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:
OFLC Announces Extensions and Emergency Procedures for Applications Impacted by the Government Shutdown and PERM and H-1B Labor Filings Resume as DOL Restores FLAG System Operations
PERM and H-1B Filings Resume: DOL Restores FLAG System and OFLC Implements Extensions and Emergency Procedures:
The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has issued a formal announcement outlining temporary extensions and emergency filing procedures for employers and agents impacted by the government shutdown that halted operations from October 1 through November 2, 2025.
The shutdown caused the OFLC to suspend all application processing activities, including access to the Foreign Labor Application Gateway (FLAG) system and the SeasonalJobs.dol.gov registry for H-2A and H-2B job opportunities. As a result, employers were unable to submit new prevailing wage or labor certification requests, file applications, or respond to correspondence from OFLC during that period.
1. Mailed Submissions and Correspondence:
Employers who mailed applications or documents to OFLC between October 1 and November 2, 2025, will not be penalized for delays caused by the shutdown.
- OFLC will manually enter all mailed or couriered submissions into the FLAG system and assign a case number.
- The official filing date will be considered the postmark date.
- Example: A PERM application postmarked October 1 will be deemed filed on that date once entered into FLAG.
- Submissions sent via email will be treated as received on the day they were sent.
Employers will receive confirmation once entries are processed, though OFLC notes there may be delays before receipt notifications appear.
2. Automatic 33-Day Deadline Extension:
Any response deadlines for Requests for Information (RFIs), Notices of Deficiency, Notices of Acceptance, Audits, or Requests for Reconsideration that fell between October 1 and November 2, 2025, are automatically extended by 33 calendar days.
This automatic extension accounts for the number of days OFLC staff were furloughed and unable to process cases.
Employers do not need to submit separate extension requests for this relief.
For the PERM program, employers whose recruitment efforts or prevailing wage determinations expired during the shutdown period may continue to file electronically within this 33-day window.
Important: While the FLAG system may display a warning for expired recruitment or prevailing wage validity, the employer will still be able to submit. If a denial occurs, employers may file a Request for Reconsideration explaining the shutdown-related delay.
3. Emergency Filing Procedures for H-2A, H-2B, and CW-1 Programs:
OFLC is also invoking the emergency provisions under 20 CFR 655.134 (H-2A), 20 CFR 655.17 (H-2B), and 20 CFR 655.422 (CW-1) to permit waivers of normal filing timelines for affected employers.
- Employers must demonstrate good and substantial cause—such as the government shutdown—for late filings.
- Requests should follow the procedural requirements for each visa category.
- These measures aim to ensure continuity of critical temporary and seasonal labor programs disrupted by the shutdown.
Scope and Limitations:
The new guidance applies only to deadlines imposed by OFLC. It does not modify or extend deadlines for appeals before the Board of Alien Labor Certification Appeals (BALCA).
Employers with pending appeals or BALCA deadlines should contact BALCA directly at [email protected] for case-specific instructions. Summary The Department of Labor’s emergency actions provide crucial relief for employers who faced unavoidable delays during the month-long government shutdown. By recognizing postmarked filings, granting automatic deadline extensions, and activating emergency provisions for temporary labor programs, OFLC seeks to restore operational continuity and protect the rights of petitioning employers affected by the federal funding lapse. For more information: Visit the OFLC website at https://flag.dol.govFast-Track Your Green Card: EB-1A Extraordinary Ability Petition for Professionals. Are You Stuck in the EB-2/EB-3 Backlog? There’s a Better Path Forward
If you’re an Indian or Chinese national facing decades-long waits in the EB-2 or EB-3 categories, the EB-1A extraordinary ability petition offers a powerful alternative. Unlike employment-based second and third preference categories, EB-1A is current for all countries, meaning you could file your I-485 adjustment of status application concurrently with your I-140 petition and obtain your green card in as little as 12-18 months. Understanding the EB-1A Advantage: The EB-1A category is designed for individuals with extraordinary ability in sciences, arts, education, business, or athletics. Contrary to popular belief, you don’t need to be a Nobel Prize winner or Olympic gold medalist. Software engineers, IT managers, financial analysts, data scientists, biotech researchers, and business executives working for major U.S. corporations often qualify without realizing it. Key Benefits:- No labor certification required (unlike EB-2/EB-3)
- Self-petitioning (no employer sponsorship needed)
- Current priority dates for all countries
- Concurrent I-140 and I-485 filing possible
- Port your existing EB-2/EB-3 priority date for even faster processing
- No PERM process delays
The 10 Criteria: You May Already Qualify:
USCIS requires evidence of sustained national or international acclaim by meeting at least 3 out of 10 regulatory criteria. Here’s the crucial insight from 25+ years of successful EB-1A practice: most professionals working for major U.S. corporations or their clients already meet 3-5 criteria without realizing it.
The 10 EB-1A Criteria Explained 1. Awards or Prizes for Excellence:- Industry awards (Employee of the Year, Innovation Awards, President’s Club)
- Academic honors and scholarships
- Hackathon winners, coding competition awards
- Professional certification recognitions
- Company-wide or division-wide achievement awards
How you may already qualify: Have you received performance bonuses, recognition awards, or been named to “top performer” programs at your company?
2. Membership in Associations Requiring Outstanding Achievements:
- IEEE Senior Member status
- ACM Distinguished Member
- CFA Charter holder
- Professional associations requiring peer review/recommendations
- Invitation-only professional organizations
How you may already qualify: Are you a member of professional organizations that required demonstrated expertise or peer endorsement to join?
3. Published Material About You in Professional/Major Trade Publications:
- Company press releases featuring your work
- LinkedIn articles about your projects
- Trade journal features
- Conference proceedings mentioning your contributions
- Internal company newsletters highlighting your achievements
- Media coverage of your company’s projects where you played a key role
How you may already qualify: Has your company publicized projects you led? Have you been quoted in industry publications?
4. Participation as a Judge of Others’ Work:
- Technical interview panelist for senior positions
- Code review for colleagues or open-source projects
- Grant proposal reviewer
- Conference paper reviewer
- Manuscript peer reviewer for journals
- Evaluation committee member for industry competitions
How you may already qualify: Do you conduct technical interviews, review others’ code, or evaluate proposals at work?
5. Original Contributions of Major Significance:
This is the most important criterion for professionals and often the easiest to demonstrate:
- Software engineers: Architected scalable systems serving millions of users; developed algorithms improving performance/efficiency; created frameworks adopted across your organization; built critical infrastructure supporting revenue-generating products
- Managers: Led transformational projects saving millions or generating significant revenue; implemented processes adopted company-wide; built and scaled teams delivering critical business outcomes
- Finance professionals: Developed financial models for major transactions; created risk management frameworks; led M&A deals or fundraising efforts; implemented cost-saving initiatives
- Scientists/researchers: Contributed to drug development, clinical trials, biotechnology innovations; developed new methodologies; solved critical technical challenges
How you may already qualify: Have you worked on systems, projects, or initiatives that were critical to your company’s success? Did your work directly impact millions of users, save significant costs, or generate substantial revenue?
6. Authorship of Scholarly Articles:
- Technical blog posts on company engineering blogs
- White papers published by your organization
- Conference papers or presentations
- Articles in industry publications
- Contributions to technical documentation adopted by others
- Patents (as primary inventor)
How you may already qualify: Have you written technical documentation, blog posts, or presented at conferences?
7. Display of Work at Artistic Exhibitions (Less common for tech/business professionals)
8. Leading or Critical Role in Distinguished Organizations
This is crucial for corporate professionals:
- Lead engineer/architect at Fortune 500 companies
- Senior manager at well-known technology/pharmaceutical/
financial firms - Critical role in projects for major clients (Google, Amazon, Microsoft, major banks, etc.)
- Key position in startups that achieved significant funding or valuation
- Essential role in product launches, infrastructure builds, or strategic initiatives
How you may already qualify: Do you work for a Fortune 500 company, major tech firm, or leading organization in your industry? Are you in a senior or lead position? Have you been designated as critical to major projects?
9. High Salary or Remuneration Significantly Higher Than Others:
- Salary in the top 90th percentile for your occupation and geographic area (per DOL wage data)
- Total compensation including bonuses, stock options, RSUs
- H-1B wage level 3 or 4 designation
- Compensation history showing progression to senior levels
How you may already qualify: If you earn $150,000+ in most tech markets, $200,000+ in high-cost areas like SF/NYC, or receive significant stock compensation, you likely meet this criterion.
10. Commercial Success in the Performing Arts (Not applicable to most professionals)
Your Profile: Building a Winning EB-1A Case. For Software Engineers and IT Professionals:
You likely already have these 3 criteria:
- Leading/Critical Role: Senior Engineer, Lead Developer, Architect, or Engineering Manager at a major tech company or corporation
- Original Contributions: Systems you built serving millions of users, algorithms improving efficiency, platforms generating significant revenue
- High Salary: Compensation in the top tier of your field
Additional criteria you can develop:
- Judging: Conduct technical interviews for senior positions, review code, or serve on technical evaluation committees
- Published Material: Write technical blog posts, contribute to open-source projects with documentation, or speak at meetups/conferences
- Professional Associations: Join IEEE, ACM, or other associations as senior/distinguished members
For Finance and Business Professionals:
You likely already have these 3 criteria:
- Leading/Critical Role: VP, Director, Senior Manager at Fortune 500 companies, major banks, or leading financial institutions
- Original Contributions: Financial models for major deals, strategies generating/saving millions, risk frameworks, M&A leadership
- High Salary: Compensation in the top percentile including bonuses
Additional criteria you can develop:
- Judging: Serve on investment committees, evaluate business proposals, participate in due diligence teams
- Authorship: Write articles for industry publications, contribute to white papers, present at industry conferences
- Awards: Industry recognition awards, President’s Club, deal-of-the-year awards
For Managers and Executives:
You likely already have these 3 criteria:
- Leading/Critical Role: Senior management position at established corporation
- Original Contributions: Led transformational projects, built successful teams, implemented company-wide processes, delivered significant business results
- High Salary: Executive-level compensation
Additional criteria you can develop:
- Judging: Interview candidates, evaluate proposals, serve on advisory boards
- Published Material: Company press releases, industry articles about your initiatives, speaking engagements
- Memberships: Executive associations, industry leadership organizations
For Scientists and Researchers (Biotech, Pharma, Clinical):
You likely already have these 3 criteria:
- Original Contributions: Research contributing to drug development, clinical trials, patents, innovative methodologies
- Leading/Critical Role: Senior Scientist, Principal Investigator, Research Lead at pharmaceutical or biotech companies
- Authorship: Publications, conference papers, technical reports
Additional criteria you can develop:
- Judging: Peer review for journals, grant proposal evaluation, conference abstract review
- High Salary: Senior scientist compensation typically meets this criterion
- Professional Memberships: Scientific societies requiring peer nomination
Priority Date Porting: Keep Your Place in Line
Here’s powerful news: If you have an approved EB-2 or EB-3 I-140 petition, you can port (retain) that priority date to your new EB-1A petition. This is authorized under the American Competitiveness in the Twenty-First Century Act (AC21). How It Works:- Current EB-2/EB-3 approved I-140 with priority date of, say, January 2015
- New EB-1A I-140 filed in December 2025
- Claim the earlier priority date (January 2015) on your new EB-1A petition
- Immediate I-485 eligibility because EB-1A is current
Example Scenario:
- Raj, an Indian software engineer, has an approved EB-2 I-140 with priority date of March 2014
- EB-2 India currently shows 2012, meaning he faces 10+ more years of waiting
- Raj files EB-1A in December 2025 and ports his March 2014 priority date
- Because EB-1A is current, he immediately files I-485 concurrently
- He receives his green card in 12-18 months instead of waiting until year 2035+
Requirements for Priority Date Porting:
- Previous I-140 must be approved
- Previous I-140 must remain valid (not revoked within 180 days of I-485 filing if employer-sponsored)
- You can port from any employment-based category (EB-1, EB-2, EB-3)
Concurrent I-140 and I-485 Filing: Your Fast Track
When EB-1A is current (as it is now for all countries), you can file your I-140 petition and I-485 adjustment of status application simultaneously. This means:
- No waiting for I-140 approval before applying for green card
- Work authorization (EAD) in 3-6 months
- Travel document (Advance Parole) in 3-6 months
- Green card in 12-24 months (average processing time)
- Freedom to change jobs 180 days after filing (AC21 portability)
Concurrent Filing Eligibility:
- EB-1A category must be current (it is)
- You must be physically present in the United States
- You must have maintained lawful status (or qualify for 245(k) forgiveness)
- You must be admissible to the United States
Building Your Evidence Portfolio: The 25-Year Proven Approach
Success in EB-1A cases requires strategic documentation that tells a compelling story of your extraordinary ability. Here’s the framework that has worked for hundreds of approved cases:
1. Letters of Recommendation (Critical)
- 5-8 letters from recognized experts in your field
- Mix of independent references and colleagues
- Should establish your reputation, contributions, and impact
- Must explain technical details and significance of your work
- Should compare you favorably to others in the field
2. Evidence of Original Contributions
- Quantitative metrics: Users impacted, revenue generated, costs saved, performance improvements
- Technical documentation: Architecture diagrams, system designs, algorithms
- Adoption evidence: Other teams/companies using your work, open-source contributions
- Business impact statements: From supervisors documenting critical nature of your role
- Patents and proprietary technologies
3. Proof of Leading/Critical Role
- Organizational charts showing your position
- Job descriptions and promotion history
- Performance reviews highlighting critical contributions
- Project documentation showing leadership
- Revenue/impact data for projects you led
4. Salary Evidence
- W-2s, pay stubs, offer letters
- Department of Labor wage data for comparison
- Total compensation statements (including equity)
- Evidence of rapid salary progression
5. Documentation of Judging
- Interview scorecards or evaluation forms
- Invitation letters to serve as reviewer
- Screenshots of review platforms showing your participation
- Letters from companies confirming your interviewer role
6. Published Materials
- Blog posts with view counts and engagement metrics
- Press releases mentioning you by name
- Conference presentations with attendee numbers
- Articles in trade publications
- LinkedIn posts with substantial engagement
7. Awards and Recognition
- Award certificates and nomination materials
- Company announcements of awards
- Context about selectivity and significance of awards
8. Professional Memberships
- Membership certificates for senior/distinguished levels
- Documentation of requirements for membership
- Proof of peer recommendation requirements
Common Misconceptions About EB-1A:
Myth 1: “I need a PhD or Nobel Prize”
Reality: Many successful EB-1A beneficiaries have bachelor’s or master’s degrees and work in corporate settings.
Myth 2: “I need to be world-famous”
Reality: You need to demonstrate sustained acclaim in your field, which can be achieved through consistent corporate contributions and recognition.
Myth 3: “Only researchers and academics qualify”
Reality: Software engineers, managers, finance professionals, and business leaders regularly obtain EB-1A approval.
Myth 4: “I can’t qualify because I work for someone else”
Reality: Critical contributions to major corporations are often more impressive than individual achievements.
Myth 5: “I need all 10 criteria”
Reality: You only need 3 out of 10, and many professionals already have them.
Strategic Advantages for Corporate Professionals:
If you’ve worked directly or indirectly for major U.S. corporations or clients for several years, you have significant advantages:
1. Established Organizations = Credibility
Working for Fortune 500 companies, major tech firms, leading financial institutions, or pharmaceutical giants provides instant credibility. USCIS recognizes these organizations’ rigorous hiring standards.
2. Documented Impact
Large corporations maintain detailed records of:
- Project documentation
- Performance reviews
- Revenue and cost-saving metrics
- Organizational structure
- Compensation data
3. Scale of Contributions
When your work impacts millions of users, billions in revenue, or critical infrastructure, it’s easier to demonstrate “major significance.”
4. Peer Recognition
Large organizations have formal recognition programs, awards, and promotion processes that serve as evidence of sustained acclaim
Timeline and Process:
Month 1-2: Case Evaluation and Strategy
- Analyze your qualifications against all 10 criteria
- Identify evidence you already have
- Develop strategy for strengthening your profile
- Begin gathering documentation
Month 3-4: Evidence Collection
- Obtain letters of recommendation
- Compile work samples and project documentation
- Gather publications and media mentions
- Document salary and awards
- Collect proof of judging activities
Month 5-6: Petition Preparation
- Draft detailed petition letter (typically 40-60 pages)
- Organize exhibits and supporting evidence
- Create index and table of contents
- Prepare I-140 forms and filing fees
Month 6-7: Filing
- File I-140 petition
- If current: File I-485, I-765 (EAD), I-131 (Advance Parole) concurrently
- Receive receipt notices
Month 10-12: Work Authorization
- Receive EAD and travel document
- Gain freedom to change employers (if 180+ days since I-485 filing)
Month 12-24: Adjudication
- I-140 approval (or RFE response if needed)
- I-485 processing
- Possible interview
- Green card approval
- Address every point raised by USCIS
- Provide additional evidence beyond what was originally submitted
- Strengthen weak criteria with new documentation
- Obtain supplementary expert letters addressing specific concerns
- Use comparative evidence showing your accomplishments relative to others
Who Should Consider EB-1A?
You’re an excellent candidate if you:
- Have 7+ years of professional experience in software, finance, management, or science
- Work or have worked for Fortune 500 companies or major corporations
- Hold senior or lead positions (Senior Engineer, Lead Developer, Manager, Director, VP, Principal Scientist)
- Earn $120,000+ annually ($150,000+ in high-cost areas)
- Have led significant projects or initiatives
- Can demonstrate quantifiable business impact
- Have received awards, recognition, or rapid promotions
- Currently stuck in EB-2/EB-3 backlog as Indian or Chinese national
- Want to self-petition without employer dependence
Free EB-1A Case Evaluation:
With 25+ years of expertise and hundreds of approved EB-1A cases, our firm has developed proven strategies for qualifying professionals across software, management, finance, and scientific fields.
Send your resume for a complimentary evaluation to determine:
- Which of the 10 criteria you already meet
- What evidence you currently have available
- Strategic recommendations for strengthening your case
- Timeline and likelihood of approval
- Whether you can port your existing EB-2/EB-3 priority date
- Your eligibility for concurrent I-140/I-485 filing
Why Work With Our Firm?
- 25+ years of immigration law experience
- Hundreds of successful EB-1A approvals
- Deep expertise in employment-based petitions for professionals in technology, biotechnology, pharmaceutical, financial, and corporate sectors
- Proven track record with complex RFE responses
- Strategic approach to evidence development and presentation
- Understanding of USCIS adjudication standards
- Experience with priority date porting and concurrent filing strategies
Special Focus: Indian and Chinese Nationals:
The EB-2 backlog for India currently shows priority dates from 2012, representing a 13+ year wait from filing to green card. Chinese nationals face similar multi-year delays. Many professionals in this situation don’t realize they may already qualify for EB-1A.
If you filed EB-2 in 2015-2020:
- You’re facing potentially 15-20+ years total wait time
- You can likely file EB-1A now and get your green card in 18-24 months
- You keep your original priority date
- You can change employers during the process
Take Action Now:
The combination of current EB-1A priority dates and your accumulated professional experience creates a unique window of opportunity. Don’t wait another decade when you might qualify for your green card now.
Contact Us for Your Free Case Evaluation
Don’t let another year pass stuck in the EB-2/EB-3 backlog. If you’re a software engineer, manager, finance professional, or scientist who has been contributing to major U.S. organizations, you may already meet the EB-1A criteria.
Submit your resume today for a no-obligation assessment of your EB-1A eligibility and learn how you can leverage 25+ years of proven immigration expertise to achieve your American Dream faster.
The journey to your green card may be shorter than you think.
Disclaimer: This article provides general information about EB-1A extraordinary ability petitions and should not be construed as legal advice. Each case is unique and requires individualized assessment. USCIS approval cannot be guaranteed, and past results do not predict future outcomes. Please consult with a qualified immigration attorney for advice specific to your situation.November 2025 Visa Bulletin: Minimal Family-Based Advances, No Employment-Based Movement
The U.S. Department of State (DOS) has released the November 2025 Visa Bulletin, showing very limited forward movement in the family-sponsored preference categories and no movement at all in the employment-based categories. USCIS has confirmed that for November 2025, applicants must use the “Dates for Filing” chart—not the Final Action chart—for both family-based and employment-based adjustment of status filings. Overview: Little to No Progress Across the Board: The November Visa Bulletin reflects a continuation of the slow visa number usage seen in recent months.- Family-Based Charts: Minimal forward movement—mostly measured in weeks rather than months.
- Employment-Based Charts: Completely stagnant, with no advancement across any preference categories.
F2B (Unmarried Sons and Daughters of LPRs):
- Worldwide, China, and India advance 1 week, from Nov. 22, 2016 → Dec. 1, 2016.
F3 (Married Sons and Daughters of U.S. Citizens):
- Mexico advances 2 weeks, from Apr. 15, 2001 → May 1, 2001.
F1 (Unmarried Sons and Daughters of U.S. Citizens):
- Mexico moves forward 4 months, from Oct. 8, 2006 → Mar. 1, 2007.
F2A (Spouses and Children of LPRs):
- Worldwide, China, India, Mexico, and Philippines advance 1 month, from Sep. 22, 2025 → Oct. 22, 2025.
F2B:
- Worldwide, China, India advance 2+ months, from Jan. 1, 2017 → Mar. 8, 2017.
- Mexico advances 5 months, from Dec. 15, 2008 → May 15, 2009.
F3:
- Mexico advances 2 weeks, from Jun. 15, 2001 → Jul. 1, 2001.
- Philippines advances 3 months, from Aug. 1, 2005 → Nov. 1, 2005.
Overall, the family-based charts demonstrate only incremental progress, with backlogs remaining severe for long-pending categories—particularly for Mexico and the Philippines.
Employment-Based Categories: No Movement:
The Employment-Based (EB) Final Action and Filing Date charts show zero advancement in all categories (EB-1 through EB-5).
This marks another month of stagnation, reflecting continued high demand, limited visa availability, and global retrogression pressures following FY 2025’s heavy visa usage.
Religious Worker (EB-4 “SR”) Category Remains Unavailable:
The Employment Fourth Preference for Certain Religious Workers (SR) category remains “Unavailable” in November 2025.
The category had been extended only until September 30, 2025, under H.R. 1968, signed March 15, 2025. With no further legislative renewal, the SR classification has lapsed pending congressional action.Diversity Visa (DV-2026) Program Update
The November Visa Bulletin provides an update on the DV-2026 Diversity Visa Lottery, conducted under INA § 203(c):
- Total selectees: Approximately 129,516 individuals (including derivatives) chosen from 20,822,624 qualified entries.
- Visa availability: Up to 55,000 immigrant visas worldwide for FY 2026.
- Top countries by selectee volume: Egypt, Algeria, Russia, and Sudan (each exceeding 5,000 selectees).
- Regional allocation: A maximum of 7% per country.
- Ineligible countries: Bangladesh, Brazil, Canada, China (including Hong Kong SAR), Colombia, Cuba, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, and Vietnam.
Cut-off numbers for November 2025 versus December 2025 show only one change—Algeria increases from 14,500 to 17,250.
Deadline reminder: All selectees must complete processing or adjustment by September 30, 2026, or lose eligibility. Once all DV-2026 numbers are exhausted, no further visas will be issued.
Special Immigrant Visa (SIV) Advisory: The bulletin again includes an advisory for current and former U.S. government employees abroad awaiting Special Immigrant Visas (SIVs). A provision in the National Defense Authorization Act (NDAA), enacted December 22, 2023, may affect certain applicants. However, Iraqi and Afghan nationals applying under SQ and SI classifications are not impacted. Applicants should contact their respective consular posts where Form DS-1844 was filed for case-specific guidance. Summary: The November 2025 Visa Bulletin continues the trend of limited forward movement amid high global demand and visa number constraints.- Family categories see only minor advances, primarily in F2B and F3.
- Employment categories remain frozen across all preference levels.
- Religious Worker visas stay unavailable, and Diversity Visa selectees are urged to act quickly before numbers run out.
Stakeholders should continue to monitor monthly updates and prepare filings based on the Dates for Filing charts as instructed by USCIS.
Admission for Adjustment of Status under Immigration and Nationality Act (INA) § 245(a)
The U.S. Citizenship and Immigration Services has issued a new policy alert — PA-2025-25 — clarifying the agency’s interpretation of “admission” under Section 245(a) of the Immigration and Nationality Act (INA). The update reflects the Supreme Court’s 2021 decision in Sanchez v. Mayorkas, 141 S.Ct. 1809 (2021).
Key Change:
USCIS now explicitly states that a grant of U-visa nonimmigrant status (for example, the U classification) to an individual who is already present in the United States does not constitute an “admission” for the purposes of adjusting status under INA § 245(a). In other words, simply receiving U-status while in the U.S. is not enough to satisfy the “inspected and admitted or inspected and paroled” requirement of § 245(a).
Background & Statutory Context:
- Under INA § 245(a), an alien seeking adjustment of status must generally have been “inspected and admitted or inspected and paroled” into the United States.
- In the Sanchez decision, the Supreme Court held that for Temporary Protected Status (TPS) recipients, the conferral of TPS did not by itself count as an “admission” for purposes of § 1255 (the adjustment statute).
- USCIS’s alert now extends that interpretation to the U nonimmigrant classification — reflecting the Court’s distinction that a nonimmigrant status grant does not automatically equate to an admission.
What the Alert Means in Practice:
- Applicants who entered the U.S. without inspection and were later granted U nonimmigrant status cannot rely on that U-status alone to meet the “admitted” requirement under § 245(a).
- The policy does not affect those who entered the U.S. with inspection and admission via a U nonimmigrant visa, or those who adjust via other statutory provisions (such as INA § 245(m)) specifically for U nonimmigrants.
- The update is effective immediately and applies prospectively to applications adjudicated on or after publication of this policy in the USCIS Policy Manual.
Implications for Practitioners & Applicants:
- Law firms and immigration counsel must review pending or future adjustment-of-status cases where the beneficiary’s only claim to “admission” is via an in-U.S. change of status to the U classification.
- Employers, petitioners and representatives should ensure that the inspection/admission tracks are clearly documented, especially in cases of U-status beneficiaries seeking adjustment under § 245(a).
- Although this does not preclude adjustment entirely for U nonimmigrants (via § 245(m) if eligible), it underscores the need to analyze carefully which statutory path the applicant is using.
- This policy may lead to increased scrutiny in adjudications of adjustment applications and possibly heightened denial risk where admission requirements are not clearly satisfied.
Conclusion:
With Policy Alert PA-2025-25, USCIS fortifies the legal line drawn by the Supreme Court in Sanchez, reinforcing that the grant of nonimmigrant status (such as U status) is not equivalent to an admission for § 245(a) purposes.
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.
