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.
The 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.
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
EB-2 Members of the Professions and Aliens of Exceptional Ability
EB-3 Professionals and Skilled Workers
On 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
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.
The 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?
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
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:
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.
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.
We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the October 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 October, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.
Highlights of the October 2025 Visa Bulletin
At a Glance
What can we expect to see in the month of October?
Employment-Based Categories
Final Action Advancements
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.
On Tuesday, August 19th, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance clarifying that immigration officers will assess a range of factors when determining whether to grant a favorable exercise of discretion in the green card process—signaling a tougher stance that may create additional hurdles for applicants seeking approval.
Even where a person has met all eligibility requirements for a green card, officers are required to conduct a discretionary analysis to determine whether an application should be approved. This exercise of discretion involves weighing positive factors against negative ones and considering the totality of the circumstances of each applicant’s case.
Among these factors, immigration officers will need to consider the “[legality of] past requests for parole,” “any involvement in anti-American or terrorist organizations,” and “evidence of antisemitic activity,” which are counted as negative factors weighing against a favorable exercise of discretion.
This guidance is also meant to provide clearer guidance to immigration officers on the “substantial negative discretionary weight” that should be given in cases where an individual has “endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group.” This includes those supporting or promoting anti-American sentiments, antisemitic terrorism, terrorist groups with antisemitic agendas, or antisemitic beliefs.
Visa Lawyer Blog