A blog about U.S. immigration matters by Paul Szeto, a former INS attorney and an experienced immigration lawyer. We serve clients in all U.S. states and overseas countries. (All information is not legal advice and is subject to change without prior notice.)

Contact: 732-632-9888, http://www.1visa1.com/

Wednesday, January 14, 2026

Urgent Update: U.S. State Department Suspends Immigrant Visa Processing for 75 Countries


January 14, 2026

In a significant and sweeping shift in U.S. immigration policy, the Department of State announced today that it will indefinitely suspend the processing of immigrant visas for citizens of 75 countries.

The suspension, which is set to take effect on January 21, 2026, represents one of the most substantial restrictions on legal immigration in recent history. At Law Office of Paul Szeto, we understand how distressing this news is for families waiting to be reunited and for professionals planning their futures in the United States.

Below is a breakdown of what we know so far and what this means for you.

Why Is This Happening?

According to the official statement from the State Department, led by Secretary of State Marco Rubio, the pause is intended to allow for a comprehensive reassessment of screening and vetting procedures.

The administration has cited concerns regarding the "Public Charge" rule, suggesting that the suspension is necessary to prevent the entry of foreign nationals who may require public assistance or "welfare benefits" upon arrival. This move follows a directive issued in November 2025 that tightened scrutiny over an applicant’s age, health, financial status, and English proficiency.

Who Is Affected?

While the State Department has not yet released the final, formal list of all 75 nations to the public, internal memos and news reports have identified a wide range of affected countries across Africa, Asia, the Middle East, and South America.

Countries reportedly on the list include, but are not limited to:

  • Middle East/Asia: Afghanistan, Iran, Iraq, Pakistan, Thailand, Yemen, Syria, and Lebanon.

  • Europe: Russia, Belarus, Albania, and Bosnia.

  • Africa: Somalia, Nigeria, Egypt, Ethiopia, Ghana, and Senegal.

  • Americas: Brazil, Colombia, Guatemala, Haiti, and Jamaica.

A complete listing of the 75 countries as reported by the media are listed at the end. 

Important Note: This suspension currently applies only to Immigrant Visas (those seeking permanent residency/Green Cards). Non-immigrant visas—such as temporary tourist (B1/B2), student (F-1), or business visas—are reportedly not included in this specific suspension at this time. 

Generally, those who already have a valid, issued visa in their physical possession are not expected to be affected by the processing pause, though they may face heightened scrutiny at Ports of Entry.

What Should You Do Now?

If you or a family member are currently in the process of applying for an immigrant visa from one of the affected countries, here are our recommendations:

  1. Do Not Panic, But Act Quickly: If you have an interview scheduled before January 21, ensure you attend and have all documentation (especially financial sponsorship forms like the I-864) perfectly organized.

  2. Review Financial Sponsorship: Given the focus on "public charge" concerns, ensure your petitioners meet and exceed the income requirements.

  3. Consult with Legal Counsel: The landscape is changing daily. A "pause" in processing does not necessarily mean your case is canceled, but it may require a strategic shift in how we approach your filing or look for potential exceptions (such as those for religious minorities or specific humanitarian cases).

How We Can Help

Our office is monitorng the situation in Washington D.C. and at consulates worldwide in real-time. We are prepared to help our clients navigate these new hurdles, from filing for "National Interest" exceptions to ensuring that every application is "public charge" proof.


The 75 countries affeced, as reported by the media, are: 

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Congo, Cuba, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Ivory Coast, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan and Yemen.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

February 2026 Visa Bulletin: EB-3 Priority Dates Advance

   



In February, the cut-off dates for most countries remain the same for both family-based and employment-based categories. There is mild advancement for Mexico F1 and F2B, as well as worldwide EB-3, except for China and India. 


USCIS will continue to accept I-485 Adjustment of Status (green card) applications for both family-sponsored and employment-based categories based on the Dates for Filing chart. Applicants who are eligible to file may begin preparing for the filings when February comes. 


AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based 

Other Countries

China

India

Mexico

Philippines

F1

AD

11/08/2016

11/08/2016

11/08/2016

12/22/2006

03/01/2013

FD

09/01/2017

09/01/2017

09/01/2017

12/01/2007

04/22/2015

F2A

AD

02/01/2024

02/01/2024

02/01/2024

02/01/2023

02/01/2024

FD

01/22/2026

01/22/2026

01/22/2026

01/22/2026

01/22/2026

F2B

AD

12/01/2016

12/01/2016

12/01/2016

02/15/2009

 12/22/2012

FD

03/15/2017

03/15/2017

03/15/2017

02/15/2010

10/01/2013

F3

AD

 09/08/2011

09/08/2011

09/08/2011

05/01/2001

03/01/2005

FD

07/22/2012

07/22/2012

07/22/2012

07/01/2001

02/01/2006

F4

AD

01/08/2008

01/08/2008

11/01/2006

04/08/2001

07/22/2006

FD

03/01/2009

03/01/2009

12/15/2006

04/30/2001

01/15/2008


1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)


Employment-based

Other Countries

China

India

Mexico

Philippines

EB-1

AD

C

02/01/2023

 02/01/2023

C

C

FD

C

08/01/2023

08/01/2023

C

C

第二優先

AD

04/01/2024

09/01/2021

07/15/2013

04/01/2024

04/01/2024

FD

10/15/2024

01/01/2022

12/01/2013

10/15/2024

10/15/2024

第三優先

AD

06/01/2023

05/01/2021

11/15/2013

06/01/2023

06/01/2023

FD

10/01/2023

01/01/2022

08/15/2014

10/01/2023

10/01/2023

其他工人

AD

09/01/2021

12/08/2018

11/15/2013

09/01/2021

09/01/2021

FD

12/01/2021

10/01/2019

08/15/2014

12/01/2021

12/01/2021

第四優先*

AD

01/01/2021

01/01/2021

01/01/2021

01/01/2021

01/01/2021

FD

03/15/2021

03/15/2021

03/15/2021

  03/15/2021

03/15/2021

第五優先*

AD

C

08/15/2016

05/01/2022

C

C

FD

C

08/22/2016

05/01/2024

C

C

1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others) *Visa numbers for certain religious workers is "Unavailable"
5th: Employment Creation (Investors)
*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.


Tuesday, January 6, 2026

Applicants May No Longer Request for SSN in I-765

 

In the most recent edition of Form I-765, dated 08/21/2025 (released on 01/05/2026) application for employment authorization document (EAD), USCIS removes the questions regarding request for a U.S. Social Security Number (SSN) on the form.   In effect, EAD applicants may no longer request a SSN when applying for an EAD.  Reportedly, even before this announcement, the Social Security Administration has already stopped issuing SSN since spring 2025. 

Instead, EAD applicants must appear in person at a local Social Security Administration office to apply for a Social Security Number/Card.


(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

H-1B Lottery - Weighted Selection Process

 



The Department of Homeland Security (DHS) published a final rule in the Federal Register on December 29, 2025, which fundamentally changes the H-1B selection process. This rule replaces the traditional random lottery with a "weighted selection process" that prioritizes higher-paid and higher-skilled workers.

The new system is scheduled to take effect on February 27, 2026, meaning it will apply to the FY 2027 cap season (registration typically occurring in March 2026).

The Change: From Random to Weighted

Instead of every registration having an equal chance, the odds of being selected will now depend on the Department of Labor (DOL) Wage Level associated with the job offer.
The lottery pool will assign "entries" to each beneficiary based on their offered salary relative to the Occupational Employment and Wage Statistics (OEWS) data:

  • Wage Level IV (Highest): 4 entries in the pool.
  • Wage Level III: 3 entries in the pool.
  • Wage Level II: 2 entries in the pool.
  • Wage Level I (Entry): 1 entry in the pool.

A Level IV applicant is statistically four times more likely to be selected than a Level I applicant.  For beneficiaries with multiple intended work locations, the employer must determine the wage level (I through IV) for the offered salary at each location. The lottery weighting will then be based on the lowest of those levels. It is important to note that this wage can be different from the LCA wage.

Impact on Master Cap

One critical change is that the 20,000 additional slots for U.S. advanced degree holders will now also follow the weighting system. Historically, advanced degree holders were entered twice: once in the regular cap and once in the master's cap. Now, their "weight" is applied to both pools.  For example, if a Master's degree holder is offered a Level III wage, they are entered into the Regular Cap (65,000) with 3 entries; if not selected, they are enterted into the Master's Cap (20,000) with 3 entries. 

Safeguards Against "Gaming"

To prevent employers from artificially inflating wage levels just to win the lottery, the rule includes several strict provisions:

  • Continuation of "Beneficiary-Centric" Selection:  Each person is entered into the selection process only once, regardless of how many employers submit a registration for them. 
  • Registration Data Requirements: Employers must now provide the specific SOC code (job category), the OEWS wage level, and the precise area of employment at the registration stage.
  • Post-Selection Verification: If selected, the employer must submit evidence that the wage level indicated during registration is bona fide. USCIS has the discretion to deny or revoke petitions if they find inconsistencies or attempts to manipulate the odds.

Early Preparation is the Key

The new weighted selection process means employers must be more vigilant in preparing for the H-1B lottery. It is critical to evaluate cases with immigration counsel early, focusing on the following:

  • Formally determine the SOC code and wage level before March registration based on the exact work location(s), as these will be locked into the USCIS system and must match the subsequent petition exactly to avoid denial.
  • Maintain contemporaneous proof of prevailing wage data and job descriptions used to justify the selected level.
  • Ensure the beneficiary maintains valid status to remain eligible for Change of Status (COS). If the petition must be filed for Consular Notification due to a status gap, the $100,000 supplemental fee will be triggered.
  • Be ready to explain any subsequent changes in salary, work location, job titles, etc., to avoid allegations of fraud.
  • Audit the current pay scale of employees in the same occupation category to avoid potential pay equity issues.
(Immigration laws and policies change regularly.  If you have any questions regarding this article, please visit www.1visa1.com to schedule a legal consultation.)  

Monday, December 22, 2025

The Trump Gold Card Program - Ins and Outs

 




President Trump formally instituted the Trump Gold Card Program through the Executive Order 14351 in September 2025. This program offers a potentially fast-track route to U.S. permanent residency for foreign nationals.  Marketed as a "merit-based" overhaul, the program seeks to replace traditional, achievement-heavy evidentiary standards for the EB-1A (Extraordinary Ability) and EB-2 NIW (National Interest Waiver) categories with a direct financial contribution to the U.S. Treasury.  

The Cost of Entry: A Story of Two Cards

Under the new Gold Card Program, the path to residency is no longer based on outstanding achievements such as peer-reviewed articles or international awards, but with what the administration calls "unrestricted gifts" to the nation.

The Gold Card: Individual and Corporate Paths

An individual looking to secure a Green Card through the Gold Card program must first pay a non-refundable $15,000 processing and vetting fee just to open the door. Once the initial background check is cleared, the applicant is required to make a one-time, irrevocable gift of $1 million. If you are bringing a family, the math becomes aggressive: each dependent (spouse or child) requires their own $1 million gift and $15,000 fee.

For businesses, the Corporate Gold Card allows an employer to sponsor a key executive for a $2 million gift. A unique feature of the corporate version is "transferability"—if the original employee leaves the company, the corporation can potentially transfer the sponsorship slot to a new hire, though the new individual must still pass a separate $15,000 vetting process.

The Platinum Card: Coming Soon

The administration has also proposed the Platinum Card, designed for the ultra-wealthy who desire access to the U.S. without the full burden of its global tax system. For a $5 million contribution, participants are promised the right to reside in the U.S. for up to 270 days per year. 

The "crown jewel" of the Platinum Card is a proposed exemption from U.S. taxes on non-U.S. income. Traditionally, a Green Card holder is taxed on their worldwide income regardless of where they live. The Platinum Card proposes to allow participants extended stays without triggering the "Substantial Presence Test" that usually intertwines global assets in the U.S. tax net.


Legal and Procedural Issues

Despite the glossy rollout at TrumpCard.gov, the program's legal validity is still murky.  

Seperation of Power: The primary legal concern is whether the Executive Branch has the authority to effectively "sell" merit-based visas. The Immigration and Nationality Act (INA) defines EB-1A and EB-2 NIW based on specific criteria like "sustained national or international acclaim" or "national interest."  Can the Executive Branch rewrite the law - a power reserved for Congress - by treating million dollar gifts as a substitute for professional achievement?  The tax benefits proposed by the Platinum Card will also require changes in the Tax Code by Congress.

Litigation Risks: The Gold Card program may also be challenged in court by EB1A and EB-2 NIW applicants who cannot afford to pay the substantial fees.  Other affected parties, such as EB-5 program applicants, may also file lawsuits against the program.  If so, the pending cases could be frozen.  

Financial Risks:  Unlike the EB-5 program, where capital is "at risk" but theoretically returnable, the Gold Card requires an irrevocable gift and fees are likely non-refundable regardless of the outcome of the case.

Participate Now or Wait-and-See?

If you only have a "marginal" profile who might not otherwise win an EB-1A case, and you have $1 million in "disposable" capital that you are willing to lose in exchange for a chance at immediate processing, the Gold Card could be your solution. 

Whether one wants to participate in the Gold Card program now or later is an individual decision. Applicants should understand that the Gold Card does not create new visas; it uses the existing 140,000 annual employment-based quota. If there is a high volume of Gold Card approvals, it could worsen retrogression (backlogs) for traditional merit-based applicants, particularly for those from high-demand countries like India and China.

January 2026 Visa Bulletin: EB Priority Dates Advance



In the January 2026 Visa Bulletin, the employment-based priority dates advance for all countries across all preferences. In particular, India EB-1 advances by nearly a year.  

USCIS will accept I-485 adjustment of status (green card) applications based on the Dates of Filing chart for both family-based and employment-based categories in January 2026.

AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-based

Other Countries

China

India

Mexico

Philippines

F1

AD

11/08/2016

11/08/2016

11/08/2016

09/01/2006

03/01/2013

FD

09/01/2017

09/01/2017

09/01/2017

09/01/2007

04/22/2015

F2A

AD

02/01/2024

02/01/2024

02/01/2024

02/01/2023

02/01/2024

FD

10/22/2025

10/22/2025

10/22/2025

10/22/2025

10/22/2025

F2B

AD

12/01/2016

12/01/2016

12/01/2016

11/15/2008

 12/22/2012

FD

03/15/2017

03/15/2017

03/15/2017

11/15/2009

10/01/2013

F3

AD

 09/08/2011

09/08/2011

09/08/2011

05/01/2001

03/01/2005

FD

07/22/2012

07/22/2012

07/22/2012

07/01/2001

02/01/2006

F4

AD

01/08/2008

01/08/2008

11/01/2006

04/08/2001

07/22/2006

FD

03/01/2009

03/01/2009

12/15/2006

04/30/2001

01/15/2008


1st: Unmarried Sons and Daughters of Citizens (about 23,400 per year).
2A: The 2 “A” preference is for Spouses and Children (under 21 & unmarried) of LPR's.
2B: The 2 “B” Preference is for Unmarried Sons and Daughters (21 or older) of LPR's.
3rd: Married Sons and Daughters of Citizens (about 23,400 per year)
4th: Brothers and Sisters of Adult Citizens. (about 65,000 per year)


Employment-based 

Other Countries

China

India

Mexico

Philippines

EB-1

AD

C

02/01/2023

 02/01/2023

C

C

FD

C

08/01/2023

08/01/2023

C

C

EB-2

AD

04/01/2024

09/01/2021

07/15/2013

04/01/2024

04/01/2024

FD

10/15/2024

01/01/2022

12/01/2013

10/15/2024

10/15/2024

EB-3

AD

04/22/2023

05/01/2021

11/15/2013

04/22/2023

04/22/2023

FD

07/01/2023

01/01/2022

08/15/2014

07/01/2023

07/01/2023

Other Workers

AD

09/01/2021

12/08/2018

11/15/2013

09/01/2021

09/01/2021

FD

12/01/2021

10/01/2019

08/15/2014

12/01/2021

12/01/2021

EB-4

AD

01/01/2021

01/01/2021

01/01/2021

01/01/2021

01/01/2021

FD

03/15/2021

03/15/2021

03/15/2021

  03/15/2021

03/15/2021

EB-5

AD

C

08/15/2016

05/01/2022

C

C

FD

C

08/22/2016

05/01/2024

C

C


1st: Priority Workers (Extraordinary ability aliens, multinational companies' executives/managers, outstanding prof./researchers)
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Unskilled.)
4th: “Special Immigrants” (Religious & others)
5th: Employment Creation (Investors)
*China and India EB-5 visa numbers for rural, high unemployment & infrastructure areas/projects are current.