmental disasters, or other temporary but severe disruptions. Venezuela was designated for TPS in 2021 under President Biden, in response to the country’s severe economic collapse, widespread human rights abuses, and political instability.

Since then, approximately 300,000 Venezuelans have relied on that protection to live and work legally in the U.S., building lives, paying taxes, and raising families.

Trump Administration Moves to Strip Venezuela’s TPS Designation

But the political tides have shifted. When the Trump administration returned to office, it appointed Kristi Noem as Secretary of Homeland Security. Earlier this year, Noem moved to revoke Venezuela’s TPS designation, arguing that conditions in the country had improved and that continuing the program was no longer in the national interest. That decision sparked immediate legal challenges. A coalition of Venezuelan TPS recipients and advocacy groups sued, claiming the administration’s actions were arbitrary, rushed, and in violation of federal law.

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Source: Flickr Creative Commons Attribution mollyktadams

Recent court documents submitted by the government in the case, State of Texas v. United States of America (1:18-cv-00068), reveal that the U.S. Citizenship and Immigration Services (USCIS) may soon resume processing initial DACA applications for individuals living outside of Texas.

Since 2021, new DACA requests had been halted due to a court order which was later applied only to the state of Texas.

Under the proposed plan, USCIS would process initial applications for applicants residing outside of Texas. For those living in Texas, the government would only grant deferred action, without employment authorization or recognition of lawful presence. Moving to Texas could jeopardize a DACA recipient’s work authorization.

The government’s plan still requires court approval, and USCIS has not yet shared any timeline or implementation details if it moves forward.

DACA Refresher

Deferred Action for Childhood Arrivals (DACA) is a program that allows individuals who were brought to the United States as children to remain in the United States temporarily and apply for work permits. While it does not grant legal status, it offers protection from deportation.

Those eligible for DACA include individuals who entered the country as children before their 16th birthday, were under 31 years old as of June 15, 2012, and have not been convicted of a felony, a significant misdemeanor, or three misdemeanors.

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people-4009327_1280On September 24, 2025, the Department of Homeland Security (DHS) issued a proposed rule that would change the current selection process for selecting H-1B visa petitions subject to the annual numerical limits established by the Immigration and Nationality Act.

Under the proposed rule, the current random lottery system would be replaced with a wage-based selection process that prioritizes the selection of H-1B workers offered higher salaries by sponsoring employers.

The goal is to better align the H-1B program with U.S. labor market needs by increasing the chances of selection for higher-paid, and presumably higher-skilled, foreign workers. This change aims to reduce the potential for abuse in the system, discourage mass low-wage registrations, and ensure that the most economically valuable positions are filled through the H-1B program.

What may change

Currently, the U.S. government selects H-1B visa petitions through a randomized lottery system due to the annual numerical cap on available visas. Employers first submit electronic registrations for each prospective H-1B worker during a designated registration period, typically held in March. Because the demand for H-1B visas consistently exceeds the supply, the U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to determine which petitions can proceed with applying for H-1B visas.

There are two separate caps under the H-1B program: the regular cap of 65,000 visas and an additional 20,000 visas reserved for individuals who hold advanced degrees from U.S. institutions (commonly referred to as the master’s cap). All registered beneficiaries, including those with U.S. advanced degrees, are first entered into the regular cap lottery. After 65,000 are selected, those with U.S. master’s degrees who were not chosen in the initial round are entered into a second lottery for one of the 20,000 advanced degree slots.

This current system does not prioritize applicants based on wage levels, qualifications, or skills. Selection is purely random as long as the minimum eligibility requirements are met.

However, the Department of Homeland Security (DHS) is proposing changes that would shift the selection process to favor higher-paid workers.

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imageOn Friday evening, President Donald J. Trump signed an executive order establishing a new pathway to permanent residency called “The Gold Card.” This program creates a fast-track green card option for wealthy individuals who make significant “gifts” to the U.S. government through the Department of Commerce.

Highlights

Although clear guidance on the application process has not yet been provided, the executive order outlines several key features:

  • Unrestricted Gift requirement:

To qualify for an immigrant visa through the Gold Card program, applicants must provide an unrestricted gift (without conditions or limitations) to the Department of Commerce in the following amounts.

  • $1 million for individuals donating on their own behalf.
  • $2 million if the gift comes from a corporation or entity on behalf of an individual
  • Visa benefits: The gift can be used as evidence of eligibility under two employment-based categories:
    • Exceptional business ability and national benefit (8 U.S.C. §1153(b)(2)(A) and
    • National Interest Waiver (8 U.S.C. §1153(b)(2)(B))
      • Could be expanded to the EB-5 immigrant investor program under 8 U.S.C. 1153(b)(5).
  • Oversight and agencies involved: The Departments of Commerce, State, and Homeland Security are tasked with implementing the program, including setting up application, processing, status adjustment, and screening for public safety / national security.
  • Use of the funds: The money raised will go into a separate Department of Commerce fund, held with the Treasury, intended to promote commerce and American industry.
  • Timeline: The order gives the relevant secretaries 90 days to lay out implementation plans (application process, when gifts may start being submitted, fees, etc.)

Potential Legal Challenges

The Gold Card Executive Order, aimed at streamlining the visa process for wealthy donors may face several legal challenges. Plaintiffs could argue that it oversteps executive authority by altering immigration policy without congressional approval, potentially violating the Immigration and Nationality Act. Additionally, if the order is seen as favoring certain nationalities or industries, it may prompt lawsuits alleging discrimination or unequal treatment under the law. Legal battles may also arise from states or interest groups concerned about labor market impacts or federal overreach, leading to judicial review that could delay or block its implementation.

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ai-generated-9069946_1280The legal immigration landscape was shaken once again late Friday evening when the President issued a new proclamation barring new H-1B workers from entering the United States—unless their employers pay a $100,000 fee for each sponsored employee.

The proclamation took effect at 12:01 a.m. EDT on Sunday, September 21, and will remain in effect until a court order halts its implementation.

Emergency Litigation

A surge of emergency lawsuits is expected to be filed by impacted H-1B workers and their sponsoring employers, seeking a nationwide injunction to stop the implementation of the executive order. A court could issue an injunction as early as Monday. We will provide litigation updates as they develop in the coming days.

Highlights of the Executive Order

  • Effective today September 21, 2025, certain H-1B workers will be denied entry into the United States unless their employer pays a $100,000 fee on their behalf, according to the proclamation signed by President Trump late Friday.
  • Application: The ban on entry and the associated fee requirement applies only to any new H-1B visa petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025. This includes the 2026 lottery, and any other H-1B petitions submitted after 12:01 a.m. eastern daylight time on September 21, 2025.
  • The proclamation does not apply to:
    • any previously issued H-1B visas, or any petitions submitted prior to 12:01 a.m. eastern daylight time on Sept. 21, 2025.
    • does not change any payments or fees required to be submitted in connection with any H-1B renewals. The fee is a one-time fee on submission of a new H-1B petition.
    • does not prevent any holder of a current H-1B visa from traveling in and out of the United States.
  • Misuse of B Visas: The proclamation warns that individuals with approved H-1B petitions should not misuse B visas to enter the U.S. for jobs that start before October 1, 2026.
  • National Interest Exemptions: The proclamation grants the Department of Homeland Security authority to issue exemptions for individuals, specific employers, or workers in designated industries—if the agency determines that the H-1B employment serves the national interest and poses no threat to U.S. security or public welfare.
  • Termination: Absent a court order, this restriction will remain in effect for 12 months but may be extended based on recommendations from federal immigration agencies. An extension would continue the ban for individuals approved under the FY 2027 H-1B cap.
  • Changes to the Prevailing Wage: Besides restricting H-1B entry, the proclamation directs the Department of Labor to revise prevailing wage levels and prioritize H-1B approvals to high-skilled, high-paid H-1B workers.

In the hours after the proclamation was issued, chaos unfolded as H-1B visa holders, advised by their employers and legal counsel, abandoned flights and canceled international travel due to uncertainty about how the proclamation would be enforced at the U.S. border.

Adding to the uncertainty was the absence of clear guidance from immigration authorities, including the Department of Homeland Security (DHS) and Customs and Border Protection (CBP), about how the proclamation is to be enforced against current H-1B visa holders and approved beneficiaries.

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Flickr Creative Commons Attribution Jeroen Akkermans

In the last months, the U.S. Department of State released two significant policy updates that impact both immigrant and nonimmigrant visa applicants. These updates focus on a core change: applicants will now be required to have their visa interviews in their place of residence or country of nationality.

This change has significant consequences for third-country nationals who have traditionally applied for U.S. visas outside their country of nationality, particularly those renewing H-1B, E, O, and L visas, as well as immigrant visa applicants outside the United States.

Immigrant Visa Applicants Must Apply in their Country of Residence

On August 28, 2025, the State Department announced that, starting November 1, 2025, immigrant visa applicants must attend their interviews at a U.S. consulate or embassy located in their country of residence, or in their country of nationality, with limited exceptions. The update applies across all immigrant visa categories, including Diversity Visas.

There are exceptions to this rule, though they are limited. Exceptions may be granted in rare cases involving humanitarian or medical emergencies, or in circumstances involving specific foreign policy considerations. Applicants residing in countries where routine U.S. visa services have been suspended or paused will need to process their case at a designated consular post, which is typically assigned by the State Department to handle cases from those particular regions.

Existing appointments for immigrant visa interviews scheduled prior to November 1st will not be cancelled or rescheduled.

Same Policy Applies to Nonimmigrant Visa Applicants

A similar change was later announced on September 6, 2025, for nonimmigrant visa applicants. Effective immediately, nonimmigrant visa applicants must also apply for their visa in their country of residence or nationality. This means that individuals cannot simply choose a different country’s embassy based on convenience or shorter wait times unless they reside there or are citizens of that country. This applies to all third country nationals who previously traveled to embassies or consulates in Mexico or Canada to renew their nonimmigrant visas.

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