Visa Lawyer Blog

Articles Posted in Green card

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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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The U.S. Department of Homeland Security is seeking to gain access to a federal database designed to track child support payments—a move that could expand the government’s ability to locate individuals for immigration enforcement.

According to reporting by ProPublica, officials have discussed whether DHS could obtain information from the Federal Parent Locator Service, a system maintained by the U.S. Department of Health and Human Services. The system helps states locate parents who owe child support.

One part of the system, the National Directory of New Hires, collects employment data reported by employers across the United States. The database includes wage and employment information for millions of workers.

Officials familiar with the discussions said DHS is evaluating whether this information could help immigration authorities locate undocumented immigrants. Although the database does not contain immigration status information, employment records could potentially help identify individuals’ locations.

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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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barelydevi-bakery-4737781_1280Beginning March 1, 2026, the U.S. Small Business Administration (SBA) will restrict its flagship loan programs—like the 7(a) and 504 loans—to businesses that are 100 % owned by U.S. citizens or U.S. nationals whose primary residence is in the United States.

Under the revised policy, lawful permanent residents (green card holders) are no longer permitted to hold any ownership stake (direct or indirect) in businesses seeking SBA‑backed loans.

A notice published by the agency earlier this month explains, “SBA is requiring that 100% of all direct and/or indirect owners of a small business applicant be U.S. Citizens or U.S. Nationals who have their Principal Residence in the United States, its territories or possessions.”

This rule removes a long-standing exception that previously allowed limited minority ownership of up to 5% by non‑citizens (such as E-2 investors) or green card holders under certain conditions.

Officials say the new rules implement President Trump’s January 2025 executive order, “Protecting the American People Against Invasion,” described as an effort to enforce U.S. immigration laws and safeguard public safety.

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owantana-donald-trump-2333743_1280The 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.

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On January 21, the Trump administration quietly froze immigrant visa processing for people from 75 countries — a move that instantly threw thousands of families, workers, and employers into uncertainty.

Just weeks later, civil rights organizations and affected U.S. citizens who were separated from their family members have filed a federal lawsuit seeking to overturn the visa ban.

The government has described the pause on immigrant visa issuance as a temporary measure tied to concerns about immigrants becoming a “public charge.” But the new lawsuit argues that the freeze applies broadly, without individualized review, and affects people who have already spent years navigating the legal immigration system — including spouses of U.S. citizens and highly skilled workers with approved petitions.

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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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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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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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