Visa Lawyer Blog

Articles Posted in Immigrant Visas

by

pool-7318132_1280The 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.

Continue reading

by

ball-4623653_1280We 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

  • India will advance by one month to March 15, 2022
  • China will advance by one month to January 22, 2023
  • All other countries remain current

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

  • India will advance by six weeks to May 15, 2013
  • China will advance by two months to June 1, 2021
  • All other countries will advance by 2 months to February 1, 2024

EB-3 Professionals and Skilled Workers

  • India will advance by one month to September 22, 2013
  • China will advance by one month to April 1, 2021
  • All other countries will advance by two weeks to April 15, 2023

Continue reading

by

bike-7071098_1280
On November 12, 2025, a federal court ruling in the case Moody et al. v. Mayorkas et al. granted relief to new investors in the EB-5 program by halting the increased application fees introduced by the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2024.

What fees were increased?

Here’s a quick breakdown of the fee changes that were challenged:

Continue reading

by

circle-312343_1280The 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?

  • Traditionally, the DV-Lottery registration period opens in early October. This year, the Department confirmed a delay and said it will announce new dates later.
Continue reading

by

november-5650851_1280We 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

  • F2B Worldwide, China, and India will advance by 9 days to December 1, 2016
  • F3 Mexico will advance by 16 days to May 1, 2001

Continue reading

by

imageOn 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:

  • Unrestricted Gift requirement:

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.

  • $1 million for individuals donating on their own behalf.
  • $2 million if the gift comes from a corporation or entity on behalf of an individual
  • Visa benefits: The gift can be used as evidence of eligibility under two employment-based categories:
    • Exceptional business ability and national benefit (8 U.S.C. §1153(b)(2)(A) and
    • National Interest Waiver (8 U.S.C. §1153(b)(2)(B))
      • Could be expanded to the EB-5 immigrant investor program under 8 U.S.C. 1153(b)(5).
  • Oversight and agencies involved: The Departments of Commerce, State, and Homeland Security are tasked with implementing the program, including setting up application, processing, status adjustment, and screening for public safety / national security.
  • Use of the funds: The money raised will go into a separate Department of Commerce fund, held with the Treasury, intended to promote commerce and American industry.
  • Timeline: The order gives the relevant secretaries 90 days to lay out implementation plans (application process, when gifts may start being submitted, fees, etc.)

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.

Continue reading

by

pumpkin-5517221_1280We 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

  • At the start of the new fiscal year in October, the Final Action Dates for several EB-1, EB-2 and EB-3 countries will move forward, but none will advance by more than three and a half months, except for two notable exceptions:
    • EB-3 Other Workers China which will advance by 7 months and
    • The Final Action Date for EB-5 India will advance by almost 14 months

Continue reading

by
26493199526_8a6efa5192_z

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.

Continue reading

by

update-1672349_1280On September 3, 2025, the Department of Homeland Security (DHS) announced the termination of the 2021 designation of Temporary Protected Status (TPS) previously granted to Venezuelans by President Biden.

The government’s actions mean that the 2021 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries will expire on September 10, 2025. The termination becomes effective 60 days after publication of the Federal Register notice.

Venezuelans have long been targeted by the Trump administration due to organized crime from violent Venezuelan gangs such as the Tren de Aragua.

Therefore, it comes as no surprise that President Trump has called to dismantle TPS protections for Venezuelan nationals.

What this means

  • 2021 Venezuela TPS Designation: TPS will remain valid for current beneficiaries until September 10, 2025. The termination of the 2021 designation cannot take effect until 60 days after the termination notice is published in the Federal Register.

All TPS protection and associated work authorization will expire on the dates indicated above.

Continue reading

by

patriot-5382547_1280As we celebrate the contributions of hardworking individuals across the nation, we want to take a moment to thank you — our valued clients — for your trust and partnership.

We’re proud to support individuals and families who work tirelessly to build new lives, strengthen their communities, and pursue opportunities in a new country. Your dedication inspires the work we do, and we’re honored to stand beside you in your legal journey.

Wishing you and your loved ones a safe, restful, and well-deserved Labor Day!

Continue reading