Visa Lawyer Blog

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note-42883_1280-1We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the June 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 employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of June.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of June.

Please click here for more information.

Highlights of the June 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Dates for Filing Advancements

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

  • EB-2 China will advance by 2 months to January 1, 2021
  • EB-2 All countries, except India will advance by 3.5 months to November 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 China will advance by 1.2 months to December 22, 2020

EB-3 Other Workers

  • EB-3 All countries, except India and China will advance by 1 month to July 22, 2021

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may-4999078_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the May 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 employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of May.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of May.

Please click here for more information.

Highlights of the May 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Dates for Filing Advancements

  • No change

Final Action Advancements & Retrogressions

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by 2 weeks to April 15, 2013

EB-3 Other Workers

  • EB-3 India will advance by 2 weeks to April 15, 2013

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

  • India will retrogress by 6 months to May 1, 2019

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boeing-159589_1280A new article published in the New York Times reveals the 43 countries that are reportedly included in President Trump’s new travel ban, expected to be released by executive order on Friday March 21st.

According to anonymous government sources, the White House is considering a draft proposal establishing partial or full suspensions on entry to the United States for countries falling into three different tiers: red, orange, and yellow.

The “red” list of countries includes nationals whose entry to the United States would be barred for a temporary period that is yet to be determined by the U.S. government including:

  • Afghanistan
  • Bhutan
  • Cuba
  • Iran
  • Libya
  • North Korea
  • Somalia
  • Sudan
  • Syria
  • Venezuela and
  • Yemen

The draft proposal also includes an “orange” list of countries whose nationals would not be barred from the United States, but who must be properly vetted and screened at mandatory in-person visa interviews before gaining admission to the United States.

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calendar-162126_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the April 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 employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of April.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of April.

Please click here for more information.

Highlights of the April 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Dates for Filing Advancements

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

  • EB-2 India will advance by 1 month to February 1, 2013
  • EB-2 China will advance by 1 month to November 1, 2020

EB-3 Other Workers

  • EB-3 Worldwide, Mexico, and the Philippines will advance by 1 month to June 22, 2021

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judge-7602999_1280Last week the United States Citizenship and Immigration Services (USCIS) released a new policy memorandum that requires the agency to initiate removal proceedings after it denies an application for an immigration benefit, if the foreign national is no longer lawfully present in the United States.

Importantly, the memo exempts certain individuals including beneficiaries of employment-based petitions, but it does not exempt dependent family members.

The memorandum also broadens USCIS’s authority to begin removal proceedings for certain foreign nationals with previous criminal charges, arrests, or convictions.

It is effective immediately.

How will USCIS implement this policy?

Under this policy, USCIS will initiate removal proceedings against a foreign national by issuing a Notice to Appear (NTA) after it has denied an application for an immigration benefit, if the foreign national no longer has a lawful basis to remain in the United States.

The issuance of a Notice to Appear (NTA) commences removal (deportation) proceedings in immigration court. Those who are issued an NTA must appear on the scheduled date before a judge who will decide whether the foreign national has a lawful basis to remain in the country or should be removed.

Traditionally, Notices to Appear (NTAs) have been issued by Immigration Customs and Enforcement (ICE) and Customs and Border Protection (CBP) officials.

However, USCIS also has the authority to issue NTAs in limited circumstances defined in policy memorandums issued by the agency.

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This image is licensed under the Creative Commons Attribution License Fibonacci Blue

Watch the Press Conference here.

On Wednesday February 26th House lawmakers reintroduced the American Dream and Promise Act of 2025—a bill that would create a legal pathway to citizenship for undocumented immigrants brought to the United States as children known as “Dreamers.” The bill would also include beneficiaries of Temporary Protected Status or Deferred Enforced Departure.

The Deferred Action for Childhood Arrivals (DACA) program was first created in 2012 by the Obama administration to protect eligible undocumented immigrants who were brought to the U.S. as children from deportation, while allowing them to apply for work authorization for temporary, renewable periods.

After a lengthy legal battle, the U.S. Court of Appeals for the Fifth Circuit allowed the U.S. Citizenship and Immigration Services (USCIS) to continue to accept and process DACA renewal applications and accompanying applications for employment authorization. However, USCIS is prohibited from processing initial requests for DACA.

In a statement accompanying the reintroduction of the bill, Congresswoman Sylvia Garcia, one of its authors said, “Dreamers are American in every way but on paper. For decades, they have contributed to and shaped the fabric of America. Yet, they are currently denied their place in the American story.

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igor-omilaev-M7iMdnG4R_g-unsplash-scaledWhile signing executive orders in the Oval Office on Tuesday, the President dropped a bombshell informing reporters of his new plan to rollout a new “Gold Card” visa program, which would provide permanent residency to foreign nationals and U.S. employers willing to pay a fee of $5 million.

President Trump said the “Gold Card,” program could be implemented by executive order as soon as the next two weeks.

Joining him in the discussion was the newly appointed Secretary of Commerce Howard Lutnick who shared that the “Gold Card” will eventually replace the EB-5 Immigrant Investor Program.

Created by Congress, the EB-5 program currently gives foreign immigrant investors the opportunity to make a minimum investment of $800,000 in underserved areas of the country in exchange for a conditional 2-year green card. Lutnick criticized the program saying it was “riddled with fraud.”

If the Trump administration has it their way, the EB-5 program may soon be replaced with the more glamorous “Gold Card” which will require enhanced screening and vetting of applications for visas.

When asked by reporters, the President denied the need for Congressional approval to make his plan a reality and said those eligible would not need to pay taxes on income earned outside of the United States.

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staff-6779620_1280We bring you this breaking news to inform our readers that the Trump administration has ordered U.S. Embassies and Consulates worldwide to begin the process of firing its staff members and has taken further actions to dramatically change the operations of the foreign service moving forward.

The U.S. foreign service is the diplomatic branch of the Department of State that is responsible for representing U.S. interests abroad. This includes the issuance of U.S. visas at U.S. Consulates and Embassies worldwide.

These changes have been made in response to President Trump’s executive order entitled, “One Voice for America’s Foreign Relations,” signed on February 12th.

The President’s executive order calls upon the Department of State headed by Marco Rubio to make dramatic changes to the way foreign U.S. Consulates and Embassies operate.

This includes making the following changes:

  • Consular officers and employees must faithfully implement the President’s foreign policies
  • Failure to implement the President’s agenda will be grounds for professional discipline, which may result in firing Consular personnel
  • The Secretary of State will change the foreign service to better align with the President’s foreign policy agenda
  • These reforms include making changes to the recruitment, performance, evaluation, and retention standards of foreign service employees including U.S. Consular officers
  • The Secretary of State will make revisions and replacements to the Foreign Affairs Manual (FAM). The Foreign Affairs Manual (FAM) is an authoritative source used by Consular officers when issuing U.S. visas at Consulates and Embassies worldwide
  • The Secretary of State will direct subordinate agencies to remove, amend, or replace any handbooks, procedures, or guidance which are used by Consular officials when issuing U.S. visas at posts worldwide

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painting-1292226_1280-1We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the March 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 employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of March.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of March.

Please click here for more information.

Highlights of the March 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Dates for Filing

  • No change from previous month 

Final Action Advancements & Retrogressions

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

  • EB-2 India will advance by more than six weeks to December 1, 2012
  • EB-2 China will advance by two weeks to May 8, 2020
  • EB-2 All other countries will advance by six weeks to May 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by almost seven weeks to February 1, 2013
  • EB-3 China will advance by one month to August 1, 2020

EB-3 Other Workers

  • EB-3 India will advance by almost seven weeks to February 1, 2013
  • EB-3 Philippines will advance by five weeks to January 15, 2021
  • EB-3 All other countries will advance by almost two months to February 1, 2021

EB-4 Religious Workers

  • EB-4 All countries retrogressed by seventeen months to August 1, 2019 

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Source: Flickr
Attribution mollyktadams

U.S. Congresswoman Sylvia Garcia of the state of Texas is leading a renewed push to create a pathway to citizenship for Deferred Action for Childhood Arrivals (DACA) recipients. Currently, DACA recipients are allowed to renew their DACA benefits but the future of the program remains uncertain.

Following a meeting with the Congressional Hispanic Caucus, Garcia urged President Trump to work with lawmakers on passing the American Dream and Promise Act. This piece of legislation was originally introduced in 2021 and was refiled in 2023, but the bill failed to gain approval from lawmakers.

The bill would give 10-year conditional permanent resident status to qualifying individuals who entered the United States as minors. Eligible candidates must pass background checks, prove that they have continuously lived in the U.S. since 2021, and be enrolled in school or have graduated. Among those who would benefit are those who are deportable or inadmissible, have deferred enforced departure, temporary protected status, or are children of “certain classes of nonimmigrants.”

As of September 2024, there were roughly 538,000 DACA beneficiaries in the United States. Another 3.6 million arrived in the U.S. as children but do not have protections. The Trump administration has remained largely silent on how it will approach the DACA program.

As we watch closely for more concrete developments, we encourage DACA recipients to meet with their attorneys to discuss potential legal avenues. These include employment-based non-immigrant visas, 245(i) eligibility for adjustment of status for those who qualify, and other screening.

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