Policy Updates

Visa Bulletin Update: EB-1 (2026-03)

The Department of State updated EB-1 Final Action Dates in the 2026-03 Visa Bulletin: - India: moved from 2023-02-01 to 2023-03-01 - China: moved from 2023-02-01 to 2023-03-01 This may allow additional applicants to proceed with their petitions.

This executive order mandates that the Department of Justice provide DHS with full access to criminal history record information (CHRI) for vetting purposes. Additionally, it authorizes the exchange of such data with international partners, which may result in more comprehensive background checks for EB-1A applicants during consular processing or adjustment of status.

USCIS is raising the fee for Form I-907 to reflect inflation, affecting applicants who choose to pay for faster adjudication of their extraordinary ability petitions. This increase adds to the total filing costs for high-priority employment-based cases.

Visa Bulletin Update: EB-1 (2026-01)

The Department of State updated EB-1 Final Action Dates in the 2026-01 Visa Bulletin: - India: moved from 2022-03-15 to 2023-02-01 - China: moved from 2023-01-22 to 2023-02-01 This may allow additional applicants to proceed with their petitions.

The clarification focuses on how USCIS officers should evaluate evidence such as major awards, memberships in professional associations, and published material specifically for the sports industry. This update aims to provide more consistency in the adjudication of permanent residency petitions for high-level athletes.

Presidential Proclamation 10949 and this update fully or partially suspend the entry of immigrants from a wide range of countries including Nigeria, Iran, Syria, and Afghanistan. This suspension prevents the issuance of immigrant visas and entry into the U.S. for EB-1A applicants who are nationals of these countries and are currently outside the U.S. without a valid visa.

USCIS is implementing enhanced screening measures for high-skilled workers, which includes more detailed background checks and verification of achievements. Applicants should expect higher scrutiny of their evidence and potentially longer adjudication times.

Visa Bulletin Update: EB-1 (2025-12)

The Department of State updated EB-1 Final Action Dates in the 2025-12 Visa Bulletin: - India: moved from 2022-02-15 to 2022-03-15 - China: moved from 2022-12-22 to 2023-01-22 This may allow additional applicants to proceed with their petitions.

The inflation-based fee adjustment will impact the cost of filing immigrant petitions for extraordinary ability workers. Petitioners should prepare for higher costs associated with Form I-140 and potentially Form I-907 for premium processing services.

A partial stay on the 2024 USCIS Fee Rule affects how filing fees are calculated for employment-based petitions. This includes potential changes to the $600 Asylum Program Fee and the base filing fee for Form I-140. Petitioners should verify the current fee schedule to avoid immediate rejection of filings due to incorrect payment.

This procedural change requires petitioners to use electronic payment methods for Form I-140 and Form I-907 filings. Legal representatives and employers must update their internal accounting and submission workflows to comply with the new digital payment requirements to avoid filing rejections.

Visa Bulletin Update: EB-1 (2025-10)

The Department of State updated EB-1 Final Action Dates in the 2025-10 Visa Bulletin: - China: moved from 2022-11-15 to 2022-12-22 This may allow additional applicants to proceed with their petitions.

The deployment of Special Agents with law enforcement powers allows USCIS to more aggressively investigate suspected fraud in high-profile petitions. This may involve deeper verification of the authenticity of awards, memberships, and international recognition cited in EB-1A filings.

This administrative update allows for the use of electronic funds transfers for filing fees associated with Form I-140. The change is intended to streamline the submission process and reduce the risk of filing rejections caused by check processing issues.

Applicants must ensure all evidence of extraordinary ability, including awards, press coverage, and letters of recommendation, is authentic. Falsification can lead to immediate petition denial and permanent inadmissibility to the United States.

This policy introduces a discretionary review layer where adjudicators may evaluate an applicant's public statements or affiliations. For EB-1A applicants with significant public profiles, this could lead to increased scrutiny of their background and potential discretionary denials.

This policy update allows applicants to use the 'Dates for Filing' chart rather than the 'Final Action Dates' chart to lock in a child's age under the Child Status Protection Act. This provides EB-1 applicants more certainty and a longer window to ensure their children remain eligible for permanent residency as dependents.

While the policy update specifically targets the P-1A nonimmigrant classification, it signals a broader interpretive stance on gender-specific athletic competitions. Adjudicators may apply this logic to EB-1A petitions to determine if an athlete's extraordinary ability is being exercised within a recognized and eligible competitive field. This could affect the eligibility of transgender athletes seeking permanent residency based on achievements in women's sports.

The fee adjustment impacts the cost of filing immigrant petitions for individuals with extraordinary ability. Petitioners must ensure the correct fee is submitted to avoid immediate rejection of the filing.

Visa Bulletin Update: EB-1 (2025-07)

The Department of State updated EB-1 Final Action Dates in the 2025-07 Visa Bulletin: - China: moved from 2022-11-08 to 2022-11-15 This may allow additional applicants to proceed with their petitions.

The updated guidance ensures that petitioners are notified of derogatory information discovered by USCIS that they may not be aware of. This provides EB-1A applicants a formal opportunity to respond to or rebut such information before a final decision is issued on their Form I-140.

USCIS has updated its policy to ensure that medical examinations signed by a civil surgeon on or after November 1, 2023, do not expire. This change streamlines the green card process for EB-1A applicants by removing the requirement to provide a new medical exam if their I-485 application remains pending for more than two years.

Visa Bulletin Update: EB-1 (2025-04)

The Department of State updated EB-1 Final Action Dates in the 2025-04 Visa Bulletin: - India: moved from 2022-02-01 to 2022-02-15 This may allow additional applicants to proceed with their petitions.

USCIS has updated its policy to remove the COVID-19 vaccination requirement for the medical examination (Form I-693) required for adjustment of status. This streamlines the final stage of the permanent residency process for EB-1A applicants currently in the U.S.

The update streamlines the submission process for immigrant worker petitions. Applicants must ensure they are using the correct edition of the form and mailing it to the designated service center or lockbox to avoid processing delays or rejections.

The closure of USCIS field offices and Application Support Centers (ASCs) on January 9, 2025, means that any scheduled Adjustment of Status interviews or biometrics appointments for EB-1A applicants will be rescheduled. This administrative delay affects the processing timeline for those currently in the final stages of the green card process.

Visa Bulletin Update: EB-1 (2024-10)

The Department of State updated EB-1 Final Action Dates in the 2024-10 Visa Bulletin: - China: moved from 2022-11-01 to 2022-11-08 This may allow additional applicants to proceed with their petitions.

Visa Bulletin Update: EB-1 (2024-07)

The Department of State updated EB-1 Final Action Dates in the 2024-07 Visa Bulletin: - India: moved from 2021-03-01 to 2022-02-01 - China: moved from 2022-09-01 to 2022-11-01 This may allow additional applicants to proceed with their petitions.

Visa Bulletin Update: EB-1 (2024-04)

The Department of State updated EB-1 Final Action Dates in the 2024-04 Visa Bulletin: - India: moved from 2020-10-01 to 2021-03-01 - China: moved from 2022-07-15 to 2022-09-01 This may allow additional applicants to proceed with their petitions.

Visa Bulletin Update: EB-1 (2024-03)

The Department of State updated EB-1 Final Action Dates in the 2024-03 Visa Bulletin: - India: moved from 2020-09-01 to 2020-10-01 - China: moved from 2022-07-01 to 2022-07-15 This may allow additional applicants to proceed with their petitions.

Visa Bulletin Update: EB-1 (2024-01)

The Department of State updated EB-1 Final Action Dates in the 2024-01 Visa Bulletin: - India: moved from 2017-01-01 to 2020-09-01 - China: moved from 2022-02-15 to 2022-07-01 This may allow additional applicants to proceed with their petitions.

Visa Bulletin Update: EB-1 (2023-10)

The Department of State updated EB-1 Final Action Dates in the 2023-10 Visa Bulletin: - India: moved from 2012-01-01 to 2017-01-01 - China: moved from 2022-02-01 to 2022-02-15 - Philippines: became Current - Mexico: became Current - Rest of World: became Current This may allow additional applicants to proceed with their petitions.

Visa Bulletin Update: EB-1 (2023-08)

The Department of State updated EB-1 Final Action Dates in the 2023-08 Visa Bulletin: - India: moved from 2022-02-01 to 2012-01-01 - Philippines: retrogressed from Current to 2023-08-01 - Mexico: retrogressed from Current to 2023-08-01 - Rest of World: retrogressed from Current to 2023-08-01 Some applicants who were previously eligible may need to wait longer.

Visa Bulletin Update: EB-1 (2023-01)

The Department of State updated EB-1 Final Action Dates in the 2023-01 Visa Bulletin: - India: retrogressed from Current to 2022-02-01 - China: retrogressed from Current to 2022-02-01 Some applicants who were previously eligible may need to wait longer.