Immigration News and Alerts
State Department Narrows Immigrant Visa Interviews
Beginning November 1, immigrant visa applicants will face stricter rules on where they can complete their consular interviews. The U.S. Department of State (DOS) announced that all applicants—across family-based, employment-based, and Diversity Visa categories—must now schedule interviews either in their country of residence or, if requested, in their country of nationality.
Exceptions will be extremely limited, granted only in cases of urgent humanitarian or medical need. The change is expected to reduce flexibility for applicants who previously relied on scheduling at alternate consulates with shorter wait times.
USCIS Granted Law Enforcement Powers
In a separate development, the Department of Homeland Security (DHS) finalized a rule expanding the authority of U.S. Citizenship and Immigration Services (USCIS). For the first time, the agency—historically tasked with processing immigration benefits such as green cards, citizenship applications, and asylum requests—will be able to recruit armed “special agents.”
These agents will have the power to:
- Investigate and arrest individuals suspected of immigration violations
- Carry firearms and execute search or arrest warrants
- Order expedited removals in certain cases
Officials say the move, authorized under DHS Secretary Kristi Noem, will allow USCIS to more aggressively combat fraud and strengthen coordination with other law enforcement agencies. Critics, however, warn that it blurs the line between immigration services and enforcement, potentially impacting trust in the system.
Upcoming Changes to the U.S. Citizenship Test: What You Need to Know!
Recent announcements from the new Trump administration in 2025 indicate that significant changes may be coming to the U.S. naturalization (citizenship) test. Joseph Edlow, the newly appointed Director of U.S. Citizenship and Immigration Services (USCIS), has criticized the current test as “too easy” and not in keeping with the spirit of the law. His proposed revisions would bring back—and expand upon—the tougher test introduced in late 2020 during Trump’s first term.
🔍 What Are the Proposed Changes?
Increased Number of Questions
Applicants may soon need to correctly answer 12 out of 20 questions instead of the current 6 out of 10 to pass the civics portion of the test.
✅ Expanded Question Pool
The potential revision would expand the number of study questions from 100 to 128:
- 72 questions focused on U.S. government
- Remaining questions on history, symbols, and holidays
✅ Higher English Proficiency Requirement
The phrasing of questions may become more complex, requiring a stronger command of English and familiarity with less commonly known historical references.
✅ Removal of English Language Exemptions
There is discussion about eliminating English test exemptions currently available to long-term residents over certain age and residency thresholds, further increasing the difficulty for older applicants.
⚠️ Why This Matters
Advocacy groups and immigration attorneys have voiced concern that these changes will create unnecessary obstacles—especially for:
- Immigrants with limited formal education
- Applicants with less proficiency in English
- Elderly residents who previously qualified for exemptions
Even well-prepared applicants may face additional challenges due to the larger study pool, complex English, and the higher number of correct answers required.
💬 Final Thoughts
These changes are part of the administration’s broader effort to tighten legal immigration policies and could affect thousands of lawful permanent residents preparing for U.S. citizenship. If you or someone you know is planning to apply for naturalization soon, now may be the best time to do so before these changes are implemented. At Ghoshal Law PLLC, we are closely monitoring these developments and can help guide you through your naturalization journey. Schedule a consultation today.
What is the Affirmative Relief Announcement by President Biden on June 18 2024
RELIEF FOR UNDOCUMENTED SPOUSES AND CHILDREN OF US CITIZENS!
Undocumented spouses and children of U.S. citizens who have been living in the United States for at least 10 years may be eligible to apply for your green card without leaving the United States, if, as of June 17, 2024:
• You are in the United States after entering without inspection;
• You have lived in the United States for at least 10 years and have never left;
• You are legally married to a U.S. citizen or have a qualifying stepchild relationship with a U.S. citizen; and
You do not have certain criminal history or pose a threat to national security or public safety.
If you meet these criteria, the government MAY grant you parole-in-place.
• Parole would be granted for a one-time period of three years.
• You may also be eligible for
employment authorization for up to three years.
• If you are granted parole, you may apply for your green card within three years of approval.
*Eligibility is determined on a case-by-case basis.
RELIEF FOR DACA RECIPIENTS AND DREAMERS !
College-educated DACA recipients and Dreamers who are qualified for nonimmigrant status, such as an H-1B specialty occupation visa.
• You may be eligible to apply for a temporary visa more easily, if:
• You have a degree from an accredited U.S. institution of higher education; and
• You have an offer of employment from a U.S.
employer in a field related to your degree.
Changes to USCIS Filing Fees
In early 2024, USCIS changed the filing fees for certain immigration and naturalization forms and also released new versions of several forms. According to USCIS, the new fees will help to cover more of its operating costs and support faster processing of new applications.
These updated fees and forms will become effective on April 1, 2024. USCIS will accept prior editions of most forms during a grace period from April 1, 2024, through June 3, 2024. But some of the new forms with revised fees will not have a grace period. For a full list of revised forms and fees, visit https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule
Key updates you should be aware of:
A change to how fast USCIS must process premium processing applications from calendar days to business days.
USCIS will only accept applications or petitions with the new filing fees after April 1, 2024.
A $50 discount for filing an application online if online filing is available.
Separate filing fees for work authorization and travel documents when filed with a green card application.
New fee exemptions for certain categories, including Special Immigrant Juveniles, victims of human trafficking, U.S. military service members, and families pursuing international adoption.
Expansion of a reduced fee for naturalization applications for individuals who can demonstrate their household income is less than or equal to 400% of the Federal Poverty Guidelines.
Biometric fees will no longer be charged separately (except for TPS- and EOIR-filed applications).
Fee discounts for nonprofit organizations, small business employers, and specific applicant groups.
A new Asylum Program Fee payable by employers filing either a Form I-129, Form I-129CW, or Form I-140.
USCIS extends flexibility for responding to agency requests.
In response to the coronavirus pandemic, USCIS is extending the flexibilities it announced on March 30, 2020, to assist applicants, petitioners, and requestors who are responding to certain: requests for evidence, notices of intent to revoke/deny/rescind, and filing dates for a variety of forms. This flexibility applies if the issuance date listed on the request, notice, or decision is between March 1, 2020, and Jan. 31, 2021.
DHS prepares to collect more biometrics from immigrants.
On Tuesday, DHS advanced a proposal to expand biometrics collections for immigrants and their American sponsors, amid criticism that the policy would threaten privacy rights. Under the proposed rule, released in September, the government would collect more types of biometric data from immigrants and from more people, including U.S. citizen sponsors and children. Currently, DHS collects fingerprints, photographs and a signature from foreign citizens requesting certain immigration benefits. The new rule would also collect iris scans and facial recognition. The finalized version of the rule was sent to the White House budget office, and may be finalized before the end of the Trump administration in January.
DIVORCE PRIOR TO OATH CEREMONY CAN RESULT IN DENIAL OF 319 CITIZENSHIP APPLICATION
USCIS recently clarified that lawful permanent residents applying to naturalize on the basis of marriage to a US Citizen must not only demonstrate “living in marital union” with their spouse three years immediately prior to filing, but also that termination of the marriage at any time prior to the Oath of Allegiance renders an applicant ineligible.
USCIS updates discretionary criteria for interview determinations of adjustment of status for refugees or asylees.
On Tuesday, USCIS announced updated guidance expanding the discretionary criteria USCIS officers use to determine whether to interview applicants filing Form I-485 based on refugee or asylee status. The updated criteria are within the parameters of USCIS’ regulatory authority to determine, on a case-by-case basis, whether an interview is necessary to determine the admissibility of an alien applying for lawful permanent resident status under INA § 209. The updates do not change the eligibility requirements to adjust status.
USCIS officially announces reinstated DACA.
USCIS announced on Monday that, as a result of an order from a federal judge in NY, it is reinstating the DACA program effective Dec. 7. As a result, USCIS is now accepting first time DACA applications, DACA renewals, applications for advance parole, extending one-year grants of deferred action under DACA to two years, and extending one-year EADs under DACA to two years. DHS may still seek relief under the judicial order.
Federal judge nixes new rules restricting H-1B visas.
A federal judge ruled that the Trump administration cannot use the Covid-19 pandemic to justify sudden visa restrictions affecting thousands of professionals working in the U.S. on H-1B visas. On Oct. 6, the DHS and the Dept. of Labor issued new constraints on the H-1B visa program without going through the required notice and comment period. The judge found the pandemic and resulting economic crisis no excuse for the government to shirk its notice and comment obligations, siding with a coalition of business groups that oppose the rules, including the U.S. Chamber of Commerce.
New DOL and DHS Rules Set Aside by Federal Court
On December 1, 2020, a California District Court set aside the Department of Labor (DOL) and Department of Homeland Security (DHS) rule intended to increase prevailing wages and restrict the eligibility for H-1Bs. The district court determined that the agencies did not follow proper rule-making procedures thereby violating the Administrative Procedures Act. At this time, it is unknown whether the government will appeal the case. The DHS rule was set to take effect on December 7th.
Until DOL and DHS executes the changes in accordance with the court’s decision, we will not have a comprehensive overview of when the prevailing wages will revert to normal and whether determinations with higher salaries will be reissued. It is yet to be determined how the agencies will proceed with implementing the order.
COVID-19 Related News
Adjustment of Status During COVID-19
Thousands of U.S. visa holders apply for an adjustment of status every year to obtain their green card and become permanent residents. However, the spread of COVID-19 has significantly impacted the U.S. immigration system. If you are a visa holder who is currently present in the United States, you might be wondering if you can still apply for an adjustment of status amidst the current health crisis.
If you want to obtain an adjustment of status during the COVID-19 pandemic, you need an experienced attorney who can guide you through the process so that they can help you get the most favorable outcome possible.
Change of Status Filings During COVID-19
According to the Department of Homeland Security (DHS), there have been many immigration-related challenges due to the COVID-19 pandemic. For such reasons, the U.S. Citizenship and Immigration Services (USCIS) continues to accept and process applications and petitions. If you are a nonimmigrant and your admission will expire soon, you have options to remain in the United States. Below we have put together the options that are available for nonimmigrants:
Apply for an Extension: Since many nonimmigrants might have to remain in the United States beyond their authorized period stay due to COVID-19, they can apply for an extension of stay (EOS) or a change in status (COS).
Get an Employment Extension: If you still have the same employer sponsoring you and still have the same terms and conditions of the prior approval, you will automatically get an extended period of 240 days after filing the stay request.
Travel to the United States
With the Presidential Proclamation 9993, foreign nationals present in 26 countries that compromise the Schengen Area have suspended entry. Foreign nationals cannot travel to the United States with Presidential Proclamation 9993 is in effect, unless you meet an exception. The travel restriction doesn’t apply to U.S. citizens, U.S. lawful permanent residents, some immediate family members of U.S. citizens, and other individuals identified explicitly in the proclamation.
Applying for a U.S. visa during the COVID-19 pandemic
On June 22, 2020, the Department of State announced that they won’t be issuing immigrant visas, with certain exceptions, until December 31, 2020. This proclamation suspends entry into the United States of certain immigrants who present a risk to the U.S. labor market during the economic recovery following the COVID-19 outbreak. U.S. citizens, lawful permanent residents, and those with a valid visa issued before April 23, 2020, won’t be affected.
Exceptions to the recent immigration ban
Exceptions include immigrants seeking to enter as healthcare professionals, spouses, children, prospective adoptive children of U.S. citizens, and certain Special Immigrant Visa applicants
Having an immigrant visa is not the same as being a Legal Permanent Resident
Having a U.S. visa is not the same as being an LPR. To obtain a green card and become a permanent resident, you need to apply for an adjustment of status once you are in the United States. You can’t apply for a Permanent Resident Card outside the U.S.
Lawful Permanent Resident (LPR) outside the United States lose a green card
Thankfully, the recent immigration ban doesn’t apply to lawful permanent residents. However, green card holders who remain outside the United States for more than 12 months may lose their lawful permanent resident status. If you’re worried about losing your green card, you should contact us to learn more about the application process to extend your stay.
Work Visa Questions
How to Get a U.S. Work Visa
Unfortunately, most employment visas require you to have a job offer and an employment sponsor to obtain a work visa. Part of the U.S. visa application process requires an employer to file a petition on your behalf. That is why most applicants are unable to get a U.S. work visa without an employer sponsor. In the past, many foreign immigrants were using fake business sponsors to enter the United States. Now, the USCIS is more thorough in the application process to ensure that the employer is part of a bona fide business.
However, not all U.S. work visas require an approved petition filed on your behalf. Some permanent work visas don’t need a job offer and a sponsor in the United States. Below are the employment visas that you can get without sponsorship:
EB-1A: An EB-1A visa is for those who have exceptional and extraordinary expertise in sciences, education, arts, business, or athletics. This work visa can also be for multinational managers and executives. The applicant must demonstrate that they are at the top of their field. For example, they will need to present publications, awards, business portfolios, letters of recommendation, and more. Since this is a highly selective visa, you will need the help of an experienced attorney to strengthen your candidacy.
EB-5: An EB-5 visa is for people who invest a substantial amount in American corporations. The person hoping to earn this type of visa must invest in the United States economy, and this investment should generate jobs for U.S. workers. Thus, this visa doesn’t require a job offer or a sponsorship.
O Visa: The O visa is intended to expedite entry into the U.S. for individuals with special achievement or ability in their fields. O-1A visas for Individuals of extraordinary ability or achievement in education, science, business, or athletics. O-1B visas for individuals of extraordinary ability in the arts, motion picture, television, or entertainment industry.
Steps to apply for a H-1B Visa
Step 1: Identify a Sponsor – a company that will sponsor your H-1B
Step 2: Apply for Jobs – If you’re given a position, then you can start your visa application process.
Step 3: Contact an Immigration Attorney to explore your specific case and ensure that your application process goes smoothly with chances of a positive outcome
Step 4: File an H-1B Petition Your employment sponsor is now eligible to file a petition on your behalf. You and your employer will need to submit the required documents to complete the application process.
Step 5: Receive an Approval Notice – Once your visa application has been submitted, you need to wait to hear back from the USCIS to receive an approval notice.