An applicant for adjustment of status (form I-485) or naturalization (form N-400) may face denial on two broad legal grounds: mandatory and discretionary. Understanding when a denial is compelled by statute, as opposed to when it reflects a negative exercise of discretion, is essential for...
The U.S. Chamber of Commerce has filed a lawsuit seeking to prevent the U.S. Citizenship and Immigration Services (USCIS) from implementing the $100,000 fee for H1B petitions imposed by presidential proclamation in September 2025. The complaint challenges both the legal authority for the fee and...
The U.S. Citizenship and Immigration Services will publish a proposed rule on October 23, 2025, that would significantly reduce fees for most EB5 immigrant investor program applications and petitions. The proposed fee schedule represents decreases ranging from 14 percent to 61 percent for existing EB5...
Today, the U.S. Citizenship and Immigration Services posted guidance on its website clarifying who is subject to the $100,000 fee imposed by Trump’s September 19, 2025 executive proclamation. Among other points of clarification, the updated guidance indicates that virtually all H1B workers will be subject...
The U.S. Citizenship and Immigration Services (USCIS) recently implemented a revision to the filing process for certain H2A temporary agricultural worker petitions. Here are the key points you need to know:Petitioners seeking unnamed H2A beneficiaries can electronically file a petition for a nonimmigrant worker:...
As the federal government shutdown drags on into its third week with no clear end in sight, the U.S. Citizenship and Immigration Services (USCIS) has provided helpful guidance for petitioners who are unable to timely file due to the closure of other essential agencies, such...
The U.S. Department of State (DOS) has released the November 2025 Visa Bulletin. There are no changes from the previous month in the employment-based categories. Also, I-485 adjustment-of-status applicants must use the more favorable dates for filing chart (i.e., Chart B). Visa Bulletin Summary Employment-Based, First Preference...
There are reports of heightened scrutiny by U.S. Customs and Border Protection (CBP) officers at U.S. ports of entry (POEs), even for individuals entering the U.S. under employment-based visas such as the H1B. This heightened scrutiny can lead to lines of intense questioning and searches...
Following the implementation of the presidential proclamation imposing a $100,000 fee on certain H1B petitions effective September 21, 2025, additional clarity has emerged regarding who is subject to the fee and who is exempt. However, significant questions remain about the proclamation's scope and application, and...
A diverse group of organizations has filed suit against Trump’s proclamation that imposes a $100,000 fee on “new” H1B petitions. The organizations, which include schools, religious organizations, labor unions, and workers, presents multiple legal theories as to why the fee is not lawful.In the lawsuit,...
