Immigration News & Updates
-Recent Immigration Updates-
Important USCIS Policy Update Regarding Adjustment of Status Applications
Dear Clients,
We want to make you aware of a significant new USCIS policy memorandum (PM-602-0199) issued today regarding the agency’s exercise of discretion in adjudicating Adjustment of Status (“green card”) applications.
Although the memo is very new and most questions remain unanswered, the language of the memorandum appears to signal a much more restrictive approach to approving green card applications going forward. At this time, we do not know if, or how, it will affect your specific case or the cases of your employee(s). We cannot answer case specific questions at this time until further guidance is issued. To understand more about the memo, please read below:
Historically, if an applicant was otherwise eligible for Adjustment of Status and admissible to the United States, USCIS generally exercised discretion favorably in approving the green card absent serious negative factors such as fraud, criminal issues, immigration violations, or national security concerns. This new memorandum appears to shift that framework by emphasizing that Adjustment of Status is a discretionary benefit and suggesting that officers should approve applications only where they determine approval is affirmatively warranted and in the interests of the United States.
In particular, the memo repeatedly references the concept that discretionary approval should align with U.S. national interests, public benefit considerations, and favorable discretionary factors. Some portions of the memo have been interpreted as suggesting that USCIS may move away from the prior assumption that otherwise eligible applicants would generally receive favorable discretion.
The memo does contain language discussing individuals in dual intent visa classifications such as H-1B and L-1 status. However, Footnote 20 specifically states that merely holding H or L status does not guarantee a favorable exercise of discretion. This language has raised concern because many employment-based applicants historically viewed maintenance of H or L status as a strong positive factor in the Adjustment of Status process.
At this time, we do NOT yet know:
- how aggressively USCIS officers will apply this guidance;
- whether the policy will primarily affect certain categories of cases;
- what specific discretionary factors officers will prioritize;
- whether Requests for Evidence or denials will increase;
- whether this policy will face legal challenges; or
- whether additional clarification from USCIS will follow.
Importantly, the memo does not state that all Adjustment of Status applications will be denied absent extraordinary circumstances. However, the language used in the memorandum suggests that USCIS may intend to apply a significantly heightened discretionary standard in at least some cases.
Because this policy was only released today, there is currently very little information regarding how it will be implemented in actual adjudications. Immigration attorneys across the country are actively analyzing the memo and monitoring for early case trends.
Our office is closely tracking developments and will continue to keep clients informed as we learn more about how USCIS interprets and applies this new policy in practice.
We understand that this is very stressful and are here to assist. **If you or your employee have an already scheduled green card interview, please reply back to this email to let us know. Otherwise, we appreciate your patience while this all unfolds.
Best regards,
Schwartz Posel Immigration Law Group
Know Your Rights: Protecting Yourself During ICE Immigration Encounters
Download & Print PDFs
Your Rights at Home: What to do and what not to do
Your Rights at Work: What to do and what not to do
Your Rights in Public: What to do and what not to do
Everyone in the United States—regardless of immigration status—has certain rights under the U.S. Constitution. It is important for immigrants, visitors, temporary workers, and families to understand these rights so they can respond safely and confidently during any interaction with immigration officers, local police, or federal agents.
Our firm provides Know Your Rights flyers to help you understand what to do and what not to do during encounters at home, at work, in public, or at the border.
Key Rights Every Immigrant Should Know
- You have the right to remain silent. You do not have to answer questions about your immigration status, birthplace, or how you entered the U.S.
- You have the right to speak with an attorney. You do not have to sign any documents without legal advice.
- You have the right to refuse entry into your home unless an officer presents a valid warrant signed by a judge.
- You have the right to stay calm and not resist, even if you believe the actions are unlawful—your attorney can challenge violations afterward.
- You have the right to carry a prepared “Know Your Rights” card to use if you choose not to speak.
Why This Matters
Immigration enforcement actions can be stressful and confusing. Knowing your rights ahead of time helps protect you, your family, and your immigration case. These flyers are designed to give you clear, step-by-step guidance on what to expect and how to respond.
Please download and share the attached Know Your Rights flyers with your family, workplace, and community. If you have questions about what to do in a specific situation, our office is here to help.
International Travel for Eligible Noncitizens:
If you are a noncitizen (including a Lawful Permanent Resident (LPR or Green Card holder)) who is eligible to return to the United States after temporary international travel (meaning that you are not subject to a “Travel Ban,” have a valid (unexpired and not revoked) Green Card, nonimmigrant visa, parole document, etc., are not inadmissible (ineligible to enter the United States, such as due to a criminal or immigration violation), etc., please see below for our general advice about seeking admission (including readmission) to the United States at this time:
Generally speaking, while such a noncitizen should be eligible to return to the U.S. after temporary international travel, unfortunately, we cannot guarantee anything right now.
So, in general, such individuals may wish to consider limiting their travel to “essential” travel. As for what is “essential,” that is up to each individual.
Also, noncitizens generally do not have the right to immigration counsel at the airport.
If you wish to discuss your eligibility to return to the United States after temporary international travel, please contact our office.
Change of Address:
By law, all noncitizens other than A and G visa holders and visa waiver (ESTA) visitors – including Lawful Permanent Residents (LPRs or Green Card holders) — must inform USCIS of their change of address within 10 days of moving, even if they do not have a pending benefit request (application or petition) with USCIS. Please see https://www.uscis.gov/
Even if you inform USCIS of your own change of address, you must inform our office of your change of address, such as by emailing the point of contact on your case. Also, if informing USCIS of your own change of address and you have a pending benefit request (application or petition pending with USCIS), be sure to update your address on your pending benefit request. This includes benefit requests filed by United States citizens and those noncitizens otherwise exempt from the requirement to inform USCIS of their changes of address.
If you wish for our office to inform USCIS of your change of address and/or update your address on your pending benefit request, please contact the point of contact on your case. Please note that there is typically an additional fee charged for us to inform USCIS of your change of address.
June 2025 U.S. Travel Ban — What Immigrants Need to Know
On June 4, 2025, the U.S. President issued Presidential Proclamation 10949, titled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats.” It went into effect at 12:01 a.m. EDT on June 9, 2025 and restricts entry for citizens of certain countries, mainly based on national security and public-safety concerns.
Countries with a full travel ban
Nationals of these countries are generally not allowed to enter the U.S. under any visa category (immigrant or non-immigrant)—unless they qualify for an exception:
- Afghanistan
- Burma (Myanmar)
- Chad
- Republic of the Congo
- Equatorial Guinea
- Eritrea
- Haiti
- Iran
- Libya
- Somalia
- Sudan
- Yemen
Countries with partial restrictions
Nationals of these countries face additional limits on many visas (including tourist, student, exchange, and most immigrant visas) but are not fully banned:
- Burundi
- Cuba
- Laos
- Sierra Leone
- Togo
- Turkmenistan
- Venezuela
Key Exceptions (people who can still enter or are not subject to the ban)
The proclamation does not apply to:
✔ U.S. lawful permanent residents (green card holders)
✔ Dual nationals using a passport from a country not on the list
✔ Foreign nationals traveling on diplomatic or official visas
✔ Certain immediate relatives of U.S. citizens (with proof of relationship)
✔ Adoptions by U.S. citizens
✔ Some special immigrant visas (e.g., Afghan SIVs)
✔ Athletes, coaches, and support personnel traveling for major sporting events (like the 2026 FIFA World Cup)
BE AWARE: The ban applies to foreign nationals who are outside the United States on June 9, 2025 and do not already hold a valid visa to enter the U.S. on that date.
USCIS Pauses Immigration Case Decisions for 19 Countries
December 2025
The Trump administration has directed U.S. Citizenship and Immigration Services (USCIS) to pause adjudication of most immigration benefit applications for individuals connected to 19 designated “high-risk” countries identified in the June 2025 travel-ban proclamation.
This means USCIS will continue to accept filings—including extensions, changes of status, work permits, green card applications, and naturalization applications—but final decisions may be delayed indefinitely. No timeline has been provided for when adjudications will resume.
Countries Affected
Full travel-ban countries:
Afghanistan, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen
Partial travel-ban countries:
Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, Venezuela
Important Note for Dual Citizens
This adjudication pause applies even to individuals who hold citizenship in a second country not on the list. For USCIS purposes, being born in or holding nationality from one of the 19 affected countries is enough to trigger the pause.
This Means for Applicants
- Applications can and should still be filed on time to preserve legal status.
- Cases may move forward procedurally (receipts, biometrics, RFEs), but USCIS is not issuing final decisions while this policy is in effect.
- Significant delays should be expected for pending and newly-filed applications.
- Some previously approved benefits may be subject to re-review under the updated security screening procedures.
Our firm continues to monitor these developments closely and advise clients on how the policy affects their case strategy. If you believe this may impact your situation, please contact our office for individualized guidance.
$100,000 Fee for Certain H-1B Petitions
(Effective September 21, 2025)
As of September 21, 2025, the U.S. government has implemented a one-time $100,000 supplemental fee that must be submitted with certain H-1B petitions before they can be adjudicated. This fee stems from a Presidential Proclamation and updated USCIS guidance aimed at restricting the entry of certain nonimmigrant workers into the United States.
When the $100,000 Fee Applies
The fee must be paid for new H-1B petitions filed on or after September 21, 2025 when all of the following are true:
- The petition is for an H-1B beneficiary who is outside the United States and does not already hold a valid H-1B visa, and
- The petition is intended to result in entry to the United States in H-1B status (e.g., visa issuance abroad, consular processing, port-of-entry notification or pre-flight inspection).
This effectively means that employers who file a new H-1B petition for a foreign national residing outside the U.S. on or after this date must include the $100,000 payment to be eligible for visa issuance or admission.
Who Is Not Subject to the $100,000 Fee
The fee does not apply in the following common situations:
- H-1B petitions filed before September 21, 2025;
- Beneficiaries with valid H-1B visas issued before the effective date;
- H-1B extensions, amendments, or changes of status for beneficiaries already in the United States in valid status, provided USCIS approves the request, even if the petition was filed after September 21, 2025
- Petitions for beneficiaries inside the U.S. that remain in lawful status and do not convert to consular processing; and
- Certain limited exemptions or national-interest exceptions granted at the Secretary’s discretion.
Why This Matters
This fee represents a significant new cost for employers hiring H-1B workers from abroad and must be factored into hiring planning and budgeting. For many foreign nationals and their employers, the filing strategy, timing, and beneficiary location (inside vs. outside the United States) can determine whether the fee is triggered.
If you’re considering sponsoring an H-1B worker, especially one currently overseas, our team can help you understand whether the new $100,000 fee applies to your case and how to comply with USCIS requirements.
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