Articles Posted in Employment Based Immigration

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Are you interested in starting a business in the United States? Here’s the catch: the U.S. does not have a dedicated “founder visa” for entrepreneurs. There is no single visa that simply lets you move to America, launch a company, and start building. But that does not mean entrepreneurs are out of options.

Depending on your country of nationality and long-term goals, there are four key visa pathways that can allow founders and business owners to live and work in the United States while bringing their families with them. These are the E-2, L-1A, O-1A, and EB-5 visas.

First, it’s important to ask these four questions to help determine which visa options may be available to you:

  1. Are you a citizen of an E-2 treaty country? If so, the E-2 treaty investor visa may be an option.
  2. Do you own or operate an established business outside the United States? The L-1 visa may allow you to expand that business into the U.S. to work as a company executive.
  3. Do you have a record of extraordinary ability or significant achievements in your field? These achievements may qualify you for the O-1A visa.
  4. Can you invest $800,000 or $1,050,000 in a U.S. business and meet the job-creation requirements? In this case, the EB-5 immigrant investor program could be the easiest way to immigrate to the U.S.

1. The E-2 Treaty Investor Visa

If you are a citizen of a treaty country (such as Canada, Mexico, Israel, the UK, etc), then you may be eligible for the E-2 treaty investor visa program. (Check whether your country qualifies for the E-2 visa by viewing the U.S. Department of State’s list of treaty countries here).

What is the E-2 Visa?

The E-2 treaty investor visa allows citizens of qualifying treaty countries to come to the United States to develop and operate a U.S. business in which they have made a substantial investment.

There is no fixed minimum investment amount required. Instead, the investment must be substantial compared to the type and cost of the business. This may be satisfied with a $50,000 to $100,000 investment depending on the nature of your business.

The investor must be prepared to demonstrate the lawful source of the funds used for investment in the business. For example, if the source of the investment amount is income earned from salary, the investor must show proof of the income accumulation from salary (bank account statements, pay slips etc.) as well as relevant income tax returns during the period the income was earned. If the investment was earned through the sale of property, the investor must document the source of funds for the initial purchase of the property, and money earned from the eventual sale.

You Must Play an Active Role in Your Business

The E-2 visa is designed for investors who will actively develop and direct their U.S. business. In other words, you cannot simply make a passive investment and have no involvement in the company. You must be coming to the United States to oversee the business, make important decisions, and play an active role in its operations and growth.

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the September 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

Adjustment of Status Chart

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

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

Highlights of the September 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

  • No changes except for EB-4 which will advance 2 months to December 15, 2022
  • EB-2 India and EB-5 India remain unavailable
  • The State Department warns that the EB-2, EB-1 India, and EB-5 unreserved categories may become unavailable before the end of September, with availability resuming when the new fiscal year starts in October.

Dates for Filing Advancements

  • No changes from August Visa Bulletin

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October 1 can change everything for green card applicants stuck in the immigrant visa backlog. With the start of the new fiscal year, a fresh supply of immigrant visa numbers becomes available—and applicants who are ready can move fast when their priority dates become current. If your case is close, the time to prepare is before October 1, not after.

If you are from India, China, the Philippines, or Mexico, you may already be familiar with the effects of high demand and limited immigrant visa availability. For example, the EB-2 category for India has been unavailable for final action since July 2026 because of heavy demand. On the family-sponsored side, countries such as India and Mexico have also faced significant backlogs as visa demand has outpaced the number of available visas.

While demand from these countries is expected to remain high, the October 1 fiscal-year reset brings a new annual supply of immigrant visa numbers, which can allow more applicants to move forward with interviews and final visa issuance.

In this video, we break down what you need to know—and what you should do now—to put yourself in the strongest position before October 1.

What Is the End-of-Year Fiscal Reset?

The U.S. government’s fiscal year runs from October 1 through September 30, and many employment- and family-based immigrant visa categories are subject to annual numerical limits set by Congress.

Except for immediate relatives of U.S. citizens, applicants generally must wait until an immigrant visa number becomes available based on their priority date and country of nationality before they can be scheduled for an interview and ultimately receive an immigrant visa.

When the new fiscal year begins on October 1, those annual visa limits reset, allowing the government to begin using a new supply of immigrant visa numbers.

For applicants stuck in backlogged categories like EB-2 India and F2A Mexico, this reset is especially important because the allocation of new visa numbers creates new opportunities for eligible applicants to move forward in the green card process.

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the August 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

Adjustment of Status Chart

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

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

Highlights of the August 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

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

  • EB-1 China will advance 1 month to July 1, 2023
  • Except for India, all other countries will remain current

EB-1 India Visa Bulletin Note: High demand and number use by those chargeable to India in the EB-1 visa category may require making the category unavailable in the coming weeks

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

  • EB-2 India remains unavailable
  • Except for China, all other countries will remain current

EB-2 Visa Bulletin Note: Sufficient demand and increased number use in the EB-2 visa category may make it necessary to retrogress the final action date or make the category unavailable in the coming months

EB-3 Professionals and Skilled Workers

  • EB-3 China will advance 10 days to January 1, 2022
  • Worldwide and Mexico will advance 1 month to September 1, 2024

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Is your case stuck at the National Visa Center with no interview in sight? You are not alone. Thousands of applicants are waiting months—or even years—for their visa interviews to be scheduled. The good news is that you may have options. In this video, we discuss three proven strategies that could help push your NVC case forward.

Why are so many cases stuck at the National Visa Center for months—or even years?

The problem is a perfect storm of overwhelming case volume, limited availability of interview appointments, staffing shortages, and delays at U.S. consulates worldwide.

Even after a case is documentarily complete and ready to move forward, it can remain at the NVC for months—or longer—until the appropriate embassy has an available interview slot.

Sweeping visa restrictions have made the backlogs even worse. The Trump administration has fully or partially restricted entry and visa issuance for nationals of 39 countries, while immigrant visa issuance has been separately paused for nationals of 75 countries.

Although U.S. embassies may remain open and continue scheduling some interviews, affected visas generally cannot be issued while these restrictions remain in place.

The result is thousands of applicants left in limbo, with no clear timeline and little information about when their cases will finally move forward.

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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 July 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.

Adjustment of Status Chart

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

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

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The new USCIS memo is finally showing its true colors.

Imagine coming to the U.S. legally, spending years doing everything right, and finally applying for your green card—only to be denied at the interview. Not because you are ineligible, but because a USCIS officer used the new USCIS memo to deny your case as a matter of discretion.

That’s exactly what happened in Michael’s case.

Real-Life Example: Green Card Denied Under the New USCIS Memo

Michael came to the United States legally 15 years ago on an F-1 student visa. Like many international students, he had plans to study, build a future, and follow the rules.

But life got difficult. Due to financial hardship and mental health struggles, Michael was unable to finish school. As a result, he fell out of F-1 status. To survive, he worked for a short period without authorization.

Years later, Michael married a U.S. citizen and applied for his green card through marriage.

At his green card interview, USCIS did not question whether their marriage was real. The problem was something else.

The officer told Michael that his green card would be denied under the new USCIS memo—not because he lacked eligibility through marriage, but because of the officer’s discretionary review of his past immigration violations. Continue reading

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On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, signaling a major change in how green card applications filed inside the United States (known as Adjustment of Status) may be reviewed. The memo emphasizes that Adjustment of Status (AOS) is not an automatic benefit, even when an applicant meets all legal eligibility requirements.

Instead, USCIS officers are instructed to conduct a broader discretionary review known as a “totality of the circumstances” evaluation to consider whether the applicant should complete the immigrant visa process abroad through a U.S. consulate instead.

The policy effectively shifts AOS from being viewed as a routine pathway for eligible applicants to being treated as an “extraordinary” discretionary form of relief.

What’s changed: USCIS officers are directed to weigh both positive and negative factors on a case-by-case basis when deciding whether to approve a green card application.

The memo will lead to increased scrutiny at green card interviews, and the issuance of more requests for evidence. Certain applicants may even be forced to pursue consular processing abroad rather than adjusting status from within the United States.

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 If you’re in the United States on a temporary visa and hope to become a permanent resident, recent changes in how USCIS reviews green card applications could impact your case.

On May 22, 2026, the U.S. Citizenship and Immigration Services (USCIS) 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, instead of applying for adjustment of status.

Does this mean adjustment of status is no longer an option? No. Although the government has emphasized that individuals seeking to immigrate to the United States should generally obtain immigrant visas through consular processing abroad, adjustment of status remains available as a discretionary pathway to lawful permanent residence.

What is Adjustment of Status?

For years, adjustment of status has been one of the most commonly used and reliable pathways for immigrants already living in the United States to apply for a green card. The process typically involves filing Form I-485, remaining in the United States while the application is pending, attending an interview, and ultimately receiving a final decision.

With limited exceptions, adjustment of status is generally not available for those who entered the country illegally.

USCIS’ announcement has not eliminated the ability to apply for adjustment of status, but the agency has created new obstacles for green card holders to obtain approval.

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U.S. Citizenship and Immigration Services recently announced that it will lift holds on the adjudication of green cards and other immigration-benefit requests for a select group of individuals.

As part of these exemptions, USCIS has lifted holds on some family petitions filed by U.S. citizens, intercountry adoptions, rescheduled naturalization oath ceremonies, asylum applications from lower-risk countries, work authorization requests, special immigrant visas, refugee registrations for South African nationals, applications associated with medical physicians, and cases that completed enhanced security vetting through Operation PARRIS.

This means that nationals who were previously subject to the “75-country pause” are no longer affected by the suspension and may resume normal processing of their immigration applications if they fall within one of the above categories.

Unfortunately, if you do not fall within one of the exempted categories, the adjudication of your green card and immigrant visa application will remain on hold.

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