Visa Lawyer Blog

Articles Posted in USCIS

by

gdj-borders-2099239_1280The U.S. Department of Homeland Security (DHS) has officially terminated the Temporary Protected Status (TPS) designation for Yemen, ending protections that shielded Yemeni nationals from deportation and allowed them to work legally in the United States.

The change, announced on February 13, 2026, takes effect 60 days after the notice is published in the Federal Register.

Yemen was first designated for TPS in September 2015 due to severe armed conflict that made return unsafe. Since then, Yemeni nationals in the U.S., roughly 1,300–1,400 people were able to live and work here under this humanitarian status.

In announcing the termination, DHS said its review found that Yemen no longer meets the law’s requirements for TPS and that ending the designation was in the national interest. Affected individuals who have no other lawful status will have the 60-day wind-down period to either depart the U.S. voluntarily or pursue alternative immigration pathways.

The decision marks another step in the administration’s broader effort to roll back TPS protections that have been in place for decades for people from countries experiencing war, natural disaster, or other extraordinary conditions.

Continue reading

by

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.

Continue reading

by

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.

Continue reading

by

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.

Continue reading

by

judge-10029829_1280On January 28th a federal judge in Nebraska ruled that U.S. Citizenship and Immigration Services (USCIS) must approve an EB-1A petition that was previously denied, based on the court’s finding that the “final merits requirement,” was unlawfully adopted by USCIS.

What Happened in the EB-1A Case?

On January 28, 2026, a U.S. District Court judge in Nebraska issued a decision in Mukherji v. Miller in favor of an EB-1A applicant who challenged the denial of her I-140 petition. The case focused on USCIS’s practice of applying a “final merits determination,” an additional layer of review that goes beyond evaluating whether an applicant meets the regulatory criteria for the EB-1A classification.

Continue reading

by

police-car-9817014_1280-1An internal Immigration and Customs Enforcement (ICE) policy memorandum provides new insights into how immigration enforcement works inside people’s homes.

According to the memorandum, as early as May 2025, ICE told officers and agents they could break into people’s homes without a judicial warrant, as long as they had an administrative warrant and the person inside had a final deportation order.

The detention of people inside their residences, based solely on administrative warrants, marks a concerning shift in policy.

For years, legal experts have said the rule is simple: don’t open the door unless agents show a judge-signed warrant. The Fourth Amendment is clear—your home is protected from unreasonable searches and seizures. Typically, law enforcement can only enter with a judge’s approval, your permission, or in rare emergencies.

But this new policy says administrative warrants are enough. ICE officers are instructed to knock, identify themselves, and state their purpose. If someone refuses, according to the memo, agents can use “necessary and reasonable force” to enter.

The Department of Homeland Security says this is legal because “immigrants in the country illegally who are served administrative warrants or I-205s, (removal or deportation warrants), have had full due process and a final order of removal from an immigration judge.” But it removes a key constitutional safeguard and could lead to serious abuse.

Continue reading

by

calendar-8705482_1280We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the February 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 February, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.

Highlights of the February 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

EB-3 Professionals and Skilled Workers

  • Except India and China, all countries will advance by 5.7 weeks to June 1, 2023

Dates for Filing Advancements

EB-3 Professionals and Skilled Workers

  • Except India and China, all other countries will advance by 3 months to October 1, 2023

Continue reading

by

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.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

Helpful Links

JOIN OUR NEW FACEBOOK GROUP

Need more immigration updates? We have created a new facebook group to address the impact of the new executive orders and other changing developments. Follow us there!

by

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.

Continue reading

by

us-capitol-1533368_1280The U.S. Citizenship and Immigration Services (USCIS) is temporarily pausing the processing of adjustment of status applications for Diversity Visa Lottery winners, and related filings, following the recent shootings in New England.

This was announced in a brief social media post by the Secretary of the Department of Homeland Security, Kristi Noem shortly after the alleged shooter was identified.

While the Diversity Visa (DV) program is administered by the State Department, USCIS is responsible for adjudicating green card adjustment applications and related filings submitted by DV lottery selectees who are already in the United States.

Before Secretary Noem’s announcement, parts of the DV Lottery program have been placed on hold for several months. The start of the DV-2027 program has been delayed since early November.

Security Vetting for Pending Diversity Visa Lottery Green Card Applicants

USCIS plans to conduct a review of pending diversity visa adjustment of status applications, including:

  • Screening against terrorist databases
  • Reviewing whether the applicant has been or is connected to activities, individuals, or organizations that pose national security or criminal concerns
  • Reviewing whether the applicant is or has been involved with activities, individuals, or organizations that pose serious risks to the community due to criminal conduct, mental health issues, or national security concerns and
  • Determining whether the foreign national is able to establish their identity.

Continue reading