H-1B and EB-5 Visas

Recent Developments in Temporary Protected Status Litigation and Possible Alternatives to TPS

July 31, 2025 | by Anthony A. Fatemi, LLC

As a part of its overall set of immigration policies, the Trump Administration has sought the termination of temporary protected status (TPS) for immigrants from several countries. Earlier today, a federal court in California issued an order stopping that termination… for now. Immigrants from the affected countries should be aware that litigation is ongoing and orders that keep TPS in place are not final. Immigrants should consider alternative options, including obtaining status by another means. If you are currently someone under TPS, you should contact a knowledgeable Maryland immigration lawyer to discuss what steps you can take to protect yourself.

Currently, a group called the “National TPS Alliance” has undertaken two federal lawsuits in California. At the same time, the Haitian Evangelical Clergy Association has initiated one action in a New York federal court. These lawsuits against the Department of Homeland Security oppose Trump Administration initiatives to cut off TPS for immigrants from various countries that include Haiti, Venezuela, Honduras, Nicaragua, and Nepal (among others).

Earlier today, a federal district court in California ruled against the administration’s effort to cut off TPS for Nicaraguans, Hondurans, and Nepalese. The administration had slated TPS for immigrants from those countries to end on August 5 (Nepal) or September 8 (Honduras and Nicaragua). The judge’s order postpones termination until at least November 18, when the court will convene another hearing.

Some Questions and Answers About the EB-5 Visa Program and the New ‘Gold Card’ Proposal

May 30, 2025 | by Anthony A. Fatemi, LLC

Investor immigrants have, for many decades, had one primary pathway to permanent residency — the EB-5 visa. Recent statements from the Trump Administration indicate that this may change soon. The creation of new visas could mean new options and a need to adjust how one pursues permanent residency. If you are seeking to obtain a visa via the investment route, having a skilled Maryland investor visa lawyer advising you is vital… now more than ever.

On February 25, President Trump stated that the federal government planned to offer a new route to permanent resident status for investors. It is called the “Gold Card,” and it would offer lawful permanent resident status and the potential to achieve citizenship in exchange for a $5 million sum.

On May 21, Newsweek reported that the website for seeking Gold Cards would launch within “a matter of weeks.”

USCIS Creates a New Regulation Designed to ‘Modernize’ H-1B Visa Requirements

December 30, 2024 | by Anthony A. Fatemi, LLC

H-1B visas help workers in various professions, from engineers and scientists to IT professionals, doctors, architects, teachers, and investment bankers. The application process for obtaining an H-1B visa can be complicated, so whether you are a potential sponsor or H-1B visa recipient, obtaining representation from an experienced Maryland immigration lawyer is often essential to mastering the system.

An essential part of this mastery is keeping up with the latest changes and evolutions in the law and the applicable regulations. Earlier this month, the U.S. Customs and Immigration Services released a significant new regulation, the “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers” Final Rule.

The new rule makes several noteworthy adjustments related to H-1B visas. It amends the definition of “specialty occupation.” The current regulation says a “baccalaureate or higher degree or its equivalent is normally the minimum requirement” to serve as a qualifying specialty occupation. The new amendment clarifies that “normally” in this sense does not mean “always.”

How a New Federal Initiative Could Substantially Benefit ‘DREAMers’ Seeking Visas

June 28, 2024 | by Anthony A. Fatemi, LLC

Earlier this month, the Biden Administration and the U.S. Department of Homeland Security announced two new initiatives related to immigrants. One is tailored toward expediting the work visa process for college degree-holding Deferred Action for Childhood Arrivals (DACA) recipients (“DREAMers”) who graduated from U.S. colleges and universities. The other is designed to help undocumented spouses and children of U.S. citizens in their pursuit of legal status. The new initiatives are yet another reminder that the law regarding DREAMers is fluid and evolves frequently. As you pursue your work visa, it is wise to retain a knowledgeable Maryland immigration lawyer who is fully up-to-date on the latest changes related to DACA and the Development, Relief, and Education for Alien Minors (DREAM) Act.

One initiative will purportedly expedite the process for DREAMers with college degrees from accredited U.S. colleges/universities and have qualifying job offers. To access the new policy, the offer must be: (1) from a U.S. employer and (2) be in a field related to the applicant’s university major. Additionally, the applicant must “otherwise qualify for the nonimmigrant visa they are applying for.”

If the applicant meets these criteria, he/she could be eligible for a Section 212(d)(3) waiver. Section 212(d)(3) allows federal immigration authorities, on a discretionary basis, to waive most grounds of inadmissibility. This part of the new initiative involves providing enhanced clarity regarding waiver eligibilities, processes, and procedures under Section 212(d)(3).

New Stats from the USCIS Show a Steep Decline in the Number of New H-1B Registrations for FY 2025

May 24, 2024 | by Anthony A. Fatemi, LLC

The paperwork and procedural requirements involved in pursuing a work visa are often intricate and detailed. Even technical errors may substantially reduce your odds of success… or derail you completely. To ensure that the application you put forward is free of the pitfalls that can harm or destroy your chances of a successful outcome, it pays to work with a Maryland work visa lawyer who is fully knowledgeable and experienced in these matters.

Last month, the U.S. Customs and Immigration Service revealed the number of H-1B visa registrations it received for Fiscal Year 2025. That number of registrations for FY 2025 represented a massive 39% drop from the agency’s total registrations for FY 2024.

Multiple possible reasons may explain the substantial dip. One fact worth noting is that the number of registrations for 2024 – 780,844 – was vastly higher than in any other recent year. Since 2021, the second highest number of registrations came in FY 2023, at 483,927. (2025’s registrations, numbering 479,953, were less than 1% fewer than those received in 2023.)

New Guidance from The USCIS Addresses the EB-5 Program, Investment Durations, and the Impact of a Terminated Regional Center on an Investor’s Visa Application

January 17, 2024 | by Anthony A. Fatemi, LLC

The EB-5 immigrant visa program serves a very important purpose, granting legal status to investors and entrepreneurs whose contributions are vital to maintaining a healthy U.S. economy. The program imposes numerous and sometimes complicated requirements that demand the production of considerable evidence to secure a green card. Failure to meet all the various requirements may result in unnecessary delay or denial. A knowledgeable Maryland investor visa lawyer can help you ensure that your business plan is strong and that you have everything you need to secure your visa.

The program provides green cards to investors who infuse a set minimum amount into a job-creating commercial venture in the U.S. Today, that figure generally is $1 million. That number is only $500,000, however, if the commercial venture is placed in a targeted employment area (TEA.) The federal government defines “high unemployment” TEAs as areas where the unemployment rate is 1-1/2 times the national average or higher. Additionally, the program demands that the venture create at least 10 jobs. Those jobs don’t have to exist at the time of the investment but they must be created within 2 years.

In 2022, Congress passed the EB-5 Reform and Integrity Act of 2022 (RIA), which amended the statutory sections that govern the EB-5 program. One of those changes added new statutory language requiring that EB-5 investments “be expected to remain invested for at least two years.” A new guidance document from the USCIS addressed an important question created by this modified statutory language: what’s the start date for this 2-year requirement?