Visa Lawyer Blog

Articles Posted in Immigrant Visas

by

markus-spiske-RX-BevgxSXs-unsplash-scaledIn a policy memorandum released today, just ahead of the Memorial Day holiday, the Trump administration announced that temporary visa holders seeking green cards should leave the United States and complete their immigration process through consular processing in their home countries.

But is adjustment of status completely off the table? No. While the government has made clear that individuals intending to immigrate to the United States are generally expected to pursue immigrant visas abroad, adjustment of status remains a discretionary pathway to a green card.

When deciding whether to exercise discretion to grant adjustment of status in the United States, USCIS officers will apply a “totality of the circumstances” analysis, weighing both favorable and unfavorable factors before reaching a decision.

Overview

For decades, Adjustment of Status has been one of the most reliable pathways to apply for a green card for immigrants already living in the U.S., who entered the country lawfully. This process has involved filing the I-485, remaining in the country while the green card case is pending, waiting for an interview, and receiving a final approval.

The ability to apply for adjustment of status has not been taken away with today’s announcement, however, the sense of security that applicants once had has been blurred.

The Policy Memorandum

In its policy memorandum, the government stressed that individuals admitted to the United States on temporary visas (tourist, student, work visas, etc.) are generally expected to leave the country rather than pursue Adjustment of Status from inside the U.S.

Instead, those wishing to remain in the U.S. permanently are expected to apply for an immigrant visa from abroad. But today’s announcement does not prevent those who qualify from seeking adjustment of status, although applicants should exercise greater caution and understand that certain factors may negatively affect their chances of approval.

Continue reading

by

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.

Continue reading

by

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

Continue reading

by

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….”

Continue reading

by

noupload-fingerprint-2108872

USCIS is expected to pause or delay adjudication of certain immigration benefit requests that require fingerprint-based background checks following the agency’s implementation of a new enhanced FBI security vetting process.

The new process became effective on April 27, 2026.

According to reports, USCIS officers have been directed to submit pending applications for enhanced FBI background checks and to withhold final adjudication until the required security clearances are completed.

The initial group of impacted cases is expected to include applications for which fingerprints were already collected and submitted before April 27, 2026.

At a Glance

Applications requiring fingerprint-based background checks may be subject to an adjudication pause for enhanced security checks, based on new USCIS internal guidance

Affected case types are expected to include adjustment of status, asylum, naturalization, family-based green card sponsorship petitions, and other immigration benefit requests requiring biometrics (fingerprints).

For pending cases where fingerprints were submitted before April 27, USCIS officers are expected to re-submit the fingerprints already on file through the new FBI system. Applicants generally should not be required to take further action unless specifically instructed by USCIS.

Newly filed cases received after April 27 may also be placed in a processing queue while USCIS works through the backlog of pending cases requiring re-vetting. At this time, one reported exception appears to be U.S. citizenship applications where oath ceremonies have already been scheduled.

Continue reading

by

publicdomainpictures-passport-315266_1920According to a recent New York Times article, the Justice Department is reportedly preparing to expand efforts to strip citizenship from naturalized Americans, identifying 384 people whose citizenship it may try to revoke.

These cases may be assigned to prosecutors across 39 U.S. attorney’s offices, which could mean a sharp increase in denaturalization cases.

What’s Denaturalization?

Continue reading

by

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

Continue reading

by

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.

Continue reading

by

mohamed_hassan-passport-8621284_1280-1On March 11, 2026, the U.S. Department of State published a final rule in the Federal Register requiring applicants to hold a valid passport before entering the Diversity Visa (DV) lottery—commonly known as the “green card lottery,” effective April 10, 2026.

This change marks a return to a policy first introduced during the Trump administration, later struck down in 2022, and now reinstated through formal rulemaking. For many applicants around the world, the update will reshape how—and whether—they can participate the green card lottery.

What Is the Diversity Visa Program?

The Diversity Visa program allocates up to 55,000 immigrant visas each year to individuals from countries with historically low levels of immigration to the United States.

Applicants are selected through a randomized lottery system. For many, particularly in parts of Africa and other underrepresented regions, the program serves as a rare opportunity to pursue lawful permanent residency.

What’s Changing Under the New Rule?

The most important change is simple but impactful:

  • Applicants must now possess a valid, unexpired passport at the time of entry
  • They must provide passport details (number, country, expiration date) and
  • They must upload a digital scan of the passport’s biographic page at the time of registering.

Previously, applicants could enter the lottery without a passport and only needed one if selected. That flexibility is now gone.

The rule is expected to take effect April 10, 2026, and apply to the DV-2027 lottery cycle.

Continue reading

by

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. 

Continue reading