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, help@szetolaw.com http://www.1visa1.com/

Wednesday, September 23, 2026

China Implements New Exit-and-Entry Regulations

China’s new Provisions on Exit and Entry Administration (《国务院关于出境入境管理的规定》) took effect on September 15, 2026. The measure was issued through State Council Order No. 841 and supplements China’s existing Exit and Entry Administration Law.

The new regulation addresses Chinese citizens’ overseas travel, grounds for restricting departure, the verification of exit and entry applications, and the regulation of immigration-service providers. It also contains provisions governing foreign nationals seeking to enter China.

Overseas Travel Risk Prevention

The regulation's stated purpose is to protect Chinese citizens from security risks abroad, such as wars, armed conflicts, public-security conditions, natural disasters, accidents, infectious diseases, and other overseas risks.  Chinese citizens are expected to review these warnings and avoid traveling to or remaining in high-risk countries and regions.

When processing travel documents or conducting border inspections, immigration authorities may remind citizens to exercise caution when traveling to high-risk destinations. If a person intends to visit a location carrying the highest risk designation, or one experiencing frequent incidents that seriously threaten personal safety, authorities may attempt to dissuade the person from traveling.

Verification of Travel Purposes

Persons applying for exit-entry documents, visas, or permission to stay or reside must provide a truthful and lawful reason for the application. Immigration and visa authorities may question applicants and request documents, records, electronic data, or other information to verify their identities and stated purposes.

Individuals and organizations issuing invitation letters or supporting documents must also ensure that the information is accurate and cooperate with government verification.

Authorities may refuse to issue an exit-entry document or prevent departure or entry if an applicant submits false materials or makes false statements.

New Grounds for Exit Restrictions

The regulation identifies several circumstances in which a Chinese citizen may be prohibited from leaving China.

  • First, a citizen who received administrative detention for fraudulently obtaining an exit-entry document or unlawfully entering or leaving the country may be prohibited from departing for six months to three years after completing the punishment.
  • Second, a citizen who engaged in unlawful or criminal activity abroad that endangered China’s national security or interests may, upon returning to China, be prohibited from leaving again for six months to three years. The decision may be made by a competent State Council department or, following verification through a Chinese diplomatic mission or another authority, by the provincial government where the individual resides.
  • Third, if a citizen violates export-control or technology import-and-export requirements in circumstances that may endanger China’s industrial or technological security, the Ministry of Commerce or another competent State Council department may prohibit the person from leaving China. The regulation does not specify a fixed maximum period for this category.

Notice of an Exit Ban

An agency imposing an exit restriction generally must provide the affected individual with written notice explaining the facts, reasons, legal authority, and available remedies.

Notice may be withheld, however, when disclosure could affect national security or a criminal investigation. When immigration authorities enforce an exit restriction, they must inform the person in accordance with the instructions received from the agency that issued the decision.

Regulation of Immigration-Service Providers

The regulation also establishes a registration system for organizations and personnel providing immigration-related consultation, document preparation, application assistance, or similar services.

Covered organizations must register with the local immigration authority, maintain appropriate personnel, facilities, funding, records, data-security controls, and compliance procedures. Organizations already operating when the regulation took effect generally have 90 days to complete registration.

Service providers may not publish false information, use misleading advertising, assist with fraudulent applications, improperly disclose personal information, operate beyond their registered scope, or facilitate cross-border criminal activity.

The regulation further prohibits overseas entities from directly providing these services within China. Foreign-invested enterprises and enterprises funded by investors from Hong Kong, Macao, or Taiwan may provide such services if they are lawfully established in China and comply with the applicable requirements.

The new provisions do not create a general advance-permission requirement for all Chinese citizens traveling abroad. Instead, they establish additional verification procedures, specified grounds for exit restrictions, overseas-risk prevention measures, and a regulatory framework for immigration-service providers.


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


Wednesday, September 16, 2026

Wrongful Voter Registration and Illegal Voting: Serious Immigration Consequences

 As the 2026 election season approaches, immigrants—particularly lawful permanent residents and other non-U.S. citizens—should pay careful attention to voter registration and voting. A mistake in this area can have consequences far beyond the ballot box.

The basic rule is straightforward: non-U.S. citizens generally may not vote in federal elections, and New Jersey and New York currently require U.S. citizenship to vote in their elections. But the legal issues become more complicated when a noncitizen is mistakenly registered through a motor vehicle transaction, signs a voter-registration form without fully understanding it, receives election materials in the mail, or actually casts a ballot.

Depending on what occurred, the consequences can affect immigrants' ability to apply for a green card or naturalization—and in some circumstances may lead to criminal prosecution.

Registration, Citizenship Claims, and Voting Are Separate Issues

First, it is unlawful for a noncitizen to knowingly register to vote, even if they never cast a ballot. A person's name may appear in a voter database because the individual submitted an application, information was transmitted through a government agency, a third party submitted it, or a government computer error occurred. 

Second, falsely claiming to be a U.S. citizen is also illegal. Voter-registration processes commonly contain citizenship questions and certifications. Checking the wrong box can have serious consequences, including permanent bar to any immigration benefits.

Third, did the person actually vote?  A noncitizen who has actually voted in violation of a federal, state, or local law is generally inadmissible, deportable, and also subject to criminal prosecution. 

What Should Someone Affected by the NJ MVC Error Do?

Between June 2023 and June 2024, a New Jersey Motor Vehicle Commission software error caused approximately 6,600 individuals who had indicated they were not U.S. citizens to nevertheless have their information transmitted for voter registration. Most affected registrations had been deleted or rejected for further review, although several hundred affected individuals had voted. 

The MVC states that affected individuals may request a personalized letter bearing their name, address, and MVC seal/signature confirming that they were affected by the software error.

New Jersey also advises a noncitizen who believes that he or she was mistakenly registered to contact the Division of Elections or appropriate county Commissioner of Registration to request removal from the voter rolls.

Before submitting an immigration application (e.g., adjustment of status, naturalization), an applicant  should first seek advice from an immigration lawyer. 

Election-Season Precautions for Noncitizens

Non-U.S. citizens should keep several basic precautions in mind:

  • Do not register to vote merely because someone offers you a registration form or says you are eligible.

  • Carefully read citizenship questions on DMV and other government forms before signing or electronically certifying them.

  • Never state that you are a U.S. citizen unless you actually are one.

  • Do not vote merely because you receive a ballot, voter card, or other election material.

  • If you discover that you are registered to vote or actually voted in an election, obtain the underlying records and determine how it occurred.  See legal advice immediately.

The Bottom Line

For immigrants, a voter-registration issue can range from a government database error to a serious immigration or criminal matter. The difference depends on the facts.

During election season, noncitizens should therefore exercise particular care: understand what you are signing, do not register or vote simply because someone tells you that you may, and obtain qualified legal advice when there is uncertainty about a past registration, citizenship representation, or vote.


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


Wednesday, September 9, 2026

New F/J Visa Rules Take Effect Sept. 15; Last Chance for Graduate Students to Transfer Schools or Majors

New F/J Visa Regulations Effective Next Week

The new student visa regulation that previously sparked widespread discussion among international students will officially take effect next Tuesday, September 15. The most significant change is the elimination of the "Duration of Status" (D/S) policy for F, J, and certain I-class visa holders, replacing it with a fixed duration of stay. Once the rules are in effect, newly arriving students will receive an I-94 record with a specific expiration date ("Admit Until Date"). Students must carefully verify their passports, F-1 visas, I-20 forms, and I-94 records, and double-check their status expiration dates before every entry into or departure from the U.S.

Additionally, the new regulations impose strict limits on transferring schools or changing fields of study/majors. This is particularly relevant for graduate students; once the rules are implemented, students generally cannot alter their initially declared educational objectives or arbitrarily switch majors or schools during their course of study. Furthermore, as a general rule, international students are restricted to pursuing degrees at a higher educational level; they may not "step down" to repeat a degree level or pursue a second master's degree after completing one.

Although the implementation date is only a week away, international students intending to pursue further studies in the U.S. or adjust their academic plans should seize this final window of opportunity. If you are currently planning to enroll, transfer schools, change majors, or apply for a second master's degree, you must take immediate action. Maintain close contact with your school's International Student Office (DSO) and make every effort to complete the necessary procedures before the new regulations officially take effect on September 15.


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

Tuesday, September 1, 2026

September 2026 Visa Bulletin: EB Visa Numbers May Hit Limits

 


The vast majority of the dates remain unchanged in the September Visa Bulletin. According to the State Department, some employment-based categories may reach their annual visa numerical limits before September ends.  

However, due to previous travel bans and visa issuance pauses for certain countries, a significant number of immigrant visas may have remained unused by overseas consulates. Since the current fiscal year is coming to a close, if the family-based visa numbers do not get exhausted by the end of the month, they will overflow to employment-based cases starting in October (the first month of fiscal year 2027), which likely will bring some advancements to October cut-off dates.

We will keep an eye on the upcoming Visa Bulletin to see how the numbers land. In the meantime, potential applicants should prepare ahead and engage an experienced immigration professional to ensure they are fully positioned to file for Adjustment of Status the moment their priority date becomes current.


AD: Dates for Final Action (Green Card Approval)  

FD: Dates for Filing Applications Only

Family-Based

All Others

China

India

Mexico

Philippines

F1

A:01/22/20

F:02/01/20

A:01/22/20

F: 02/01/20

A:01/22/20

F:02/01/20

A:01/01/08

F:12/01/08

A: 05/01/13

F: 04/22/15

F2A

A:08/22/26

F: Current

A: 8/22/26

F: Current

A:08/22/26

F: Current

A:08/22/25

F: Current

A: 08/22/26

F: Current

F2B

A:08/22/19

F:09/01/19

A:08/22/19

F:09/01/19

A:08/22/19

F:09/01/19

A: 02/15/09

F: 05/15/10

A: 06/01/13

F: 10/01/13

F3

A: 10/22/14

F: 11/01/14

A: 10/22/14

F: 11/01/14

A: 10/22/14

F: 11/01/14

A: 07/01/01

F: 07/15/01

A: 02/22/06

F: 08/08/06

F4

A: 10/22/11

F: 11/01/11

A: 10/22/11

F: 11/01/11

A: 11/01/06

F: 12/15/06

A: 04/08/01

F: 04/30/01

A: 08/22/07

F: 03/22/08


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

All Others

China

India

Mexico

Philippines

EB-1

A: Current

F: Current

A: 07/01/23

F: 12/01/23

A: 10/15/22

F: 12/01/23

A: Current

F: Current

A: Current

F: Current

EB-2

A: Current

F: Current

A: 09/01/21

F: 01/01/22

A: Unavailable

F: 01/15/15

A: Current

F: Current

A: Current

F: Current

EB-3

A: 09/01/24

F: Current

A: 01/01/22

F: 01/08/22

A: 01/01/14

F: 01/15/15

A: 09/01/24

F: Current

A: 08/01/23

F: 01/01/24

Other Workers

A: 04/01/22

F: 08/01/22

A: 05/01/19

F: 10/01/19

A: 01/01/14

F: 01/15/15

A: 04/01/22

F: 08/01/22

A: 12/01/21

F: 08/01/22

EB-4

A: 12/15/22

F: 01/01/23

A: 12/15/22

F: 01/01/23

A: 12/15/22

F: 01/01/23

A: 12/15/22

F: 01/01/23

A: 12/15/22

F: 01/01/23

EB-5

A: Current

F: Current

A: 12/01/16

F: 03/01/17

A: Unavailable

F: 05/01/24

A: Current

F: Current

A: Current

F: Current


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.

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



Wednesday, August 26, 2026

Trump Administration Introduced new $103,265 H-1B Fee and Plans Revocation of B1/B2 Visas for Asylum Seekers

In a dual effort to further tighten immigration pathways, the Trump administration has proposed a regulation mandating a $103,265 fee for H-1B visas, while simultaneously preparing for a massive visa revocation initiative targeting asylum seekers.


A Revived and Expanded H-1B Fee


On August 24, 2026, the Department of Homeland Security (DHS) proposed a new regulation that would increase the cost of obtaining an H-1B visa by imposing a $103,265 fee.

This action follows severe legal setbacks for the administration's initial attempt to price-out tech and research employers. In September 2025, an executive order imposed a $100,000 fee on H-1B petitions requiring consular processing. However, on June 8, 2026, a federal judge in Massachusetts ruled the fee to be an unlawful tax imposed without Congressional authorization. In July 2026, an appeals court formally denied the federal government's request to resume collecting the fee while their appeal proceeds.

In response, the newly drafted DHS regulation not only brings the fee back at a higher rate but drastically expands its scope. Under the new proposal, the $103,265 fee would apply to all H-1B workers subject to the annual statutory cap—including those with master's degrees and those already in the U.S. who were selected in the visa lottery.

The Administration explained that the additional fees will be used to cover costs for processing immigration applications and funding the EOIR (Immigration Courts), the law enforcement work of ICE and CBP, overseas consulates' operations, etc.  The question is whether it is fair for the U.S. employers of technical workers to pay for these unrelated operations and programs. Currently, employers are already paying extra fees for anti-fraud operations, retraining and reeducation of American workers, and also the Asylum Program.

The proposal initiates a 30-day public comment period and is widely expected to face immediate litigation from business groups and other affected parties, who argue the program is critical for recruiting top global talent.

Mass Revocation of B1 and B2 Visas


Separately, the administration is preparing to cancel the business (B1) and tourism (B2) visas of up to 200,000 foreigners who have applied for or are currently seeking asylum in the United States.    The effort targets visas issued between 2016 and 2026.  According to the State Department, the initiative targets "bogus" asylum claims. There are more than 3 million asylum applications pending in the United States now.

The revocations will be done on a rolling basis.  Hence, holders of B1/B2 visas may not receive any notifications immediately.  The administration noted that stripping individuals of their B1/B2 statuses will not automatically trigger immediate deportations. .  Instead, most individuals with pending asylum cases will be losing their tourist or business status while their asylum claims proceed.  They are only authorized to stay while their asylum claim is pending. If their asylum application is rejected, they are subject to deportation.