Articles Posted in Employment Based Immigration

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Despite a federal court ruling striking down the Trump administration’s 75-country immigrant visa pause, visa applications have moved very slowly.

Court records show that between August 21 and September 30th only 318 immigrant visa applications were approved or resulted in visa issuance, out of more than 43,000 applications affected by the pause.

Adding to the uncertainty, just last week the U.S. Court of Appeals for the Second Circuit temporarily blocked an order requiring the State Department to reconsider previously refused applications. As a result, filing a federal lawsuit may be the most effective path toward resolving these cases.

Key Highlights

  • The 75-country immigrant visa pause no longer applies as of August 21, 2026, following a federal court order.
  • New immigrant visa applications are not subject to the pause.
  • Applications previously refused under the pause are not automatically reopened or reconsidered.
  • Mandamus or group lawsuits may be an option for applicants whose visas were previously refused under the pause, depending on the circumstances of their cases.
  • Between August 21 and September 30th, the State Department reviewed just 706 immigrant visa applications, approving or issuing 318 visas and refusing 388 applications on other grounds. This represents fewer than 2% of the more than 43,000 applications affected by the pause.

What Was the 75-Country Immigrant Visa Pause?

On January 14, 2026, the Trump administration announced a suspension of immigrant visa issuance for nationals of 75 countries, that became effective on January 21, 2026.

The State Department justified the pause by citing concerns that immigrants from certain countries were more likely to rely on U.S. public benefits and become a “public charge.”

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With sweeping visa restrictions affecting nationals of 75 and 39 countries, securing a U.S. visa has become increasingly challenging. But even under the toughest immigration restrictions, exceptions are possible.

Here’s how we overcame a visa refusal under the travel ban and successfully secured a National Interest Exception (NIE) for our clients.

Status of the Travel Bans

The U.S. Department of State implemented two significant immigration restrictions affecting nationals of dozens of countries. Although both measures created substantial barriers to visa issuance, their legal status has since changed.

As of October 18, 2026, the 39-country travel ban remains in effect, while the 75-country immigrant visa suspension was lifted following a federal court ruling on August 21, 2026.

Immigration Restriction

 Current Status
39-Country Travel Ban Still in effect
75-Country Immigrant Visa Suspension

Lifted August 21, 2026

Which Countries Are Subject to the 39-Country Travel Ban?

Under Presidential Proclamation 10998, effective January 1, 2026, nationals of 39 countries face full or partial restrictions on U.S. visa issuance and entry into the United States.

  • Full Restriction (19 countries): Afghanistan, Burma (Myanmar), Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. Restrictions also apply to individuals traveling on documents issued or endorsed by the Palestinian Authority.
  • Partial Restriction (20 countries): Angola, Antigua and Barbuda, Benin, Burundi, Côte d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Zambia, and Zimbabwe.

Who Is Affected?

The travel ban generally applies to nationals of designated countries who were outside the United States and did not hold a valid U.S. visa on January 1, 2026.

Individuals who already held a valid U.S. visa on that date are generally exempt from the proclamation and may continue traveling to the United States, provided their visa remains valid and they meet all other entry requirements. The proclamation does not automatically revoke previously issued visas, and lawful permanent residents (green card holders) are exempt.

For those subject to the ban, visa issuance and entry may be restricted even if they otherwise qualify for a U.S. visa. However, certain exceptions remain available, including a National Interest Exception (NIE) for applicants whose entry would serve the national interest of the United States.

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the October 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 October, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will begin using the Dates for Filing Chart .

Highlights of the October 2026 Visa Bulletin

At a Glance

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

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 3.6 months to February 1, 2023
  • EB-1 Except China, all other countries remain current

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

  • EB-2 India moves from unavailable to November 1, 2013
  • EB-2 China will advance 1 month to October 1, 2021
  • Worldwide, Mexico, Philippines moves from current to a cutoff date of January 1, 2025

EB-3 Professionals and Skilled Workers

  • EB-3 China will advance 1 week to January 8, 2022
  • EB-3 Philippines will advance 2 weeks to August 15, 2023
  • Worldwide and Mexico will retrogress 3.6 months from September 1, 2024, to May 15, 2024

EB-3 Other Workers

  • EB-3 China will advance 5 months to October 1, 2019
  • EB-3 Philippines will advance 1 month to January 1, 2022
  • Worldwide and Mexico will retrogress 3 months from April 1, 2022, to January 1, 2022

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Imagine you’re working in the United States on a visa such as an H-1B, L-1, or TN and suddenly lose your job. Under current rules, you may have up to 60 days to find a new employer, change to another immigration status, or leave the United States.

Now, DHS is proposing to eliminate that 60-day grace period for certain employment-based visa holders. If the proposal is finalized, affected workers could have far less time to take action after their employment ends.

What the Rule Says Today

Under the current rule, H-1B workers generally have up to 60 days after losing or leaving a job to find a new employer, change to another immigration status, or make arrangements to leave the United States. This is known as the 60-day “grace period.” Under the proposed rule, that protection would disappear, meaning workers could begin falling out of status as soon as the day after their employment ends.

Who is Affected

The proposal would affect workers in these nonimmigrant visa categories:

  • E-1 treaty traders
  • E-2 treaty investors and qualifying employees
  • E-3 Australian specialty occupation workers
  • H-1B specialty occupation workers
  • H-1B1 workers from Chile and Singapore
  • L-1 intracompany transferees
  • O-1 individuals with extraordinary ability or achievement
  • TN professionals from Canada and Mexico

It would apply when employment or the qualifying activity underlying that status ends, whether the worker is terminated, laid off, or voluntarily leaves the job.

They generally would be considered to have failed to maintain status beginning the day after their employment ends unless they have some other lawful basis to remain in the United States.

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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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