Visa Lawyer Blog

Articles Posted in Work Visas

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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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vilkasss-ai-generated-8894582-scaledU.S. Citizenship and Immigration Services (USCIS) is reportedly increasing scrutiny of EB-5 immigrant investor applications filed by individuals with ties to certain Chinese technology companies and institutions.

Recent cases suggest that adjudicators are looking beyond traditional EB-5 requirements—such as lawful source of funds and job creation—and are instead placing greater emphasis on national security concerns, including potential connections to Chinese companies involved in telecommunications, artificial intelligence, cybersecurity, and data infrastructure.

Applicants who have worked for or are affiliated with major firms and universities associated with China’s tech ecosystem may face additional background checks and requests for detailed disclosures about their employment history, organizational roles, and any perceived government or military links.

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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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d4rkwzd-recruitment-6838250_1280The Trump administration has introduced a new visa screening policy at consulate interviews that could make it harder for people with potential asylum claims to enter the United States.

According to the Washington Post, consular officers are now directed to ask nonimmigrant visa applicants whether they have been persecuted in their home country, or fear harm if they return.

That question may sound harmless, but the consequences are significant. If an applicant says they have suffered harm/mistreatment in their country, or fear harm/mistreatment in returning home, their visa could be denied. If they say they do not fear returning to their home country and later apply for asylum in the United States, the government may use that earlier answer against them. This creates a serious dilemma for people who may genuinely need protection in the future.

The policy appears designed to screen potential asylum claims before an applicant ever reaches U.S. soil. Under U.S. asylum law, a person generally must be physically present in the United States or arrive at a U.S. border to request asylum. By using the visa process to flag and deny applicants who may later seek protection, the government could stop some individuals from ever getting the chance to present their asylum claims.

This change could especially affect people from countries facing political violence, religious persecution, war, government abuse, or targeted discrimination. Students, tourists, workers, and business visitors may all face difficult questions if they have legitimate reasons to travel to the U.S. on temporary visas but also fear returning home.

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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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starshopping-trophy-4145177_1280Welcome back to Visalawyerblog! In this post, we bring you the latest H-1B lottery news.

On March 31, 2026, USCIS announced that they have selected enough beneficiaries from properly submitted electronic registrations to meet the H-1B regular cap and the U.S. advanced degree exemption for fiscal year 2027.

With this announcement, USCIS brings the 2027 FY H-1B cap season to a close.

What happens next?

At this point, USCIS has completed its selection process and sent out non-selection notifications via the myUSCIS online accounts to those petitioners and their attorneys who were not selected for FY 2027.

The status for registrations properly submitted for the FY 2027 H-1B numerical allocations, but that were not selected, will show:

  • Not Selected: Not eligible to file an H-1B cap petition based on this registration.

If I was selected, when can I submit my paper application by mail or online?

Only petitioners who were selected will be able to file a paper or online application on behalf of the alien worker, beginning April 1, 2026. Petitioner’s must include a copy of the applicable registration selection notice with the FY 2027 H-1B cap-subject petition. For paper applications, petitioners should ensure that they send their application to the correct service center within the filing period indicated on the registration selection notice.

Beginning April 1, USCIS will only accept the 02/27/26 edition of Form I-129. All H-1B cap subject petitions for FY 2027 must use this edition of the form.

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arpad-czapp-Cg94g0QFHv4-unsplash-scaledThe U.S. Department of State has announced expanded screening and vetting procedures for visa applicants, effective Monday March 30. As a result, applying for a U.S. visa will now involve closer review of your background, including your online activity.

Who Is Affected

The following nonimmigrant visa applicants may now be subject to enhanced review of their social media and online presence:

  • A-3
  • C-3 (if a domestic worker)
  • G-5
  • H-3
  • H-4 (dependents of H-3)
  • K-1
  • K-2
  • K-3
  • Q
  • R-1
  • R-2
  • S
  • T
  • U

These are in addition to H-1B applicants and their dependents, as well as F, M, and J student and exchange visitor visa applicants already subject to this review.

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Rising tensions in the Middle East are causing immediate disruptions to visa processing and international travel across the region. According to the State Department, several embassies throughout the Middle East have halted or significantly limited visa services following airstrikes targeting Iran and subsequent retaliatory actions.

The situation is fluid and is evolving on a daily basis.

Widespread Travel Disruptions Across the Middle East

The escalating security situation has triggered widespread travel interruptions throughout the region. Airspace closures have been reported in Iran, Israel, Kuwait, the United Arab Emirates, Bahrain, Iraq, and Qatar. Airlines have suspended flights throughout the region, and there are reports of land border closures and shelter-in-place advisories in several countries.

These disruptions are expected to significantly affect visa issuance, passport returns, and the movement of workers.

U.S. Embassy Visa Services Suspended or Limited

The following U.S. diplomatic missions across the region have implemented operational changes, including canceled appointments, and the suspension of routine visa services until further notice.

  • United Arab Emirates: The U.S. Embassy in Abu Dhabi and the U.S. Consulate in Dubai canceled all visa and U.S. citizen services appointments from March 2–4 while personnel sheltered in place.
  • Beirut: Since February 23rd non-emergency personnel have departed and all consular visa services have been suspended.
  • Qatar: Routine consular appointments at the U.S. Embassy in Doha have been canceled due to ongoing security concerns until further notice.
  • Israel: The U.S. Embassy in Jerusalem and the Tel Aviv branch office have suspended all routine visa services through March 13 and are prioritizing assistance to U.S. citizens.
  • Jordan: The U.S. Embassy in Amman issued a shelter-in-place directive and visa services are suspended for the foreseeable future.
  • Kuwait: Embassy personnel have been ordered to shelter in place and all routine visa have been suspended.
  • Dubai: The U.S. Embassy in Abu Dhabi and the Dubai branch office issued a shelter-in-place directive and all routine visa services and appointments have been postponed.
  • Pakistan: The State Department has ordered non-emergency U.S. government employees from U.S. Consulates Lahore and Karachi to leave Pakistan due to safety risks.  At the U.S. Embassy Islamabad, the consulate will not be open for routine services on March 6, but staff remain available for emergency services only.
  • Cyprus: The State Department ordered non-emergency U.S. government employees to leave Cyprus due to the threat of armed conflict. All routine visa services and U.S. Citizen services have been suspended.
  • Saudi Arabia: The U.S. Mission in Saudi Arabia has suspended all routine and emergency consular services until further notice. The State Department has authorized non-emergency U.S. government employees to leave Saudi Arabia. The U.S. Consulate in Dhahran has specifically ordered the public to stay away from the area due to ongoing attacks and security concerns.

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Highlights

  • Starting March 1, 2026, the premium processing fee for I-140 immigrant worker petitions and most Form I-129 nonimmigrant worker petitions will increase to $2,965, from $2,805. Fees for premium processing of certain I-129 petitions for nonimmigrant workers, I-539 petitions to extend/change nonimmigrant status, and I-765 EADs for OPT and STEM classifications will also increase.
  • The new fees apply to filings postmarked on or after March 1, 2026.
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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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