Visa Lawyer Blog

Articles Posted in Nonimmigrants

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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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graphic-4067697_1280As the FY 2027 H-1B cap season approaches, employers will need to take additional steps to prepare for the new wage-based weighted selection system and to assess whether their petitions will be subject to the recently implemented $100,000 H-1B fee.

Registration Opens March 4, 2026

USCIS recently announced that the initial registration period for the FY 2027 H-1B cap will open at 12:00 p.m. Eastern on March 4, 2026, and will close at 12:00 p.m. Eastern on March 19, 2026.

During this window, employers and their representatives must use a USCIS online account to electronically register each prospective H-1B cap beneficiary for the selection process and pay the required $215 registration fee for each registration.

New Changes to the H-1B Lottery

Pursuant to a new regulation, the Department of Homeland Security (DHS) is replacing the traditional random H-1B cap lottery with a weighted selection process that prioritizes beneficiaries offered the highest wages under the Department of Labor’s four-level prevailing wage structure.

DHS plans to implement the system on February 27, 2026, in advance of the FY 2027 H-1B cap season beginning in March 2026.

As a result, employers will be required to indicate, for each prospective beneficiary registered in the H-1B cap system, the applicable Department of Labor (DOL) prevailing wage level corresponding to the offered salary.

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arrow-9487436_1280The U.S. Citizenship and Immigration Services (USCIS) recently announced that the agency will increase the fees for premium processing service for certain employment-based applications and petitions on March 1, 2026 to reflect inflationary adjustments.

Those who plan to file a request for premium processing postmarked on or after March 1, 2026, must include the new fee for the specific benefit requested.

The new premium processing fees are as follows:

Case type  Current Premium Processing Fee New Premium Processing Fee Increase

Form I-140		 $2,805 $2,965 $160

Form I-129		 $2,805
$1,685 (H-2B & R-1)		 $2,965
$1,780 (H-2B or R-1)		 $160
$95

Form I-539		 $1,965 $2,075 $110

Form I-765
(F-1 OPT)		 $1,685 $1,780 $95

Applicants and employers who wish to avoid the upcoming increase in the premium processing fee should make sure to submit their requests well in advance of the March 1st deadline.

Submitting early not only helps lock in the current lower fee but also reduces the risk of processing delays that could occur as the fee change approaches. Careful planning and timely submission are essential for those looking to take advantage of the existing rate before the new, higher fee takes effect.

For more information, please click here.

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children-5606239_1280
Nearly 200 immigrants, including six from Massachusetts, have filed a federal lawsuit against the U.S. government over a sudden pause in processing green cards, citizenship applications, and asylum petitions. The pause was announced by U.S. Citizenship and Immigration Services (USCIS) shortly after the Trump administration expanded travel restrictions to 39 countries—20 of them facing partial restrictions.

Why USCIS Paused Green Card Processing for Travel Ban Countries

USCIS has paused the processing of green card applications for individuals from countries subject to the travel ban to ensure that all applicants are thoroughly vetted before being allowed to enter or remain in the United States. The agency stated that the pause allows it to review and strengthen security screenings for people from the affected countries. According to the Department of Homeland Security, the temporary halt is intended to maximize the effectiveness of background checks and other vetting procedures, with the goal of protecting public safety while the agency implements the updated immigration restrictions.

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hiring-1977914_1280The U.S. Department of Homeland Security (DHS) has issued a final rule that replaces the longstanding random H‑1B cap lottery with a wage‑level‑based weighted selection system, set to take effect in time for the fiscal year 2027 H‑1B cap season beginning in March 2026.

Under the new rule, beneficiaries registered for the H‑1B cap will be entered into the selection pool with entries weighted according to the wage offered by their prospective employer under the Department of Labor’s four‑level prevailing wage system.

A beneficiary offered a Level 4 wage receives four entries in the selection pool, Level 3 three entries, Level 2 two entries, and Level 1 one entry, giving higher‑wage positions statistically greater odds of selection than lower‑wage positions.

Employers must indicate the appropriate wage level, occupational code, and work location in each registration, and U.S. Citizenship and Immigration Services (USCIS) may deny or revoke petitions if it determines that an incorrect wage level was indicated to unfairly increase selection odds.

The rule is scheduled to take effect 60 days after its December 29 publication in the Federal Register, though it may face court challenges before implementation.

Requirements for Offered Wages

H‑1B cap registrations will reflect the OEWS wage level corresponding to the wage offered to the prospective employee. When submitting a registration, the sponsoring employer must select the highest OEWS wage level that the offered wage meets or exceeds for the relevant occupation in the intended work location.

If the employee will work in multiple locations, the employer must use the lowest applicable OEWS wage level. Additionally, if multiple employers register the same foreign national, that individual will be entered into the H‑1B lottery using the registration with the lowest prevailing wage level.

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nils-huenerfuerst-xkq3mbthlh0-unsplash-scaledThe U.S. government has issued a revised travel ban that takes effect at 12:01 a.m. ET on January 1, 2026, significantly expanding restrictions on visa issuance for nationals of 39 countries and individuals travelling with Palestinian Authority–issued travel documents.

Under the new presidential proclamation, immigrant and nonimmigrant visas are fully suspended for nationals of 19 countries, which now include seven newly added nations. An additional 19 countries face partial restrictions — limiting immigrant visas and certain nonimmigrant categories (e.g., B, F, M, J visas). One country, Turkmenistan, now faces only immigrant visa restrictions.

Importantly, the ban does not revoke existing visas or apply to foreign nationals already in the United States on January 1, 2026, with valid visas. Other exceptions include U.S. lawful permanent residents, dual nationals travelling on a non-designated passport, certain diplomats, and athletes travelling for major events.

This expanded travel ban marks one of the most sweeping visa restrictions in recent U.S. policy, with potential impacts on U.S. employers, and visa holders.

What are the countries subject to full restrictions

The proclamation adds seven countries to the existing 12 countries whose nationals are barred from both immigrant and nonimmigrant visa issuance. The initial 12 countries with continued full visa restrictions are:

  • Afghanistan
  • Burma
  • Chad
  • Republic of Congo
  • Equatorial Guinea
  • Eritrea
  • Haiti
  • Iran
  • Libya
  • Somalia
  • Sudan
  • Yemen

The proclamation adds the following seven countries to the full restriction list:

  • Burkina Faso
  • Laos (previously on the June travel ban “partially restricted” list)
  • Mali
  • Niger
  • Sierra Leone (previously on the June travel ban “partially restricted” list)
  • South Sudan
  • Syria

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payment-terminal-6400998_1280On August 29, 2025, U.S. Citizenship and Immigration Services (USCIS) announced a major update to how filing fees for USCIS forms are paid.

Starting October 28, 2025, all payments must be made electronically through ACH bank transfer from a U.S. bank account or with credit/debit cards. Paper checks and money orders will no longer be accepted.

Payment Methods

  • USCIS offers ACH (electronic debit) payments, allowing applicants and petitioners to authorize fees directly from a U.S. bank account using Form G‑1650 Authorization for ACH Transactions.
  • Applicants can also make payments with a credit or debit card using Form G‑1450—Authorization for Credit Card Transactions.

Applicants should confirm that the bank account or card used has sufficient funds to avoid rejected filings.

Why the Change

This initiative supports Executive Order 14247, “Modernizing Payments to and from America’s Bank Account,” which seeks to streamline the processing of checks and money orders, reduce staff workload, and minimize risks related to fraud, lost payments, and theft.

USCIS spokesman Matthew J. Tragesser, cited in the agency’s press release, stated, “Over 90% of our payments come from checks and money orders, causing processing delays and increasing the risk of fraud and lost payments.”

For additional guidance on making a payment for USCIS filing fees, please reach out to your caseworker or an attorney at the Law Offices of Jacob Sapochnick.

To learn more about this announcement, please click here.

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hiring-1977803_1280On 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

  • If you file your I-765 renewal on or after October 30, 2025, you will not receive an automatic extension of your EAD for most categories.
  • The rule affects many categories of renewal applicants, including (but not necessarily limited to) those applying under asylum, adjustment of status, H-4 dependent spouses (EAD category C26), etc.
  • Automatic extensions that were already granted (for renewal applications filed before the cut-off) remain valid.
  • Some limited exceptions remain, notably for certain categories such as those tied to TPS (Temporary Protected Status) where automatic extension may still be provided by law or Federal Register notice.

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.

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ai-generated-8775233_1280On October 3, 2025, a coalition of labor unions, healthcare providers, academic institutions, and religious groups, filed a lawsuit urging a federal court to strike down the $100,000 fee imposed on new H-1B petitions by the Trump administration for workers outside the United States.

What the Lawsuit Says

The lawsuit, filed in the U.S. District Court for the Northern District of California, argues that the fee which took effect September 21, violates both the Immigration and Nationality Act and the Administrative Procedure Act. Plaintiffs claim the President lacks authority to unilaterally impose a fee of this kind, especially one designed to raise revenue or direct government spending.

The Trump administration’s sudden rollout of the H-1B fee caused immediate disruptions:

  • Workers abroad scrambled to return to the United States, paying steep travel costs.
  • Others inside the U.S. canceled planned international travel.
  • Some even asked to deplane midflight upon hearing the news.

The fee is seen by critics as a threat to institutions that rely heavily on skilled foreign workers—such as universities, health systems, and religious groups—particularly in fields already facing staffing shortages.

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people-4009327_1280On September 24, 2025, the Department of Homeland Security (DHS) issued a proposed rule that would change the current selection process for selecting H-1B visa petitions subject to the annual numerical limits established by the Immigration and Nationality Act.

Under the proposed rule, the current random lottery system would be replaced with a wage-based selection process that prioritizes the selection of H-1B workers offered higher salaries by sponsoring employers.

The goal is to better align the H-1B program with U.S. labor market needs by increasing the chances of selection for higher-paid, and presumably higher-skilled, foreign workers. This change aims to reduce the potential for abuse in the system, discourage mass low-wage registrations, and ensure that the most economically valuable positions are filled through the H-1B program.

What may change

Currently, the U.S. government selects H-1B visa petitions through a randomized lottery system due to the annual numerical cap on available visas. Employers first submit electronic registrations for each prospective H-1B worker during a designated registration period, typically held in March. Because the demand for H-1B visas consistently exceeds the supply, the U.S. Citizenship and Immigration Services (USCIS) conducts a lottery to determine which petitions can proceed with applying for H-1B visas.

There are two separate caps under the H-1B program: the regular cap of 65,000 visas and an additional 20,000 visas reserved for individuals who hold advanced degrees from U.S. institutions (commonly referred to as the master’s cap). All registered beneficiaries, including those with U.S. advanced degrees, are first entered into the regular cap lottery. After 65,000 are selected, those with U.S. master’s degrees who were not chosen in the initial round are entered into a second lottery for one of the 20,000 advanced degree slots.

This current system does not prioritize applicants based on wage levels, qualifications, or skills. Selection is purely random as long as the minimum eligibility requirements are met.

However, the Department of Homeland Security (DHS) is proposing changes that would shift the selection process to favor higher-paid workers.

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