Frank Alvarado

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. Congress Ends DHS Shutdown, Funding Gaps Remain Congress has passed, and the President has signed legislation restoring funding to most Department of Homeland Security (DHS) operations, officially ending a 76–day shutdown that began in mid–February 2026. The Department confirmed that core functions have resumed following the lapse, which had disrupted administrative operations across multiple agencies. The funding bill restores operations for most DHS components, but notably excludes Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP). Lawmakers are expected to address funding for these agencies separately through ongoing budget negotiations. During the shutdown, many immigration–related services continued at limited capacity, particularly those funded by application fees such as U.S. Citizenship and Immigration Services (USCIS). However, broader operational slowdowns and uncertainty affected processing timelines, staffing, and interagency coordination. Impact: While the shutdown has ended, unresolved funding for key enforcement agencies may continue to create uncertainty. Employers and applicants should expect potential delays as agencies stabilize operations and address backlogs. USCIS Allows Doctors from Restricted Countries to Remain in U.S. U.S. Citizenship and Immigration Services […]

The U.S. Department of State’s June 2026 Visa Bulletin delivers a significant setback for Indian employment-based applicants, with steep retrogressions in both the EB-1 and EB-2 categories as immigrant visa demand continues to surge. What Employers and Foreign Nationals Should Know India EB-1 and EB-2 Face Severe Backlogs The June Visa Bulletin reflects continued heavy demand in the India EB-1 and EB-2 categories. The sharp retrogression in EB-2 India—moving backward nearly a year—will impact thousands of adjustment applicants and may delay final green card approval for many already in the pipeline. The retrogression in EB-1 India is also notable, particularly given the category’s historically faster movement and increased use. The State Department specifically cautioned that these categories could retrogress further or become unavailable before the end of the fiscal year. EB-3 Continues Incremental Movement While EB-2 India retrogressed sharply, EB-3 India moved forward modestly to December 15, 2013, continuing the trend of narrower gaps between the two categories. For some applicants, interfiling or downgrading strategies may again warrant review depending on priority date and case posture. EB-5 Remains One of the Few “Current” Options The EB-5 set-aside categories—Rural, High Unemployment Area, and Infrastructure—remain current for all countries, including India and […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. DHS Advances Rule to End Duration of Status for Students and Exchange Visitors The Department of Homeland Security has submitted a final rule for federal review that could significantly change how international students, exchange visitors, and foreign media representatives maintain status in the United States. The proposal would replace the longstanding “duration of status” framework with fixed periods of admission for F, J, and I nonimmigrants. Currently, individuals in these categories are generally admitted for the length of their program or activity. Under the proposed rule, they would instead receive a specific end date on their admission and would need to file extension applications with U.S. Citizenship and Immigration Services if additional time is required. The rule is now under review by the Office of Management and Budget, which is typically the final step before publication in the Federal Register. If finalized, it is expected to take effect within 30 to 60 days after publication. In addition to fixed admission periods, the proposal would introduce several key changes: These changes would align F, J, and […]

U.S. Citizenship and Immigration Services (USCIS) appears to be significantly increasing national security-related scrutiny of EB-5 immigrant investor petitions filed by individuals employed by, affiliated with, or previously connected to certain Chinese technology companies. Recent cases suggest that USCIS is no longer limiting its review to traditional source-of-funds or immigration eligibility issues. Instead, adjudicators are increasingly examining whether an applicant’s employment history, corporate affiliations, or industry sector may raise broader national security or foreign influence concerns. A Closer Look In recent months, practitioners have seen increased scrutiny involving individuals connected to companies and universities such as: Recent USCIS Notices of Intent to Deny (NOIDs) and denials have cited broader U.S. government concerns involving national security, cybersecurity, data privacy, surveillance capabilities, and perceived ties between certain technology companies and the Chinese government. Importantly, many of these cases do not primarily involve concerns over lawful source of funds or traditional EB-5 eligibility requirements. Rather, the scrutiny appears tied to the applicant’s employment background, industry sector, or perceived geopolitical risk profile. These developments reflect a broader trend toward heightened vetting of Chinese nationals in sensitive technology sectors, particularly in cases involving cybersecurity, telecommunications, artificial intelligence, data platforms, surveillance technology, semiconductors, and companies perceived to have […]

Everything Investors Need to Know About EB-5, Concurrent Filing, Backlogs, Source of Funds, and Project Selection The EB-5 landscape has changed dramatically over the last few years. With concurrent filing, reserved visa categories, retrogression concerns, and increased demand from Indian and Chinese nationals, investors are asking more sophisticated questions than ever before. Below are the 25 most common EB-5 questions we hear from investors considering the program in 2026. Jump to question: 1. What is the EB-5 program? The EB-5 Immigrant Investor Program allows foreign nationals to obtain U.S. permanent residency by making a qualifying investment in a U.S. business that creates jobs. Most investors today invest through a Regional Center project. The standard minimum investment amount is: The key EB-5 requirement is job creation. Back to Top 2. What is concurrent filing in EB-5? Concurrent filing allows eligible investors already inside the United States to file: …all at the same time. This is one of the biggest advantages created by the EB-5 Reform and Integrity Act (RIA) but is only available to those in the United States, while a visa is available. Back to Top 3. What are the benefits of concurrent filing? Concurrent filing can provide: For many […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. CDC Temporarily Suspends Entry for Certain Travelers Due to Ebola Concerns The Centers for Disease Control and Prevention (CDC) has issued a temporary order suspending entry into the United States for certain foreign nationals who were recently present in the Democratic Republic of the Congo, Uganda, or South Sudan. The measure follows concerns tied to the ongoing Ebola outbreak in parts of Africa and is currently set to remain in effect for 30 days. Under the order, foreign nationals who have been physically present in any of the three countries within the previous 21 days are generally barred from entering the United States, regardless of nationality or point of departure. The restriction was issued under federal public health authorities that permit temporary entry suspensions when a communicable disease is determined to pose a serious risk to U.S. public health. Several categories of individuals are exempt from the order, including: The CDC indicated that the restriction is intended as a short-term measure while federal agencies continue monitoring the outbreak and assessing containment efforts. Additional guidance or […]

The U.S. Department of State has confirmed that the EB-2 India immigrant visa category has reached its annual fiscal year 2026 limit and is now unavailable through September 30, 2026. For Indian nationals and employers sponsoring highly skilled workers, this development underscores a growing reality: because “Rest of World” (ROW) demand is now consuming virtually all available employment-based immigrant visa numbers, India EB-2 and EB-3 applicants are expected to receive very limited visa availability in the coming fiscal year as well. Key Takeaways Why This Matters Historically, Indian nationals benefited when unused immigrant visa numbers from other countries “fell down” into oversubscribed categories such as EB-2 India and EB-3 India. That dynamic has now changed dramatically. In recent years, global employment-based demand has surged. Countries that previously underutilized immigrant visa numbers are now using their full allocations. As a result, there are far fewer unused visa numbers available to redistribute to India and China. The practical consequence is significant: USCIS May Continue Accepting Adjustment Filings Even though EB-2 India is unavailable for final approval purposes, USCIS may still permit adjustment of status filings if the applicable filing chart remains current. This distinction is important. Filing adjustment applications can still provide […]

Recent USCIS guidance and public statements suggest that USCIS will begin applying a much stricter discretionary framework to Form I-485 adjustment of status applications, including employment-based cases such as EB-5. At this point, there is significant uncertainty regarding how broadly this policy will be implemented in practice, whether it will survive legal challenge, and how aggressively USCIS officers will apply it in individual cases. That said, EB-5 investors should understand the potential risks now rather than after a problem arises. Most importantly, the new policy memorandum characterizes adjustment of status in the United States as “an extraordinary relief” that permits applicants to obtain their green cards in the United States, rather than going through the “normal” process of applying for their green cards at a U.S. Consular Post abroad. This is not factually accurate, nor in accordance with the plain language in the Immigration and Nationality Act at 8 U.S.C. 1255, as amended by Congress, time and time again, USCIS’ own regulations, the entirety of Volume 7 of its Policy Manual, and long-standing case law by federal courts and the Board of Immigration of Appeals. Historically, eligibility for the benefit sought has been viewed as a positive factor, and USCIS […]

Our March global immigration recap includes the latest on the EU’s implementation of the digital Entry/Exit System (EES), the United Kingdom’s updated guidance for sponsors of foreign workers, Australia’s skilled visa nomination income thresholds, Singapore’s new AI & Tech ONE Pass, and more.

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. EB-2 India Category Unavailable Through End of Fiscal Year 2026 The U.S. Department of State has confirmed that the annual immigrant visa limit for the EB-2 India category has been reached for fiscal year 2026. As a result, the category is now unavailable and will remain closed through September 30, 2026, the end of the current federal government’s fiscal year. This means that U.S. embassies and consulates can no longer issue immigrant visas in the EB-2 India category, and U.S. Citizenship and Immigration Services cannot approve adjustment of status applications requiring an EB-2 India visa number until the new fiscal year begins on October 1, 2026. Although approvals are paused, USCIS is still expected to continue accepting adjustment of status filings for applicants whose priority dates remain current under the applicable Visa Bulletin charts, consistent with prior practice during visa number exhaustion periods. The development follows earlier warnings from the State Department that increased demand across several employment-based categories could result in annual visa limits being reached before the close of the fiscal year. The […]