Visa Lawyer Blog

Articles Posted in Permanent Residents

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the-now-time-KXUKLB-_Sb0-unsplash-1-scaledOn Friday, June 5, a federal judge struck down several Trump administration immigration policies that targeted asylum seekers and halted the processing of immigration benefit applications for individuals from 39 countries, finding that the administration had exceeded its legal authority.

Last year, the administration paused asylum case processing and suspended immigration benefit applications for affected individuals subject to the travel ban for an undetermined period of time, leaving millions of immigrants across the United States facing uncertainty about their legal status.

In a lengthy 135-page court opinion, Chief U.S. District Judge John McConnell found that the U.S. Citizenship and Immigration Services (USCIS) acted unlawfully by implementing broad restrictions without authorization from Congress or established regulations. The court concluded that the policy unfairly targeted applicants based on their country of origin and violated federal immigration and administrative law.

The opinion comes after several plaintiff organizations including Dorcas International Institute of Rhode Island and Refugee Dream Center filed a lawsuit in federal court arguing that thousands of individuals were prevented from obtaining lawful immigration benefits despite meeting eligibility requirements. The ruling reinforces the principle that immigration agencies must follow existing law and cannot create sweeping restrictions without proper legal authority.

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vilkasss-ai-generated-9817359-scaledThe U.S. Department of Justice has officially closed the San Francisco Immigration Court months earlier than expected, transferring its operations to the Concord Immigration Court.

The sudden closure has caused uncertainty for thousands of immigrants whose cases were pending in San Francisco.

Immigration courts handle deportation proceedings, asylum claims, and other immigration-related hearings.

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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.

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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….”

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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.

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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

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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.

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ujeans-painting-1292226_1280We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the March 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

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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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owantana-donald-trump-2333743_1280The Trump administration’s “Gold Card” visa program, which lets ultra-wealthy immigrants obtain permanent U.S. residency in exchange for a $1 million gift, is now the target of a federal lawsuit challenging its legality.

The lawsuit filed by the American Association of University Professors argues that the program is unlawful, claiming it violates the Administrative Procedure Act, the Immigration and Nationality Act, and was implemented without statutory authority.

Instead of calling on Congress to establish a new visa category, President Trump unilaterally created the Gold Card program by executive order. The order instructs federal agencies to utilize visa numbers from the existing EB-1 “extraordinary ability” and EB-2 “exceptional ability” green card categories, which have been specifically reserved by Congress for highly skilled individuals at the top of their field.

Under the Gold Card program, a $1 million payment by an individual—or $2 million paid by a corporation on their behalf—is treated as proof that the applicant satisfies the EB-1 or EB-2 visa criteria.

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