Visa Lawyer Blog

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-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India and China will retrogress by 2 weeks to August 1, 2023

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

by

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.

Continue reading

by

santa-claus-1614994_1280As the year draws to a close, we would like to extend our sincere thanks for the trust you have placed in our firm.

We wish you and your loved ones a joyful Christmas and a New Year filled with good health, peace, and success. It has been our privilege to work with you, and we look forward to continuing to serve you in the year ahead.

In observance of the Christmas holiday, our office will be closed on Wednesday December 24th through Friday December 26th. We will resume normal business hours on Monday December 29th.

Continue reading

by

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

Continue reading

by

january-lettering-9278218_1280We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the January 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 January, USCIS has not yet indicated which filing chart it will use for the employment-based and family-sponsored categories.

Highlights of the January 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will advance by 10 months to February 1, 2023
  • EB-1 China will advance by 10 days to February 1, 2023

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by 2 months to July 15, 2013
  • EB-2 China will advance by 3 months to September 1, 2021
  • All other countries will advance by 2 months to April 1, 2024

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by 1.8 months to November 15, 2013
  • EB-3 China will advance by 1 month to May 1, 2021
  • All other countries will advance by 1 week to April 22, 2023

EB-3 Other Workers

  • EB-3 India will advance by 1.8 months to November 15, 2013
  • EB-3 China will advance by 1 year to December 8, 2018
  • All other countries will advance by 1 month to September 1, 2021

Continue reading

by

mobile-1087845_1280

DHS Ends Family Reunification Parole Programs

On December 12, 2025, the Department of Homeland Security (DHS) announced that it is terminating all categorical Family Reunification Parole (FRP) programs for citizens of Colombia, Cuba, Ecuador, El Salvador, Guatemala, Haiti, and Honduras, including their immediate family members.

These programs allowed certain relatives of U.S. citizens and permanent residents to enter the United States on parole while awaiting completion of the immigrant visa process.

DHS described the move as an effort to end what they described as the “abuse of humanitarian parole,” arguing that these programs allowed individuals to bypass traditional immigration procedures without sufficient vetting. Under the new policy, parole will be granted on a case-by-case basis.

The termination takes effect December 15, 2025, and parole for individuals already admitted under FRP will generally expire on January 14, 2026, unless they have a pending Form I-485 Application to Adjust Status that is postmarked or electronically filed on or before December 15 and it is still pending on January 14, 2026.

If an individual has a pending Form I-485, their parole will remain valid until either their period of parole expires or USCIS makes a final decision on their pending Form I-485, whichever is sooner. If the Form I-485 is denied, the period of parole will be terminated, and they will be required to depart the United States or seek relief through alternative legal pathways.

Continue reading

by

ai-generated-9069946_1280-1The Trump Gold Card Program — established by Executive Order 14351 and to be launched December 18, 2025— represents one of the most significant changes to U.S. immigration policy in decades.

Designed to create a pathway to U.S. permanent residency for wealthy foreign nationals willing to make substantial financial gifts to the United States, this program has generated both excitement and controversy.

What the Gold Card Is

The Gold Card is a new immigration program authorized by Executive Order 14351, signed on September 19, 2025, directing the government to implement a pathway to U.S. residency based on significant financial contributions.

Those contributions are treated as evidence of exceptional business ability and national benefit under existing employment-based visa categories (EB-1 and EB-2).

Under the program:

  • Individuals must contribute a $1 million unrestricted gift to the U.S. Department of Commerce.
  • A $2 million gift is required if a corporation or employer sponsors a foreign national.
  • These contributions are not investments and do not accrue returns — they are treated as unconditional gifts.

The executive order instructs agencies to establish application processes, expedited adjudication, and fee structures, while maintaining normal visa quotas.

Continue reading