USCIS recently introduced an important change affecting green card applicants who rely on a sponsor to meet the financial requirements for the I-864 Affidavit of Support.
Form I-864, Affidavit of Support, is a legally binding form used to show that a green card applicant has sufficient financial support and is unlikely to become a public charge. The sponsor of the I-864 is generally the U.S. citizen or lawful permanent resident who filed the immigrant petition. If the petitioner does not meet the income requirement for their household size, a joint sponsor may be needed.
Under new USCIS policies, sponsors and joint sponsors are now required to provide additional financial information, including their credit score and credit report.
USCIS has also released a new edition of Form I-864 reflecting these changes, which will be required beginning October 1.
Why does this matter?
A sponsor or joint sponsor with poor credit, high debt, late payments, collections, or bankruptcy could face greater scrutiny because USCIS may question whether they are financially capable of supporting the intending immigrant. This could result in requests for additional evidence, processing delays, or a determination that the sponsor or joint sponsor does not qualify.
If a sponsor has a credit or security freeze in place, USCIS may be unable to access the information needed to evaluate Form I-864.
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:
Are you a citizen of an E-2 treaty country? If so, the E-2 treaty investor visa may be an option.
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.
Do you have a record of extraordinary ability or significant achievements in your field? These achievements may qualify you for the O-1A visa.
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.
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.
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.
If you’re applying for U.S. citizenship in 2026 or beyond, pay close attention. Every year, hundreds of applicants are denied citizenship because of three common mistakes—and they have nothing to do with failing the civics test.
In this video, I’ll explain exactly what those three mistakes are. These are serious issues that can cause a USCIS officer to stop your interview, close your case, and ultimately deny your citizenship application.
What are the requirements to apply for U.S. citizenship?
Generally, a green-card holder must meet these requirements:
Be at least 18 years old when filing Form N-400.
Have been a lawful permanent resident for at least 5 years. There is a separate 3-year rule for certain applicants who obtained their green card through marriage to a U.S. Citizen
Maintain continuous residence in the United States during the required 5-year or 3-year period. Long trips outside the U.S., especially trips of 6 months or longer, can create problems.
Be physically present in the United States for at least 30 months of the previous 5 years. Under the 3-year marriage rule, the requirement is generally at least 18 months.
Demonstrate good moral character. USCIS generally examines at least the statutory 5-year or 3-year period, although conduct from earlier periods can also be taken into account
Demonstrate basic English ability by speaking, reading, and writing English, unless you qualify for an age/residency or disability exception.
Pass the U.S. civics test, unless an exception applies. For N-400 applications filed on or after October 20, 2025, USCIS uses the 2025 naturalization civics test.
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.
Imagine you are a green card holder planning summer travel with your family. You take your vacation, enjoy your trip, and return to the United States expecting to come home. But at the port of entry, CBP sends you to secondary inspection.
You have no criminal convictions. You only have pending charges — allegations that have not yet been proven. Still, CBP officers do not immediately allow you back into the country. Suddenly, your ability to reenter the United States is uncertain.
This is not science fiction. This is the reality created by a new Supreme Court decision that could make international travel riskier and more complicated for green card holders returning to the United States.
New Court Decision
That scenario is exactly why the Supreme Court’s decision in Blanche v. Lau matters. In that case, the Court held that a green card holder returning from international travel may face serious problems at the airport based on certain pending or alleged criminal conduct, even before there is a conviction.
The ruling does not mean that every pending charge will automatically result in denial of entry. However, it gives CBP and DHS more authority to treat certain returning green card holders as applicants seeking admission for the first time, rather than lawful permanent residents simply coming back home.
Before Lau
Before Blanche v. Lau, a lawful permanent resident generally had the right to return to the United States after temporary travel abroad, especially for trips under one year. In most cases, a green card holder only needed to answer questions confirming their identity and permanent resident status.
However, that right was not absolute. Immigration law has long allowed CBP to treat a green card holder as an “applicant for admission” in certain situations.
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
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.
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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