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We believe many of us have already seen the recent policy memo regarding adjustment of status (AOS). After reading the memo and also listening to different immigration experts discuss it, we noticed that most interpretations generally followed a fairly consistent pattern and point in a similar direction. We believe that adjustment of status is considered a discretionary immigration benefit rather than an automatic right. The memo appears to place stronger emphasis on factors

Filing for EB-1A as an F-1 student or early-career professional, especially now that EB-2 NIW is current, should be approached with caution, even if you appear to meet multiple evidentiary criteria. EB-1A petitions are evaluated through a two-step analysis: Initial Criteria Assessment You must meet at least 3 of the 10 regulatory criteria for extraordinary ability. Final Merits Determination The USCIS officer evaluates the petition in its entirety to determine whether you h

The March 2026 Visa Bulletin, issued by the U.S. Department of State, brings significant and long-awaited relief for Employment-Based Second Preference applicants, particularly those filing under the EB-2 National Interest Waiver (NIW) category. For the first time since November 2022, the EB-2 “Dates for Filing” chart is current for most countries. This development creates powerful advantages for both current and prospective EB-2 NIW applicants — whether inside or outside the

Vertex Consult wishes to inform prospective and current clients that the U.S. Citizenship and Immigration Services (USCIS) has announced an increase in the premium processing fee for Form I-140 immigrant petitions, from $2,805 to $2,965, effective March 1, 2026. This adjustment is part of USCIS’s biennial inflation-based fee review. For more inf

USCIS will continue to accept and process Form I-140 petitions, including EB-1A and EB-2 NIW filings, from nationals of countries affected by Presidential Proclamation 10998. However, pursuant to the January 1, 2026 USCIS Policy Memorandum, final adjudication of these petitions may be temporarily placed on hold while enhanced security, identity, and background reviews are conducted. Although this policy may result in longer processing times, it does not prohibit approval of I

On September 19, 2025, a presidential proclamation introduced a significant change to the H-1B visa program titled “Restriction on Entry of Certain Nonimmigrant Workers,” requiring a $100,000 fee for all new H-1B petitions filed for workers outside the United States. This fee does not apply to existing H-1B holders, renewals, or individuals already in the U.S. seeking a change of status. The policy is effective for 12 months, with the possibility of extension, and includes li

Once upon a time, applicants filing for employment-based green cards such as EB-1A or EB-2 NIW filled out their I-140 petitions and paid the filing fee by enclosing a paper check or a money order. The envelope traveled through the postal system; the check was manually removed, processed, scanned, and deposited. For many applicants and petitioners, this approach meant waiting, worrying about lost mail, and hoping the payment arrived in time and cleared without glitch. In 2025,

Navigating the U.S. immigration system can feel overwhelming, especially when it comes to employment-based visas. Among the most...