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 March 2025 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 in the month of February.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of March.
For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of March.
After just two weeks in office, President Trump has overhauled the U.S. immigration system passing countless executive orders to begin his mass deportations and secure the southern border.
But how will his administration deal with legal immigration? In this video, we cover some of the changes that adjustment of status (green card) applicants can expect to see under the Trump administration in 2025, including upcoming case processing delays at the U.S. Citizenship and Immigration Services (USCIS), the end of green card interview waivers, the rise in Requests for Evidence (also known as RFEs), the public charge rule, and much more.
For more about how these changes can impact your case, please keep watching.
Overview
Green Card through Adjustment of Status
Applicants who are interested in applying for permanent residence while in the United States can do so through a process known as “adjustment of status.”
To qualify for adjustment of status, generally applicants must have entered the U.S. lawfully and be physically present in the United States.
Additionally, there must be an underlying immigrant petition filed by a qualifying family member (Form I-130) or by a U.S. employer (Form I-140). Certain employment-based applicants may self-petition without an employer, such as applicants seeking an EB-2 National Interest Waiver or EB-1A Aliens of Extraordinary Ability.
Examples of family members who can petition for immigrant aliens include spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, or parents of U.S. Citizens.
During these uncertain times in immigration, we bring you this informative video to summarize President Donald Trump’s recent thirteen executive actions on immigration.
Some of the highlights of this discussion include President Trump’s executive order affecting birthright citizenship, measures to enhance border security, mass deportations of undocumented immigrants, potential executive orders implementing new travel bans, and much more.
To learn more about these executive orders and how they may impact you, please keep watching.
Overview
What happened on day one of the Trump administration?
President Trump signed thirteen executive orders on the first day of his presidency, setting the tone for the start of his administration with new policies that create obstacles for certain immigrants.
EO #1President Trump’s America First Priorities
The first of these executive orders is “President Trump’s America First Priorities,” which outlines the top priorities that we can expect to see from the Trump administration over the next four years.
The major highlights of this order are as follows:
President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
At the President’s direction, the State Department will have an “America-First” foreign policy
Ends Biden’s Catch-and-Release Policies
What it is:Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.
Reinstates Remain in Mexico Policy
What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.
Continues the construction of his southern border wall with Mexico
Prohibits asylum for individuals who have crossed the border illegally
What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process
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 February 2025 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 in the month of February.
USCIS Adjustment of Status
For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will use theFinal Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.
For family-sponsored preference categories, USCIS will use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of February.
Now that 2025 is in full swing, in this video, we will discuss our predictions for visa availability for employment-based and family-sponsored preference categories, based on historical patterns and statistical information from the past year.
If you are waiting for your priority date to become current on the Visa Bulletin and want to know when your immigrant visa might be issued, you won’t want to miss this video.
Overview
Each year, the availability of immigrant numbers for employment-based preference immigrants is calculated based on Section 201 of the Immigration and Nationality Act (INA).
For FY 2024, the annual numerical limit for family sponsored immigrant visas was 226,000. Of these visas, only about 170,000 visas were actually allocated and issued to family sponsored immigrants. Approximately 58,000 visas were left unused in fiscal year 2024 due to country specific backlogs and scheduling delays.
That leaves a substantial number of unused family visa numbers that can potentially be transferred to employment-based visas in fiscal year 2025.
It is important to note that for fiscal year 2024, the Department of State determined that the employment-based annual limit would be 160,791, due to unused family-sponsored visa numbers from fiscal year 2023 being added to the employment-based limit for fiscal year 2024.
In this video, attorney Jacob Sapochnick discusses an interesting situation that can occur when the U.S. Citizenship and Immigration Services (USCIS) issues a green card by mistake.
Learn what can happen in this situation and the steps you need to take to inform USCIS of the mistake, so that it does not cause complications for you down the road.
Overview
You might be wondering, how is it possible for a green card to be issued by the U.S. Citizenship and Immigration Services (USCIS) by mistake? Although this is not a common occurrence, there are situations where an administrative or clerical error, can lead USCIS to issue a green card before an applicant is eligible to receive one, or before a green card is available.
It is important for you to understand that receiving a green card in error can have serious immigration consequences. Those who fail to take action to correct or remedy the mistake within a reasonable time can lose their ability to apply for U.S. Citizenship or even jeopardize their green card status.
How Does This Occur?
Green Card Issued Before a Priority Date is Current
Under U.S. immigration law, except for immediate relatives of U.S. Citizens, there are annual numerical limits on the number of green cards that can be issued to green card applicants. This applies to both employment-based and family-sponsored applicants. Due to these numerical limitations, the majority of green card applicants must wait their place in line until a green card is available to them. Only once an applicant has reached the front of the line (their priority date becomes current for final action on the Visa Bulletin), can they be eligible to receive a green card.
To know when a priority date is current for final action, applicants must regularly review the Department of State’s Visa Bulletin. A green card applicant’s priority date can be located on the I-130 or I-140 Form I-797 Notice of Action. The priority date generally falls on the date when the I-130 or I-140 immigrant petition was filed with USCIS. This date will determine your place in line in the green card queue.
The Department of Homeland Security (DHS) recently published a final rule in the Federal Register aimed at modernizing the H-1B and H-2 work visa programs.
In this video, attorney Jacob Sapochnick shares the ways in which the final rule will impact H-1B workers, H2 workers, and their employers. In general, these changes will make it easier for H-1B workers to obtain visa renewals in the new year and will prevent workplace interruptions for F-1 international students seeking to change their status to H-1B.
The final rule impacting H-2 temporary workers will allow U.S. companies to hire seasonal workers more quickly and more efficiently than ever before.
H-1B Final Rule Highlights
Modernizes the definition and criteria for H-1B specialty occupations
Introduces cap-gap protections for F-1 students seeking a change of status to H-1B
Streamlines the processing of applications for individuals who were previously approved for an H-1B visa
Allows H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to certain conditions
Clarifies that employers must have a legal presence in the United States
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 January 2025 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 in the month of January.
USCIS Adjustment of Status
For employment-based and family-sponsored preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of December.
What will Trump’s immigration policies look like during his second term? In this video, attorney Jacob Sapochnick breaks down what families need to know before he takes office.
You will learn all about the upcoming changes that may impact family-based immigration, and how his policies may slow down the processing of immigrant visas at U.S. Embassies and Consulates abroad.
This information is based on the Trump administration’s campaign promises, and actions taken during his first term in office. While we do not know for certain what is to come, applicants should expect a departure from the Biden administration’s immigration policies.
Overview
Looking back on President Trump’s first term in office, his administration issued far-reaching executive actions on immigration. From Muslim travel bans to an overhaul of the public charge rule, the immigration process became much more restrictive.
Many of these executive actions and policy changes may be reinstated during his first 100 days in office, causing more headaches for family-based immigrants.
Here are some of the changes that may be expected from the Trump administration.
Return of the Public Charge Rule for Green Card and Immigrant Visa Applicants
To obtain a green card or immigrant visa, applicants must demonstrate that they are not likely to become a “public charge” on the U.S. government. A person who is likely to depend on government assistance for their basic needs is deemed a “public charge.”
In 2019, the Trump administration expanded the criteria used by USCIS and Consular officials to determine whether an immigrant is likely to become a public charge. Under Trump’s public charge rule, the use of public benefits (such as food stamps, Medicaid, and Section 8 housing assistance) were factors that were considered in public charge determinations, making it more difficult for immigrants receiving these benefits to obtain a green card.
The Trump administration also required USCIS and Consular officers to weigh several factors when making a public charge determination, including the applicant’s age, health, family status, assets, resources, financial status, education, and skills.
Proof of Personal Financial Resources
To make matters worse, Trump’s public charge rule also required green card applicants to show proof of personal financial resources.
President Trump will soon return to the White House, bringing with him many changes in the world of immigration.
In this video, attorney Jacob Sapochnick shares the ways in which the Trump administration will impact the processing at visas U.S. Consulates and Embassies worldwide, including immigrant and non-immigrant visas.
This video also covers the latest updates regarding the operational capacity of U.S. Consular posts and Embassies as of November 2024.
If you are currently waiting in line for a visa interview at a U.S. Consulate or Embassy abroad, you won’t want to miss this video.
Overview
President Trump will settle into the White House on January 20, 2024, bringing with him new appointments to cabinet level positions. His pick for Secretary of State is likely to be the Republican Marco Rubio, a known conservative who supports legal immigration and a crackdown on illegal immigration.
Nonimmigrant visa applicants may face new restrictions when applying at U.S. Consulates and Embassies. During the previous Trump administration, work visa applicants were under much heavier scrutiny than ever before. H-1B, O-1, L-1, and J visa applicants found it much more difficult to obtain approvals both at the USCIS and Consular level.
These challenges existed even for applicants seeking extensions of their work visa.
To avoid being subject to greater scrutiny, applicants should file their cases as soon as possible. If premium processing service is available for your petition, take advantage of it.
Immigration Lawyer Blog
