- Starting March 1, 2026, the premium processing fee for I-140 immigrant worker petitions and most Form I-129 nonimmigrant worker petitions will increase to $2,965, from $2,805. Fees for premium processing of certain I-129 petitions for nonimmigrant workers, I-539 petitions to extend/change nonimmigrant status, and I-765 EADs for OPT and STEM classifications will also increase.
- The new fees apply to filings postmarked on or after March 1, 2026.
Articles Posted in EB-1
March 2026 Visa Bulletin: EB-2 Dates for Filing For All Countries Except China Become Current, USCIS to Honor Dates for Filing
We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the March 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
Gold Card Program Faces Legal Challenge
The Trump administration’s “Gold Card” visa program, which lets ultra-wealthy immigrants obtain permanent U.S. residency in exchange for a $1 million gift, is now the target of a federal lawsuit challenging its legality.
The lawsuit filed by the American Association of University Professors argues that the program is unlawful, claiming it violates the Administrative Procedure Act, the Immigration and Nationality Act, and was implemented without statutory authority.
Instead of calling on Congress to establish a new visa category, President Trump unilaterally created the Gold Card program by executive order. The order instructs federal agencies to utilize visa numbers from the existing EB-1 “extraordinary ability” and EB-2 “exceptional ability” green card categories, which have been specifically reserved by Congress for highly skilled individuals at the top of their field.
Under the Gold Card program, a $1 million payment by an individual—or $2 million paid by a corporation on their behalf—is treated as proof that the applicant satisfies the EB-1 or EB-2 visa criteria.
Nebraska Federal Court Orders USCIS to Approve EB-1A After Unlawful “Final Merits” Denial
On January 28th a federal judge in Nebraska ruled that U.S. Citizenship and Immigration Services (USCIS) must approve an EB-1A petition that was previously denied, based on the court’s finding that the “final merits requirement,” was unlawfully adopted by USCIS.
What Happened in the EB-1A Case?
On January 28, 2026, a U.S. District Court judge in Nebraska issued a decision in Mukherji v. Miller in favor of an EB-1A applicant who challenged the denial of her I-140 petition. The case focused on USCIS’s practice of applying a “final merits determination,” an additional layer of review that goes beyond evaluating whether an applicant meets the regulatory criteria for the EB-1A classification.
February Visa Bulletin: EB-3 Worldwide Advances, Modest Movements for Family-Sponsored Categories
We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the February 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 February, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.
Highlights of the February 2026 Visa Bulletin
At a Glance
What can we expect to see in the month of February?
Employment-Based Categories
Final Action Advancements
EB-3 Professionals and Skilled Workers
- Except India and China, all countries will advance by 5.7 weeks to June 1, 2023
Dates for Filing Advancements
EB-3 Professionals and Skilled Workers
- Except India and China, all other countries will advance by 3 months to October 1, 2023
January Visa Bulletin: Strong Movement for Employment-Based Categories and Family-Sponsored Categories
We 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
What You Need to Know About the New Trump Gold Card Program (December 2025)
The Trump Gold Card Program — established by Executive Order 14351 and to be launched December 18, 2025— represents one of the most significant changes to U.S. immigration policy in decades.
Designed to create a pathway to U.S. permanent residency for wealthy foreign nationals willing to make substantial financial gifts to the United States, this program has generated both excitement and controversy.
What the Gold Card Is
The Gold Card is a new immigration program authorized by Executive Order 14351, signed on September 19, 2025, directing the government to implement a pathway to U.S. residency based on significant financial contributions.
Those contributions are treated as evidence of exceptional business ability and national benefit under existing employment-based visa categories (EB-1 and EB-2).
Under the program:
- Individuals must contribute a $1 million unrestricted gift to the U.S. Department of Commerce.
- A $2 million gift is required if a corporation or employer sponsors a foreign national.
- These contributions are not investments and do not accrue returns — they are treated as unconditional gifts.
The executive order instructs agencies to establish application processes, expedited adjudication, and fee structures, while maintaining normal visa quotas.
December Visa Bulletin: Strong Movement for Final Action Dates for Employment-Based Categories, and Slight Movement for Family-Sponsored Categories
We 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
November Visa Bulletin: No Movement for Employment-Based Categories, Modest Movement for Family Sponsored Categories
We 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
New Executive Order Establishes the Gold Card—Pathway to Permanent Residency for Wealthy
On 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
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