Author: Breanne Johnson

The U.S. government has recently implemented a temporary pause on processing green card applications for certain individuals, including approved refugees. This decision, part of a broader effort to enhance immigrant vetting procedures, leaves many applicants in a state of legal uncertainty.

Who is Affected?

The pause impacts individuals who have already been granted protection in the U.S., such as refugees and asylees. Refugees undergo a rigorous overseas screening process before entering the country, which includes security checks, medical examinations, and interviews that often take years to complete. Asylees, are individuals who have sought protection while already in the U.S. and have been granted asylum by an immigration judge or asylum officer. Both groups must demonstrate a well-founded fear of persecution in their home countries due to factors such as political beliefs, race, or religion.

The Government’s Justification

The Department of Homeland Security (DHS) has confirmed the pause, stating that it aligns with executive actions aimed at reassessing immigration vetting procedures. According to DHS, U.S. Citizenship and Immigration Services (USCIS) will temporarily halt finalizing certain green card applications while additional screening measures are conducted to detect potential fraud and national security risks. One of the cited presidential proclamations directs federal agencies to conduct the most thorough screening possible for all foreign nationals seeking entry or already residing in the U.S. The current pause on green card processing follows a series of measures intended to tighten legal immigration pathways, including suspensions of refugee admissions and changes to the asylum process at the U.S.-Mexico border, some of which are currently being contested in federal court.

What This Means for Applicants

For now, individuals affected by this pause may face delays in obtaining permanent residency. It remains unclear how long these additional screenings will take or whether further policy changes may impact pending applications. Those with cases in progress should stay informed about updates from USCIS and consider seeking legal guidance to navigate any potential complications. If you or a loved one is affected by this change, consulting an experienced immigration attorney can help clarify your options and next steps. We will continue to monitor these developments and provide updates as more information becomes available.

On February 25, 2025, President Trump announced his intention to end the EB-5 program and introduce a new “Gold Card” visa in its place. This announcement has caused confusion among both current and prospective EB-5 investors, especially given the limited and sometimes contradictory details surrounding the proposal.

What We Know So Far

President Trump initially stated that the Gold Card program would replace the EB-5 immigrant investor visa and grant permanent residency in exchange for a $5 million investment. However, subsequent clarifications from the Administration suggested that this new program might be linked to the existing EB-5 framework via the Department of Commerce—though specifics remain unclear. The President promised further details within two weeks of the announcement. As of now, it is uncertain whether the Administration intends to completely repeal the EB-5 program, modify it, or integrate it with the proposed Gold Card initiative.

Can the President Unilaterally End EB-5?

No. The President cannot unilaterally end or replace the EB-5 program. Established by Congress in 1990, the program was recently strengthened through the EB-5 Reform and Integrity Act of 2022 (RIA). Any effort to repeal or replace it requires Congressional action. The legislative process—including introduction, committee review, debate, and voting—could take months or even years.

Moreover, the Regional Center (RC) Program was reauthorized through September 30, 2027, under the RIA. This means that, unless Congress actively repeals or amends it, the program remains in effect until that date. While there is a possibility that the RC Program will not be renewed beyond 2027, a new program with a $5 million investment minimum could only replace it through proper Congressional approval.

What Happens to Pending EB-5 Applications?

Investors who file their Form I-526/I-526E petitions before September 30, 2026, are currently protected under the RIA’s grandfathering clause. This ensures that pending petitions will be processed to final adjudication regardless of any future legislative changes. For those considering an EB-5 investment, filing before the September 2026 deadline is highly recommended to safeguard eligibility.

Investment Immigration and the U.S. Economy

Investment-based immigration remains a crucial component of the U.S. economy. According to U.S. Citizenship and Immigration Services (USCIS), the RC Program generated $6.1 billion in investments into rural and urban U.S. communities between the RIA’s effective date and mid-2024. This figure is expected to rise as more recent EB-5 investments are accounted for. While the prospect of a Gold Card visa has introduced uncertainty, it also presents an opportunity for meaningful discussions on the future of investment immigration. We will continue to monitor developments and provide updates as more details emerge.

President Trump signed the Laken Riley Act into law, a significant development impacting immigration enforcement in the United States. The new legislation mandates the Department of Homeland Security (DHS) to detain anyone who entered the country unlawfully and is subsequently charged with, arrested for, convicted of, or admits to committing certain crimes. These offenses include:
• Burglary
• Theft
• Larceny
• Shoplifting
• Assault on a law enforcement officer
• Any crime resulting in death or serious bodily injury

What Is Mandatory Detention?
Under the Laken Riley Act, mandatory detention means that individuals fitting these criteria will be held in an immigration detention facility without the option to request a bond. They will remain detained while contesting their deportation cases before an Immigration Judge.

Key Questions:

Will This Law Be Applied Retroactively?
It’s currently unclear whether the Laken Riley Act will affect those with a prior criminal history. DHS has yet to announce whether retroactive enforcement will be a part of this new policy.

Who Does This Law Affect?
• Lawful Entrants: If you entered the U.S. lawfully, this law does not apply to you.
• Entered the U.S. without documentation: If you entered the U.S. without immigration documentation and have future encounters with law enforcement involving the listed crimes, you will be subject to mandatory detention. If you entered without immigration documentation and have past criminal charges or convictions related to these offenses, it is uncertain whether you will be affected.

What About My Right to Defend Against Deportation?
It’s important to note that the Laken Riley Act does not eliminate your right to defend yourself against deportation. However, it does affect whether you can be released from immigration custody while your case is pending in Immigration Court.

What Should You Do?
If you believe this law might impact you or someone you know, it’s crucial to consult with an immigration attorney to understand your rights and options under this new legislation. Staying informed and prepared is essential in navigating the complexities of U.S. immigration law.

The processing timeline for H-4 and L-2 dependents and H-4 and L-2 employment authorization documents is about to change significantly. Two years ago, USCIS entered into a settlement agreement called Edakunni, et al. v. Mayorkas, No. 21-cv-393-TL (W.D. Wash.). In this agreement USCIS agreed to bundle the processing (i.e. process together) of applications to change or extend nonimmigrant status for H-4 or L-2 dependents, as well as applications for employment authorization filed by H-4 or L-2 spouses when filed at the same time and location as the underlying H-1B, L-1A, or L-1B nonimmigrant worker’s application. This bundling applied to applications filed under both standard and premium processing.

Unfortunately, this settlement is set to expire on January 18, 2025, two years after the settlement agreement’s effective date. 

USCIS has not said whether the agency will continue to bundle the processing of these forms after the settlement agreement expires.  While USCIS is not required to stop bundling these cases after the expiration of the settlement agreement, it is expected that the agency will do so. This means that H-4 and L-2 dependents can expect greater processing times for their immigration applications, especially for cases that would have been filed with premium processing.

The Department of Homeland Security (DHS) has announced 18-month extensions of Temporary Protected Status (TPS) for Ukraine, Sudan, and Venezuela. To maintain TPS and Employment Authorization Documents (EADs), eligible individuals must complete the re-registration process. Detailed re-registration procedures and eligibility criteria will be provided in upcoming Federal Register notices. Additionally, DHS has released an advance copy of a notice extending TPS for El Salvador, effective from March 10, 2025, through September 9, 2026. This notice is scheduled for publication in the Federal Register on January 17, 2026.

Birthright citizenship grants individuals automatic citizenship based on their place of birth, regardless of their parents’ nationality. This principle, embedded in the 14th Amendment of the U.S. Constitution, ensures that all individuals born on American soil are citizens of the country. This inclusive policy reflects core democratic values, emphasizing equality and the idea that national identity transcends race, religion, and heritage. It has also played a vital role in shaping the cultural diversity and resilience of the United States.

While widely seen as a safeguard for equality and inclusion, birthright citizenship remains a topic of political and legal debate. Advocates argue it upholds constitutional rights and enriches societies through diversity. Critics, however, raise concerns about immigration policies and potential abuses of the system. Despite differing perspectives, birthright citizenship serves as a powerful reminder of a nation’s commitment to providing opportunities and recognition to everyone who begins their life within its borders. This foundational principle underscores the broader ideals of freedom, fairness, and the promise of belonging.

This week U.S. Citizenship and Immigration Services authored a FAQ that confirmed DACA recipients may be granted advance parole to travel internationally to non-immigrant consular visa interviews. This guidance is limited to consular interview attendance for employer-sponsor nonimmigrant visas. Any DACA recipients eligible for a nonimmigrant work visa must file for advance parole and have that application approved before leaving the country. Emergency advance parole may also be issued by USCIS in this scenario. For more information, please consult the USCIS DACA FAQs website or reach out to one of our attorneys for a consultation.

With former President Donald Trump’s return to office, U.S. immigration policy is likely to undergo substantial changes that will impact business immigration. Drawing on Trump’s prior administration, his campaign promises, and recent expert analyses, we can anticipate shifts in policy that will directly affect employers and noncitizen employees in a myriad of ways. Here are a few ways that we might see business immigration change with the new administration:

1. Higher Scrutiny for H-1B Visas: One of the main changes we anticipate is heightened scrutiny for H-1B applications, likely leading to stricter requirements and a rise in RFEs and denial rates. The Trump administration may look to restrict the definition of specialty occupation, raise prevailing wages, and eliminate prevailing wages levels 1 & 2. Additionally, the administration may attempt to scale back or eliminate the H-4 EAD program, which currently permits spouses of H-1B visa holders to work in the U.S.
2. Increased Compliance and Enforcement Measures: Employers can expect an uptick in compliance demands across nonimmigrant and immigrant visa programs. The Trump administration may push for mandatory E-Verify nationwide, requiring all employers to verify the work eligibility of their employees. Worksite audits and I-9 Employment Eligibility Verification checks could become more frequent, with substantial penalties for non-compliance.
3. Focus on Merit-Based Immigration: Merit-based immigration, a hallmark of Trump’s initial policy agenda, is likely to re-emerge. This approach prioritizes skilled immigrants who can directly contribute to the economy rather than family-based or humanitarian entries. Legislative efforts may prioritize applicants based on skills, education, and economic contributions, which could reshape the demographic makeup of employment-based visas.
4. Restrictions on Humanitarian Programs: The Trump administration is expected to curtail humanitarian immigration programs. Proposals to end Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) are on the table, affecting thousands of foreign nationals who currently have work authorization. Changes in asylum policies and restrictions on humanitarian parole programs could also impact business immigration, as these programs often allow qualified individuals to work legally in the U.S.
5. Potential Reinstatement of Travel Bans: The return of travel bans, particularly those based on nationality or ideological beliefs, may impact international business travel and recruitment. The administration could reinstate or expand these bans, potentially creating complications for multinational companies and U.S.-based businesses that rely on a globally mobile workforce.
6. Revisions to Work Authorization for Specific Visa Categories: Policies affecting the H-4 EAD program and the Optional Practical Training (OPT) program for international students on F-1 visas are likely to be revisited. Changes to work authorization for these visa categories could limit employment opportunities for highly skilled foreign professionals. Additionally, a rollback of visa interview waivers could result in longer wait times and increased security vetting and administrative processing – impacting both current and prospective employees who require visas.

A second Trump administration will likely bring sweeping changes to U.S. immigration policy, with a strong focus on limiting legal immigration and enhancing compliance measures. Staying informed and planning strategically will be key for any organization relying on a diverse, globally sourced talent pool in a potentially restrictive immigration environment.

On June 18, President Biden signed an executive order designed to streamline the D3 waiver process for foreign-born college graduates and DACA (Deferred Action for Childhood Arrivals) recipients. This initiative is a key component of the administration’s broader efforts to create a more efficient and predictable immigration system, particularly benefiting foreign graduates of U.S. colleges and universities who have job offers in fields related to their degrees.

What Is the D3 Waiver?

The D3 waiver is a waiver of inadmissibility that allows a foreign national to request that the US government waive an inadmissibility ground so the applicant can re-enter the US. This waiver process allows foreign graduates and certain individuals, like DACA recipients, to re-enter the United States for employment opportunities related to their qualifications. However, this process has historically been slow, confusing, and unpredictable, causing significant frustration for applicants and their U.S. employers. On average, approval can take several months to over a year, leaving applicants in a state of uncertainty.

Key Changes in the Executive Order

The executive order introduces updated guidance for consular officers responsible for reviewing and processing D3 waiver applications. It aims to expedite the process and emphasizes the importance of these individuals to the U.S. workforce and economy. The new guidance directs officers to consider the following specific factors when deciding on D3 waiver applications:

• Emphasis on U.S. Graduates and Skilled Labor: Consular officers are instructed to recognize that applicants who have graduated from U.S. institutions or possess skilled labor qualifications contribute positively to the public interest in the United States. This is particularly true for those seeking to start or continue employment in fields that align with their educational background or skill set.

• Expedited Processing: The updated guidance encourages consular officers to accelerate the application and approval process for qualified individuals, aiming to reduce the waiting time and uncertainty that applicants currently face which waiting for the waiver to be adjudicated.

By emphasizing the value of foreign graduates and skilled workers in the U.S., the administration seeks to enhance the country’s competitiveness and economic growth. The executive order underscores the need for a more efficient and predictable system that benefits both the applicants and their prospective employers. The updated D3 waiver process provides a faster pathway for talented individuals to contribute to the U.S. economy. This change not only benefits foreign graduates and DACA recipients but also U.S. companies eager to tap into the talent pool these individuals represent.

The Visa Bulletin is a monthly publication issued by the U.S. Department of State that provides updated information on the availability of immigrant visa numbers for individuals seeking permanent residency (green cards) in the United States. It is primarily used by people applying for family-sponsored and employment-based immigration, providing them with “priority dates” that determine their place in line for a visa, based on their application category and country of origin. The bulletin includes two main charts: one for “final action dates,” which indicates when visas may be issued, and one for “dates for filing,” which shows when applicants can submit their green card applications. The Visa Bulletin helps applicants track their progress toward receiving a visa amidst the U.S.’s limited annual quotas.

October starts the federal government’s fiscal year, and this first Visa Bulletin of FY2025 left many visa applicants disappointed with its limited progress and in some cases retrogression. For example, EB-3 China Final Action retrogresses five months from September 1, 2020, to April 1, 2020. Similarly, EB-3 China Dates for Filing retrogresses from July 1, 2021, to November 15, 2020. However, some categories such as EB-3 worldwide Final Action jumped ahead nearly two years. The October 2024 Visa Bulletin does not provide guidance on expectations for the remainder of the fiscal year, but does reset visa availability for the fiscal year. This year’s conservative start has many applicants bracing themselves for longer and longer wait times.