Search results for: Employment Visas

Co-Chairs of Greenberg Traurig’s Immigration & Compliance Practice, Kate Kalmykov and Courtney Noce, are presenting the Strafford Webinar: Employment-Based Visas and 2025 Executive Orders: Legal Challenges and Employer Strategies on Thursday, March 20 at 1:00 PM ET. This CLE webinar will provide counsel with an overview of the new executive orders issued by President Trump and their anticipated impacts on employment-based visas and immigration. The program will focus on the implications for employers across various industries and offer practical strategies for navigating these new regulations.

Date: Thursday, March 20 at 10:00 a.m.

Click here to view on GTlaw.com.

Amid a flurry of media reports last week and verified today by U.S. Sen. Chris Van Hollen (D-MD), Homeland Security Secretary Kirstjen Nielsen announced the availability of 30,000 additional H-2B visas for 2019 seasonal employment. Several years ago, Congress gave the DHS Secretary, in consultation with the Department of Labor, the authority to augment H-2B seasonal visas up to a cap (66,000 per/yr). The Secretary has allowed 15,000 additional H-2B visas in the past two years. This doubling of the allotment comes with a returning worker requirement. That means only those H-2B visa holders who previously held visas in the past three years are eligible to participate in the 30,000 allotment.

The Secretary continues to encourage Congress to pass legislation determining the number of seasonal H-2B visa holders per year. In the interim, many in Congress have encouraged the Secretary to use her discretion, as she did today, to increase H-2B visas to eligible individuals.

The number of additional visas and timing pleasantly surprised many observers. The President has discussed the need for additional workers in speeches recently, and his remarks are believed to have had an effect on today’s announcement.

Sec. Nielsen indicated that a formal announcement of this action will be in an upcoming Federal Register.  Please check back, as we will update this and other posts.

For more on H-2B visas, click here.

˘ Not admitted to the practice of law

The Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) have announced expansions to screening and vetting across consular visa processing and USCIS immigration benefit adjudications. These developments reflect a coordinated federal approach that has increased scrutiny for nonimmigrant visa applicants abroad and individuals seeking immigration benefits within the United States.

1. Department of State’s Expanded Visa Screening

  • Effective March 30, 2026, DOS expanded online presence and social media review to additional nonimmigrant visa categories.
  • The covered categories now include A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, U, H-1B, H-4, F, M, and J nonimmigrant visas.
  • Applicants in affected categories must disclose five years of social media handles and set all social media profiles to “public” to complete visa adjudication.

2. USCIS Strengthened Vetting for Immigration Benefits

  • On March 30, 2026, USCIS announced strengthened vetting measures after reporting identifying gaps that resulted in approvals of naturalization, green card, and other immigration benefit applications. USCIS determined that these gaps presented potential national security or public safety concerns.
  • Earlier this year, USCIS issued policy memoranda placing holds and enhanced review on:
    • Pending asylum and benefit applications from 39 designated high‑risk countries; and
    • Certain Diversity Visa–based adjustment of status applications.
  • Employment authorization is subject to enhanced screening and vetting. USCIS may place holds on applications, conduct additional background and security checks, or limit validity periods for Employment Authorization Documents (EADs) as part of its strengthened review, particularly for applicants from designated high‑risk countries or categories. For additional information, refer to the related USCIS alert regarding reduced validity periods for newly issued employment authorization documents.

Considerations for Applicants

  • Heightened scrutiny for visa applicants: Nonimmigrant visa applicants, particularly those in newly affected categories, may see closer review of online activity and social media during the adjudication process.
  • Accuracy and consistency: Information provided on visa applications, immigration filings, prior entries, and social media should be truthful, complete, and consistent. Errors or omissions may result in delays, denials, or further investigation.
  • Processing times: Enhanced screening by both DOS and USCIS may result in increased administrative processing, requests for evidence, or application holds, particularly for applicants from designated higher‑risk countries.
  • Ongoing vetting: USCIS has indicated that vetting continues beyond initial entry into the United States. Asylum, adjustment of status, and naturalization applications may be subject to additional review.
  • Early consultation with immigration counsel: Given the increased focus on security screening, background checks, and social media review, individuals and employers are may wish to consult with immigration counsel to assess their circumstances, prepare documentation, and address potential issues proactively.

The U.S. Department of State has published its March 2026 Visa Bulletin, and U.S. Citizenship and Immigration Services (USCIS) confirmed that employment-based adjustment applicants must rely on the Dates for Filing chart this month, instead of the Final Action chart.

Using the Dates for Filing chart allows eligible foreign nationals to submit adjustment of status applications and supporting documentation, even if an immigrant visa number is not yet immediately available. For some employers and sponsored employees, this means earlier filing, work authorization eligibility, and greater flexibility while waiting for final action dates to become current.

This month’s bulletin shows several meaningful advances, particularly for India in EB-2 and for China in EB-1 and EB-5.

Below is our breakdown of what changed and who may benefit.

Category-by-Category Updates

EB-1 (Priority Workers)

  • China: Advances four months to Dec. 1, 2023
  • India: Advances four months to Dec. 1, 2023
  • All other countries (including Mexico and the Philippines): Remain current

What this means: EB-1 continues to move steadily forward for both China- and India-born applicants, potentially allowing additional high-skilled professionals and multinational managers to file adjustment applications.

EB-2 (Advanced Degree Professionals)

  • China: No change; remains Jan. 1, 2022
  • India: Advancement of 11 months to Nov. 1, 2014
  • All other countries: Become current

What this means: EB-2 updates mark a notable development for this month. Indian EB-2 applicants see a substantial forward movement, while applicants from the rest of the world may now file immediately, regardless of priority date.

EB-3 (Skilled Workers and Professionals)

  • China: No change; remains Jan. 1, 2022
  • India: No change; remains Aug. 15, 2014
  • Mexico and most other countries: Advance 3.5 months to Jan. 15, 2024
  • Philippines: Advances three months to Jan. 1, 2024

What this means: Moderate progress continues outside of China and India, opening additional filing opportunities for employers sponsoring workers in this category.

EB-5 (Unreserved Investor Category)

  • China: Advances 40 days to Oct. 1, 2016
  • India: No change; remains May 1, 2024
  • All other countries: Remain current

What this means: Incremental forward movement continues for China-born investors, while most other countries maintain immediate availability.

Quick Reference: Dates for Filing – March 2026

CategoryAll Other CountriesChinaIndiaMexicoPhilippines
EB-1CurrentDec. 1, 2023Dec. 1, 2023CurrentCurrent
EB-2CurrentJan. 1, 2022Nov. 1, 2014CurrentCurrent
EB-3Jan. 15, 2024Jan. 1, 2022Aug. 15, 2014Jan. 15, 2024Jan. 1, 2024
EB-5 (Unreserved)CurrentOct. 1, 2016May 1, 2024CurrentCurrent

Practical Considerations for Employers and Employees

Because USCIS noted it will accept filings based on the Dates for Filing chart this month, eligible individuals may:

  • Submit adjustment of status applications sooner;
  • Apply for employment authorization (EADs) and advance parole; and
  • Secure greater stability while waiting for final visa availability.

Employers may wish to review priority dates now to determine which of their sponsored employees may be newly qualified to file in March.

Additional Commentary from the State Department

In the March Visa Bulletin, the State Department highlighted a slowdown in immigrant visa issuance at U.S. consulates for nationals of certain countries. According to the agency, this decline is tied to policy measures implemented during the Trump administration, including nationality-based travel restrictions affecting nearly 40 countries and a separate pause on immigrant visa processing impacting approximately 75 countries, with some overlap between the two groups.

Because the government is currently issuing fewer immigrant visas, overall demand on the annual visa allocation system has temporarily eased. As a result, the State Department advanced several employment-based cutoff dates in the March bulletin, creating additional filing opportunities for eligible applicants.

At the same time, the government cautioned that these forward movements may not be permanent. If visa demand rises or agencies lift or modify existing restrictions, the State Department may retrogress priority dates later in the fiscal year to remain within statutory limits. The current fiscal year concludes on Sept. 30, 2026. Employers and applicants should therefore consider treating these advances as time-sensitive opportunities and consider acting promptly where eligibility exists.

The U.S. Department of State’s National Visa Center (NVC) has issued updated guidance that impacts employment-based immigrant visa applicants, including EB-5 investors. This change is especially relevant for globally mobile professionals and investors residing outside their country of nationality.

Key Policy Changes

Applicants must now

  • Interview for the immigrant visa in their country of residence, or
  • Request to interview for the immigrant visa in their country of nationality, subject to approval.

To attend the immigrant visa interview at a consular post, applicants must submit proof of legal residence in the country where their case is assigned. This applies to all employment-based categories, including:

  • EB-1 (Executives, Researchers)
  • EB-2 (Advanced Degree Professionals, NIW)
  • EB-3 (Skilled Workers)
  • EB-5 (Investors)

Acceptable Proof of Residency Includes

  • Passport with a residency stamp,
  • Valid work or student visa,
  • Legal permanent resident card or landing document,
  • Refugee or humanitarian documentation, or
  • Other official documentation confirming lawful residence.

Importantly, having a visitor visa would not qualify an applicant to interview in a country; evidence of a longer-term visa or status is required.

Designated Processing Posts for Countries Without US Consular Operations

Applicants from countries where the United States does not conduct routine visa services must attend interviews at designated alternate posts. Below is a summary of current assignments:

NationalityDesignated Location(s)
AfghanistanIslamabad
BelarusVilnius, Warsaw
ChadYaoundé
CubaGeorgetown
HaitiNassau
IranDubai
LibyaTunis
NigerOuagadougou
RussiaAstana, Warsaw
SomaliaNairobi
South SudanNairobi
SudanCairo
SyriaAmman
UkraineKrakow, Warsaw
VenezuelaBogotá
YemenRiyadh
ZimbabweJohannesburg

Important Takeaways

  • Third-country processing is not permitted unless special circumstances apply.
  • Traveling to another country solely to apply for a visa does not qualify as a special circumstance.
  • There may be delays if applicants do not provide sufficient proof of residence in the assigned country.
  • Existing appointments for nonimmigrant visas may not be canceled, but applicants may be refused under INA §214(b) if they cannot prove residence.

Considerations for Employers and Investors

  • Confirm assigned consular posts.
  • Gather and submit appropriate residency documentation.
  • Contact your immigration counsel to request a transfer or explain special circumstances, if needed.

It is critical for companies and EB-5 investors to prepare documentation and coordinate through counsel with the NVC to enhance timely and compliant visa processing.

The line between permissible business visitor activities and unauthorized employment has come under heightened scrutiny. A recent large-scale raid – where foreign nationals were found working on B-1/ESTA entries – demonstrates how costly missteps can be.

When a B-1 Visitor or ESTA Is Appropriate

The B-1 business visitor visa (and ESTA under the Visa Waiver Program) authorizes foreign nationals to enter the United States for limited business purposes. The Department of State defines permissible activities in the 9 FAM 402.2-5. Key examples include:

  • After-Sales Service: Installing, servicing, or training U.S. workers on machinery or equipment purchased from a company outside the United States, when required by contract of sale (see 9 FAM 402.2-5(E)(3)). Ensuring that any outside companies at your worksite are following federal immigration laws.
  • Training: Receiving training in the United States from a parent, affiliate, or related company, provided the training is not available in the home country and does not involve productive employment (9 FAM 402.2-5(F)).
  • Proprietary Knowledge: Employees of a foreign company may enter to share specialized or proprietary knowledge with a U.S. affiliate, so long as the activities are consultative and not hands-on productive work (9 FAM 402.2-5(E)).
  • Business Development: Attending meetings, conferences, trade shows, or negotiating contracts (9 FAM 402.2-5(B)).

What Is Not Permitted

  • Engaging in day-to-day activities for a U.S. business
  • Performing hands-on labor that directly contributes to U.S. operations
  • Receiving compensation from a U.S. source for work performed in the United States

Eligibility Under the B-1/ESTA Depends on:

  • Nature of the activity (business vs. productive work)
  • Source of remuneration (foreign vs. U.S. payroll)
  • Duration and frequency of stays (short-term, defined visits vs. ongoing assignments)

Employers should review activities against the FAM guidance and ensure travel is narrowly tailored.

Visa Alternatives to Consider

When business visitor status is not appropriate, companies should explore work-authorized visas. Many allow short-term, intermittent, or part-time structures:

  • H-1B: Specialty occupation roles, can be part-time or project-based.
  • L-1: Intra-company transferees, including executives, managers, and specialized knowledge staff.
  • O-1: Extraordinary ability visa, structured around engagements or projects.
  • E-2: Treaty investor visas which allow for the transfer of non-owner employees who have specialized skills that are essential to the operation of a US enterprise.

Training Visa Options: H-3 and J-1

For situations where training, not employment, is the goal:

  • H-3 Trainee Visa (9 FAM 402.10): For structured training programs unavailable abroad, provided the training benefits the employee’s career outside the United States.
  • J-1 Trainee or Intern: Allows structured programs sponsored by designated organizations, often more flexible but with programmatic requirements.

Companies may also consider developing their own training programs to lawfully host trainees in the United States with proper visa sponsorship.

Why Compliance Matters

The recent enforcement action underscores that the government is closely scrutinizing use of visitor visas. Companies should:

  • Audit all B-1/ESTA travel against 9 FAM provisions
  • Train business units on permissible vs. impermissible activities

Bottom line: Visitor visas are a powerful tool for global commerce, but they cannot substitute for proper work authorization. Reviewing travel under the 9 FAM 402.2 framework is essential to compliance, business continuity, and protecting your workforce.

On Aug. 28, the U.S. Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) seeking to amend existing regulations to limit the admission of foreign nationals holding the F (academic student), J (exchange visitor), and I (representatives of foreign information media) classifications to a fixed time period. Currently, F, J, and some I status holders have the flexibility of remaining in the United States for as long as they comply with the terms and conditions of their nonimmigrant classification (“D/S,” or “duration of status”).

DHS said the proposed rule addresses the significant increase in the volume of nonimmigrants in F, J, and I status over the past decades and the resulting challenge to the department’s ability to monitor these nonimmigrants’ compliance with the terms of their status.

Key Changes Proposed

  • Replacing Duration of Status (D/S) – an open-ended period covering the full duration of their academic program or employment – with fixed admission periods.
  • F and J visa holders would be admitted for the length of their program as stated on their I-20 or DS-2019 or four years, whichever is shorter.
  • I visa holders would be admitted for the duration of their assignment, not to exceed 240 days, or 90 days for those from the People’s Republic of China (excluding Hong Kong and Macau).
  • To continue beyond the established period, foreign nationals must apply for an extension of status with U.S. Citizenship and Immigration Services (USCIS) prior to their admission expiration date (240-day automatic extensions of stay and (where applicable) work authorization would be available for timely filed applications).

Additional Restrictions

  • Reduced grace period: F-1 students would have 30 days post-program to depart, down from 60.
  • F-1 students in English language programs: Limited to 24 months total.
  • Public high school students: Limited to 12 months total.
  • F-1 undergraduates: Restricted from changing majors or transferring to a different school in the first year unless granted an exception.
  • F-1 graduates: Prohibited from changing majors from within the United States at any time during their program.
  • No F-1 student can enter a second educational program at the same or lower level after completing the initial program.

Key Impacts

  • No status extensions through the Student and Exchange Visitor Information System (SEVIS): F and J visa holders would no longer be able to rely on school-issued I-20 or DS-2019 updates alone to remain in status.
  • Additional administrative compliance and financial burdens, including preparing and filing extension applications, paying the filing fees, and gathering additional documentation to justify the extension (e.g., academic delays, illness, natural disasters).
  • Additional administrative steps, including biometric screening.
  • Potential delays and gaps in academic programs and ability to travel internationally. 

Other Notable Impacts

  • Under the new rule, F, J, and I visa holders would begin accruing unlawful presence immediately after their authorized stay expires, as opposed to affirmative formal termination of their admission period. This may trigger three or 10-year bars on readmission depending on the duration of unlawful presence.
  • The NPRM does not clearly address how program interruptions and reinstatement procedures would interact with fixed admission periods. Students who fall out of status due to a gap in their attendance may face dual hurdles of reinstatement through SEVIS update and a separate application for extension of status through USCIS.

Practical Takeaways

  • DHS expects students to maintain status within the fixed admission period or seek an extension proactively. As such, students whose program timelines are disrupted would need to file an extension of status application with USCIS, including biometric data and supporting documentation 
  • Students on medical or personal leave may need to exit the U.S. and re-enter with a new visa, depending on the timing and USCIS adjudication. Students from countries with limited visa access or longer consular wait times may need to pay special attention to these situations and plan accordingly.
  • Students seeking to remain in the U.S. after graduation (and practical training period) may not be able to remain in the country by entering another DHS-approved program at the same or lower level.

Advocacy and Support Efforts

Comments on the NPRM are accepted until Sept. 29, 2025.

Conclusion

The DHS NPRM proposes replacing the “duration of status” (D/S) model for F, J, and I visa holders with fixed admission periods, generally capped at four years or the length of the program, whichever is shorter. After this period, individuals must apply for an extension of stay through USCIS, which includes biometric screening and documentation of continued eligibility. The rule reduces the post-completion grace period to 30 days, limits F-1 students’ ability to change majors or attend multiple same-level programs, and introduces new rules of calculating unlawful presence.

The U.S. Department of State (DOS) has published the first visa bulletin of the government’s new fiscal year (FY2025). The monthly bulletin published by the DOS summarizes the availability of immigrant numbers. USCIS has also announced that it will utilize the “Dates for Filing” chart published by DOS for both family-sponsored and employment-based preference categories for the month of October.

The October 2024 visa bulletin reflects advancement in several employment-based categories in both the Final Action Dates and Dates for Filing charts. Please see the October 2024 Dates for Filing of Employment-Based Visa Applications chart below:

October 2024 Dates for Filing of Employment-Based Visa Applications chart

In summary, the October Visa Bulletin reflects the following key movements that account for advancements in the visa bulletin from September, which also includes the shift from the Final Action Dates to the Dates for Filing chart:

  • EB-1
    • EB-1 China: advances two months to Jan. 1, 2023
    • EB-1 India: advances six weeks to April 15, 2022
    • EB-1 All Chargeability: remains current
  • EB-2
    • EB-2 China: advances seven months to Oct. 1, 2020
    • EB-2 India: advances five and a half months to Jan. 1, 2013
    • EB-2 All Chargeability: advances four and a half months to Aug. 1, 2023
  • EB-3
    • EB-3 China: advances two and a half months to Nov. 15, 2020
      • The Final Action Dates chart for October 2024 has retrogressed by five months from Sept. 1, 2020, to April 1, 2020, compared to the September 2024 Final Action Dates chart.
    • EB-3 India: advances six and a half months to June 8, 2013
    • EB-3 All Chargeability: advances two years and three months to March 1, 2023

Also of note, pursuant to H.R. 2882, signed March 23, 2024, no Employment Fourth Certain Religious Workers (SR) category visas may be issued overseas, or final action taken on adjustment of status cases after midnight Sept. 29, 2024. The SR category is listed as “Unavailable” for all countries in October. As stated by the DOS in the October bulletin, “In the event there is legislative action extending the category, it is likely it will become available effective immediately. If extended, the category will be subject to the same final action dates as the other Employment Fourth Preference categories per applicable foreign state of chargeability.”

As we progress into the new fiscal year, throughout August and into September, DOS made announcements that the annual visa limits for FY 2024 have been reached for the EB-1, EB-2, EB-3, EW, EB-4 and EB-5 unreserved categories.

Overall, the October 2024 visa bulletin shows some positive movement forward for key categories such as the EB-2 categories, EB-3 All Chargeability and EB-3 India, thanks in part to the shift from the Final Actions Date chart to the Dates for Filing chart. The key notable retrogression is for the Final Action Date for EB-3 China; a disappointment given the new allotment of visa numbers as we progress into the government’s FY2025.

On Sept. 15, 2023, the U.S. Department of State (DOS) published the October 2023 visa bulletin for the start of the government’s new fiscal year (FY 2024). The October 2023 visa bulletin reflects advancements in several employment-based categories in both the Final Action Dates and Dates for Filing Charts. Shortly after the DOS released the latest visa bulletin for the upcoming month, U.S. Citizenship and Immigration Services (USCIS) announced it would shift from using the Dates for Final Action chart in September 2023 to the Dates for Filing chart in October 2023 to determine filing eligibility for employment-based adjustment of status. Please see below for the October 2023 Dates for Filing of Employment-Based Visa Applications Chart:

Employment-
based		All Chargeability
Areas Except
Those Listed		CHINA-
mainland 
born		INDIAMEXICO PHILIPPINES 
1stC01AUG2201JUL19CC
2nd01JAN2301JAN2015MAY12 01JAN2301JAN23
3rd01FEB2301SEP2001AUG1201FEB2301JAN23
Other Workers15DEC2001JUN1701AUG1215DEC2015MAY20
4th01MAR1901MAR1901MAR1901MAR1901MAR19
Certain Religious Workers01MAR1901MAR1901MAR1901MAR1901MAR19
5th Unreserved
(including C5, T5, I5, R5)		C01JAN1701APR22CC
5th Set Aside:
(Rural – 20%)		CCCCC
5th Set Aside:
(High Unemployment – 10%)		CCCCC
5th Set Aside:
(Infrastructure – 2%)		CCCCC

Please see below for a summary of movement in key employment-based categories that accounts for advancements in the visa bulletin and USCIS’ shift from honoring the Final Action Dates to Dates for Filing chart:

  • EB-1
    • EB-1 China: advances six months to Aug. 1, 2022;
    • EB-1 India: advances seven and a half years to July 1, 2019; and
    • EB-1 All Other Countries: advances two months and will be current.
  • EB-2
    • EB-2 China: advances roughly six months to Jan. 1, 2020;
    • EB-2 India: advances nearly one and a half years to May 15, 2012; and
    • EB-2 All Other Countries: advances six months to Jan. 1, 2023.
  • EB-3
    • EB-3 China: advances one year to Sept. 1, 2020.
    • EB-3 India: advances more than three and a half years to Aug. 1, 2012; and
    • EB-3 All Other Countries: advances roughly three years to Feb. 1, 2023.

Though the October 2023 visa bulletin brings advancements in the short-term, USCIS’ subsequent update tempers expectations for significant advancement in the upcoming fiscal year. According to USCIS, the agency “issued an unprecedented number of employment based green cards in fiscal years 2022 and 2023.” USCIS explained that “employment-based numerical limits for FY 2024 and beyond are not expected to be as high as in previous years because fewer family-based immigrant visas will go unused, resulting in less carryover to the employment-based allocations.” USCIS expects an uptick in family-based green card applications relative to the number of family-based applications during the pandemic. Consequently, there will be less unused family-based green card allocations that pool into the employment-based categories, thereby reducing the total number of expected employment-based green cards available. As a result, there may be less advancement in the visa bulletin during the upcoming fiscal year and a greater chance for noticeable retrogression towards the end of the upcoming FY 2024.

This is a disappointing result for many, including the advocacy organizations and stakeholders who have recently been vocal in arguing for further advancement of the visa bulletin, including a bipartisan group of more than 50 Congresspersons who had advocated for such. While USCIS’ subsequent announcement highlighted various other actions that the agency has taken to support employment-based immigration, the government’s actions fell short of these stakeholders’ expectations.

The U.S. Senate passed by Unanimous Consent an amended version of H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019 that was passed by the U.S. House of Representatives in 2019.

The Senate-passed bill eliminates per-country quotas for all employment-based immigrant visa and adds additional requirements for H-1B visas. See the bill here.

This bill increases the per-country cap on family-based immigrant visas from 7% of the total number of such visas available that year to 15%, and eliminates the 7% cap for employment-based immigrant visas. It also removes an offset that reduced the number of visas for individuals from China.

The bill also establishes transition rules for employment-based visas from FY2020-FY2022, by reserving a percentage of EB-2 (workers with advanced degrees or exceptional ability), and EB-3 (skilled and other workers) for individuals not from the two countries with the largest number of recipients of such visas. Of the unreserved visas, not more than 85% shall be allotted to immigrants from any single country. EB-5 is not included in the transition as it was in the earlier House version.

The Senate bill includes H-1B compliance provisions and limitations on Chinese immigrants affiliated with the Chinese government. We understand that House leaders have concerns with some of these new Senate-passed provisions and will amend the bill and send it back to the Senate for passage. Should the bill pass both Chambers, it will be sent to the president for his signature before it will go into effect.