News & Analysis as of

EB-1

Robinson Immigration Law

Extraordinary Ability Paradox: Arguing O-1A and EB-1 Petitions for AI Founders Without Traditional Markers of Success

As U.S. immigration adjudications increasingly intersect with emerging technology, founders developing high-impact artificial intelligence products face a persistent disconnect between innovation and evidentiary standards. AI...more

Robinson Immigration Law

District Court Rules that USCIS’s EB-1A “Final Merits” Framework is Unlawful

On January 28, 2026, the U.S. District Court for the District of Nebraska issued a decision in Mukherji v. Miller, No. 4:24-CV-3170, ruling that USCIS’s two-step EB-1A adjudication framework—specifically the “final merits...more

Gibney Anthony & Flaherty, LLP

Federal Court Pushes Back on USCIS EB-1A Adjudication Framework

On January 28, 2026, a federal court issued a significant decision limiting USCIS’s authority to deny EB-1A Extraordinary Ability immigrant petitions based on its long-standing “final merits determination” framework. ...more

Gibney Anthony & Flaherty, LLP

February 2026 Visa Bulletin Released: What Employers Need to Know

The Department of State released the February 2026 Visa Bulletin and USCIS will continue to accept employment-based Adjustment of Status applications based on the more favorable Dates for Filing chart. For February 2026, all...more

Morgan Lewis

US Department of State Releases February 2026 Visa Bulletin

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The US Citizenship and Immigration Services (USCIS) will use the Dates for Filing Chart for Employment-Based Adjustment of Status Applications in February 2026. The Dates for Filing chart shows moderate advancement in the...more

Fisher Phillips

The Visa Bulletin for February: Dates for Filing Chart and an Employer’s Immigration Action Plan

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Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This...more

Dickinson Wright

Trump Gold Card or Pyrite Card Program – Which Is It?

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On September 19, 2025, the Trump Administration created, via Executive Order, new immigrant options for investors to acquire permanent residence via the Trump Gold Card program, which is overseen by the U.S. Department of...more

Ice Miller

The Gold Card Immigration Program

Ice Miller on

Last month, the United States Citizenship and Immigration Services (USCIS) began accepting immigrant petitions as part of the Gold Card Program created under President Trump’s Executive Order in September....more

Parker Poe Adams & Bernstein LLP

Immigration Gets More Expensive and Competitive: Trump Gold Cards and Weighted H-1B Cap

The Trump administration announced key business immigration policy changes in the last weeks of 2025. These developments build on prior announcements involving the “Trump Gold Card” program offering a high-cost path to...more

Morgan Lewis

US Department of State Releases January 2026 Visa Bulletin

Morgan Lewis on

The US Citizenship and Immigration Services (USCIS) will use the Dates for Filing chart for Employment-Based Adjustment of Status Applications in January 2026. The Dates for Filing chart shows moderate EB-1 and EB-2...more

Alston & Bird

Trump Gold Card Program Debuts as New Immigration Pathway

Alston & Bird on

The Gold Card program creates a new route to permanent U.S. residence by allowing applicants to qualify through $1 million and $2 million payments rather than traditional EB-1 or EB-2 criteria. Our Immigration Team breaks...more

Dickinson Wright

Rising Scrutiny in Employment-Based Visas: What Employers Must Prepare For

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In today’s competitive global talent environment, employment-based nonimmigrant and immigrant visa categories remain essential tools for U.S. employers trying to attract, transfer, or retain high-skilled professionals....more

Saul Ewing LLP

Latest Updates on the Gold Card Program

Saul Ewing LLP on

In advance of the 90-day deadline stipulated under President Trump’s Executive Order No. 14351 (the "Executive Order"), the Department of Homeland Security, through United States Citizenship and Immigration Services...more

Morgan Lewis

US Department of State Releases December 2025 Visa Bulletin

Morgan Lewis on

The US Citizenship and Immigration Services (USCIS) will use the Dates for Filing Chart for Employment-Based Adjustment of Status Applications in December 2025. The Dates for Filing chart shows no movement, but there is...more

Gibney Anthony & Flaherty, LLP

December 2025 Visa Bulletin Released: What Employers Need to Know

The Department of State released the December 2025 Visa Bulletin and USCIS will continue to accept employment-based Adjustment of Status applications based on the Dates for Filing chart. For December 2025, all categories will...more

Fisher Phillips

The Visa Bulletin for December: Dates for Filing Chart and an Employer’s Immigration Action Plan

Fisher Phillips on

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This...more

Mayer Brown

Inside the Gold Card Program—U.S. Residency Pathways for Private Clients

Mayer Brown on

In this episode of The Inside Track, hosts Grace Shie and Morgan Bailey discuss the White House’s new Gold Card program: three U.S. residency pathways for high-net-worth individuals, family offices, and corporations. These...more

Gibney Anthony & Flaherty, LLP

November 2025 Visa Bulletin Released: What Employers Need to Know

The Department of State released the November 2025 Visa Bulletin and USCIS will accept continue to accept employment-based Adjustment of Status applications based on the more advanced Dates for Filing chart. All categories...more

Morgan Lewis

Immigration Developments: EAD Auto-Extensions, H-1B $100K Fee Applicability, and the Gold Card

Morgan Lewis on

This LawFlash discusses recent developments in US immigration, including the end of auto-extension of employment authorization documents, clarification of the applicability of H-1B proclamation, and information on the...more

Morgan Lewis

US Department of State Releases November 2025 Visa Bulletin

Morgan Lewis on

The US Citizenship and Immigration Services (USCIS) will use the Dates for Filing for Employment-Based Adjustment of Status Applications chart in November 2025. The Dates for Filing and Final Action Dates charts both show no...more

Fisher Phillips

The Visa Bulletin for November 2025: Dates for Filing and an Employer’s Immigration Plan

Fisher Phillips on

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This...more

Pillsbury Winthrop Shaw Pittman LLP

Trump Administration Unveils the “Gold Card” Visa Program

The Gold Card allows individuals and corporations to fast-track the U.S. residency process by making a financial contribution to the United States. The new program would serve as means to satisfy the “exceptional ability”...more

Brownstein Hyatt Farber Schreck

Trump Issues Gold Card EO

On Sept. 19, President Trump issued an Executive Order (EO) creating the long-awaited Gold Card visa program, which facilitates the entry of “aliens who have demonstrated their ability and desire to advance the interests of...more

Gibney Anthony & Flaherty, LLP

EB-1, EB-2 and EB-3 Immigrant Visa Categories Unavailable After Reaching Annual Limit for FY 2025

The Department of State has confirmed that the annual limit for the EB-1, EB-2 and EB-3 immigrant visa categories has been reached for FY2025. Accordingly, no immigrant visas or green cards will be issued for the remainder of...more

Carlton Fields

New Employment-Based Immigration Executive Actions Restricting Eligibility and Enhancing Enforcement

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In the past week, government officials have issued four directives that would radically transform employment-based immigration to the United States. The actions would restrict immigration options for highly skilled workers,...more

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