Articles Posted in Employment-based Green Cards

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Imagine building a life in the United States, paying taxes, buying a home, putting down roots, only to have it all put at risk by a single misstep. One arrest. One extended trip abroad. Suddenly, your green card status is on the line. Sound impossible? For thousands of green card holders during the Trump administration, this has become a very real and unsettling reality. By contrast, those who become U.S. citizens can live in the United States with greater security and peace of mind.

In this blog post, we discuss five key differences between green card holders and U.S. citizens that might make you rethink staying a permanent resident.

#1 Deportation Risk

One of the most important differences between green card holders and U.S. citizens is the risk of deportation. Green card holders have the right to live and work in the United States, but their status is not guaranteed forever.

Certain situations can put a green card at risk, including criminal convictions, immigration violations, or even spending too much time outside the U.S. In these cases, a green card holder may be placed in removal proceedings.

By contrast, U.S. citizens cannot be deported even when convicted of a criminal offense. This key difference means that only U.S. citizenship offers permanent protection from deportation.

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If you are an EB-2 or EB-3 visa holder waiting for your priority date to become current, you have already heard that in April the final action dates will become current for all countries except India and China.

This means that starting April 1st most individuals residing in the United States will be eligible to file their adjustment of status applications for permanent residence. As part of this process, applicants may file an application for temporary work authorization (Form I-765) or travel authorization (Form I-131). Once your green card application is filed with USCIS, you will not be able to travel abroad unless you have a valid, approved travel permit issued by USCIS.

Gathering Important Documents

Before filing, gather these six documents to avoid delays, minimize RFEs, and be ready to submit your green card application in April before your window of opportunity closes.

#1 Birth Documentation

Green card applicants must submit a birth certificate to USCIS or the National Visa Center that includes their full name, date and place of birth, parents’ names, and an official seal. If the document is not in English, a certified translation is required. You must also bring the original or a certified copy to your interview, if scheduled.

If you do not already have your birth certificate, it is important to obtain it as soon as possible.

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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 April 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 next month.

USCIS Adjustment of Status

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

Highlights of the April 2026 Visa Bulletin

At a Glance

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

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 and China will advance one month to April 1, 2023
  • All other countries will remain current

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

  • EB-2 India will advance 10 months to July 15, 2014
  • Except China, all other countries (Worldwide, Mexico, Philippines) will become current

*Note, there is an immigrant visa freeze for all countries subject to the 75-country ban on immigrant visa issuance. Lawsuits opposing the freeze are currently pending. 

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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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