We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
U.S. State Department Suspends Immigrant Visa Issuance for 75 Countries Pending Public Charge Policy Review
In a significant policy development affecting immigrant visa processing worldwide, the U.S. Department of State announced on January 21, 2025, an indefinite suspension of immigrant visa issuance for nationals of 75 countries. The pause, which takes effect immediately, applies while the Department conducts a comprehensive reassessment of its procedures for evaluating public charge inadmissibility.
What Is Public Charge?
The public charge ground of inadmissibility, codified under Section 212(a)(4) of the Immigration and Nationality Act, allows immigration officials to deny visa applications if they determine an applicant is likely to become primarily dependent on the U.S. government for subsistence at any time in the future. This assessment traditionally considers factors including the applicant’s age, health, family status, assets, resources, financial status, education, and skills.
Scope of the Suspension:
The suspension affects nationals from 75 countries spanning Africa, Asia, Europe, the Middle East, and the Americas. While the State Department will continue accepting applications and conducting interviews for immigrant visas from these countries, no visas will be issued until the policy review is complete and new guidance is released.
Countries Affected:
The affected nations include: Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma (Myanmar), Cambodia, Cameroon, Cape Verde, Colombia, Côte d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, 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.
Notably, many of these countries are already subject to full or partial travel bans, which may limit the practical impact for some applicants, as immigrant visas for those nationals are typically issued only in exceptional circumstances.
Key Exemptions:
Dual nationals who possess and use a passport from a non-listed country when applying for their immigrant visa are exempt from the suspension. This exemption may provide relief for applicants with citizenship in multiple countries.
What This Means for Applicants:
- Applications and interviews continue: Applicants from affected countries may still submit immigrant visa applications and attend scheduled interviews at U.S. consulates and embassies.
- No visa issuance: Even if an applicant completes their interview successfully, no immigrant visa will be physically issued during the suspension period.
- Uncertainty on timeline: The State Department has not announced when the review will be completed or when visa issuance will resume.
Implications for Immigration Practice:
This suspension creates significant uncertainty for thousands of intending immigrants and their U.S. sponsors, including:
- Family-based immigration: U.S. citizens and lawful permanent residents who have petitioned for family members from the affected countries face indefinite delays.
- Employment-based immigration: Beneficiaries of approved employment-based immigrant petitions (Forms I-140) who are consular processing abroad cannot receive their immigrant visas.
- Diversity Visa Program: Winners of the Diversity Visa lottery from affected countries may face particular hardship, as the program operates on a strict fiscal year deadline (September 30).
Immigration attorneys should advise clients from affected countries to:
- Continue with scheduled appointments and application submissions.
- Gather and maintain updated financial documentation demonstrating self-sufficiency.
- Monitor State Department guidance for policy updates.
- Consider whether adjustment of status in the United States (if eligible) might be a viable alternative to consular processing.
- Explore dual nationality options if applicable.
Historical Context:
Public charge determinations have been a contentious area of immigration policy in recent years. The Trump administration attempted to expand public charge considerations in 2019 through a rule that was subsequently challenged in court and ultimately withdrawn by the Biden administration in 2021. The current administration’s reassessment suggests a potential return to stricter public charge evaluations.
Looking Ahead:
The lack of a specific timeline for completing this review creates substantial uncertainty for affected applicants and their families. Immigration practitioners should stay closely attuned to official State Department updates and be prepared to advise clients on alternative strategies if the suspension extends for a prolonged period.
For updates and official guidance, stakeholders should monitor the State Department’s website at travel.state.gov and the Visa Bulletin for any developments regarding this policy.
DOL Announces January 2026 Processing Times: PERM Applications Face 17-Month Wait as Backlogs Persist
The U.S. Department of Labor (DOL) has released its January 2026 processing time update for PERM labor certification applications and Prevailing Wage Determinations (PWDs), revealing continued significant delays that impact thousands of employers and foreign national workers pursuing employment-based green cards and H-1B visa compliance.
PERM Labor Certification Processing Times:
As of January 5, 2026, the DOL’s processing timeline data shows:
- Regular PERM Applications: DOL analysts are currently reviewing applications filed in August 2024 or earlier, indicating an approximate 17-month processing time for standard PERM cases. This represents a substantial backlog affecting employers who filed labor certifications in late 2024.
- PERM Audit Cases: Applications selected for audit review are being processed for cases filed in December 2024 or earlier, suggesting a roughly 13-month timeline for audited cases to reach initial review.
- Reconsideration Requests: The DOL is processing requests for reconsideration of denied PERM applications submitted in August 2025 or earlier, reflecting approximately a 5-month processing time for post-decision reviews.
Prevailing Wage Determination Processing Times:
The prevailing wage processing data reveals varied timelines depending on the type of request:
OEWS-Based PWDs:
- PERM and H-1B cases filed in August 2025 are currently being processed.
- Processing time: approximately 5 months.
Non-OEWS PWDs:
- Cases filed in June 2025 are under review.
- Processing time: approximately 7 months.
PWD Redeterminations:
- PERM PWD redeterminations requested in September 2025 (approximately 4 months)
- H-1B PWD redeterminations requested in August 2025 (approximately 5 months)
PERM Center Director Reviews:
- Cases filed in October 2025 are being processed (approximately 3 months)
What These Delays Mean for Employers and Foreign Workers:
Employment-Based Green Card Cases:
The 17-month PERM processing time creates cascading delays throughout the employment-based immigration process:
- Extended green card timelines: Combined with USCIS I-140 processing (currently 4-6 months for most categories) and adjustment of status or consular processing times, the total timeline from PERM filing to green card can extend beyond 2-3 years for many applicants.
- Priority date implications: For nationals of countries with visa bulletin backlogs (India, China, Philippines, and increasingly all countries in certain categories), the PERM filing date establishes the critical priority date. Delays in PERM adjudication mean delayed priority dates.
- H-1B extension challenges: Foreign workers on H-1B status awaiting PERM approval may face complications with H-1B extensions, particularly those approaching their sixth year of H-1B status who need an approved I-140 to qualify for extensions beyond the 6-year limit.
- Business continuity risks: Employers face uncertainty in workforce planning when key foreign national employees are stuck in multi-year green card processing queues.
H-1B Compliance:
The 5-month prevailing wage processing time for H-1B cases affects:
- New H-1B filings: Employers must account for PWD processing when planning H-1B cap filings or new H-1B sponsorships.
- H-1B amendments: Material changes requiring new LCAs necessitate fresh PWD requests, creating compliance gaps.
- Transfer timing: H-1B transfers to new employers require new prevailing wage determinations, delaying the ability to change jobs.
Strategic Considerations for Immigration Practitioners:
Immigration attorneys and HR professionals should consider the following strategies given these processing times:
PERM Strategy:
- File early: Given 17-month processing times, begin PERM recruitment at least 20-24 months before anticipated I-140 filing needs.
- Audit preparation: Assume potential audit selection and maintain comprehensive recruitment documentation.
- Alternative pathways: Evaluate whether EB-1A (extraordinary ability) or EB-1B (outstanding researcher) classifications might be viable alternatives that bypass PERM requirements.
- Premium processing planning: While PERM itself has no premium processing, factor in delayed PERM approval when planning I-140 premium processing strategies.
Prevailing Wage Strategy:
- Submit PWD requests 6-8 months in advance: Build PWD processing time into overall case timelines.
- Job description precision: Carefully craft job requirements to avoid redetermination requests that add additional months.
- Wage level considerations: Be strategic about wage level selection, as higher levels reduce audit risk but increase salary requirements.
- Validity period management: PWDs are valid for specific periods; track expiration dates carefully to avoid re-filing.
H-1B Specific Considerations:
- CAP season planning: For April 1 H-1B cap cases, file PWD requests by November of the preceding year to ensure receipt before LCA filing.
- Amendment protocols: Develop internal processes to identify material changes early and initiate PWD requests proactively.
- Bridge strategies: For workers approaching status gaps, explore alternative visa categories (L-1, O-1, E-3, TN) that may have different wage determination processes.
Monitoring and Updates:
The DOL publishes processing time updates monthly on its FLAG (Foreign Labor Application Gateway) portal at flag.dol.gov. Processing times can fluctuate based on:
- Application volume
- DOL staffing levels
- Policy changes affecting review procedures
- Seasonal variations (particularly H-1B CAP season surges)
Looking Ahead:
The persistent PERM processing delays reflect ongoing challenges at the DOL in managing high application volumes amid complex regulatory requirements. While the agency has made efforts to streamline processes through electronic filing and updated regulations, backlogs remain a significant challenge.
Employers and immigration practitioners should:
- Monitor monthly updates for any improvements or deterioration in processing times.
- Communicate realistic timelines to foreign national beneficiaries about green card processing expectations.
- Build substantial buffer time into workforce planning and immigration strategy.
- Consider alternative immigration pathways where PERM delays create business risks.
For the most current processing time information, consult the DOL FLAG website and consider subscribing to agency updates and immigration law newsletters that track processing time trends.
USCIS Extends EAD Validity for Honduras, Nepal, and Nicaragua TPS Beneficiaries Following Court Ruling, While Filing an Appeal
The U.S. Citizenship and Immigration Services (USCIS) has announced an extension of Employment Authorization Document (EAD) validity for Temporary Protected Status (TPS) beneficiaries from Honduras, Nepal, and Nicaragua, following a recent federal court ruling that halted the termination of TPS protections for these countries. The extension allows eligible TPS holders to continue working lawfully in the United States while litigation proceeds.
According to USCIS, the EAD extensions are being implemented to comply with the court’s order, which temporarily preserves TPS benefits, including work authorization, for affected nationals. At the same time, the government has confirmed that it has filed an appeal of the ruling, signaling that the long-term future of TPS for these countries remains uncertain and subject to further judicial review.
USCIS has advised employers to accept the extended EADs as valid proof of work authorization for Form I-9 purposes during the extension period. TPS beneficiaries from Honduras, Nepal, and Nicaragua are encouraged to closely monitor official USCIS announcements and Federal Register notices for updated expiration dates, automatic extensions, and any changes resulting from the ongoing appeal. Immigration practitioners caution that beneficiaries should plan proactively, as TPS protections could change depending on the outcome of the appellate process.
State Department Expands Visa Bond Pilot Program to 25 Additional Countries, Raising Concerns About Access and Equity
The U.S. Department of State announced a significant expansion of its B-1/B-2 Visa Bond Pilot Program, effective January 21, 2026, adding 25 countries to a controversial initiative that allows consular officers to require visitor visa applicants to post substantial financial bonds before receiving their visas. The expansion has raised concerns among immigration advocates about potential barriers to legitimate travel and business relationships.
Program Overview:
The Visa Bond Pilot Program grants consular officers discretionary authority to require certain B-1 (business visitor) and B-2 (tourist) visa applicants to post a financial bond—typically ranging from $5,000 to $15,000—as a condition of visa issuance. The stated purpose is to reduce visa overstays and enhance compliance with the terms of temporary admission to the United States.
How the Bond System Works:
- Bond Amount: Consular officers determine bond amounts on a case-by-case basis, generally between $5,000 and $15,000.
- Posting Requirement: The bond must be posted before the visa is issued.
- Refund Mechanism: Bonds may be refunded if the visa holder complies with all visa conditions, including timely departure from the United States.
- Forfeiture: Failure to comply with visa terms, including overstaying, may result in bond forfeiture.
- Discretionary Application: Not every applicant from listed countries will be required to post a bond; the requirement applies only when a consular officer determines additional assurances are warranted.
Newly Added Countries:
Effective January 21, 2026, the following 25 countries have been added to the Visa Bond Pilot Program:
- Africa: Algeria, Angola, Benin, Burundi, Cabo Verde, Côte d’Ivoire, Djibouti, Gabon, Nigeria, Senegal, Togo, Uganda, Zimbabwe.
- Asia: Bangladesh, Kyrgyzstan, Nepal, Tajikistan.
- Caribbean: Antigua and Barbuda, Cuba, Dominica.
- South America: Venezuela.
- Pacific: Fiji, Tonga, Tuvalu, Vanuatu.
This expansion significantly broadens the geographic scope of the pilot program, which was initially launched with a smaller set of countries.
Implications for Travelers and Businesses:
Financial Barriers to Travel
The bond requirement creates substantial financial obstacles for legitimate travelers:
- Upfront Capital Requirements: A $5,000-$15,000 bond represents a significant sum, particularly for applicants from developing economies where average annual incomes may be substantially lower.
- Liquidity Challenges: Even applicants with adequate financial resources may face difficulty accessing liquid funds for bond posting, especially on short notice.
- Opportunity Costs: Funds tied up in visa bonds cannot be used for the actual travel, business activities, or other purposes, potentially making U.S. travel economically unviable for some applicants.
Impact on Different Visa Categories:
B-1 Business Visitors:
- Corporate executives, entrepreneurs, and business owners seeking to attend meetings, conferences, or explore investment opportunities.
- Potential chilling effect on business relationships and trade between the U.S. and affected countries.
- Disproportionate impact on small and medium-sized business owners who may lack ready access to large bond amounts.
B-2 Tourist Visitors:
- Family members visiting relatives in the United States.
- Tourists contributing to U.S. tourism economy.
- Medical tourists seeking healthcare in the United States.
- Students visiting universities before applying for F-1 status.
Practical Concerns:
Immigration practitioners have identified several operational and equity concerns:
- Discretionary Standards: The lack of clear, published criteria for when bonds will be required creates uncertainty and potential inconsistency in application.
- Perceived Discrimination: Country-based selection for the pilot may be perceived as discriminatory, even if individual determinations are required.
- Documentation Burden: Applicants may need to provide extensive financial documentation to demonstrate ability to post bonds.
- Processing Delays: Bond posting requirements may extend visa processing timelines.
- Refund Procedures: Questions remain about the efficiency and reliability of bond refund mechanisms after compliant departures.
Legal and Policy Context:
Statutory Authority:
The visa bond program operates under existing statutory authority that allows the State Department to impose conditions on visa issuance. However, critics argue that:
- The program may conflict with principles of equal treatment in visa adjudication.
- Country-based selection criteria may raise due process concerns.
- The program effectively creates a wealth-based barrier to U.S. entry.
Relationship to Overstay Concerns:
The State Department cites overstay reduction as the primary justification for the program. According to DHS overstay reports:
- Annual overstay rates vary significantly by country.
- Most overstays are relatively short-term.
- Many overstays eventually depart or adjust status through legitimate means.
- The correlation between bond requirements and reduced overstays remains unproven in the pilot context.
Historical Precedent:
Visa bond requirements have been used sporadically in U.S. immigration history but have rarely been applied on a systematic, country-wide basis. The current pilot represents a significant expansion of this mechanism.
Guidance for Immigration Practitioners:
Attorneys and immigration professionals advising clients from affected countries should consider the following strategies:
Pre-Application Preparation:
1. Financial Documentation: Advise clients to prepare comprehensive financial documentation demonstrating:
- Stable income sources in home country.
- Property ownership or significant assets.
- Family and employment ties to home country.
- Previous compliance with U.S. visa terms (if applicable).
2. Purpose Documentation: Strengthen documentation of legitimate travel purpose:
- Business invitation letters from U.S. companies
- Conference registration and itineraries
- Family relationship evidence for visitor cases
- Round-trip flight reservations
3. Bond Readiness: Counsel clients to be financially prepared to post bonds if required, including:
- Understanding bond amounts and payment mechanisms.
- Arranging access to required funds.
- Planning for extended timelines if bond posting is required.
Alternative Visa Strategies:
When appropriate, consider whether other visa categories might be more suitable:
- Treaty visas (E-1/E-2): For nationals of treaty countries engaged in substantial trade or investment
- L-1 intracompany transferees: For multinational company employees
- H-1B specialty occupation: For longer-term professional employment
- F-1 student visas: For academic purposes
- J-1 exchange visitors: For cultural exchange, research, or training programs
Advocacy and Documentation:
1. Detailed Cover Letters: Prepare comprehensive cover letters for visa applications explaining:
- Strong ties to home country.
- Purpose of travel.
- Financial capacity.
- Previous U.S. travel compliance.
2. Support Letters: When appropriate, obtain support letters from:
- U.S. business partners or employers.
- Family members who are U.S. citizens or LPRs.
- Educational institutions.
- Professional organizations.
3. Interview Preparation: Thoroughly prepare clients for consular interviews, emphasizing:
- Clear articulation of travel purpose.
- Demonstration of non-immigrant intent.
- Evidence of home country ties.
- Professional demeanor and responsiveness.
Recommendations for U.S. Sponsors and Businesses:
Organizations inviting visitors from affected countries should:
1. Early Planning: Allow additional time for visa processing given potential bond requirements
2. Supporting Documentation: Provide robust invitation letters detailing:
- Business purpose and itinerary.
- Financial responsibility (if applicable).
- Duration and scope of visit.
- Company background and legitimacy.
3. Financial Assistance Consideration: Evaluate whether the organization can or should assist with bond posting for critical business visitors (note: this creates its own compliance considerations)
4. Alternative Meeting Locations: For essential business relationships, consider whether meetings could be held in third countries not subject to bond requirements
Monitoring and Compliance:
Bond Refund Process
Visa holders subject to bond requirements should:
1. Document Departure: Retain all evidence of timely departure from the United States:
- Airline boarding passes.
- Passport exit stamps (if applicable).
- I-94 departure records.
- Entry stamps into next destination country.
2. Initiate Refund Requests Promptly: Follow State Department procedures for bond refund applications immediately upon departure.
3. Maintain Records: Keep copies of all bond-related documentation, visa applications, and correspondence.
Future Travel Considerations:
Successful bond refunds and compliance may strengthen future visa applications, while bond forfeiture could significantly impair future U.S. visa eligibility.
Broader Immigration Policy Implications:
The expansion of the Visa Bond Pilot Program reflects broader trends in U.S. immigration enforcement:
- Increased Scrutiny: Heightened focus on visa overstays and temporary visa compliance.
- Economic Barriers: Growing use of financial requirements as immigration control mechanisms.
- Country-Based Approaches: Continued reliance on nationality-based risk assessments
- Discretionary Authority: Expansion of consular officer discretion in visa adjudication
Conclusion and Outlook:
While the State Department emphasizes that the Visa Bond Pilot Program is discretionary and case-specific, the expansion to 25 additional countries creates uncertainty and potential obstacles for thousands of legitimate travelers. The program’s impact on international business relationships, family connections, tourism, and educational exchange remains to be seen.
Immigration practitioners should monitor implementation closely, document patterns in bond requirements, and provide feedback to the State Department regarding the program’s practical effects. Affected applicants and their U.S. contacts should prepare thoroughly, document comprehensively, and allow additional time for visa processing.
The effectiveness of visa bonds in reducing overstays—and their proportionality as a policy tool—will likely be subjects of ongoing debate as the pilot program expands.
USCIS to Increase Premium Processing Fees Effective March 1, 2026
The U.S. Citizenship and Immigration Services (USCIS) will implement increased premium processing fees for certain employment-based applications and petitions effective March 1, 2026, according to an advance copy of a final regulation scheduled for publication in the Federal Register on January 12. The fee increases reflect an inflationary adjustment covering June 2023 through June 2025, as required under USCIS’s biennial premium processing fee review. The last adjustment to premium processing fees took effect in February 2024.
Premium processing allows petitioners to request expedited adjudication—generally within 15 or 30 calendar days, depending on the case type—in exchange for an additional filing fee. USCIS has stated that the updated fees are intended to ensure continued operational stability and timely processing of premium cases in light of inflation.
New Premium Processing Fees (Effective March 1, 2026)
|
Case Type |
Current Fee |
New Fee |
Increase |
|
Form I-140 |
$2,805 |
$2,965 |
+$160 |
|
Form I-129 |
$2,805 |
$2,965 |
+$160 |
|
Form I-129 (H-2B & R-1) |
$1,685 |
$1,780 |
+$95 |
|
Form I-539 |
$1,965 |
$2,075 |
+$110 |
|
Form I-765 (F-1 OPT) |
$1,685 |
$1,780 |
+$95 |
Petitions and applications postmarked on or after March 1, 2026 must include the new premium processing fee, or USCIS may reject the filing. Employers, foreign nationals, and immigration practitioners are advised to plan filings carefully in the coming weeks, particularly for time-sensitive cases such as H-1B, I-140, and F-1 OPT applications, to avoid unexpected delays or rejections due to incorrect fees.
February 2026 Visa Bulletin Update: USCIS to Honor Dates for Filing for Employment-Based Categories
The U.S. Citizenship and Immigration Services (USCIS) has confirmed that for February 2026, it will honor the “Dates for Filing” chart for employment-based adjustment of status (Form I-485) applications. This announcement allows eligible applicants whose priority dates are earlier than the listed filing dates to submit I-485 applications—even if final action dates are not yet current—providing a critical opportunity to secure work authorization and advance parole benefits while waiting for final approval.
The filing dates are published monthly in the Visa Bulletin, issued by the U.S. Department of State. Below are the Dates for Filing applicable for February 2026 employment-based categories.
Employment-Based Dates for Filing – February 2026
EB-1 (Priority Workers):
- China: August 1, 2023
- India: August 1, 2023
- All Other Countries: Current
EB-2 (Members of the Professions Holding Advanced Degrees or Exceptional Ability):
- China: January 1, 2022
- India: December 1, 2013
- All Other Countries: October 15, 2024
EB-3 Professionals and Skilled Workers:
- China: January 1, 2022
- India: August 15, 2014
- All Other Countries: October 1, 2023
EB-3 Other Workers:
- China: October 1, 2019
- India: August 15, 2014
- All Other Countries: December 1, 2021
EB-4 (Certain Special Immigrants):
- EB-4 (Except SR Certain Religious Workers):
- All Countries: March 15, 2021
- EB-4 SR Certain Religious Workers:
- All Countries: Unavailable*
*The EB-4 Certain Religious Workers (SR) category is set to expire on January 30, 2026, unless reauthorized by Congress.
EB-5 Immigrant Investors:
- Unreserved (Regional Center and Non-Regional Center):
- China: August 22, 2016
- India: May 1, 2024
- All Other Countries: Current
- Set-Aside Categories:
- Rural: Current (all countries)
- High Unemployment: Current (all countries)
- Infrastructure: Current (all countries)
What This Means for Applicants:
Because USCIS is using the Dates for Filing chart, many employment-based applicants—particularly those in EB-2 and EB-3—may be eligible to file Form I-485 in February 2026 even though their priority dates are not yet current under the Final Action Dates chart. Filing early enables applicants to obtain EADs, advance parole, and greater flexibility while awaiting visa availability.
Applicants should act promptly, ensure all supporting documentation is ready, and closely monitor future Visa Bulletin updates—especially for EB-4 SR Religious Workers, given the impending statutory expiration, and for India and China backlogs, where movement remains limited.
Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
