The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has issued an interim final rule eliminating the automatic extension of employment authorization documents (EADs) for most noncitizens who timely file renewal applications. This policy change will apply to EAD renewal applications filed on or after October 30, 2025.
Read the full Alert on the Duane Morris website.
By Ted Chiappari, Alejandra Vargas, Isabella Castellón Lebrón and Guilherme Massetti
U.S. Citizenship and Immigration Services (USCIS) has recently issued a series of changes in policy and practice that could make it significantly harder for some people to acquire U.S. citizenship and lengthen the processing times for all applicants. While there have only been isolated anecdotal reports of changes so far in how naturalization interviews are being conducted, we expect more noticeable changes in the coming months. Similarly, on August 19, 2025, USCIS announced updates to its policy manual expanding officers’ discretionary authority for certain immigration benefits requests, directing them to give “significant negative discretionary weight” for “anti-American” ideologies or activities.
Read the full Alert on the Duane Morris website.
President Trump’s Gold Card is now sounding a lot more like a green card (lawful permanent residence).
The Executive Order (EO) issued on Friday, September 19, 2025 – https://lnkd.in/e5_9j3Se – relies on existing green card categories for those making a gift of $1 million to the United States under 15 U.S.C. 1522: the so-called EB1A for persons of extraordinary ability and the EB2 for those whose presence in the United States is in the national interest. For companies making a gift on behalf of an individual, the minimum is $2 million.
The Departments of Homeland Security of State, which bear responsibility for immigration functions, and the Department of Commerce, which is responsible for accepting the gifts, have 90 days to implement the Executive Order. These Departments are also ordered to consider expanding the Gold Card to the EB5 green card category for investors.
Gold Card applicants will, like other green card applicants, face annual quotas set statutorily by Congress. The EB1 and EB2 categories are currently both backlogged for those born in India and Mainland China.
Once approved, Gold Card holders, like other lawful permanent residents, will be US tax residents subject to income tax on their global income. The Trump Administration tacitly acknowledges this in its Trump Card website at https://trumpcard.gov/, which now also presents the option of a Platinum Card in addition to the Gold Card.
As currently presented, the Platinum Card will be available for a $5 million contribution, allowing Platinum Card holders to spend up to 270 days per year in the United States without being subject to U.S. taxes on non-U.S. income. Presumably the Platinum Card will be a temporary (nonimmigrant) visa rather than permanent residence, with changes to the Internal Revenue Code and Treasury Regulations needed to exempt Platinum Card holders from the current substantial presence test, under which those without green cards are still taxed as US tax residents if they spend sufficient time in the United States. The EO issued on Friday does not address the Platinum Card at all.
Effective immediately, the Department of State has reinstated the pre-pandemic eligibility criteria for the Dropbox program. This change reverts the eligibility window from 48 months back to 12 months and continues to mandate that the renewal be for the same visa category as the prior visa. These changes have significant implications for nonimmigrant visa holders, particularly in countries with existing consular backlogs, as they may lead to increased wait times for visa stamping.
The U.S. Visa Interview Waiver Program, commonly referred to as the “Dropbox” process, was initially designed to streamline the visa renewal process for eligible applicants by allowing them to bypass the in-person interview at U.S. consulates. This program was particularly beneficial during the COVID-19 pandemic, as it helped reduce consular backlogs and minimized in-person interactions. During this period, the Department of State extended the eligibility period from 12 months to 48 months and allowed renewals across different visa categories, thereby expediting visa renewals and minimizing disruptions for international travelers.
Continue reading “State Department Announces Worldwide Restrictions on “Drop Box” Interview Waiver Program”The United States Citizenship and Immigration Services (USCIS) has announced the opening of the initial registration period for the fiscal year (FY) 2026 H-1B cap. This announcement is a significant milestone for employers and foreign professionals seeking to work in the United States under the H-1B visa program. The registration period will commence on March 7, 2025, and will remain open until March 21, 2025.
The H-1B registration process is a critical step for employers wishing to sponsor foreign workers. Employers must first create an online account with USCIS to submit their registrations. During the registration period, employers can submit basic information about the company and each prospective employee. It is important to note that only those with selected registrations will be eligible to file H-1B cap-subject petitions.
Continue reading “USCIS Announces FY 2026 H-1B Cap Initial Registration Period Opening on March 7”The stated goals of Donald Trump and the Republican Party are to restrict both humanitarian immigration and legal business immigration. The party’s 2024 platform was discussed in more detail in our blog post, “Business Immigration Planning for 2025.” Now that Trump has been elected as our next president, here are some actions businesses can take between now and January 2025 to manage, or even minimize, the impact of those likely restrictions on foreign national employees.
Read the full Alert on the Duane Morris LLP website.
On October 4, 2024, a California federal jury found Cognizant Technology Solutions engaged in a pattern or practice of intentional discrimination against a class of non-South Asian and non-Indian employees. Cognizant is a U.S.-based multinational IT consulting company and one of the country’s top users of the H-1B (specialty occupation) visa.
Read the full Alert on the Duane Morris LLP website.
2024 has seen a plethora of developments impacting U.S. immigration. While many developments represent incremental changes to U.S. immigration practice, particularly concerning conventional business and employment-based immigration, more substantial changes to immigration law are only achievable through congressional legislation and, given the current political climate, such congressional action is unlikely. Nonetheless, here are some of the noteworthy developments in 2024 and possible changes in U.S. immigration practice worth watching for the year to come:
1. State Actions/Proposed Actions
There are several reasons why lawful permanent residents (LPRs) might choose to abandon their green cards. One common reason is relocation due to employment opportunities in another country, where a green card holder no longer needs to maintain permanent residence in the United States. Additionally, changes in personal circumstances, such as family commitments or lifestyle preferences, might prompt someone to move somewhere else and give up their green card, which is officially known as a Permanent Resident Card or Form I-551.
Tax considerations also play a significant role. U.S. green card holders are subject to U.S. tax obligations on their worldwide income and may also face U.S. estate, gift and generation-skipping transfer (GST) taxes, as green card holders are also frequently determined to be domiciled in the United States. In addition, once an LPR becomes a “long-term resident” (LTR) under the U.S. Internal Revenue Code’s expatriation tax provisions (generally, by having had the green card for any portion of eight years within a 15-year period), the abandonment of the green card can subject the LPR to a mark-to-market capital gains tax on global assets. So surrendering the green card in a timely fashion and with the benefit of effective pre-surrender tax planning can greatly simplify a former LPR’s tax situation and minimize unanticipated tax consequences.
Read the full Alert on the Duane Morris LLP website.
The Department of Homeland Security recently announced the implementation of the Biden-Harris administration’s Keeping Families Together Program, which allows certain noncitizens present in the United States for at least 10 years and married to U.S. citizens on or before June 17, 2024, (and qualifying stepchildren) to apply for parole without leaving the U.S. and being separated from their families. Some DACA and TPS recipients who are spouses or stepchildren of U.S. citizens may also be eligible. Parole in place has already been available for certain military service members and their family members.
Read the Alert on the Duane Morris LLP website.
