Articles Posted in Adjustment of Status

calendar-162126_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the April 2025 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 employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of April.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of April.

Please click here for more information.


Highlights of the April 2025 Visa Bulletin


At a Glance

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

Employment-Based Categories

Dates for Filing Advancements


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

  • EB-2 India will advance by 1 month to February 1, 2013
  • EB-2 China will advance by 1 month to November 1, 2020

EB-3 Other Workers

  • EB-3 Worldwide, Mexico, and the Philippines will advance by 1 month to June 22, 2021

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judge-7602999_1280Last week the United States Citizenship and Immigration Services (USCIS) released a new policy memorandum that requires the agency to initiate removal proceedings after it denies an application for an immigration benefit, if the foreign national is no longer lawfully present in the United States.

Importantly, the memo exempts certain individuals including beneficiaries of employment-based petitions, but it does not exempt dependent family members.

The memorandum also broadens USCIS’s authority to begin removal proceedings for certain foreign nationals with previous criminal charges, arrests, or convictions.

It is effective immediately.

How will USCIS implement this policy?


Under this policy, USCIS will initiate removal proceedings against a foreign national by issuing a Notice to Appear (NTA) after it has denied an application for an immigration benefit, if the foreign national no longer has a lawful basis to remain in the United States.

The issuance of a Notice to Appear (NTA) commences removal (deportation) proceedings in immigration court. Those who are issued an NTA must appear on the scheduled date before a judge who will decide whether the foreign national has a lawful basis to remain in the country or should be removed.

Traditionally, Notices to Appear (NTAs) have been issued by Immigration Customs and Enforcement (ICE) and Customs and Border Protection (CBP) officials.

However, USCIS also has the authority to issue NTAs in limited circumstances defined in policy memorandums issued by the agency.

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igor-omilaev-M7iMdnG4R_g-unsplash-scaledWhile signing executive orders in the Oval Office on Tuesday, the President dropped a bombshell informing reporters of his new plan to rollout a new “Gold Card” visa program, which would provide permanent residency to foreign nationals and U.S. employers willing to pay a fee of $5 million.

President Trump said the “Gold Card,” program could be implemented by executive order as soon as the next two weeks.

Joining him in the discussion was the newly appointed Secretary of Commerce Howard Lutnick who shared that the “Gold Card” will eventually replace the EB-5 Immigrant Investor Program.

Created by Congress, the EB-5 program currently gives foreign immigrant investors the opportunity to make a minimum investment of $800,000 in underserved areas of the country in exchange for a conditional 2-year green card. Lutnick criticized the program saying it was “riddled with fraud.”

If the Trump administration has it their way, the EB-5 program may soon be replaced with the more glamorous “Gold Card” which will require enhanced screening and vetting of applications for visas.

When asked by reporters, the President denied the need for Congressional approval to make his plan a reality and said those eligible would not need to pay taxes on income earned outside of the United States.

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painting-1292226_1280-1We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the March 2025 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 employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of March.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of March.

Please click here for more information.


Highlights of the March 2025 Visa Bulletin


At a Glance

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

Employment-Based Categories

Dates for Filing


  • No change from previous month 

Final Action Advancements & Retrogressions


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

  • EB-2 India will advance by more than six weeks to December 1, 2012
  • EB-2 China will advance by two weeks to May 8, 2020
  • EB-2 All other countries will advance by six weeks to May 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by almost seven weeks to February 1, 2013
  • EB-3 China will advance by one month to August 1, 2020

EB-3 Other Workers

  • EB-3 India will advance by almost seven weeks to February 1, 2013
  • EB-3 Philippines will advance by five weeks to January 15, 2021
  • EB-3 All other countries will advance by almost two months to February 1, 2021

EB-4 Religious Workers

  • EB-4 All countries retrogressed by seventeen months to August 1, 2019 

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family-6719424_1280Are you applying for adjustment of status to lawful permanent residence (a green card)?

If so, you will be pleased to know that on January 22, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that it is waiving any and all requirements for the COVID-19 vaccination on the Form I-693, Report of Immigration Medical Examination and Vaccination Record.

As a result, adjustment of status (green card) applicants will no longer be required to present evidence that they have received the COVID-19 vaccination.

USCIS will also not deny any adjustment of status application based on an applicant’s failure to present documentation that they received the COVID-19 vaccination.

Due to this new policy, USCIS will no longer issue any Request for Evidence (RFE) or Notice of Intent to Deny (NOID) related to proving a COVID-19 vaccination.

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engineer-4922781_1280On January 15, 2025, the U.S. Citizenship and Immigration Services (USCIS) released updated police guidance for EB-2 National Interest Waiver petitions.

The updated policy guidance is effective immediately and applies to requests pending or filed on or after its publication date of January 15.

This guidance provides insights into how USCIS officials will determine eligibility for NIW petitions for employment-based immigrants, who are seeking a waiver of the job offer requirement, and thus labor certification.

Updated Policy Highlights


  • Clarifies that a petitioner seeking a national interest waiver must first demonstrate qualification for the underlying EB-2 classification, as either a member of the professions holding an advanced degree, or an individual of exceptional ability in the sciences, arts, or business.
  • Explains that USCIS considers on a case-by-case basis whether the occupation in which the person proposes to advance an endeavor is a profession and, if applicable, whether the 5 years of post-baccalaureate experience is in the specialty, noting that it is the petitioner’s burden to establish each element of eligibility.
  • Clarifies that USCIS determines the relationship between exceptional ability and the proposed endeavor on a case-by-case basis, considering any shared skillsets, knowledge, or expertise.
  • Provides additional guidance, with examples, about how USCIS evaluates whether a proposed endeavor has national importance.
  • Explains how USCIS evaluates evidence such as letters of support and business plans, when determining whether a person is well positioned to advance an endeavor.
  • Clarifies, with examples, that not every entrepreneur qualifies for a national interest waiver. While USCIS decides each case on its merits, broad assertions regarding general benefits to the economy and potential to create jobs will not establish an entrepreneur’s qualification for a national interest waiver.
  • Explains that, as with all adjudications, USCIS evaluates all of the evidence in the aggregate, and that the list of suggested evidence for entrepreneurs is not intended to suggest that any one piece, by itself, necessarily establishes eligibility. USCIS reviews all of the person’s education, experience, and skills and the benefit to the national interest when determining eligibility.

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passport-159592_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the February 2025 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 employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.

For family-sponsored preference categories, USCIS will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.

Please click here for more information.


Highlights of the February 2025 Visa Bulletin


At a Glance

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

Employment-Based Categories

Dates for Filing


  • No change from previous month 

Final Action Advancements


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

  • EB-2 India will advance by two weeks to October 15, 2012

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by two weeks to December 15, 2012
  • EB-3 China will advance by one month to July 1, 2020

EB-3 Other Workers

  • EB-3 India will advance by two weeks to December 15, 2012

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immigration-8579109_1280The United States Citizenship and Immigration Services (USCIS) recently announced some important updates for green card applicants, and those renewing existing employment authorization documents also known as EADs.


I-485 New Green Card Application Form


On December 10, 2024, USCIS published a new edition of Form I-485, Application to Register Permanent Resident or Adjust Status. The new form includes updated questions and important instructions for green card applicants.

Beginning February 10, 2025, USCIS will only accept the 10/24/24 edition of Form I-485. The agency will reject any older editions submitted on or after that date.

The new edition of Form I-485 features the following major changes:

  • Requires applicants who need to submit a Form I-693, Report of Immigration Medical Examination and Vaccination Record, or a partial Form I-693 (such as a vaccination record), to submit the Form I-693 or partial Form I-693 with their Form I-485.  If the applicant does not submit the Form I-693 with Form I-485 when it is required, the Form I-485 may be rejected
  • Enables applicants who are exempt from the Form I-864, Affidavit of Support Under Section 213A of the INA, requirement to request the exemption on Form I-485 rather than submitting a separate Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support. Form I-864W has been discontinued.
  • Contains clarifications for questions about the public charge ground of inadmissibility. The questions will now require an applicant to identify their immigrant category so that USCIS can determine whether or not they are exempt from this ground of inadmissibility and adjudicate the application accordingly
  • Streamlines the collection of information and clarifies instructions and applicant requirements.

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calendar-151591_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the January 2025 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


The U.S. Citizenship and immigration Services (USCIS) has not yet indicated which chart it will use to determine filing eligibility for adjustment of status to permanent residence in January 2025.

Please click here for more information.


Highlights of the January 2025 Visa Bulletin


At a Glance

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

Employment-Based Categories

Dates for Filing


  • No change from previous month 

Final Action Advancements


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

  • EB-2 India will advance by two months to October 1, 2012
  • EB-2 China will advance by one month to April 22, 2020
  • EB-2 All other countries will advance by two weeks to April 1, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by three weeks to December 1, 2012
  • EB-3 China will advance by two months to June 1, 2020
  • EB-3 All other countries will advance by two weeks to December 1, 2022

EB-3 Other Workers

  • EB-3 India will advance by three weeks to December 1, 2012
  • EB-3 Except China, all other countries will advance by one week to December 8, 2020

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recruitment-6838250_1280New changes are being implemented for certain self-petitioners filing immigration petitions under the Violence Against Women Act, also known as VAWA.

The U.S. Citizenship and Immigration Services (USCIS) has announced that beginning in December they will be conducting in-person interviews for select VAWA self-petitioners who have an I-360 and I-485 application pending.

Not all self-petitioners will be required to attend an interview. Self-petitioners who have filed a stand-alone I-360 will not be interviewed.

USCIS expects to continue to adjudicate the majority of VAWA cases without the need for an interview.


Why has this change been made?


An increase in the volume of immigration petitions filed under the VAWA program, along with a surge in VAWA-related fraud reported in the states of New York, Massachusetts, and Maryland has led to this policy change.

While no plans are currently being made to expand interviews to a broader pool of VAWA self-petitioners, the incoming Trump administration may consider this in the future.


How will I know if I am required to attend an in-person interview?


VAWA self-petitioners who are required to attend an interview, will receive an interview notice by mail at the safe address they have provided. Legal representatives will also be notified by mail.

Please note that a self-petitioner’s selection for an interview is not a negative indicator and does not suggest a case will receive an unfavorable outcome.

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