Visa Lawyer Blog

Articles Posted in Employment-Based Categories

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vilkasss-ai-generated-8894582-scaledU.S. Citizenship and Immigration Services (USCIS) is reportedly increasing scrutiny of EB-5 immigrant investor applications filed by individuals with ties to certain Chinese technology companies and institutions.

Recent cases suggest that adjudicators are looking beyond traditional EB-5 requirements—such as lawful source of funds and job creation—and are instead placing greater emphasis on national security concerns, including potential connections to Chinese companies involved in telecommunications, artificial intelligence, cybersecurity, and data infrastructure.

Applicants who have worked for or are affiliated with major firms and universities associated with China’s tech ecosystem may face additional background checks and requests for detailed disclosures about their employment history, organizational roles, and any perceived government or military links.

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elin-melaas-rAfpEO53684-unsplash-scaledWe are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the June 2026 Visa Bulletin.

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

Adjustment of Status Chart

For adjustment of status filings to permanent residence in the month of June, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

   Highlights of the June 2026 Visa Bulletin

At a Glance

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

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 retrogress 3.5 months to December 15, 2022
  • Except China, all other countries remain current

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

  • EB-2 India will retrogress 10.4 months to September 1, 2013
  • Except China, all other countries remain current

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fernandozhiminaicela-stethoscope-4280497-scaled

The Trump administration has quietly reversed a policy that threatened the jobs and immigration status of thousands of foreign doctors working in the United States.

Doctors from countries impacted by the administration’s expanded travel ban will once again be allowed to continue processing visa applications, work permits, and green card cases.

Earlier this year, the Department of Homeland Security implemented a freeze on immigration benefits for nationals from 39 countries. The policy placed many foreign physicians in legal limbo, forcing some hospitals to place doctors on administrative leave while others faced the possibility of losing their ability to work entirely.

The administration has now confirmed that applications associated with medical physicians will continue processing, exempting doctors from the immigration freeze. The change was made quietly, without a formal public announcement.

The update appeared on the USCIS webpage outlining its enhanced screening and vetting procedures which now indicates doctors are no longer subject to adjudicative processing holds:

“Internal Review Process

USCIS established an internal process for lifting holds on individual or group cases, requiring comprehensive review by multiple offices. Holds have been lifted for aliens vetted through Operation PARRIS, certain petitions filed by U.S. citizens, intercountry adoption forms, certain rescheduled oath ceremonies, statutory and regulatory decision issuance, refugee registrations for South African citizens/nationals, certain special immigrant visa petitions, certain employment authorization documents, and asylum applications from non high-risk countries, and applications associated with medical physicians….”

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glen-carrie-vavYIIv-Puo-unsplash-scaledWe are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the May 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 May, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will now use the Final Action Dates Chart.

            Highlights of the May 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

EB-3 Other Workers

  • Worldwide and Mexico will advance 3 months to February 1, 2022

EB-5 Unreserved Categories (C5, T5, I5, and R5)

  • EB-5 China will advance 3 weeks to September 22, 2016

Dates for Filing Advancements

EB-5 Unreserved Categories (C5, T5, I5, and R5) 

  • EB-5 China will advance 4 months to March 1, 2017

Family-Sponsored Categories

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popmelon-ai-generated-8647282-scaledA newly proposed rule from the U.S. Department of Labor (DOL) could significantly reshape the cost and strategy of hiring foreign talent through the H-1B and PERM programs.

The proposal, aimed at increasing wage protections for U.S. workers, is expected to drive up salary requirements—adding what some are calling “sticker shock” for employers.

What the Proposed Rule Does

The DOL’s proposal focuses on revising how prevailing wages are calculated across H-1B, H-1B1, E-3, and PERM programs. Instead of relying on lower wage percentiles, the rule would shift wage levels upward to better reflect actual market compensation.

Under the current system, wages are divided into four levels based on experience. The proposal would significantly raise each level—for example, entry-level wages would move from the 17th percentile to the 34th percentile, with similar increases across all tiers.

The DOL’s stated goal is to ensure foreign workers are paid comparably to similarly situated U.S. workers and to eliminate incentives for employers to hire lower-cost foreign labor.

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alexas_fotos-april-3109706-scaledWe are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the April 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 April, USCIS will continue using the Dates for Filing Chart for the employment-based and family-sponsored categories.

Highlights of the April 2026 Visa Bulletin

At a Glance

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

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 and China will advance one month to April 1, 2023
  • All other countries will remain current

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

  • EB-2 India will advance 10 months to July 15, 2014
  • Except China, all other countries (Worldwide, Mexico, Philippines) will become current

*Note, there is an immigrant visa freeze for all countries subject to the 75-country ban on immigrant visa issuance. Lawsuits opposing the freeze are currently pending. 

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ujeans-painting-1292226_1280We 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

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judge-10029829_1280On 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.

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map-of-the-world-2401458_1280

In a new change to U.S. consular policy, the State Department has announced it will indefinitely pause immigrant visa issuance for nationals of 75 countries (see listed countries below), while it establishes a process for determining whether applicants are likely to become financially dependent on the U.S. government (also known as public charge).

The agency initially announced the news on social media and later published official guidance on the State Department website.

Under this new suspension—effective January 21, 2026—U.S. consular posts overseas will not issue immigrant visas (including family- and employment-based green cards) for applicants from the listed countries until the public charge policy is implemented. Applicants from these countries may still submit applications and attend interviews, but visas cannot be printed and issued during the pause.

Many of the affected nations are already subject to full or partial travel bans, meaning the practical impact may be limited for some applicants. Dual nationals applying with a passport from a country not on the list are exempt from the suspension.

The reason behind this policy shift is a renewed focus on the statutory “public charge” ground of inadmissibility, which allows visa refusal when an applicant is deemed likely to depend on U.S. government financial assistance in the future. The reassessment follows updated internal guidance that broadens the factors consular officers consider—including health, age, education, employment prospects, and financial stability—in evaluating public charge risk.

It remains unclear how long the suspension will last or how the public charge review process will ultimately change. Immigrant visa applicants from the affected countries should monitor communications from the State Department and prepare for potential delays in visa issuance.

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calendar-8705482_1280We 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

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