Visa Lawyer Blog

Articles Posted in White House

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In a new change to U.S. consular policy, the State Department has announced it will indefinitely pause immigrant visa issuance for nationals of 75 countries (see listed countries below), while it establishes a process for determining whether applicants are likely to become financially dependent on the U.S. government (also known as public charge).

The agency initially announced the news on social media and later published official guidance on the State Department website.

Under this new suspension—effective January 21, 2026—U.S. consular posts overseas will not issue immigrant visas (including family- and employment-based green cards) for applicants from the listed countries until the public charge policy is implemented. Applicants from these countries may still submit applications and attend interviews, but visas cannot be printed and issued during the pause.

Many of the affected nations are already subject to full or partial travel bans, meaning the practical impact may be limited for some applicants. Dual nationals applying with a passport from a country not on the list are exempt from the suspension.

The reason behind this policy shift is a renewed focus on the statutory “public charge” ground of inadmissibility, which allows visa refusal when an applicant is deemed likely to depend on U.S. government financial assistance in the future. The reassessment follows updated internal guidance that broadens the factors consular officers consider—including health, age, education, employment prospects, and financial stability—in evaluating public charge risk.

It remains unclear how long the suspension will last or how the public charge review process will ultimately change. Immigrant visa applicants from the affected countries should monitor communications from the State Department and prepare for potential delays in visa issuance.

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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.

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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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visa-3653492_1280On December 2, 2025, USCIS issued a policy memorandum placing a hold on numerous immigration benefit requests and ordering the re-examination of previously approved cases.

What the Memo Says: Key Provisions

  • Pending benefit requests frozen for many nationals. USCIS is pausing processing of all pending immigration benefit requests if the applicant’s country of birth or citizenship is one of the 19 countries listed in the June 2025 travel ban.
  • Affected Benefit Requests: The pause will affect pending Form I-485 (Application to Register Permanent Residence or Adjust Status), Form I-90 (Application to Replace Permanent Resident Card (Green Card)), Form N-470 (Application to Preserve Residence for Naturalization Purposes), Form I-751, (Petition to Remove Conditions on Residence), and Form I-131 (Application for Travel Documents, Parole Documents, and Arrival/Departure Records).
  • Re-review of approved benefits. Immigration benefits (green cards, status adjustments, travel documents, etc.) already approved may now be subject to re-review if the beneficiary entered the U.S. on or after January 20, 2021.
  • Asylum applications on pause — for everyone. All pending Forms I-589 (Asylum / Withholding of Removal applications) have been paused, regardless of nationality. The hold will remain in effect until lifted by the USCIS Director
  • Extensive list of potentially affected benefits. The freeze could impact I-485 adjustment-of-status applications, green-card renewals, travel documents, removal of conditional residence, preservation of residence for naturalization, and more. Employer-sponsored petitions may also face delays or uncertainty.

In short: thousands of pending and even approved immigration benefit cases could now be delayed or re-evaluated. The USCIS policy memorandum states that in light of recent threats to the American people:

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In the wake of a deadly shooting of two National Guard members in Washington, D.C., U.S. Citizenship and Immigration Services (USCIS) has been instructed to pause all asylum decisions until further notice.

Asylum officers at USCIS, a branch of the Department of Homeland Security, have been told to refrain from approving, denying or closing affirmative asylum applications received by the agency.

The directive comes after authorities reported that the perpetrator of the shooting was an Afghan national who had previously been granted asylum.

Officials have framed the pause as a measure to “reassess immigration and vetting procedures” in light of public safety concerns. This decision will create delays for thousands of asylum seekers who are already navigating a complex and uncertain system.

In-person appointments for applicants seeking updates on their cases are also canceled until further notice.

According to internal guidance, officers may continue conducting asylum interviews and reviewing cases up to the point of issuing a decision. “Once you’ve reached decision entry, stop and hold,” the directive stated.

On November 28th USCIS Director Joseph Edlow confirmed the news on X.

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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.

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south-sudan-1758979_1280On November 5th the Department of Homeland Security (DHS) announced that the country‑specific designation of South Sudan will be terminated for the Temporary Protected Status (TPS) program. The TPS designation for South Sudan will end on January 5, 2026.

What’s the background?

  • South Sudan was first designated for TPS in 2011 due to ongoing armed conflict and extraordinary temporary conditions in the country.
  • The designation was extended multiple times, including a six‑month extension from May 2025 through November 2025, because DHS was unable to make a timely determination by the statutory deadline.
  • In its termination decision, DHS determined that South Sudan “no longer continues to meet the conditions” for TPS under the statute.

Who is affected?

Nationals of South Sudan (and certain stateless individuals who last habitually resided in South Sudan) who currently hold TPS under that country’s designation. After January 5, 2026, they will no longer have TPS status.

What’s the timeline and transition?

  • Until January 5, 2026: The termination becomes effective then.
  • During the transition period, certain employment authorization documents (EADs) issued under the South Sudan TPS designation remain valid through that date.

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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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