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Fast Facts Friday: Promotions and Job Title Changes Can Trigger Filings

1/16/2026

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Why internal HR changes should always be reviewed through an immigration lens.

Promotions, raises, and title changes are typically viewed as positive milestones.  However, for foreign national employees, even well-intentioned internal HR changes can create immigration compliance issues if they are implemented without review.

In employment-based immigration, job details matter. When those details change, immigration filings may need to change as well.

Why Job Changes Matter in Immigration Law

Many work visas are employer-specific and position-specific.  Approval is based on:
  • Job title and duties
  • Salary and wage level
  • Work location
  • Reporting structure

When any of these elements change, the terms of the approved petition may no longer match the employee’s actual role.

Common Changes That Can Trigger New Filings

Immigration review is often required when there is:
  • A promotion or demotion
  • A job title change, even if duties seem similar
  • A significant change in job responsibilities
  • A salary adjustment tied to new duties
  • A change in worksite or reporting structure

What appears to be an internal business decision can have legal consequences if it alters the basis of an approved petition.

Which Visa Types Are Most Affected

Job changes most commonly impact:
  • H-1B visas, which require amended filings for material changes
  • L-1 visas, particularly when managerial or executive duties shift
  • O-1 visas, when the role no longer aligns with the approved itinerary or scope

Failure to address these changes may result in noncompliance, even if the employee continues working for the same employer.

Why Timing Is Critical


Immigration filings often must be submitted before the job change takes effect.  Implementing changes first and reviewing later can:
  • Place the employee out of status
  • Create problems during extensions or renewals
  • Trigger issues during site visits or audits

Early review allows employers to maintain compliance without disrupting operations or employee advancement.

How Employers and Employees Can Stay Compliant

Best practices include:
  • Reviewing proposed changes before implementation
  • Involving immigration counsel in promotion and restructuring decisions
  • Training HR teams to flag changes that may affect visa status
  • Keeping immigration records aligned with actual job duties

Proactive planning protects both the employer and the employee.

Why This Matters

Promotions should move careers forward, not create legal risk. With proper review and planning, companies can support employee growth while maintaining immigration compliance.

At the Law Office of Julia L. Stommes, we help employers and foreign national professionals navigate promotions, role changes, and internal restructuring with clarity and confidence.
​
For guidance on how job changes may affect immigration status, contact us at [email protected]
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Immigration Update:  A Government Shutdown Is Looming — Here Is What It Means for Immigration

1/15/2026

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Congress is once again approaching a funding deadline at the end of January.  If lawmakers fail to act, the federal government will shut down — and immigration systems will feel the impact immediately.

While a shutdown has not yet begun, history makes one thing clear:  immigration services are often among the first to experience disruption, delay, and compounding backlogs.

USCIS Will Likely Stay Open — But That Does Not Mean Business as Usual

USCIS is funded primarily through filing fees, which means it will continue accepting and adjudicating cases during a shutdown. However:
  • Processing times often slow as interagency coordination breaks down.
  • Background checks and inter-agency reviews can stall.
  • Applicants must still meet all deadlines, including RFEs and interview notices.

A shutdown does not pause responsibility for applicants — it only adds friction.

Employment-Based Immigration Will Be Hit Hard

The Department of Labor depends on congressional funding.  During a shutdown:
  • PERM labor certifications stop.
  • Labor Condition Applications freeze.
  • Prevailing wage requests halt.

This disrupts hiring, extensions, green card sponsorship, and compliance for thousands of employers and workers — many of whom are already navigating fragile timelines.

Immigration Courts Will Back Up — Again

Immigration courts are funded through annual appropriations.  If the government shuts down:
  • Non-detained hearings are postponed.
  • Detained cases continue.
  • Thousands of cases are pushed further into an already overwhelmed system.

Every shutdown deepens a court backlog that already stretches into years, keeping families, workers, and asylum seekers in limbo.

E-Verify Will Go Dark

E-Verify shuts down during government closures:
  • Employers cannot verify new hires.
  • Compliance timelines become unclear.
  • Workers are left in uncertainty through no fault of their own.

Visa Processing Abroad Will Continue — With Delays

Most embassies and consulates are fee-funded and remain open, but:
  • Staffing shortages slow interviews.
  • Administrative processing stretches longer.
  • Coordination with shuttered agencies becomes more difficult.

Why This Matters

Immigration systems are already strained. A shutdown does not simply pause government operations — it creates ripple effects that last long after funding is restored.  Workers miss opportunities.  Families wait longer.  Employers lose certainty.  Courts fall further behind. Shutdowns are a policy choice.  Their consequences are not abstract.

What You Should Do Now
  • File as early as possible.
  • Do not ignore USCIS deadlines.
  • Employers should prepare for DOL processing freezes.
  • Expect delays — and plan accordingly.

​We will continue tracking developments and holding decision-makers accountable as this situation unfolds.
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What to Know Wednesday:  February 2026 Visa Bulletin — Continued Slow Movement and Limited Advancement

1/14/2026

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The Department of State has released the February 2026 Visa Bulletin, which determines visa availability for family-sponsored and employment-based green card applicants.  This month’s bulletin shows very limited movement in key categories, underscoring ongoing backlogs and the slow pace of progress for many applicants, particularly those from high-demand countries.*

Key Highlights from the February 2026 Visa Bulletin

Family-Sponsored Categories
  • Most family-based preference categories show minimal advancement or remain unchanged.
  • Categories for countries with historically long waits, including Mexico and the Philippines, display continued significant backlogs with little to no forward movement.
  • Limited advancement in a few smaller categories does not meaningfully change filing prospects for most family-based applicants.

Employment-Based Categories
  • EB-1, EB-2, and EB-3 categories show small forward movement, but the overall change remains modest.
  • Applicants from countries with large backlogs — especially India and China — may see slight shifts, but priority dates remain far from current for most.
  • For categories that did advance, the movement typically represents a matter of weeks or small increments, not substantial progress.

Dates for Filing vs. Final Action Dates
  • USCIS continues to allow applicants to use the Dates for Filing chart in many cases.
  • This means some applicants may be eligible to file adjustment of status applications even if their Final Action Date is not yet current, provided they meet other eligibility requirements.
  • However, visa issuance depends on the Final Action Date becoming current; filing early does not guarantee an immediate green card.

Why This Matters
  • Priority dates remain distant for many applicants, especially in family-based categories and in employment-based categories for India and China.
  • Even when the Dates for Filing chart allows earlier filing, applicants should understand that availability of visas and adjudication timing may still lag behind filing eligibility.
  • Limited movement signals that backlogs will persist in the near term, and advance planning remains essential.

What You Should Do Now

Check Your Priority Date
Compare your priority date to the Final Action Dates and the Dates for Filing charts in the February 2026 Visa Bulletin for your category and country.

Prepare Your Documents

If you are eligible under the Dates for Filing chart, consider gathering your supporting documents and filing your adjustment application early.

Plan for Continued Delays

Even with filing eligibility, green card issuance depends on visa availability. Expect processing delays and plan for extended timelines.

Consult an Attorney

Visa bulletins can be complex. An immigration attorney can help interpret your priority date, filing eligibility, and strategy based on current bulletin trends.

Final Note

The February 2026 Visa Bulletin reaffirms what applicants have seen for months: backlogs continue, and advancement in many categories is slow.  Understanding your filing options and priority dates is critical for planning your immigration process.

📩 If you have questions about this month’s bulletin or need help reviewing your eligibility, email us at [email protected]
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Tuesday Immigration Update:  The Trump Administration Fired Nearly 100 Immigration Judges in 2025 — What Happens Next

1/13/2026

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​In 2025, the U.S. Department of Justice oversaw the termination of nearly 100 immigration judges across the country, a change that has significantly affected the structure and operation of the nation’s immigration courts.  This development has reshaped how immigration cases are handled and raised questions about the future of due process and case backlogs in the system as policy priorities shift under the current administration. 

The Extent of the Personnel Changes

An independent tally reported by NPR shows that nearly 100 immigration judges were fired over the course of 2025.  Many of these judges were dismissed without publicly stated reasons and included both newer adjudicators still in their probationary periods and experienced judges who had served for years. 

At the same time, a substantial number of judges have voluntarily retired or resigned, further shrinking the pool of experienced adjudicators in an already strained system.  Nationwide, this reshaping has reduced the number of immigration judges available to hear cases at a time when immigration court backlogs remain near historic highs. 

Court Closures and Case Reassignments

One immediate consequence of the personnel changes was revealed this week with the planned closure of one of the busiest immigration courts in San Francisco.  Staff were informed that the building’s lease will not be renewed, and remaining cases and personnel are expected to move to another immigration court location.  The San Francisco court’s shrinkage follows multiple judicial firings and retirements in the region, leaving only a handful of judges to manage tens of thousands of pending cases. 

Shifts in Adjudication and Hiring Practices

As these terminations continue, the administration has also moved to expand the pool of temporary immigration judges, including authorizing military lawyers and other attorney categories to serve in adjudicatory roles.  Observers note that the Justice Department’s own job announcements refer to these positions as “deportation judges,” reflecting an emphasis on enforcement and expedited decision-making. 

At the same time, critics of the personnel actions point to concerns about the independence and consistency of the immigration court system.  Immigration judges operate within the Justice Department, and abrupt terminations — especially without published explanations or performance summaries — have raised questions about transparency and how future adjudicators will be selected and trained.
 
Impact on Backlogs and Case Processing

Because hiring and training new immigration judges typically take more than a year, the immediate effect of these reductions is likely to be longer delays and heavier workloads for remaining judges.  Some courts are already pushing hearing dates years into the future.  With fewer experienced adjudicators available, there is concern that case continuity may suffer and litigants could face additional wait times for decisions. 

What to Watch

  • Formal guidance from the Executive Office for Immigration Review (EOIR) on how new and temporary judges will be deployed and trained
  • Congressional or legislative proposals to alter how immigration judges are appointed or protected
  • Case backlog reports from immigration courts, which may signal how these staffing changes are affecting processing times and due process outcomes
  • Litigation or legal challenges related to court closures, staffing changes, and the use of temporary adjudicators

For additional questions about immigration, contact the Law Office of Julia L.Stommes at [email protected].
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Monday Legal Lens:  USCIS Announces Premium Processing Fee Increase

1/12/2026

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U.S. Citizenship and Immigration Services (USCIS) has announced an increase in the fee for Form I-907, Request for Premium Processing, set to take effect March 1, 2026.  Premium processing allows petitioners and applicants to request expedited handling of certain immigration benefit requests for an additional fee, generally resulting in adjudication within 15 calendar days.


What the Change Entails
  • The fee for Form I-907 will increase on March 1, 2026.
  • The new fee amounts will apply to all premium processing requests submitted on or after that date.
  • Filers who submit I-907 prior to March 1, 2026 will pay the current fees (as long as the request is valid upon filing).

USCIS has not indicated that the scope of premium processing eligibility is changing at this time; the update pertains only to the fee amount.

Why This Matters

Premium processing is widely used by employers, beneficiaries, and individuals seeking faster resolutions for time-sensitive immigration needs, including:
  • H-1B petitions
  • L-1 petitions
  • Employment-based adjustment of status applications
  • Certain other eligible petitions and applications

A fee increase impacts planning and budgeting for employers, applicants, and legal counsel. Organizations that routinely use premium processing must factor the higher cost into project timelines, staffing decisions, and client recommendations.

Practical Implications

For Employers:
  • Budget revisions may be needed for immigration cost forecasting.
  • Clients and internal stakeholders should be informed in advance of the fee change.

​For Applicants:
  • Individuals using premium processing should consider timing their submissions to avoid the higher fee, where feasible.
  • Premium processing may remain a valuable tool when timely adjudication is critical (e.g., start dates, travel plans, visa stamping deadlines).

For Legal and HR Teams:
  • Adjust internal checklists and filing strategies to align with the new fee regime.
  • Ensure all upcoming I-907 requests are reviewed for timing and eligibility well before March 1, 2026.

Planning Ahead

Because premium processing often expedites decision-making that affects employment authorizations, project starts, international travel, and other life or business events, a fee increase will have real consequences for:
  • Startup and transfer planning
  • Visa stamping synchronization
  • Case prioritization strategies

Filing earlier is not always possible—especially where regulatory windows dictate filing timing—but understanding when the fee increase takes effect can help reduce unnecessary costs.

Conclusion

The upcoming I-907 fee increase underscores the importance of proactive immigration planning. Applicants and petitioners should review anticipated filings against their operational and personal timelines and coordinate with counsel to minimize avoidable expenses.

If you have questions about how this fee change may affect your immigration costs or filing strategy, our office can help you evaluate timing and options moving forward.
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Thursday Immigration Update:  Expanded Deportation Efforts Raise Concerns Over Farm Labor Shortages

1/8/2026

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A recent report highlights growing concerns among U.S. farmers as increased funding and enforcement for deportations are expected to significantly reduce the available agricultural workforce.  Agriculture in the United States has long relied on immigrant labor, particularly for labor-intensive tasks like harvesting, planting, and dairy work.  With the current administration moving to increase deportation actions, many in the agricultural sector are warning that labor shortages could worsen, compounding existing challenges.

Expansion of Enforcement

The federal government plans to substantially increase funding for Immigration and Customs Enforcement (ICE) and Border Patrol through 2029, with the goal of significantly expanding deportation activity.  This initiative is expected to raise the number of removal actions to roughly one million individuals per year.  This ramp-up in enforcement comes at a time when the agriculture industry already faces chronic labor shortages and persistent difficulty recruiting workers for physically demanding farm jobs.

Farmers’ Workforce Challenges

Farmers across multiple states report that they depend heavily on immigrant workers, including those without legal status, because few native-born workers are willing to perform demanding farm labor.  For example, one blueberry grower noted that he was only able to fill a fraction of the seasonal positions he needed, resulting in millions of pounds of unharvested fruit and significant financial loss.  Similarly, dairy and crop farmers have expressed concern that enforcement actions could leave them without enough workers to sustain basic operations.

Data from the U.S. Department of Agriculture shows that a large share of farm laborers were born overseas, and a significant percentage do not have permanent authorization, making enforcement actions particularly disruptive.  Many farmers report that finding U.S. citizens or legal residents willing to fill these roles has been difficult for years, even before recent enforcement increases. 

Potential Broader Effects

Industry groups warn that reduced labor availability could have ripple effects beyond individual farms, potentially affecting food supply chains, rural economies, and consumer prices.  In labor-intensive sectors such as fruit and vegetable production, insufficient staffing can lead to crops going unharvested, financial losses for producers, and interruptions in the consistent distribution of fresh produce.

Agricultural employers have also noted that temporary worker programs like H-2A address only seasonal needs and may not fully cover labor requirements for operations that run year-round, such as dairy farms or livestock facilities.  Because of these longstanding labor dynamics, many advocates stress that workforce stability remains critical to agricultural viability. 

What to Watch
​
  • Official guidance on enforcement priorities and resource deployment by immigration agencies.
  • Industry responses and advocacy regarding agricultural worker visas and labor market solutions.
  • Legislative efforts addressing agricultural labor shortages and potential reforms to worker authorization pathways.


For case-specific questions or assistance related to employment-based immigration, contact the Law Office of Julia L. Stommes at [email protected].
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What to Know Wednesday: 2025 Year-End Immigration Policy Review — Where We Are and What Comes Next

1/7/2026

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As 2025 comes to a close, U.S. immigration policy has undergone sweeping changes that have fundamentally altered how immigration laws are enforced, how applications are processed, and how noncitizens and even U.S. citizens are treated under the law.  The cumulative effect of these actions has raised significant concerns about due process, humanitarian protections, government accountability, and the rule of law.

Below is a comprehensive review of the most consequential immigration developments in 2025, followed by what immigrants, families, and employers should be watching as we move into 2026.

Major Immigration Changes in 2025

Widespread Termination of Humanitarian Protections

In 2025, the administration moved aggressively to end or phase out humanitarian immigration programs, including:
  • The termination of Temporary Protected Status (TPS) for nationals of many countries, including those experiencing ongoing conflict, political instability, or environmental disaster
  • The rollback or expiration of humanitarian parole programs, leaving hundreds of thousands without lawful status or work authorization
  • The effective dismantling of asylum processing systems, including the suspension of affirmative asylum adjudications and sharp restrictions on eligibility

​While limited court orders temporarily delayed some actions, many individuals ultimately lost legal protection, work authorization, and stability.  Families who had lived in the United States for decades were suddenly placed at risk of removal with little warning or transition.

These changes have had severe humanitarian and economic consequences, particularly in healthcare, construction, agriculture, hospitality, and caregiving sectors that rely heavily on long-term immigrant workers.

Collapse of the Asylum System

Asylum, a right protected under U.S. and international law, was functionally dismantled in 2025 through:
  • Nationwide pauses in asylum adjudications
  • Heightened screening standards applied retroactively
  • Expanded use of expedited removal
  • Policies discouraging or blocking access to asylum at ports of entry and within the United States

As a result, individuals fleeing persecution were left in prolonged legal limbo or removed without meaningful opportunity to present their claims.  Immigration courts and legal service providers reported record backlogs and a surge in wrongful denials.

Expanded Enforcement and Local Policing Authority

Federal enforcement increased dramatically through:
  • Expansion of ICE operations and arrests, including in workplaces, homes, and public spaces
  • Broader use of 287(g) agreements, allowing local law enforcement to act as federal immigration agents
  • Increased racial profiling concerns during traffic stops and routine encounters

These policies blurred the line between local policing and federal immigration enforcement, heightening fear in immigrant communities and discouraging cooperation with law enforcement, even among crime victims and witnesses.

Detention, Transfers, and Due Process Failures

One of the most alarming developments in 2025 involved systemic breakdowns in custody and accountability:
  • Reports of DHS losing track of thousands of immigrants during transfers between detention facilities
  • Transfers of detainees to third-party, privately run detention centers, including facilities outside their region or state
  • Documented cases of U.S. citizens wrongfully detained and deported, including removals to third countries where individuals had no legal status or ties

These incidents exposed serious failures in verification, oversight, and due process, raising concerns that enforcement actions are proceeding faster than accuracy or legality.

Increased Vetting and Re-Review of Approved Cases

USCIS expanded vetting procedures across nearly all immigration benefits, including:
  • Re-review of previously approved applications
  • Additional biometric collection and identity verification
  • New vetting centers focused on fraud detection and national security screening

While framed as security measures, these changes have led to prolonged delays, reopened cases, and unexpected denials for individuals who had already complied with extensive screening requirements.

Restrictive Changes to Employment-Based Immigration

Employment-based immigration was also reshaped in 2025:
  • Introduction of a weighted H-1B selection system prioritizing higher wages
  • Significant fee increases imposed on employers
  • Proposed elimination or restriction of training and work authorization programs tied to higher education

​These changes reduced access to lawful work visas while increasing costs and uncertainty for U.S. employers and foreign workers alike.

Proposed Immigration Moratorium

In late 2025, lawmakers aligned with the administration proposed sweeping legislation that would:
  • Pause or drastically limit most legal immigration pathways
  • End programs such as the Diversity Visa Lottery and Optional Practical Training (OPT)
  • Severely restrict family-based and humanitarian immigration

Although not enacted, the proposal reflects the direction of future policy efforts and signals continued pressure on legal immigration channels in 2026.

What to Expect in 2026

Looking ahead, several trends are likely to continue or intensify:
  • Implementation of finalized H-1B selection and fee rules
  • Continued delays and heightened scrutiny across USCIS applications
  • Ongoing litigation challenging asylum restrictions, TPS terminations, and enforcement practices
  • Potential legislative efforts to codify immigration pauses or moratoria
  • Expanded detention capacity and enforcement funding

Immigrants, employers, and families should expect longer processing times, stricter adjudications, and greater enforcement risk, even for those pursuing lawful immigration benefits.

Final Note

The immigration changes implemented in 2025 represent more than routine policy shifts.  Taken together, they mark a significant departure from longstanding legal norms, humanitarian commitments, and procedural safeguards.

Staying informed, maintaining proper documentation, and seeking qualified legal guidance have never been more important.
​
If you have questions about how these changes affect you or your family, or if you need help preparing for what lies ahead in 2026, you can email us at [email protected]
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Tuesday Immigration Update:  Federal Government Signals Further Restrictions on Asylum Access

1/6/2026

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Recent reporting indicates that the federal government has signaled to asylum seekers that they should consider applying for refuge outside the United States under current and pending policy changes.

Administration Messaging to Asylum Seekers

According to media reporting, senior officials have publicly stated that individuals who qualify for asylum should pursue protection through other countries’ systems rather than the United States.  This messaging reflects broader shifts in enforcement posture and policy direction that have already narrowed avenues for asylum over the past year.  Internal planning documents and statements from administration representatives suggest a desire to close what officials describe as “loopholes” in the legal immigration system, including asylum eligibility.  Reported comments urging asylum seekers to seek refuge elsewhere align with other actions that have dramatically reduced asylum processing capacity and access.

Asylum Policy Changes 

In recent weeks, a new regulation originally drafted during the COVID-19 pandemic was finalized and will allow U.S. authorities to deny asylum on "public health grounds" if applicants are determined to "pose a health-related security risk," even in the absence of an active pandemic.  

Potential Impacts on Asylum Seekers

If official guidance and public messaging continue in this direction, individuals seeking asylum in the United States may face:
​
  • Need to pursue safety options outside U.S. territories
  • Increased reliance on third-country asylum systems or refugee resettlement programs abroad
  • Elevated uncertainty around eligibility and processing timelines

In the absence of clear, agency-issued regulations or formal policy documents, these shifts are unfolding through verbal statements, internal guidance leaks, and regulatory actions rather than through traditional notice-and-comment rulemaking.

What to Watch Next

  • Any formal regulatory or policy announcements from DHS, DOJ, or the Department of State regarding asylum eligibility criteria
  • Implementation details for the new public health asylum rule, including how agencies will interpret and apply it in practice
  • Court challenges or litigation that could affect the scope and enforceability of these asylum restrictions
  • International agreements or bilateral arrangements that might influence where asylum seekers are expected to file claims

Our office will continue to follow these developments and provide updates as additional information becomes available.


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USCIS Releases Updated Form I-765, Application for Employment Authorization

1/5/2026

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The U.S. Citizenship and Immigration Services (USCIS) has officially published a new version of                 Form I-765, the application used by non-citizens to request an Employment Authorization Document (EAD), commonly known as a work permit. The updated form, with an edition date of 08/21/25, was announced on the USCIS Forms Update page and will soon become the required version for all filings.

The USCIS states that starting March 5, 2026, applicants must use only this newest edition of Form I-765 when submitting their applications. After that date, filings using older editions of the form may be rejected or delayed.
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Monday Legal Lens

1/5/2026

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Proposed Immigration Moratorium and Its Legal Impact

A proposed bill is to be introduced in Congress when the floor reopens.  This proposed bill would impose a broad immigration moratorium, halting new entries into the United States.  If enacted, the policy would suspend the processing and issuance of new visas, green cards, and other forms of lawful entry, even for individuals who otherwise qualify under existing immigration law.

What the Proposal Would Do

The proposed moratorium would:
  • Halt new entries into the United States
  • Suspend the processing and approval of new immigrant visas and green cards
  • Pause other lawful immigration pathways that require visa issuance or admission

Rather than addressing unlawful activity, the proposal would stop lawfully authorized immigration processes, leaving applicants in prolonged uncertainty despite full compliance with current legal requirements.

Who Would Be Affected

If enacted, the moratorium could impact:
  • Family-based visa applicants waiting to reunite with spouses, parents, or children
  • Employment-based immigrants and U.S. employers relying on authorized workers
  • Individuals with approved petitions awaiting visa issuance or entry
  • Applicants nearing visa availability after years of waiting

Even a temporary halt could have permanent consequences for individuals whose eligibility depends on age, timing, or ongoing employment.

Why It Matters

A moratorium of this scope raises serious concerns:
  • Lawful immigrants would bear the burden of policy choices unrelated to their conduct
  • Family separation would be prolonged without legal justification
  • Backlogs would likely worsen rather than improve
  • Economic and workforce disruptions could affect healthcare, education, and essential industries

Historically, broad immigration pauses have failed to resolve systemic issues while creating long-term administrative and humanitarian harm.

Key Takeaway

An immigration moratorium halting new entries does not fix the immigration system.  It delays lawful immigration, deepens existing backlogs, and imposes real consequences on families and employers without addressing underlying policy failures.  Developments like this highlight the importance of staying informed as immigration policy continues to shift.

For questions about how proposed legislation may affect your immigration plans, contact our office at [email protected]
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Fast Facts Friday: Employer Site Visits Are More Common Than You Think

1/2/2026

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Employer site visits are no longer rare or limited to large corporations.  Federal agencies increasingly conduct worksite inspections to verify compliance with employment-based immigration filings, and both employers and foreign national employees should be prepared.

These visits are not necessarily triggered by wrongdoing.  Many are routine compliance checks designed to confirm that information submitted to the government remains accurate.

Who Conducts Site Visits

Site visits may be conducted by:
  • U.S. Citizenship and Immigration Services (USCIS), including the Fraud Detection and National Security (FDNS) unit
  • The Department of Labor (DOL), particularly for PERM or wage compliance matters

Visits can occur for a variety of visa categories, including H-1B, L-1, O-1, and employment-based green card cases.

Why Site Visits Happen

Common reasons include:
  • Verification of job duties, salary, and work location
  • Confirmation that the employer exists and is operating as described
  • Review of compliance with labor condition or sponsorship requirements
  • Random selection as part of broader compliance initiatives

A site visit does not mean there is a problem, but how the visit is handled can impact current and future immigration filings.

What Officers May Ask or Review

During a site visit, officers may:
  • Speak with HR representatives or managers
  • Interview the sponsored employee
  • Request to see the worksite or job duties in practice
  • Ask for payroll records, job descriptions, or organizational charts

​Officers are verifying consistency between the petition filed and real-world employment conditions.

Common Compliance Risks


Issues often arise when:
  • Job duties have changed without an amended filing
  • Employees work from unreported locations
  • Titles or reporting structures differ from what was approved
  • Payroll does not match the petition terms

Even well-intentioned changes can create compliance concerns if they are not reviewed in advance.

How Employers and Employees Should Prepare


Preparation is key:
  • Ensure job duties, salary, and worksite remain accurate
  • Train front-line staff on how to respond to site visits
  • Designate a point of contact for immigration matters
  • Contact immigration counsel immediately if a visit occurs

Employees should answer questions truthfully but narrowly, without speculating or guessing.

Why This Matters

Employer site visits can affect:
  • Pending petitions
  • Extension and amendment approvals
  • Future sponsorship eligibility
  • Company-wide immigration compliance

Proactive planning helps protect both employers and foreign national employees from unnecessary risk.

At the Law Office of Julia L. Stommes, we assist employers with compliance preparation, site visit response planning, and post-visit follow-up to ensure immigration filings remain aligned with real-world operations.
​
For guidance on employer compliance or responding to a site visit, contact us at [email protected]
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Cheers to 2026!

1/1/2026

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What to Know Wednesday: USCIS Office Closures and How to Stay Updated

12/31/2025

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U.S. Citizenship and Immigration Services (USCIS) periodically adjusts its field office operations due to staffing changes, security concerns, emergency weather events, national holidays, or internal reorganization.  These office closures can affect scheduled interviews, biometrics appointments, and other in-person services.  Knowing how to check for closures and rescheduled appointments helps you avoid delays and unnecessary travel.

Why This Matters
  • USCIS field offices, service centers, and Application Support Centers (ASCs) serve millions of applicants each year for green cards, naturalization, work authorization, travel documents, and more.
  • When offices close unexpectedly or for planned holidays, appointments may be canceled, rescheduled, or delayed.
  • Failure to appear for a rescheduled appointment can have serious consequences for your case status.

Common Reasons USCIS Offices Close

Office closures may occur for reasons such as:
  • Federal holidays (e.g., Thanksgiving, Christmas, New Year’s Day)
  • Severe weather or natural disasters
  • Staffing shortages or security concerns
  • Building maintenance or jurisdictional changes

Closures may affect primary appointments, biometrics services, interviews, or public intake.

How to Check USCIS Office Closures

1. USCIS Alerts Page
USCIS posts official Alerts and Status Updates on its website for all service centers, field offices, and Application Support Centers.  These alerts often include dates, locations, and the reason for closure.

How to use it:
  • Visit the USCIS homepage
  • Click “Newsroom”
  • Select “Alerts”
  • Look for notices about office closures or service interruptions

This is the most reliable source for official closure information directly from USCIS.

2. USCIS Field Office Status Tool

USCIS has a Field Office Locator that includes office contact information and may list closure updates.

How to use it:
  • Search for your local USCIS field office
  • Check the office page for posted closures, delays, or appointment notices

This tool is useful when you want information specific to the office handling your case.

3. Appointment Notices and Emails

USCIS may notify you directly via:
  • Rescheduled appointment notices mailed to your address
  • Emails or text messages (if you have opted in)
  • USCIS online account messages

Always check your USCIS online account and mail for official communication about closures or changes to your appointment.

What to Do if Your Appointment Is Affected

If USCIS closes an office and cancels or reschedules your appointment:
  • Follow the instructions on your updated notice — USCIS will generally schedule a new date.
  • Do not discard appointment notices — old notices may contain important information for rescheduling.
  • Contact USCIS or your attorney promptly if you do not receive a rescheduled appointment within a reasonable time.
  • Update your address if you have moved, so USCIS communications reach you.

Missing a rescheduled interview or biometrics appointment can lead to application delays or denials.

Final Note

USCIS office closures can create uncertainty and scheduling challenges, especially for time-sensitive filings and interviews. Staying informed, checking official USCIS notices regularly, and keeping contact information current are the best ways to minimize disruptions to your case.
​
📩 If you have questions about a rescheduled appointment or how a closure could affect your case, email us at [email protected]
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Tuesday Immigration Update: H-1B Renewal Delays Leave Many Workers Stranded Abroad

12/30/2025

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A growing number of H-1B visa holders who traveled abroad for routine visa renewals have been left in prolonged limbo after U.S. consulates, particularly in India, abruptly cancelled or rescheduled visa interviews.  In many cases, new appointment dates have been pushed well into 2026 or later, disrupting careers, family life, and long-term planning for affected workers and their dependents.

What Has Happened

Visa interviews originally scheduled for late 2025 were cancelled with little advance notice across multiple U.S. consular posts.  Many of these appointments were later rescheduled months or even years into the future.  Individuals who had already completed biometrics and were awaiting final interviews received notices extending their timelines significantly, leaving them unable to return to U.S. employment or reunite with family members.

These disruptions appear tied to expanded screening and vetting procedures now being applied to H-1B and dependent visa applicants, including additional background and digital presence reviews.  While framed as a security measure, the rollout has resulted in widespread backlogs and uncertainty.

Impact on Workers and Families

For many H-1B holders, the delays have resulted in sudden career interruptions.  Some workers have been forced to negotiate remote work arrangements, while others face unpaid leave or the risk of job loss due to prolonged absence from the United States.  Employers reliant on specialized talent are also experiencing operational challenges as key employees remain stranded abroad.

Families have been particularly affected.  Spouses and children have experienced extended separations, disrupted schooling, and emotional strain as visa timelines stretch indefinitely.  What were expected to be short, routine trips have turned into months-long or longer periods of uncertainty.

Official Position and Practical Reality

U.S. consular communications indicate that interviews are being postponed to accommodate enhanced screening requirements.  However, immigration practitioners report a lack of clear guidance on how long delays will last or how backlogs will be resolved.  The absence of predictable timelines has made travel for visa stamping increasingly risky, even for individuals with long-standing employment and compliance histories.

Importantly, individuals in valid H-1B status may remain in the United States without a new visa stamp. The risk arises primarily when traveling abroad, as reentry depends on successful and timely visa issuance.

What This Means Going Forward

Employers may need to reassess international travel policies for H-1B employees and plan for alternative work arrangements where possible.  Foreign nationals considering travel for visa stamping should carefully evaluate timing, risk tolerance, and emergency appointment options.  Until additional guidance is issued, uncertainty around consular processing timelines is likely to persist.
​
Our office will continue monitoring developments and provide updates as more information becomes available.
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Monday Legal Lens: USCIS Tightens VAWA Guidance Amid "Fraud Concerns" — At What Cost?

12/29/2025

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USCIS has issued a significant update to Volume 3 of the USCIS Policy Manual affecting the Violence Against Women Act (VAWA) self-petition process.  While the agency frames this change as "a response to fraud and unprecedented filing trends," the practical impact raises serious concerns for survivors of domestic violence who rely on VAWA as a critical humanitarian protection.

What Changed

USCIS reports that between fiscal years 2020 and 2024:
  • VAWA self-petitions increased by approximately 360 percent overall
  • Male self-petitioners increased by 259 percent
  • Parent-based VAWA filings increased by more than 2,200 percent

USCIS characterizes these trends as “alarming” and "outside historical norms."  In response, the agency states it is clarifying and tightening guidance to "protect program integrity and reduce misuse."

Importantly, the statutory eligibility requirements for VAWA have not changed.  However, the updated guidance substantially affects how applications are evaluated and what evidence is required.

Key Policy Updates

The revised guidance:
  • Codifies existing adjudication practices with more detailed explanations
  • Narrows and formalizes evidence expectations, ostensibly to reduce requests for evidence
  • Reinforces USCIS’s sole discretion to determine credibility and evidentiary weight
  • Requires proof that the self-petitioner resided with the abuser during the qualifying relationship
  • Requires primary evidence of a good-faith marriage for spousal VAWA cases
  • Tightens rules on step-relationships when a parent or child dies, requiring proof the abusive relationship continued after filing

These changes apply to VAWA self-petitions pending or filed on or after December 22, 2025.

Why This Is Concerning

While USCIS emphasizes fraud prevention, these policy shifts place additional burdens on survivors—many of whom already face extreme barriers to accessing evidence, documentation, and safety.  Survivors often flee abusive households without records, financial documents, or the ability to safely collect proof of cohabitation or marital intent. 

Requiring stricter evidence and reinforcing discretionary credibility determinations risks:
  • Increased denials of legitimate cases
  • Longer processing delays
  • Further retraumatization of survivors
  • Discouraging vulnerable individuals from seeking protection

Tightening evidentiary standards may have the opposite effect—harming precisely those VAWA was designed to protect.

The Bigger Picture

VAWA is a humanitarian safeguard created by Congress to protect immigrant survivors of domestic violence, not a fraud enforcement mechanism.  Policies that overcorrect in response to "misuse" risk undermining congressional intent and placing survivors at greater risk of remaining in or returning to abusive situations.

What Survivors Should Know

If you are considering or have filed a VAWA self-petition:
  • Documentation and case strategy matter more than ever
  • Credibility assessments are increasingly subjective
  • Early legal guidance is critical to protect your rights and safety

This update underscores the growing tension between fraud enforcement and humanitarian protection in U.S. immigration policy—and the real-world consequences survivors may face as a result.

If you would like to discuss how this policy may affect your case, professional legal guidance is strongly recommended.
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Fast Facts Friday: When Immigration Status Depends on Your Employer

12/26/2025

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Many employment-based immigration statuses in the United States are directly tied to a specific employer, job role, and work location.  While this structure allows U.S. employers to sponsor global talent, it also means that even small employment changes can have serious immigration consequences if they are not reviewed in advance.

Understanding how employer sponsorship works is essential for both foreign professionals and the companies that employ them.

Which Visas Are Employer-Specific

Several common work-authorized statuses are employer-dependent, including:
  • H-1B specialty occupation visas
  • L-1 intracompany transferee visas
  • TN status under USMCA
  • E-3 visas for Australian professionals
  • O-1 visas sponsored by a U.S. employer or agent

In these categories, authorization is limited to the sponsoring employer and the specific job described in the approved petition.  Working outside those parameters, even unintentionally, can result in a status violation.

Why Job Changes Must Be Reviewed Before They Happen
​
Not all employment changes are immigration-neutral.  Seemingly routine updates may require an amended filing with U.S. Citizenship and Immigration Services, including:
  • Changes in job duties or title
  • Promotions that materially alter the role
  • Salary adjustments tied to new responsibilities
  • Worksite relocations or long-term remote work from a different geographic area
  • Mergers, acquisitions, or corporate restructuring

If these changes are implemented without prior review, an employee may fall out of compliance, which can jeopardize current status and future immigration benefits.

How Amendments Protect Both Employers and Employees


When required, filing an amendment is not a setback.  It is a proactive compliance tool that protects all parties involved.

For employers, amendments demonstrate good-faith compliance with immigration regulations and reduce exposure during audits or site visits.  

For employees, amendments help preserve lawful status, work authorization, and eligibility for future extensions or permanent residence.

Why This Matters

Employer-sponsored immigration is not static.  It evolves as businesses grow and careers advance.  The key is recognizing that immigration compliance must move in step with those changes.

Before making any employment adjustment involving a foreign national employee, legal review can prevent costly delays, denials, or status violations.

At the Law Office of Julia L. Stommes, we help employers and professionals evaluate employment changes before they occur, ensuring continued compliance and long-term stability.

For guidance on employer-sponsored immigration compliance, contact us at [email protected]
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December 25th, 2025

12/25/2025

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What to Know Wednesday:  DHS Finalizes Weighted Selection for H-1B Visas

12/23/2025

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The Department of Homeland Security (DHS) has finalized a regulation that changes how H-1B cap visas will be selected in future years.

What Is Changing

Under the new rule, the H-1B cap selection process will move away from a purely random lottery and instead use a weighted selection system.  Registrations will be given different odds of selection based on the wage level offered for the position, using the Department of Labor’s prevailing wage framework.  Higher wage levels will receive greater weight in the selection process, while lower wage levels will still remain eligible but with reduced odds.

What Is Not Changing

The annual H-1B cap remains the same:  

65,000 visas under the regular cap and 20,000 visas reserved for U.S. advanced degree holders

Employers may continue to register H-1B beneficiaries at all wage levels.  The H-1B program itself is not being eliminated or paused.  

When This Takes Effect

The rule becomes effective February 27, 2026.  It will apply to the FY 2027 H-1B cap registration season.  The FY 2026 H-1B lottery process is not affected by this change.

Why This Matters

This change may impact how employers approach wage setting and registration strategy for future H-1B filings.  Both employers and foreign national workers should understand that selection odds may vary depending on the wage level listed in the registration, even though eligibility remains unchanged.  

Key Takeaway

The H-1B cap will continue, but selection will no longer be entirely random.  Starting with FY 2027, wage levels will play a role in determining which registrations are more likely to be selected.  If you have questions about how this change could affect future H-1B registrations or workforce planning, consulting with an immigration attorney is recommended.
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Tuesday Immigration Update: U.S. Expands Travel Ban to Additional Countries

12/23/2025

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The Trump administration has announced a significant expansion of its travel ban and entry restrictions, broadening the list of countries whose citizens face limits on travel to the United States.  This latest action builds on earlier travel restriction policies.

What Has Changed​
  • The administration added five more countries to the list of nations whose citizens are banned from entering the U.S.  These include Burkina Faso, Mali, Niger, South Sudan, and Syria.  Travel from these countries will be fully restricted. 
  • In addition, individuals traveling on Palestinian Authority–issued travel documents are now fully restricted from entering the United States. 
  • An additional 15 countries will face partial travel restrictions, which may affect certain visa categories or limit the scope of permitted travel. These countries include Angola, Antigua and Barbuda, Benin, Côte d’Ivoire, Dominica, Gabon, Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Tonga, Zambia, and Zimbabwe. 
  • The expanded restrictions are set to go into effect on January 1, 2026. 

Exceptions to the bans apply to certain groups, including lawful permanent residents, existing valid visa holders, diplomats, athletes, and others whose entry is deemed to serve U.S. interests. 

Criticism and Concerns

Critics argue the expanded travel ban unfairly restricts travel based on nationality rather than individualized security assessments.  Civil liberties advocates have expressed concerns that the restrictions could harm tourism, family reunification, educational exchange, and economic ties without demonstrable security benefits. 

Practical Implications
  • Visa applicants from newly restricted and partially restricted countries may face increased hurdles or outright prohibition on entering the United States starting early 2026.
  • Individuals from affected nations with existing visas or lawful permanent resident status generally retain their ability to travel, but future consular processing may be curtailed.
  • Policy implementation timelines and enforcement guidance will likely be published by the Department of Homeland Security and the Department of State in the coming weeks.

​For detailed guidance on how this may affect specific visa categories or travel plans, please contact the Law Office of Julia L. Stommes at [email protected].
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Monday Legal Lens: USCIS ACH and Credit Card Payment Requirements—Avoiding Filing Delays

12/22/2025

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​USCIS filing fees must be paid correctly for an application or petition to be accepted.  In recent months, payment issues related to ACH withdrawals and credit card limits have become a common cause of rejected filings and processing delays.  Understanding how these payment methods work—and their limitations—can help applicants avoid unnecessary setbacks.

Accepted Payment Methods

USCIS allows filing fees to be paid by:
  • ACH withdrawal from a U.S. bank account
  • Credit card, using Form G-1450

While both options are permitted, each carries specific risks that applicants should plan for in advance.

Common Payment Issues

Applications may be rejected if:
  • Daily or transaction limits on a bank account block an ACH withdrawal
  • Credit card limits are too low to cover the full filing fee
  • A card issuer flags the charge as suspicious and declines it
  • Incorrect or incomplete payment authorization information is submitted

Even a properly prepared application can be rejected if the fee payment does not process successfully.

Why Advance Planning Matters

Rejected filings can lead to missed deadlines, loss of priority dates, or lapses in work authorization.  To reduce risk, applicants should:
  • Confirm daily ACH and debit limits with their bank before filing
  • Contact credit card providers in advance to approve large USCIS charges
  • Ensure sufficient available credit on the card used
  • Monitor accounts closely after submission to confirm payment clears

Key Takeaways
  • USCIS will not process an application without successful fee payment
  • Payment rejections often result in returned filings and lost time
  • Proactive communication with banks and card issuers can prevent avoidable delays

If you have questions about filing fees or want help reviewing your submission before it is sent, you may contact our office at [email protected].
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Fast Facts Friday: Family Reunification Parole (FRP) — Why It Exists and What Has Changed

12/19/2025

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​The Family Reunification Parole (FRP) program has long been used as a temporary humanitarian tool to reunite families who are already approved for immigrant visas but face years-long delays due to statutory visa limits.  Recent action by the Department of Homeland Security (DHS), however, has significantly altered the future of this program.

Below is an overview of what FRP is, why it has been necessary, and what the latest DHS decision means for families and petitioners.

What Is the Family Reunification Parole Program

Family Reunification Parole allows certain family members of U.S. citizens and lawful permanent residents to enter the United States temporarily under humanitarian parole while waiting abroad for their immigrant visas to become available.

Key features of FRP historically included:
  • Eligibility only after an approved immigrant petition
  • Temporary parole into the United States
  • Authorization to apply for work authorization
  • No guarantee of permanent status
  • Continued requirement to wait for visa availability under existing caps

FRP did not replace the immigrant visa process.  Instead, it addressed the gap created by long visa backlogs by allowing families to remain together during the wait.

Why FRP Has Been Necessary

Family-based immigration backlogs are not incidental.  They are the result of decades-old numerical caps that have not kept pace with demand.

As a result:
  • Spouses and children of lawful permanent residents may wait years for visas
  • Adult children and siblings of U.S. citizens may wait decades
  • Families are often separated across borders despite approved petitions

FRP was developed to mitigate the human cost of these delays.  It recognized that family unity is a core principle of U.S. immigration law, even when statutory limits prevent immediate permanent admission.

Recent DHS Update:  Termination of Family Reunification Parole

In a recent decision, DHS announced the termination of the Family Reunification Parole process, stating that the program had been subject to misuse and expanded beyond its intended scope.

According to DHS:
  • Humanitarian parole must remain case-specific, temporary, and exceptional
  • Broad parole programs undermine congressional visa limits
  • Parole should not function as an alternative immigration system

The agency emphasized a renewed focus on enforcement, vetting, and adherence to statutory immigration frameworks, effectively ending new FRP intake.

Importantly, DHS has clarified through a Federal Register notice that while the termination of the Family Reunification Parole programs does not invalidate approved immigrant petitions, it does end the temporary parole pathway and imposes defined wind-down rules.  Individuals currently paroled under FRP whose parole has not expired by January 14, 2026, will see their parole terminate on that date unless they have a pending Form I-485 that was filed on or before December 15, 2025, and remains pending as of January 14, 2026, in which case parole will remain valid only until its expiration or a final decision on the adjustment application, whichever occurs first; denial of the Form I-485 will result in immediate termination of parole, revocation of employment authorization, and the requirement to depart the United States, with DHS providing individualized notice of parole and work authorization termination.

What This Means for Families and Petitioners

For families affected by visa backlogs:
  • Approved immigrant petitions remain valid until January 14, 2026, unless they have a pending I-485 filed on or before December 15, 2025
  • Visa wait times remain unchanged
  • Temporary reunification options are now significantly limited
  • Families may face prolonged separation with no interim relief

For many, this decision highlights the growing disconnect between existing immigration quotas and the realities of family-based migration.

Why This Matters Moving Forward

The end of FRP underscores a larger issue within the U.S. immigration system:

​Humanitarian tools are being scaled back without corresponding legislative reform to address visa backlogs.

Without statutory change, families remain subject to:
  • Lengthy separation
  • Inflexible numerical caps
  • Limited discretionary relief

For questions about family-based petitions, parole changes, or alternative strategies, contact us at [email protected].
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Hidden Histories: Jewish Immigrants Shaping American Life

12/18/2025

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Jewish immigrants have long played a vital role in shaping American culture, from education and science to the arts and civic life. Arriving in waves from Eastern Europe, Russia, and the Middle East in the late 19th and early 20th centuries, these families brought traditions, faith, and a deep commitment to community—contributing to the rich mosaic of American society.

Many Jewish immigrants fled persecution, seeking safety and opportunity. They established neighborhoods, schools, synagogues, and businesses, becoming anchors in cities like New York, Chicago, and Los Angeles.  Their contributions range from pioneering scientific research to founding cultural institutions that remain central to American life today.

Tragically, recent events such as the shooting at Bondi Beach in Australia remind us that anti-Semitism persists globally.  Honoring the resilience and impact of Jewish immigrants is a reminder that their work, culture, and traditions continue to strengthen the communities they join.

Jewish immigrant communities have not only preserved their heritage—they have also shaped American holidays, cuisine, music, and civic activism, blending old-world traditions with new-world opportunities.

During Hanukkah, communities across the U.S. light menorahs, share traditional foods like latkes and sufganiyot, and celebrate the enduring values of faith, courage, and hope—an enduring testament to their contributions and perseverance.

Did You Know?
  • By 1920, over 3 million Jewish immigrants had settled in the United States, primarily from Eastern Europe, influencing neighborhoods, commerce, and culture.
  • Jewish Americans have historically been overrepresented in professions like medicine, law, education, and the arts, shaping the development of American society in countless ways.

Happy Hanukkah to all who celebrate—your traditions illuminate our communities and remind us of the power of resilience and hope.
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What to Know Wednesday: USCIS Implements New Photo Policy for Immigration Applications

12/17/2025

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U.S. Citizenship and Immigration Services (USCIS) has announced a change to its photo policy that affects how applicant photographs are collected and reused across immigration applications.

What Is Changing
  • Photographs will now be valid for only three years. If an applicant’s photo on file is more than three years old, USCIS will require a new one.
  • USCIS will take the photographs directly, such as at an Application Support Center or during an in-person appointment, rather than allowing self submitted photos.

Why This Matters
  • Applicants may be required to attend additional in-person appointments solely to provide updated photographs.
  • Individuals with long-pending applications or multiple filings may experience added delays if a new photo is required.
  • This change applies regardless of whether the applicant previously submitted acceptable photos with earlier filings.

What Applicants Should Do
  • Be prepared for possible additional USCIS appointments if your application remains pending for several years.
  • Monitor USCIS notices closely, as failure to appear for a photo appointment could delay or negatively affect an application.
  • Speak with an immigration attorney if you are unsure whether this change could impact your pending or future filings.

USCIS has stated that this policy is intended to standardize identity verification, but it also introduces new procedural requirements that applicants should be aware of.

For questions about how this change may affect your case, contact us at [email protected]



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Tuesday Immigration Update:  Proposed Social Media Vetting for 2026 World Cup Visitors Raises Concerns

12/16/2025

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New reporting indicates that the U.S. government is considering a significant expansion of vetting requirements for foreign visitors ahead of the 2026 FIFA World Cup, co-hosted by the United States, Canada, and Mexico.  Under the plan currently under discussion, travelers from dozens of visa-eligible and visa waiver countries—countries whose citizens can enter the United States under the Electronic System for Travel Authorization (ESTA)—would be required to provide extensive social media and digital account information as part of the screening process. 

What the Proposal Entails
  • ESTA applicants would potentially need to disclose all social media accounts used in the past five years, in addition to telephone numbers and email addresses from recent years.
  • This level of data collection would represent a marked expansion of existing immigration security procedures, which traditionally focus on biographical and travel history.
  • Although the policy is not yet finalized, it is being discussed as part of broader national security and entry vetting measures. 

International and Community Reactions
The concept has generated criticism from privacy advocates, free speech organizations, and international travel groups.  Critics argue that such requirements may:
  • Infringe on privacy rights and freedom of expression by compelling visitors to reveal personal digital activity.
  • Discourage tourism and international participation, particularly in the context of a marquee global event like the FIFA World Cup.
  • Create logistical and diplomatic challenges with allied countries whose citizens often travel under the visa waiver program. 

There are also broader implications for global mobility and public perceptions of U.S. entry policies, especially when welcoming international visitors for cultural and sporting events.

What This Means for Immigration and Travel
If implemented, the proposal could signal a shift toward more intrusive data collection for routine travel authorizations, extending beyond traditional visa processes into general tourism and international events.

Such changes are likely to impact:
  • International students and visitors planning travel to the U.S. during the World Cup
  • Multinational employers sending staff abroad for short-term work or events
  • Families and frequent international travelers who rely on simplified entry programs

Critics warn that overly broad vetting risks reducing international travel, raising compliance burdens, and stretching enforcement resources.

Next Steps
The policy remains under discussion and has not been enacted. Stakeholders should monitor announcements from the Department of Homeland Security and U.S. Customs and Border Protection, which administers ESTA, for any formal rulemaking or implementation timelines.

​For up‑to‑date policy tracking, and to understand how this may affect specific travel or immigration plans, contact the Law Office of Julia L. Stommes at [email protected]
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Monday Legal Lens: DOS Updates Visa Guidance for FIFA World Cup 2026 Volunteers

12/15/2025

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The Department of State has issued an update to 9 FAM 402.2-5(C)(10), creating a specific framework for issuing B-1 visas to FIFA-accredited volunteers selected to support the 2026 FIFA World Cup in the United States.  This update clarifies that certain volunteer activities associated with World Cup operations qualify as permissible business activities under the B-1 category, allowing consular officers to issue visas to volunteers who have been formally designated by FIFA or its partner organizations.

What the Update Covers

The revised guidance confirms that:
  • Individuals officially selected as FIFA-accredited volunteers may qualify for a B-1 visa.
  • Their service must be unpaid and directly connected to World Cup operational needs.
  • Consular officers now have clear authority to consider these volunteer roles under established B-1 criteria.

Broader Consular Preparations for 2026
This change is part of a larger set of preparations for the World Cup. Across global consulates, the Department of State is planning for:
  • Increased staffing during the months surrounding the tournament
  • Additional appointment availability
  • Special appointment accommodations for verified ticket holders

These operational changes are designed to manage exceptionally high demand, but they do not expand visa eligibility requirements for the general public.

Who Is Not Covered by the Update
The new FAM language applies only to accredited volunteers.  It does not provide any special visa pathway or relaxed standard for:
  • Fans
  • Tourists
  • Friends or family of volunteers
  • Individuals traveling for commercial or entertainment purposes related to the event

All other applicants remain subject to the same requirements that apply outside of World Cup activities.

Ongoing 214(b) Concerns

Recent trends in INA 214(b) adjudications have resulted in higher rates of refusal for applicants unable to demonstrate strong ties to their home country.  These trends are expected to continue, especially given the anticipated surge in World Cup-related travel.  As a result:
  • Fans may experience closer scrutiny during interviews
  • Documentation and preparation remain essential
  • Applicants should apply as early as possible to avoid delays

Key Takeaways
  • The update provides a clear path for B-1 visas for FIFA-accredited volunteers only.
  • Fans and non-volunteer travelers do not receive special visa benefits under this provision.
  • Standard visitor visa requirements remain unchanged, including strict application of INA 214(b).
  • Consular operations will expand ahead of the event, but adjudication standards will not.

​For questions about visitor visa eligibility, documentation strategies, or planning travel around the World Cup, you may contact our office at [email protected]
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