Articles Posted in Employment Based Immigration

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Rising tensions in the Middle East amid the escalating conflict between the United States, Israel, and Iran have triggered a collapse in regional air travel. Widespread airspace closures, airport shutdowns, and thousands of canceled flights have stranded travelers across major transit hubs such as Dubai, Doha, and Abu Dhabi.

Among those caught in the disruption are thousands of green card holders and visa holders who left the United States temporarily and are now unable to return as flights remain suspended and regional travel remains restricted.

In this video, we discuss key steps the State Department recommends for permanent residents and other noncitizens currently stranded in the region.

75-Country Ban on Immigrant Visa Issuance

As a reminder, the Trump administration imposed an indefinite pause on immigrant visa issuance for nationals of 75 countries beginning January 21, 2026. Due to the pause, the State Department has suspended the issuance of all immigrant visas while it develops new procedures to assess whether applicants may become financially dependent on the U.S. government under the public charge standard.

  • Impact: While U.S. consulates may continue accepting applications and conducting interviews, they are currently unable to issue or print immigrant visas, including family- and employment-based green cards, for affected applicants until the new policy is implemented. This further complicates travel for immigrants residing in the Middle East, including Afghanistan, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Syria, and Yemen.

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the March 2026 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the new year.

USCIS Adjustment of Status

For adjustment of status filings to permanent residence in the month of March, USCIS will continue using the Dates for Filing Chart for the employment-based and family-sponsored categories.

Highlights of the March 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

  • EB-1 India and China will advance one month to March 1, 2023

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

  • EB-2 India will advance 2 months to September 15, 2013
  • EB-2 Except China, all other countries will advance 6.5 months to October 15, 2024

EB-3 Professionals and Skilled Workers

  • EB-3 Philippines will advance 2 months to August 1, 2023
  • EB-3 Mexico and Worldwide will advance 4 months to October 1, 2023

EB-3 Other Workers

  • EB-3 Mexico, Philippines, and Worldwide will advance 2 months to November 1, 2021

EB-4 Special Immigrants

  • All countries will advance 6.4 months to July 15, 2021

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New immigration rules under Donald Trump will soon bar green card holders from receiving certain SBA government loans, while also introducing heightened scrutiny and travel restrictions for both domestic and international travel.

#1 Green Card Holders Banned from Receiving SBA Loans

Under a major policy change by the U.S. Small Business Administration (SBA), green card holders (lawful permanent residents) will no longer be eligible for SBA-backed business loans beginning March 1, 2026.

  • What’s changing: The SBA issued updated guidance requiring that 100% of all direct and indirect owners of a business seeking SBA loans must be U.S. citizens or U.S. nationals with their principal residence in the United States. This eliminates any eligibility for businesses owned by green card holders.
  • Effective date: The rule goes into effect March 1, 2026, meaning any SBA loan applications must have been assigned a loan number before that date to qualify under the old eligibility standards.
  • Programs affected: Major SBA lending programs such as the 7(a) and 504 loan programs will be impacted, cutting off access to federal funding for small businesses owned by green card holders.

#2 New Rules for Green Card Holders Traveling or Planning to Leave the U.S.

A new trend over the past three weeks indicates that green card holders returning from any of the 75 countries listed under President Trump’s visa ban are increasingly being sent to secondary inspection by U.S. Customs and Border Protection for additional questioning. While most are ultimately admitted, the added scrutiny creates yet another hurdle for lawful permanent residents returning to the U.S. after temporary foreign travel.

Social media vetting is also increasing, with green card holders reportedly being asked by U.S. Customs and Border Protection officers to display their social media accounts during re-entry inspections. Before traveling, it is important to review social media content that could be misinterpreted, taken out of context, or that is inconsistent with your immigration history.

Finally, if you plan to travel to one of the 75 countries named in President’s Trump’s visa ban, it is important to carry documentation explaining the purpose of your trip and evidence of your strong ties to the United States. Being prepared will help facilitate a smoother re-entry process.

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On January 14, 2026, the State Department announced it is pausing the issuance of immigrant visas for nationals of 75 countries, effective January 21, 2026, while it develops a new process to assess whether applicants may become a “public charge” (financially dependent on the U.S. government).

Applicants can still apply and attend interviews, but no immigrant visas will not be issued during the pause. The policy affects family-sponsored and employment-based green cards, though dual nationals applying with a passport from a country not on the list are exempt from the suspension.

The policy change focuses on the statutory “public charge” ground of inadmissibility, which allows visa refusal in the event an applicant is found likely to depend on the U.S. government for financial assistance. Consular officers are permitted to consider factors such as an applicant’s health, age, education, employment prospects, and financial stability when evaluating if they are a public charge risk.

It is 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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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the February 2026 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the new year.

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

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the January 2026 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the new year.

USCIS Adjustment of Status

For adjustment of status filings to permanent residence in the month of January, USCIS will be using the Dates for Filing Chart 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

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The Gold Card permanent residence program is now open. Under this initiative, foreign nationals—or their employers—may apply for lawful permanent residence by:

  • Paying a non-refundable $15,000 processing fee for each applicant and dependent, and
  • Making a gift donation of $1 million for individual applicants, or $2 million for corporate-sponsored applicants to the U.S. Treasury.

These contributions are not investments— they are treated as unconditional gifts.

The program, established by presidential executive order 14351, allows eligibility for a green card under the existing EB-1 (extraordinary ability) or EB-2 (National Interest Waiver) categories based on the qualifying donation.

Application Process

Applicants start with by submitting their initial information, along with payment of the $15,000 processing fee (per applicant) on the Gold Card website.

USCIS then notifies applicants when they can file Form I-140G on the USCIS website to verify lawful source of funds. Once the applicant demonstrates the lawful source of funds and passes security vetting, the applicant or sponsor will receive instructions to submit the required $1 million (individual) or $2 million (corporate) donation to the Department of Treasury via ACH debit or SWIFT wire.

Once approved and a visa number is available, applicants proceed with consular processing for their immigrant visa.

Corporate Sponsorship

Employer Gold Card sponsors will be subject to a 1% annual maintenance fee – presumably, 1% of the employer’s $2 million donation ($20,000). If the employer decides to transfer its donation to a different foreign national, a 5% transfer fee would apply ($100,000).

The government has not yet indicated whether the “annual” maintenance fee must be paid until the foreign national obtains their green card.

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Major changes are coming to the marriage-based green card process in 2026, including stricter vetting, heightened enforcement, expanded evidence requirements, and increased detention of applicants flagged for further review at interviews.

To find out more, please keep on watching.

What to Expect: Shift Toward Heightened Enforcement

In 2025, internal policy shifts at USCIS stopped the issuance of Requests for Evidence, required medical exams to be filed with adjustment applications in a single package, and, most notably, created an unprecedented rise in denials and detentions at green card interviews.

Detentions at Green Card Interviews

In recent months, things took a turn for the worst. USCIS officers have been increasingly working alongside Immigration and Customs Enforcement (ICE) to identify and flag green card applicants they believe are potentially ineligible for benefits. Those flagged for additional review have faced immediate detention at their green card interviews.

Although the law allows visa overstays to be forgiven for those married to U.S. citizens, USCIS officers have been reporting visa overstays to ICE during green card interviews, resulting in their immediate detention. This has occurred in recent weeks in San Diego to a Navy spouse, a breastfeeding mother, and even an elderly man, signaling that enforcement is being taken to an unprecedented level.

Under Trump, internal ICE policies have included numerical targets for deportations, effectively creating quotas for enforcement officers. These targets set specific numbers of removals to be achieved within given timeframes, which places added pressure on USCIS officers to flag these individuals for removal.

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Are you applying for an immigrant visa and want to know when your priority date will become current? Then you won’t want to miss our analysis of the December 2025 Visa Bulletin.

In this video, attorney Jacob Sapochnick explains what you can expect to see in terms of the movement of the family-sponsored and employment-based visa categories in the month of December.

USCIS Adjustment of Status

For adjustment of status filings to permanent residence in the month of December, USCIS will be using the Dates for Filing Chart for the employment-based and family-sponsored categories.

Highlights of the December 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

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

  • India will advance by one month to March 15, 2022
  • China will advance by one month to January 22, 2023
  • All other countries remain current

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

  • India will advance by six weeks to May 15, 2013
  • China will advance by two months to June 1, 2021
  • All other countries will advance by 2 months to February 1, 2024

EB-3 Professionals and Skilled Workers

  • India will advance by one month to September 22, 2013
  • China will advance by one month to April 1, 2021
  • All other countries will advance by two weeks to April 15, 2023

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The U.S. visa landscape is undergoing major changes in 2025, with embassy operations varying widely across the globe. New federal policies have made the visa process more challenging. From enhanced social media scrutiny to removing the option for third-country nationals to apply for visas outside their country of nationality or residence—things have been constantly changing at U.S. embassies and consulates worldwide.

In this video, you’ll learn about:

  • New Limits on Third-Country National Visa Applications
  • Enhanced Social Media Vetting Policies
  • Visa Limitations for Certain Countries under Travel Ban
  • Health Conditions, Including Obesity, May Affect Visa Approval
  • Operational Status at Consulates and Embassies Worldwide: Is your Embassy fully open?

New Limits on Third-Country National Visa Applications

Immigrant Visa Applicants Must Apply in Country of Nationality or Residence

Effective November 1, 2025, the State Department will require all immigrant visa applicants—including Diversity Visa applicants—to interview at a U.S. consulate or embassy in their country of residence or nationality. Exceptions will be rare and limited to urgent humanitarian, medical, or foreign-policy–driven cases.

Same Policy Extends to Nonimmigrants

The State Department announced a similar policy for nonimmigrant visa applicants. Effective September 2025, applicants must apply in their country of residence or nationality, meaning they can no longer choose a more convenient embassy—such as those in Mexico or Canada—unless they live there or hold that nationality. Limited exceptions apply for certain categories, including A and G visas, and for urgent humanitarian or medical emergencies.

For applicants from countries with limited or no U.S. consular presence—such as Afghanistan, Belarus, Haiti, Iran, Libya, Russia, Somalia, South Sudan, Sudan, Syria, Venezuela, Yemen, and Zimbabwe—designated embassies will continue to serve as regional processing hubs.

Tip: Booking a visa interview outside your country of nationality or residence may lead to rejection and could negatively affect future applications. ESTAs can be cancelled for those with visa denials on record. Avoid this by applying at the proper Consulate in your country of nationality or residence.

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