This comprehensive guide, by Richard T. Herman, Esq., founder of the Herman Legal Group – The Law Firm for Immigrants, explains when a lawful permanent resident (LPR or green card holder) may be treated by U.S. Customs and Border Protection (CBP) as “seeking admission.”
It’s written for everyday travelers and immigration professionals who need clarity on the 180-day, 1-year, and 2-year rules, with embedded official resources for reference.
Under INA § 101(a)(13)(C) of the Immigration and Nationality Act, a lawful permanent resident who was properly admitted and has not lost status is not treated as seeking admission to the U.S. unless one of six exceptions applies, such as:
The U.S. Citizenship and Immigration Services (USCIS) elaborates on LPR travel rules on its official USCIS Green Card Travel page.
Key takeaway: a lawful permanent resident normally reenters freely, but crossing the 180-day threshold exposes you to inspection as a new “applicant for admission.” The Catholic Legal Immigration Network (CLINIC) notes that even short absences can cause issues if you appear to have moved abroad.
Trips under six months are usually uneventful. CBP officers typically accept these absences as temporary visits abroad, assuming you kept ties to the U.S.
See official guidance at the CBP Returning Residents page.
Under the statute, if you remain abroad more than 180 days, you may be treated as “seeking admission” under INA § 101(a)(13)(C)(ii).
CBP may:
See CLINIC’s resource, “Absences That Are Too Long and How to Cure Them”, for nonprofit legal guidance on rebutting abandonment claims.
If you’ve been outside the U.S. for one year or longer without a valid reentry permit, your green card alone no longer guarantees entry.
You may be considered to have abandoned your residence, and you’ll likely need a Returning Resident (SB-1) Visa from a U.S. consulate.
The U.S. Department of State provides detailed SB-1 instructions on its Returning Resident Visa page.
A valid reentry permit, issued through USCIS Form I-131, allows you to stay abroad up to two years while preserving your status.
Learn more directly from USCIS at its Reentry Permit FAQ.
Important notes:
Refer to the USCIS Travel Documents overview for current requirements.
To prove you’ve maintained your U.S. domicile, carry original or digital copies of:
At the port of entry, always express your intent to permanently reside in the U.S..
If questioned, calmly explain:
“I have a home and job in the U.S., file taxes, maintain accounts, and my travel was temporary for family/business reasons.”
CBP provides traveler tips on CBP Help Center Article #1687.
Step-by-Step:
Refer to USCIS’s official “How Do I Get a Reentry Permit?” guide (PDF).
You may face difficulty at CBP or later immigration stages if:
Seek experienced counsel early—preferably from an immigration attorney familiar with CBP inspection protocols.
The American Immigration Lawyers Association (AILA) and nonprofits like CLINIC provide community guidance and attorney directories.
Q: What if my trip lasted 190 days?
CBP can presume you are seeking admission, but if you show strong U.S. ties, you should still be readmitted as a returning resident.
Q: My flight was canceled and I returned after one year—am I in trouble?
Possibly. You’ll need documentation proving the delay was beyond your control. You may need to apply for a Returning Resident Visa (SB-1).
Q: What if my green card expired while I was abroad?
File Form I-131A to get a boarding foil before traveling back to the U.S.
Q: Can a reentry permit serve as a passport?
In some countries, yes. Check entry rules in advance. Details at the USCIS Reentry Permit FAQ.
Q: What if I left before my I-131 was approved?
You can have it delivered to an embassy abroad, but you must have attended biometrics first.
Richard T. Herman, Esq. is a nationally recognized immigration attorney with over 30 years of experience representing families, businesses, and immigrants worldwide. He is the co-author of Immigrant, Inc. and the founder of the Herman Legal Group – The Law Firm for Immigrants.
To learn more or schedule a confidential consultation, visit his bio page or book a consultation here.
By Richard T. Herman, Esq.
President Donald Trump’s proposed mass deportation policies could trigger a U.S. food crisis by severely disrupting the agricultural workforce, including agricultural workers who are essential to planting, tending, and harvesting crops, and food processing labor force. This disruption would threaten the nation’s food supply, leading to widespread unharvested crops, acute shortages in meat and produce, and a significant, persistent spike in consumer food prices. The threat of this action, often enforced by Immigration and Customs Enforcement (ICE), creates a structural workforce crisis for the entire nation.
The U.S. food system is critically dependent on immigrant labor to sustain America’s farm workforce, with foreign-born workers filling essential roles from cultivation to distribution.4 Immigrants, including undocumented immigrants, represent about of all workers in the food supply chain. This high reliance is driven by the physically demanding nature of many agricultural and processing jobs that native-born workers often do not pursue.5 These roles often require long hours under challenging conditions, which many native-born workers are unwilling to accept.
The farm and food sectors rely on this migrant labor, regardless of their legal status or immigration status, for both seasonal and year-round operations, a dependency documented by the U.S. Department of Agriculture.6 The Labor Department recognized that agricultural work is among the most physically demanding and hazardous occupations in the U.S.
Nearly one-half of the nation’s crop farmworkers are undocumented immigrants, making the sector acutely vulnerable to mass deportation efforts. A report from the Center for American Progress found that approximately million undocumented individuals work across the entire food supply chain. These figures highlight a deep, systemic reliance across the nation’s farms, especially in key agricultural states like California, Texas, and Florida, where the foreign-born workforce, including foreign nationals from countries such as Mexico, can exceed of the total labor force. Over the past several decades, the U.S. agricultural sector has become increasingly reliant on these workers, making it nearly impossible to replace large numbers of them with domestic labor.
The immediate impact of mass deportation would be a crippling shortage of workers, causing significant disruptions to the food supply chain, leaving perishable crops to spoil in the fields. Enforcement actions by Immigration and Customs Enforcement (ICE) create an environment of fear. This anxiety often results in a “self-deportation“ effect, where undocumented immigrants simply stop showing up for work to avoid detention. Antonio de Loera-Brust, an organizer with the United Farm Workers, notes that anti-immigrant rhetoric and enforcement actions not only drive farmworkers away but also undermine labor organizing efforts in the agricultural sector. These enforcement actions, including immigration raids, further destabilize the labor market and intensify worker shortages. The resulting labor loss would remove up to workers from the agricultural sector, according to the U.S. Joint Economic Committee, guaranteeing unharvested fields and processing bottlenecks, directly compromising food security. The Trump administration admitted that its immigration crackdown risks food shortages and that American workers will not step up to fill labor needs.
Labor-intensive crops that require delicate, non-automated human handling would be the first to face ruin.9These include fruits, vegetables, and nuts, which must be harvested at peak ripeness. The dairy industry is also highly reliant on immigrant labor for its year-round operations.
Vulnerable crops and industries include:
Additionally, extreme weather events further threaten these crops, compounding the risks posed by labor shortages.
A single, large-scale raid in a growing region, such as the Pacific Northwest, could instantly wipe out the harvest for hundreds of acres.
Mass deportation would cause a sharp and sustained rise in rising food prices for U.S. consumers, significantly contributing to national inflation. When the supply of labor drastically drops, the cost of the remaining labor spikes. At the same time, the instability in the workforce can lead to lower wages for those who remain, as employers struggle to balance production costs. Farmers pass these dramatically higher production costs directly to consumers, creating “upwards price pressures” across the board. Economic research estimates the loss of the agricultural workforce would cause a major spike in costs and fluctuations in wages throughout the agricultural sector.
The economic consequences extend far beyond grocery costs, hitting the overall Gross Domestic Product (GDP) and decimating rural economies. Deporting millions of working-age people removes both producers and consumers from the economy, leading to economic retrenchment.
The loss of immigrant labor eliminates the benefit these workers provide to America’s agricultural sector and rural communities.
Rural communities and policymakers must respond quickly to these challenges to prevent long-term economic decline.
A new rule issued by the Department of Labor aims to address some of these workforce shortages, but its effectiveness remains uncertain.
The entire support structure of rural economies—small businesses, schools, and hospitals—would suffer profoundly from a sudden population collapse.
Neither agricultural automation nor the expansion of the legal H-2A visa program can fully replace the massive loss of workers from Trump’s mass deportation plans. While the long-term trend is toward automation, technology is not yet sophisticated enough to handle the complexity and diversity of most specialty crop harvests. However, for decades, the U.S. farm workforce has depended on foreign nationals to fill essential roles that machines cannot yet replicate. The immediate labor void cannot be filled by machines.17
The H-2A visa program is a temporary, seasonal legal pathway, but it is fundamentally unsuited to solve a structural workforce crisis.18 The program is limited to temporary or seasonal work, making it unavailable for critical, year-round roles in food processing plants and dairy operations.19 Furthermore, because the worker’s status is tied to a single employer, there are inherent vulnerabilities to exploitation and abuse, a serious concern raised by advocates.
Advocacy groups like the United Farm Workers have raised concerns about the program’s impact on workers’ legal status and immigration status, calling for reforms to better protect their rights.
The administration’s own Department of Labor has acknowledged that its aggressive immigration enforcement policies pose a serious threat to the U.S. food supply chain.20 In a [Federal Register filing] (https://www.washingtonpost.com/business/2025/10/11/immigration-crackdown-food-prices/) detailing a new wage rule, the agency warned of a “current and imminent labor shortage” on American farms. The Labor Department concluded that agricultural employers will be unable to maintain operations without rapid action on labor policy, placing the nation’s food supply at risk.
This official acknowledgment cites several factors:
The filing essentially contradicts earlier claims that U.S. citizens would step up to fill the vacancies created by mass deportation, instead arguing that new measures are needed to ease H-2A visa program access to prevent farm bankruptcies.24
The Department of Labor has also emphasized the need to verify the legal status of workers to ensure compliance with federal regulations.
Beyond mass deportation, related anti-immigrant policies can exacerbate the threat to U.S. food security by targeting immigrant families. Measures that restrict access to basic social safety nets can increase food security issues, even for authorized residents. These policies create a broader environment of hostility and instability for all working migrant labor.
Restrictions on federal programs like the Supplemental Nutrition Assistance Program (SNAP) create “public charge” rules, which punish immigrants who access benefits. This fear causes families, including those with U.S. citizen children, to avoid essential support services, which directly contributes to higher rates of hunger and malnutrition among vulnerable populations.
Q: Would native-born workers fill the jobs left vacant by mass deportation?
A: Historically, native-born workers have not filled the manual labor roles vacated by immigrants. The jobs are often difficult, low-paying, and in remote areas. Evidence from past deportations shows that employers instead turn to mechanization, reduce production, or simply fail to replace the lost labor.
Q: How quickly would grocery prices rise after mass deportations begin?
A: The rise in food prices would begin immediately due to fear-driven worker absenteeism and unharvested crops.28 Economists forecast that the full impact, with prices rising by over 9%, would be realized within three to four years as labor shortages become persistent across the entire food supply chain.
Q: Does mass deportation only affect agriculture?
A: No, mass deportation impacts every sector. Undocumented immigrants are also concentrated in construction, hospitality, and manufacturing. Losing this labor creates major challenges in the supply of housing, restaurant services, and processed goods, driving up costs across the board.
Q: What is the main structural weakness of the U.S. food system?
A: The main structural weakness is its reliance on a large, predominantly unauthorized migrant labor force for low-wage, high-difficulty manual jobs, combined with an outdated and insufficient legal immigration system (H-2A visa program) that fails to meet year-round needs.29
The economic models are clear: the pursuit of Trump’s mass deportation agenda is a policy collision course with the stability of the U.S. food supply chain. The essential 25 share of undocumented immigrants in the agricultural workforce cannot be instantly replaced.26 The resulting collapse of harvests, labor shortages in food processing plants, and subsequent surge in rising food prices threatens American food security for all consumers.27 Ultimately, this approach would impose trillions in economic costs, shrink the GDP, and destabilize the very rural economies it purports to protect. A humane and sensible immigration policy is not merely a social issue; it is a critical matter of national economic and food security.
Richard T. Herman, Esq., is a nationally recognized immigration lawyer and a leading expert on immigration and the economy, with over years of experience. He is the founder of Herman Legal Group and co-author of the acclaimed book, Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (And How They Will Save the American Dream). Richard has been a frequent commentator on the economic imperative of immigration for organizations across the country.
U.S. Embassy and Consulate visa and passport operations, which are primarily fee-funded, generally continue during a government shutdown. Consulates overseas play a crucial role in providing passport and visa services to American citizens and travelers abroad during such periods. Many functions of the US mission—including embassies and consulates overseas—continue operating during a shutdown, but may be scaled back if fee revenue or funding is insufficient. A lapse in appropriations, the technical term for the government funding shortfall, triggers these operational changes. The ability to provide services depends on how long the shutdown lasts, and adjustments may be made as the situation permits to ensure essential services are maintained.
No, the U.S. Embassy and Consulates do not typically cease all functions, but their operational stability is fragile. The U.S. Department of State (DOS), the US Department responsible for consular services, benefits from a critical distinction: its consular operations, including the adjudication of visa and passport services, are largely financed by application fees. This allows them to function outside of the immediate congressional appropriations crisis that shuts down other federal agencies.
The entire process hinges on the health of the Consular Fee Account. When an applicant pays a Machine Readable Visa (MRV) fee or a passport fee, that money is used to pay the salaries of the “essential” consular officers, local staff, and the operating costs of the Embassies and Consulates worldwide.
The primary impact on applicants is not outright cancellation, but a crippling delay in capacity and interagency dependencies. Immigration applications may also experience delays due to these interagency dependencies during a shutdown.
While scheduled nonimmigrant visa interviews are likely to proceed, a backlog begins building immediately for new applicants. Furloughs of non-essential domestic support staff, who manage IT, security systems, and administrative logistics, can hobble the scheduling systems globally. However, essential consular staff continue working to process scheduled interviews, even as support staff may be furloughed.
The biggest threat to a timely visa approval is the invisible bottleneck of security checks, as these rely on appropriated funds outside the DOS.
The most significant delay for visa applicants is typically the halt or slowdown of interagency security and background checks (administrative processing delays), as the agencies conducting these checks rely on annual appropriations.
This process relies on federally funded agencies—like the FBI, the Department of Homeland Security (DHS), and intelligence communities—to perform necessary security and background clearances. When these partner agencies are shut down or operating with minimal, furloughed staff, their functions stop or slow to a crawl, resulting in the visa being placed on temporary hold.
Immigrant visa processing (IVs) for green cards often involves multiple, time-sensitive steps managed by the National Visa Center (NVC), which is also part of the Department of State (DOS).
Passport services are widely recognized as essential and are also fee-funded, providing them with a high degree of operational stability.
During a federal government shutdown, the impact on consular operations and customs services extends beyond just visa and passport processing. The U.S. Department of State’s Bureau of Consular Affairs has confirmed that while essential, fee-funded services—such as visa operations and passport issuance—will continue, certain domestic support functions may be temporarily suspended due to the funding lapse. This means that while the core consular affairs and visa services remain operational, applicants may experience delays in non-essential services, such as document authentication or notarial services, which rely on appropriated funds.
Homeland security estimates indicate that the vast majority of employees involved in customs enforcement and border protection will continue to work throughout the government shutdown. These essential services are prioritized to ensure the security and integrity of U.S. borders and the continuity of critical consular operations. The Department of State and the Bureau of Consular Affairs remain committed to maintaining the highest possible level of service for visa and passport applicants, even as some support operations are scaled back during a funding lapse. Travelers and applicants should be aware that while the main visa and passport services are fee funded and expected to continue, other consular services may be limited until full government funding resumes.
Citizenship and social security services provided at U.S. embassies and consulates may face disruptions during a government shutdown. While the U.S. Department of State has stated that consular operations will largely continue, some services—such as processing new citizenship applications, Consular Reports of Birth Abroad, or certain notarial services—may be delayed or temporarily suspended if they depend on appropriated funding or domestic support staff.
For American citizens abroad, it is especially important to monitor the official State Department website for the latest updates on embassy and consulate operating status, particularly if you have upcoming appointments or urgent travel needs. The Department recommends checking for real-time information before visiting or contacting your local embassy or consulate.
Regarding social security services, the Social Security Administration has announced that benefit payments will continue as normal during a government shutdown. However, new applications for social security numbers, replacement cards, or other non-emergency services processed through U.S. embassies and consulates may experience delays. Individuals seeking these services should plan ahead and consult the official State Department website for guidance on the availability of specific services during the shutdown period.
Understanding the full impact of a government shutdown on the Department of State (DOS) requires an ecosystem view of the immigration system. The primary choke point is the interdependence between the DOS, USCIS, and the DOL. The US federal government plays a central role in coordinating these agencies, and a shutdown disrupts their operations, affecting the delivery of essential services and immigration processes. Customs and Border Protection, U.S. Citizenship and Immigration Services, and Immigration and Customs Enforcement retain most employees during a government shutdown. Similarly, TSA officers and air traffic controllers are considered essential and will report to work throughout a shutdown. This interagency dependence creates a critical, complex bottleneck for employers and their foreign workers.
The Department of Labor (DOL) relies almost entirely on annual appropriations. As a result, its Office of Foreign Labor Certification (OFLC) completely ceases operation during a government shutdown.
USCIS is also largely fee-funded, meaning most forms (I-130, I-485, I-765, I-140) continue to be processed. However, USCIS is not immune.
| Agency | Shutdown Status | Key Impact on DOS Consular Services |
| Department of State (DOS) | Mostly Open (Fee-Funded) | Risks reduced capacity; priority shifts to emergencies. |
| U.S. Department of Labor (DOL) | Fully Closed (Appropriated) | Halts all LCA and PERM filings, immediately freezing new work visas (H-1B, E-3, etc.) that lead to consular interviews. |
| FBI/DHS | Limited Staff (Appropriated) | Causes administrative processing delays for all visa types due to suspended security checks. |
| USCIS | Mostly Open (Fee-Funded) | Cannot proceed with petitions that require DOL certification, leading to a massive backlog that will eventually affect DOS. |
| CBP | Essential/Open (Appropriated) | Ports of entry remain open, but staffing shortages cause longer lines and slower processing of certain border applications. |
Immigration and customs enforcement operations are considered essential services and will continue to function during a federal government shutdown. The Department of Homeland Security has confirmed that the majority of employees in border protection and customs enforcement will remain on duty, ensuring that critical security and enforcement activities are not interrupted. This means that ports of entry, customs inspections, and immigration and customs enforcement activities will proceed as usual, safeguarding both national security and the flow of international travel.
However, not all services are immune to the effects of a federal shutdown. Some non-essential operations, such as immigration court cases on the non-detained docket, may be suspended or postponed until government funding is restored. In contrast, cases on the detained docket will continue to be processed. The U.S. Mission and the official State Department website will provide updated security information and urgent safety alerts regularly, so individuals with upcoming appointments or urgent travel plans should check these resources frequently.
International travelers and those seeking visa services should be prepared for possible delays in processing and should stay informed about the latest developments. The duration of the federal shutdown can affect how quickly full operations resume, so it is crucial to plan accordingly and remain vigilant for updates from government agencies and the Department of Homeland Security.
When political gridlock strikes, proactive action is the only defense against severe administrative processing delays.
Q: Will my scheduled visa interview at a U.S. Embassy or Consulate be canceled during the shutdown?
A: No, your scheduled visa interview is highly likely to proceed. The U.S. Embassy and Consulates are fee-funded operations, meaning interviews and visa adjudications typically continue in the short term. However, applicants should be prepared for potential delays, staff reductions, or last-minute rescheduling notices if the shutdown becomes a prolonged shutdown. The White House often issues official statements and manages the executive response during a government shutdown, which can impact how agencies operate and communicate updates. Always confirm your status on the official Department of State travel website before traveling.
Q: How does a fee-funded agency like DOS differ from an appropriated agency like the DOL?
A: The primary difference lies in the funding source. Fee-funded agencies, such as the Department of State (DOS) for visa and passport services and USCIS, rely mainly on the fees paid by applicants, which allows them to continue most operations during a government shutdown. Appropriated agencies, like the Department of Labor (DOL) and the Immigration Courts (EOIR), rely directly on annual funding from Congress; when that funding lapses, these agencies must suspend nearly all non-essential functions, including the processing of LCAs and PERM applications.
Q: Is the E-Verify system available for employers during a federal government shutdown?
A: No, the E-Verify system is not available during a government shutdown. E-Verify relies on appropriated funding and is typically taken offline immediately when a funding lapse occurs. Employers cannot enroll, initiate new cases, or resolve Tentative Non-Confirmations (TNCs). However, employers must still comply with Form I-9 completion deadlines and create E-Verify cases retroactively once the system is restored, often receiving an extension on the standard “three-day rule.”
Q: If USCIS is open, why would my H-1B or employment-based green card process still stop?
A: The process stops due to the “Domino Effect” caused by the DOL shutdown. While USCIS is fee-funded and remains open, it cannot approve or process certain employment-based petitions (like H-1B or E-3 visas, or I-140 petitions based on PERM) without the prerequisite labor certification from the DOL. Since the DOL is shut down and the FLAG system is offline, the critical first step (LCA or PERM filing/certification) is frozen, thus stalling the entire immigration pipeline that leads to consular interviews.
Q: Can the Department of State cancel or postpone my immigrant visa processing (Green Card) even if they are fee-funded?
A: While the Department of State (DOS) continues immigrant visa processing, delays are common, especially in the long term. The biggest vulnerability is the halt in administrative processing delays (security checks) conducted by other federally-funded security agencies. If the shutdown persists and these security checks cannot be completed, the final visa issuance will be postponed, regardless of the availability of fee revenue at the U.S. Embassy and Consulates.
Q: What should I do if I have a filing deadline or my H-1B status is maxing out during the shutdown?
A: Consult with an immigration attorney immediately, as legal deadlines do not generally change just because the government is closed. If you are unable to file a time-sensitive petition (like an H-1B extension) due to the unavailability of a required LCA from the DOL, USCIS may recognize the shutdown as an “extraordinary circumstance” and excuse a late filing on a case-by-case basis. You must carefully document the cause of the delay. Employers facing PERM deadlines may be able to file by mail to establish timely submission, though this is a complex strategy requiring expert guidance.
The government shutdown reveals the often-overlooked vulnerabilities in our complex immigration apparatus. While fee-funded operations provide the Department of State (DOS) with short-term protection, the reliance on appropriated agencies for essential security clearances and labor certifications creates a cascading failure across the system. Non-detained docket cases will be reset for a later date when funding resumes during a government shutdown. However, immigration court cases on the detained docket continue during a government shutdown. For applicants and employers, the core message remains one of heightened vigilance and immediate preparation to mitigate the risks of a prolonged shutdown and the massive backlogs that follow its resolution.
This comprehensive analysis is provided by Richard T. Herman, Esq., a nationally recognized immigration lawyer and founder of the Herman Legal Group, an immigration law firm dedicated to serving immigrants and employers across the United States. Richard is a passionate advocate for immigrant rights and economic revitalization through immigration, a perspective detailed in his internationally-acclaimed book, Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy (and How They Will Save the American Worker).
Richard has guided countless clients through complex immigration crises, including past government shutdowns, providing him with the unique Experience, Expertise, Authoritativeness, and Trustworthiness ( necessary to advise during these periods of uncertainty. You can learn more about Richard’s legal services and his team on the Herman Legal Group website page, review his professional background on Richard’s bio page, and connect with Richard via social media platforms and his website:
By Richard T. Herman, Esq., Immigration Lawyer
The question of whether an H-1B Visa Holder can safely travel abroad is one that my firm, Herman Legal Group, fields daily. In the current policy climate, the stakes have never been higher. Following the Presidential Proclamation issued on September 19, 2025, which introduced a colossal new $100,000 H-1B Fee Proclamation for certain applications, mass confusion and panic swept across global tech hubs, resulting in urgent travel advisories from major employers and universities. This Proclamation was issued as an executive order by President Donald Trump and involved the Department of Homeland Security in its implementation. This proclamation imposed a $100,000 fee for most new H-1B visa petitions, further complicating the landscape for visa holders and employers alike.
For skilled professionals—many originating from countries like India and China, who are the backbone of the U.S. technology and research sectors—the threat of being “locked out” of the country has made any international trip feel like a perilous gamble.
Yes, international travel carries a significant and elevated risk for many H-1B Visa Holders right now.
Recent policy changes can impact a visa holder’s ability to travel internationally and return to the U.S. without complications.
While the specific, headline-grabbing threat of the $100,000 H-1B Fee Proclamation has been largely mitigated by agency clarification for those currently working in the U.S., the underlying risks of consular delays remain extremely high.
| Status | Proclamation Risk | Primary Travel Risk Today |
|---|---|---|
| Current, Valid Visa Stamp | Low. The fee does not apply to you for re-entry. | Moderate—Risk of enhanced scrutiny or secondary inspection by CBP upon re-entry. |
| Expired Visa, Valid I-797 | Low. The fee does not apply for a visa stamp renewal. | EXTREME—High risk of Consular Processing Delays (221g) at embassies, potentially stranding you abroad for months. Avoid non-essential travel. |
| New H-1B (First-time Visa) | High. The fee may apply to the employer if you are outside the U.S. | Extreme—Entry is restricted for petitions not accompanied by payment, in addition to consular risks. |
Current employees with valid H-1B status and visa stamps are generally at lower risk compared to new applicants, as their visa processing and re-entry are less impacted by recent immigration policies.
The immediate wave of anxiety was triggered by a Presidential Proclamation (White House) that restricted the entry of certain non-immigrant workers. The proclamation’s main component was the implementation of a $100,000 H-1B Fee Proclamation that employers would be required to pay for each new H-1B petition.1 The proclamation’s effective date is September 21, 2025, at 12:01 a.m. ET, leaving little time for employers and visa holders to adapt to the new requirements. The provisions of this executive order also include exceptions for cases determined to be in the national interest.
The initial wording of this executive action was broad and led to widespread chaos. Global media outlets, including the Times of India and The Economic Times, ran alarming headlines, fueling frantic queries about whether current H-1B Visa Holders who were abroad could re-enter the U.S. (See coverage from the Times of India).
The fear was immediate and palpable: If I am traveling for a family emergency or vacation, will my employer have to pay an extra $100,000 just for me to return to my job?
The core issue that sparked the immediate H-1B international travel risk was the Proclamation’s initial wording, which seemed to bar re-entry for all H-1B workers outside the U.S. after September 21, 2025, unless the new had been paid. This initial interpretation created a scramble, with thousands of professionals seeking immediate return to the United States before the effective date.
Fortunately, swift action by government agencies provided the much-needed USCIS Clarification on Travel, significantly walking back the most alarming interpretations of the Proclamation. U.S. Citizenship and Immigration Services (USCIS), U.S. Customs and Border Protection (CBP), and the Department of State (DoS) released memoranda confirming a critical distinction. (See official guidance from the Department of State). Current H-1B workers seeking visa stamping or reentry based on existing valid H-1B approval notices are not subject to the new fee, alleviating some of the immediate concerns for those already in the U.S.
For the most up-to-date travel and visa information, readers are encouraged to seek additional guidance from official USCIS, CBP, or Department of State resources.
The $100,00B Fee Proclamation and its associated travel restrictions are targeted, not universal.
In short, for the majority of employed H-1B Visa Holders already in the U.S. with a valid visa stamp, the risk of being barred entry due to the $100,000 fee is minimal.
According to USCIS Clarification on Travel, the does not prevent any holder of a current H-1B visa from traveling in and out of the United States. The fee is a one-time charge on new petitions filed after the deadline, ensuring existing H-1B Visa Holders retain their travel privileges without the new cost burden.3
While the immediate Proclamation crisis was resolved by agency clarification, it is dangerous to assume that all H-1B International Travel Risk has vanished. The fundamental risks associated with international travel for a non-immigrant worker remain high and are exacerbated by the current political environment. H-1B visa holders may also be denied entry at the port of entry if there are issues with their documentation or if they are subject to additional scrutiny.
This is the skyscraper information—the risks that exist regardless of any new proclamation.
This is the single greatest threat for an H-1B Visa Holder whose visa stamp has expired. To re-enter the U.S., you must secure a new visa stamp at a U.S. Consulate or Embassy abroad (often in your home country, such as India).
A Consular Officer has broad authority to deny a visa, even if USCIS has approved your H-1B petition (Form I-797).
A prolonged stay outside the U.S., even if unintentional due to Consular Processing Delays, can create severe complications for H-1B Visa Holders.7
| Complication | Risk Profile |
|---|---|
| Status Maintenance | The H-1B requires the employee to be working in the U.S. If forced to work remotely from abroad for months, they risk violating their visa status, leading to future denials. |
| Tax Implications | Working remotely from a foreign country can trigger unforeseen tax liabilities for both the employee and the U.S. employer in the foreign jurisdiction. |
| Employment Termination | If a worker is stranded and cannot perform U.S.-based duties for an extended period, the employer may be forced to terminate the employment, resulting in the H-1B petition being revoked. These risks impact not only individual employees but also the companies that depend on their specialized skills and contributions. |
The intensity of the initial travel warnings highlights the general anxiety in the immigration landscape. These advisories serve as a vital reminder that even a low chance of a catastrophic event is often too high a risk for companies and individuals to take.
These advisories, even after the USCIS Clarification on Travel, reflect the legal reality: It is safer to remain in the U.S. than to risk being separated from your employment by a bureaucratic or political hurdle abroad.
Given the ongoing changes and uncertainty, H-1B visa holders and employers are strongly encouraged to seek professional assistance to ensure compliance and receive up-to-date guidance on travel and immigration matters.
As an immigration lawyer with over three decades of experience, I advise my clients to operate under the assumption that an immigration policy shock can occur at any time. Prudent preparation is your best defense against an elevated H-1B International Travel Risk.
Before making any travel plans, H-1B holders should review official government websites and their own immigration documentation to ensure compliance with current procedures and requirements.
II. Documentation and Legal Preparedness
This section answers the most nuanced questions regarding H-1B international travel, specifically addressing the recent Proclamation and pre-existing risks. U.S. immigration laws are complex and subject to frequent changes, so staying informed is essential.
**A:**No, not directly. The $100,000 H-1B Fee Proclamation is a charge levied against the employer’s petition (Form I-129) for the principal H-1B worker. Only H-1B petitions submitted after the Proclamation’s effective date are subject to the new fee. However, if the principal H-1B Visa Holder is stranded abroad due to Consular Processing Delays related to their visa stamp, H-4 dependents who are also abroad may face similar delays and travel difficulties when seeking their H-4 visa stamp, as their status is derivative of the principal H-1B holder. The safest course is for all family members to hold valid visa stamps or remain in the U.S.
A: The Visa Revalidation Pilot Program (DOS) is a U.S. Department of State initiative designed to allow certain H-1B Visa Holders (and soon, L-1 holders) to renew their visa stamp domestically in the United States, eliminating the need for international travel and the high risk of Consular Processing Delays abroad. It is currently in a pilot phase, but once fully operational, it is expected to significantly mitigate the H-1B International Travel Risk for eligible professionals.
H-1B holders are encouraged to consult experienced immigration attorneys to determine their eligibility for the pilot program and to stay updated on any policy changes.
A: Your H-1B status is immediately jeopardized. The employer must generally notify USCIS of the termination, which revokes the I-797 petition. If your petition is revoked while you are outside the U.S., the consular post will be notified and cannot issue the visa stamp, regardless of how far along your case is. You will be denied the visa and must return to the U.S. using an alternative visa (if available) or wait for a new employer to file a new petition on your behalf. This is the ultimate danger of Consular Processing Delays.
A: No, an approved I-140 (Immigrant Petition for Alien Worker) does not eliminate Consular Processing Delays, but it provides a significant advantage. The I-140 confirms that you have immigrant intent (which is permitted under H-1B dual intent) and validates the long-term legitimacy of your employment. However, it does not stop the consulate from placing your visa stamp application into Administrative Processing (221g) for security or background checks. It is an excellent mitigating factor but not a shield against delays.
A: No, you are not entirely immune. The USCIS Clarification on Travel confirmed that the $100,000 H-1B Fee Proclamation does not apply to current H-1B holders, regardless of whether they are cap-subject or cap-exempt. However, the initial panic and subsequent USC/Amazon/Microsoft Travel Advisory were highly pronounced among cap-exempt institutions like the University of Southern California (USC). All H-1B Visa Holders remain subject to the general risks of Consular Processing Delays, administrative processing, and policy changes at the port of entry.
A: No, but caution is essential. Traveling internationally while an I-485 Adjustment of Status is pending requires a valid Advance Parole (AP) document. Traveling without a valid AP document will be treated as abandoning your I-485 application. The best strategy is to apply for AP concurrently with your I-485 and wait until you have the physical AP card before making any international travel plans, thereby reducing your reliance on the H-1B visa for re-entry, and mitigating one element of the H-1B International Travel Risk. (See USCIS FAQs for H-1B Status).
The recent experience with the Presidential Proclamation on H-1B Workers serves as a potent reminder: immigration policy in the U.S. is fluid, unpredictable, and often subject to judicial challenge. While the USCIS Clarification on Travel successfully de-escalated the crisis for current H-1B Visa Holders, the risk environment remains highly complex. Recent reports indicated that Customs and Border Protection (CBP) may implement additional screening measures for H-1B visa holders at entry points, further complicating the reentry process.
The path forward for skilled professionals on the H-1B visa is one of calculated caution. For those whose visas are current and valid, the risk is manageable. For those who need a new visa stamp abroad, the risk of being delayed by Consular Processing Delays or 221(g) is a significant occupational hazard that must be treated with the utmost gravity.
“For H-1B Visa Holders, the biggest risk is not the fee issue, but the pre-existing threat of prolonged Consular Processing Delays (221g) at embassies abroad. If your visa stamp is expired and you need a renewal to re-enter, you must be prepared to be stranded for several weeks or months in the current policy climate.”
Richard T. Herman is a nationally recognized immigration lawyer, author, and advocate with over 30 years of experience dedicated to guiding immigrants through the complexities of U.S. law. As the founder and President of the Herman Legal Group, Richard has championed the rights of individuals, families, and businesses across the United States.10
His work extends beyond the courtroom; he is the co-author of the acclaimed book, Immigrant, Inc.: Why Immigrant Entrepreneurs Are Driving the New Economy, which showcases the vital role immigrants play in stimulating economic growth and job creation in America. Richard’s commitment to fairness and clarity has made him a trusted voice in the legal community.
To learn more about Richard Herman, his firm’s philosophy on immigration, or to explore resources on H-1B visas and travel, please visit the Herman Legal Group website, and view Richard’s full bio on the official site.
More H1B Resources From Herman Legal Group
· Trump’s War on H-1B in 2025-2026: A Comprehensive Analysis
Our Clients Success Stories
You love your parents. They sacrificed so much to raise you, educate you, and instill the proper values. You came to the U.S., studied, worked hard, and achieved the American Dream. Much of this success story is due to your parents’ love and life-long commitment to you.
As your parents age, it is natural that you yearn to bring them to the U.S. so that you can now take care of them. They are getting older and will need your support, guidance, and funding.
Fortunately, the U.S. immigration system allows you to reunite with your parents through the IR5 Immigrant Visa (Parent Green Card). The IR-5 visa is a family-based Green Card specifically for parents of U.S. citizens aged at least 21 years. The process requires both you and your parent to complete specific steps and provide documentation to ensure a successful application.
Sponsoring your parents for a U.S. green card involves various considerations, including immigration procedures, financial aspects related to healthcare, concerns about your parents’ adaptability to U.S. culture, potential homesickness for their home country, language barriers, and mobility issues. As the U.S. citizen child, your eligibility as the sponsor is crucial to the success of the IR5 visa process.
In this article, we will guide you through the immigration requirements and offer insights to assist you in overcoming any challenges that may arise. If your parent has minor children abroad, keep in mind that separate petitions are required for each child, as they cannot be included in the IR5 application.
This visa permits foreign-born parents to live and work in the US without an EAD. The IR5 parent visa has no annual cap, resulting in shorter wait times than other visa categories. This means there is no limit on the number of parents who can be granted this visa each year.
Living and Working in the US: Parents with an IR5 visa can live and work anywhere in the US without restrictions. They can choose their residence and employment without needing additional work authorization.
Travel and Permanent Resident Status: IR5 visa holders can travel in and out of the US without a separate visa. However, they must maintain their permanent resident status by not staying outside the US for extended periods.
Public Benefits: Depending on eligibility and state laws, IR5 visa holders may have access to public benefits including healthcare, Social Security, and retirement benefits.
Sponsoring Other Family Members: Once they become permanent residents, parents can sponsor their spouse and unmarried children under 21 for green cards.
Pathway to Citizenship: After five years of continuous residence in the U.S., IR5 visa holders can apply for U.S. citizenship, provided they meet the naturalization requirements, including passing the citizenship test and demonstrating good moral character.
Note: While deep in the weeds, the green card for the IR-5 parent visa will contain category IR5. If the parent adjusted status based on an I-130 relative petition filed by their sponsoring child, the green card will contain category IR0.
Immediate Relatives Visas: The IR5 visa for parents of U.S. citizens falls under the Immediate Relative visa category, which is for close family members of US citizens, such as spouses, children, and parents. Since this category is not subject to annual caps, processing times are generally faster.
Family Preference VisasFamily Preference visas are for more distant relatives of US citizens and certain relatives of US Lawful Permanent Residents (LPRs). These visas are subject to annual limits so wait times are longer.
Eligible Petitioners:
U.S. Citizens: Can file immigrant visa petitions for their spouse, children (both married and unmarried), parents, and siblings. To sponsor a parent, the petitioner must be at least 21 years old.
Lawful Permanent Residents (LPRs): Can only petition for their spouse and unmarried children.
To ensure that the IR-5 visa is the right pathway for you, both the sponsoring child and the parents must meet specific requirements:
Sponsor Age: The sponsoring U.S. citizen must be at least 21 years old to apply.
Financial Capacity: The sponsor must have the financial ability to support the parent(s) upon arrival. This involves demonstrating that you can meet or exceed the minimum income requirements set by the U.S. government (125% of the Federal Poverty Guidelines). If your income is not sufficient, you may need to find a co-sponsor who meets the requirements.
Proof of Relationship: The relationship between the sponsor and the parent must be proven with official documentation, typically a birth certificate or adoption decree. The documents must show the legitimate parent-child relationship.
Parent’s Birth Certificate: The parent must provide an official certificate or alternative documents if it is unavailable. The documentation must be acceptable to U.S. immigration authorities.
Proof of Sponsor’s U.S. Residency: The sponsor must either reside in the U.S. or provide evidence of plans to relocate to the U.S. before or alongside the parent’s immigration. This is typically demonstrated through utility bills, lease agreements, or employment letters.
Admissibility to the U.S.: The parent must be admissible to the U.S., meaning they should not have any disqualifying factors such as prior immigration violations, misrepresentation, criminal convictions, or removal orders.
Applying for an IR-5 visa requires specific documentation depending on the relationship between the sponsor and the parent. The required documents for fathers may vary depending on whether the father lives inside or outside the United States, as different supporting documents may be needed based on the father’s residency status. Below are the document requirements based on various scenarios:
|
Applicant Type |
Required Documents from Sponsoring Child |
|---|---|
|
Mother Applying from Outside the U.S. |
– Valid Birth certificate (showing both their name and mother’s name.)\ – Certificate of Naturalization or U.S. passport (if they were not born in the US) |
|
Father Applying from Outside the U.S. |
– Birth certificate (showing their name and both parents’ names)\ – Certificate of Naturalization or U.S. passport (if they were not born in the US)\ – Parents’ civil marriage certificate |
|
Father (Born Out of Wedlock, Not Legitimated Before Age 18) |
– Birth certificate (showing sponsor’s name and father’s name)\ – Certificate of Naturalization or U.S. passport (if they were not born in the US)\ – Evidence of an emotional or financial bond existed with the father before the sponsor was married or 21, whichever came first.\ – A completed Affidavit of Support (Form I-864) |
|
Father (Born Out of Wedlock, Legitimated Before Age 18) |
– Birth certificate (showing their name and father’s name)\ – Certificate of Naturalization or U.S. passport (if they were not born in the US)\ – Evidence of legitimation before the sponsor’s 18th birthday, through marriage of the natural parents or under the laws of the birth state/country of the sponsor or father |
|
Stepparent |
– Birth certificate (showing the names of their birth parents)\ – Certificate of Naturalization or U.S. passport (if they were not born in the US)\ – Civil marriage certificate of birth parent and stepparent (showing the marriage occurred before the sponsoring child’s 18th birthday)\ – Copies of any divorce decrees, death certificates, or annulment decrees to prove any previous marriage entered of the natural or stepparent were legally terminated |
|
Adoptive Parent |
– Birth certificate\ – Certificate of Naturalization or U.S. passport (if they were not born in the US)\ – Certified adoption certificate (showing adoption before sponsor’s 16th birthday)\ – Statement outlining the dates and places where the sponsor and their adoptive parents have lived together |
The IR 5 visa is ideal for US citizens who want to bring their non-citizen parents to live in the US. This visa allows parents to enjoy the benefits of living in the US, such as better healthcare, closer family ties, and improved living conditions. The renewable green card allows parents to live in the U.S. as permanent residents without needing a separate work authorization document.
Who Should Apply?: The IR-5 visa is ideal if you are a U.S. citizen, at least 21 years old, and wish to have your parents live with you in the U.S. permanently. It allows parents to access the rights and privileges of permanent residents, including the ability to live, work, and eventually apply for U.S. citizenship.
Filing for Each Parent Separately: When sponsoring both parents, you must file two separate I-130 petitions, one for each parent. Filing for one parent does not automatically include the other. Each parent’s visa application will require its own set of documentation and fees.
When applying for a green card, applicants generally choose between Adjustment of Status (AOS) and Consular Processing. Both methods lead to permanent residency, but the processes differ in terms of location, timelines, cost, and logistics. Selecting the right option depends on your current location, immigration goals, and personal circumstances.
Consular Processing requires applicants to apply for a green card from their foreign country. By visiting a U.S. embassy or consulate in their home country. This method is often chosen by those living abroad who are not eligible for AOS or those required to leave the U.S. due to visa violations or ineligibility issues. This process begins with filing the I-130 petition for each parent with U.S. Citizenship and Immigration Services (USCIS). Once the petition is approved, the case is transferred to the National Visa Center (NVC) and eventually to the U.S. embassy or consulate in the parent’s home country.
Processing Time: This route can take 18 to 24 months, so planning and patience are necessary.
Disadvantages of Consular Processing:
Some U.S. embassies have limited communication and support, making it harder to address case issues.
If denied, there are fewer legal remedies available, and it can take longer to reopen or appeal the case.
Adjustment of Status allows individuals already in the U.S. to apply for a green card without needing to leave the country. Some parent beneficiaries are already in the US, perhaps after entering as B-2 tourists and then deciding to remain in the US, they may apply for adjustment of status to become a permanent resident. This option is appealing because it avoids the travel, expense, and uncertainty associated with visiting a U.S. consulate abroad. With AOS, the application is processed by USCIS.
Stay in the U.S. throughout the process.
Apply for employment authorization (EAD) and advance parole to work and travel while your case is pending.
Greater control over the process through USCIS tools like online accounts and USCIS Ombudsman services.
Avoid potential delays and limited support from some U.S. consulates.
Important Caution: If the U.S. Customs & Border Protection (CBP) or USCIS decides that the parents were attempting to enter the US as tourists while misrepresenting their true intentions to immigrate on that trip, the parents could be charged with fraud, denied green cards and deported. It is essential to be transparent and adhere to immigration regulations carefully to avoid such consequences. Please review the information below regarding the 90 Day Rule.
Filing the I-130:
The U.S. citizen sponsor files Form I-130 with U.S. Citizenship and Immigration Services (USCIS) to establish a legal relationship with the parent.
Filing Fee: $675 for each parent.
Supporting Documents:
Proof of Relationship: A copy of the sponsor’s U.S. birth certificate or naturalization certificate.
Identification: A copy of the sponsor’s U.S. passport.
Photos: Two identical, passport-sized photos of both the sponsor and the parent.
Name Changes (if applicable): Proof of any name changes, such as marriage certificates or court orders.
Processing Time for I-130:
Regular Processing: 6 to 12 months.
Expedited Processing (if eligible): In certain emergencies (e.g., medical emergencies or military deployment), you may request expedited processing with all the supporting documents.
Once USCIS approves the I-130, the petition is transferred to the National Visa Center (NVC), where it receives a visa number. You will receive a Case Number from the NVC to begin the next step.Tip: Avoid delays by filing all required documents correctly and ensuring all forms are signed. Any missing information could result in a Request for Evidence (RFE), which can slow down the process.
DS-261 (Choice of Address and Agent): After receiving an immigrant visa number from the National Visa Center, the parent must fill out Form DS-261 which designates how the parent wants to be contacted during the visa process.
DS-260 (Immigrant Visa Electronic Application): The parent then fills out Form DS-260, the official online visa application. Submitting the DS-260 form is a key part of the immigrant visa application for parents applying from outside the U.S. Submit all required documents, such as civil documents (birth certificates, marriage certificates) and police clearance certificates, to the NVC. Once the petition is approved, the parent can begin the official IR5 Visa application process by completing the DS-260 form. After submitting the DS-260, the parent will receive a confirmation page, which must be printed and included with the supporting documents for the visa interview.
Fees:
DS-260 Fee: $325.
Affidavit of Support Fee: $120.
Total Fees for Step 2: $445.
After visa issuance, a $235 USCIS immigrant fee is required for green card processing.
Scheduling the Exam: The parent must schedule and complete a medical examination with a U.S. government-authorized doctor before the visa interview.
Cost: Typically ranges from $300 to $500, depending on the location and healthcare provider.
Required Documents for the Exam:
Interview Letter: The green card interview letter from the NVC.
Vaccination Records: A record of all vaccinations and a copy of the parent’s medical history.
Identification: A government-issued photo ID.
Payment: Bring the exam fee; some providers may also accept health insurance cards.
If applicable, a letter from the parent’s regular doctor outlining any ongoing treatment plans.
After the Exam:
The doctor will provide a sealed envelope with the medical records, which must be submitted unopened at the visa interview.
Purpose: The parent must attend a biometrics appointment to provide fingerprints and photographs for identity verification and background checks by USCIS and the FBI.
Requirements:
Appointment Notice: Bring the biometrics appointment notice (Form I-797C).
Identification: A government-issued photo ID, such as a passport or driver’s license.
Additional Documents: Any USCIS receipt notices or documents mentioned in the appointment letter.
Scheduling: The visa interview is usually scheduled 7 to 15 months after filing the I-130 petition. The NVC will schedule an interview at the U.S. embassy for the applicant once all necessary documents have been submitted.
The Interview: Conducted by a USCIS officer or consular official to verify information in the visa application and ensure all documents are in order.
Bring to the Interview:
Valid Birth Certificate and any supporting document used in the application.
Military Records: If applicable.
Proof of Legal Entry: If the parent has been to the U.S. before.
Legal Representation (Optional):
Consider bringing an immigration lawyer, especially if there are previous immigration issues that need to be addressed.
After the Interview:
If the interview is successful, the parent will be issued the IR-5 visa.
Entering the U.S.:
Upon arrival, the parent presents a sealed package provided by the consulate to U.S. Customs and Border Protection at the point of entry.
Receiving the Green Card:
USCIS will mail the green card to the U.S. address provided in the visa application.
To apply for AOS, you must:
Be physically present in the U.S.
Have lawfully entered the U.S. (exceptions apply for certain categories).
Ensure you have no disqualifying factors such as unauthorized employment or visa overstay (unless you qualify for exceptions like marriage to a U.S. citizen).
Tip: Consult with an attorney if you have concerns about eligibility. Some disqualifiers may be waived under specific conditions.
Family-Based Green Card: Form I-130, Petition for Alien Relative.
If your priority date is current, you can file Form I-485, Application to Register Permanent Residence or Adjust Status, either alongside (concurrently) or after your immigrant petition is approved.
Supporting Documents:
Form I-485: Application to Register Permanent Residence or Adjust Status.
I-94 Arrival/Departure Record: Showing your lawful entry into the U.S.
Immigrant Petition: Copy of your approved or pending Form I-130
Form I-864: Affidavit of Support, showing your sponsor can financially support you.
Medical Examination Results: Form I-693, Report of Medical Examination and Vaccination Record, sealed by a USCIS-approved doctor.
Passport Photos: Two passport-sized photos that meet USCIS photo requirements.
Optional Forms: I-765 for employment authorization and I-131 for a travel document.
After filing Form I-485, you will receive a Form I-797 receipt notice from USCIS. Follow the instructions on the receipt to set up an online USCIS account. This allows you to:
Track your case status in real time.
Receive notifications promptly, avoiding issues with delayed or lost mail.
Upload documents if USCIS requests additional evidence.
USCIS will schedule you for a biometrics appointment at a local Application Support Center (ASC). During this appointment, your fingerprints, photograph, and signature will be collected for background checks.
Some applicants may be required to attend an in-person interview at a local USCIS office.
Bring original documents
Be prepared to answer questions about your application to confirm eligibility and clarify any discrepancies.
Interviews are typically brief, but preparation is essential to avoid issues or delays.
USCIS may send a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if additional information is needed to process your case.
Pro tip: Respond promptly to any USCIS requests to prevent unnecessary delays.
USCIS will notify you in writing. If approved, your status will be adjusted to that of a lawful permanent resident and your green card will be mailed to you. In the meantime, if you need evidence of your permanent residency to travel, for employment, or a driver’s license application, you can set up an Info Pass appointment with USCIS, requesting an I-551 ADIT stamp which is temporary evidence of your permanent residency.
The AOS process involves several fees:
I-130 Petition: $675
I-485 Application (includes biometrics): $1,440
Optional I-765 (Employment Authorization) + I-131 (Advance Parole): $1,150
Total AOS Package (without attorney fees): Approximately $3,265
Passport photos: Required for submission.
Certified translations: If any documents are not in English.
Attorney fees: Range from $3,000–$7,000 depending on the complexity of the case.
The AOS process takes 6 to 18 months after Form I-485 is filed but this can vary depending on:
USCIS Workload: Processing times can vary depending on how many applications USCIS is processing at the time.
Interview: If an interview is required, this will add to the processing time.
Request for Evidence: If additional documentation is required, this will delay the process.
Priority Date Waiting Period: Depending on your visa category, waiting for your priority date to become current can add to the overall timeline.
You will be disqualified from AOS:
Unlawful Entry: Entering the U.S. without inspection or a valid visa will make you inadmissible.
Unauthorized Employment: Working in the U.S. without proper authorization will disqualify you unless you qualify for a waiver.
Criminal Record: Certain criminal convictions will bar you from adjusting your status.
Nonimmigrant Visa Violations: Violating the terms of your current visa, such as overstaying, will get you denied.
Misrepresentation/Fraud: Providing false information to the U.S. Embassy, U.S. Customs and Border Protection, or USCIS will disqualify you from adjustment of status.
Note: Waivers and exceptions may be available for certain disqualifications. Consult with an immigration attorney to discuss your options.
When applying for adjustment of status in the U.S., one important concept to be aware of is the “90-Day Rule”. This is a guideline used by (USCIS) to determine if an individual who entered the U.S. on a non-immigrant visa had a pre-conceived intent to immigrate. This is crucial, especially for those who plan to marry a U.S. citizen or take other steps toward permanent residency shortly after entering the U.S.
What is the 90-Day Rule? is a USCIS policy to determine the intent of non-immigrant visa holders when they enter the United States. This rule applies to individuals who entered the U.S. on a non-immigrant visa such as B-2, F-1, or H-1B and then marry a U.S. citizen or take other major steps towards getting permanent residency within 90 days of their arrival.
The Presumption of Preconceived Intent: Under the 90-Day Rule, if a non-immigrant visa holder marries a U.S. citizen or applies for adjustment of status within 90 days of their entry to the United States, USCIS may assume that the individual had a preconceived intent to immigrate when they entered the country.
For example, if someone enters the U.S. on a tourist visa which is for short-term term visits and not for immigration purposes, and then marries a U.S. citizen within the first 90 days, USCIS will question whether the individual intended to go back to their home country or if they always planned to stay in the U.S. permanently.
Rebutting the Presumption: The good news is that the presumption of preconceived intent is rebuttable. This means applicants can provide evidence to USCIS that, they did not have an intent to immigrate when they initially entered the U.S. on a non-immigrant visa.
Some ways to rebut the presumption include:
Providing a detailed explanation of circumstances: Applicants can explain the circumstances that led to their marriage or application for adjustment of status within 90 days. For example, if the marriage was spontaneous and not planned before entering the U.S., this should be clearly stated.
Offering evidence of changed circumstances: In some cases, events or circumstances may have changed after the individual arrived in the U.S. that prompted their decision to marry or apply for adjustment of status. Documenting these changes can help rebut the presumption of preconceived intent.
Submitting affidavits: Affidavits from the applicant, the U.S. citizen spouse, and other individuals who can attest to the legitimacy of the relationship or change in circumstances can help rebut the presumption.
What if the Presumption is Not Rebutted? If an applicant cannot rebut the presumption of preconceived intent, their adjustment of status application will be denied. In some cases, USCIS may also find that the individual committed fraud or willful misrepresentation which can have serious consequences including being barred from re-entering the U.S. in the future.
What to Do If You Are Affected by the 90-Day Rule: If you are planning to marry a U.S. citizen or apply for adjustment of status and you entered the U.S. on a non-immigrant visa within the last 90 days, you should be aware of the 90-Day Rule. Here’s what you can do:
Seek advice: Given the complexity of U.S. immigration law and the consequences of denial, it’s highly recommended to consult with an experienced immigration attorney before you take any step that can trigger the 90-day Rule.
Document your intent: If you decide to marry or apply for adjustment of status within the 90-day period, ensure you have all the documentation of your intent and the circumstances surrounding your decision. This documentation can help rebut the presumption of preconceived intent.
Be ready to provide evidence: USCIS may request additional evidence or an interview to review your case. Be ready to provide a detailed explanation to prove that your actions were not pre-planned before entering the U.S.
To sponsor a parent for a green card, the sponsoring child must demonstrate they have sufficient financial resources to prevent their parent from becoming a public charge. Below are the key financial requirements and options if the sponsor’s income falls short. The sponsoring child must provide evidence of their income, usually through tax returns, pay stubs, or bank statements, to show they meet the minimum financial thresholds set by the U. S. government. If the sponsor’s income is insufficient, there are options available such as obtaining a co-sponsor who can contribute additional financial support. Understanding the nuances of green card holder parent sponsorship is essential to ensure that all criteria are met, enabling a smoother application process.
Income Guidelines for Sponsors
The sponsoring child’s income must meet or exceed 125% of the Federal Poverty Guidelines for their household size, including:
The sponsor, their dependents, and the parent(s) being sponsored.
Any joint sponsors (if applicable).
Example: If the household size is 4 (including the sponsor, one dependent, and both parents being sponsored), the total income must meet the 125% guideline for a family of four.
If the sponsor’s income is insufficient, they can:
Use Assets: Include personal assets (such as savings, real estate, or stocks). If the sponsoring child’s income does not meet the Federal Poverty Guidelines, they may use the value of assets to compensate for the difference.
Seek a Joint Sponsor: A joint sponsor with sufficient income can file an additional Form I-864.
Use Assets: Include personal assets (such as savings, real estate, or stocks).
Seek a Joint Sponsor: A joint sponsor with sufficient income can file an additional Form I-864.
The sponsor must complete Form I-864, Affidavit of Support, demonstrating their financial ability to support the parent. This form is a binding legal document that ensures the sponsor will financially support the parent if necessary.
If the sponsor’s income is below 125% of the Federal Poverty Guidelines, assets can make up the shortfall. To qualify:
Total net assets must be five times the difference between the sponsor’s income and the 125% guideline. The total net value of assets must equal five times the difference between the sponsor’s income and the 125 percent of the poverty level for the household size.
Assets must be readily convertible to cash within 12 months. For more information or legal assistance regarding immigration sponsorship requirements, visit the Herman Legal Group homepage.
Example: If the sponsor’s income falls $10,000 short, their assets must total at least $50,000.
Acceptable assets include:
Savings accounts or investments
Real estate equity
Vehicles (if not essential for daily use)
Sponsoring elderly parents requires planning for healthcare and travel needs. The U.S. healthcare system can be costly, and frequent travel abroad could jeopardize their green card status.
Newly arrived immigrant parents often do not qualify for Medicare right away. Below are some healthcare options to explore:
Medicareis a federal health insurance program for individuals aged 65 or older. However, to qualify, beneficiaries typically need 40 quarters (10 years) of payroll tax contributions in the U.S.
Elderly parents can only apply for Medicare after five years as permanent residents. After this period, they may qualify for Medicare Part A (hospital insurance) and Part B (medical insurance), but they may need to pay higher premiums if they haven’t accumulated the necessary work credits.
Before they are eligible for Medicare, parents may need to purchase private health insurance. If your situation also involves bringing a Nigerian spouse to the US, you may find this CR1/IR1 Visa Process for Nigerian Spouse Applicants guide helpful.
Marketplace Plans (Affordable Care Act): Immigrant parents can purchase insurance through the Health Insurance Marketplace. Depending on household income, subsidies may be available to reduce premiums.
Short-Term Health Insurance: Offers temporary coverage but often excludes pre-existing conditions.
Medigap or Medicare Advantage Plans: Once parents are eligible for Medicare, these plans offer additional coverage, but they involve extra premiums.
Some states offer Medicaid for low-income elderly immigrants, but eligibility criteria and benefits vary by state. Waiting periods may also apply to new immigrants.
Long-term care, such as nursing home care, is not covered by Medicare. Medicaid may cover long-term care for those who qualify but there are strict eligibility requirements including income and asset limits.
Healthcare costs are generally the responsibility of the parent or family. Here are possible sources of funding:
Parent’s Savings or Income: Personal savings, pensions, or other income sources can be used to cover healthcare expenses.
Sponsor’s Financial Responsibility: The sponsoring child is legally bound by the Affidavit of Support (Form I-864) to ensure the parent does not rely on public benefits.
State and Federal Programs: Depending on income and residency status, the parent may qualify for Medicaid or other state-level healthcare assistance.
Tip: It’s crucial to plan ahead for healthcare expenses, as sponsors may be held financially responsible if parents incur medical debt they cannot pay.
Homesickness is common for elderly immigrants and many want to travel back to their homeland periodically. However, this can have serious implications for their U.S. immigration status.
A green card holder must reside in the U.S. as their primary residence. If a parent stays outside the U.S. for an extended period, immigration officials may assume they have abandoned their permanent residency.
Absences of 6 months or more can raise red flags during reentry.
Absences of 12 months or more are generally presumed to be abandonment unless the parent can prove they intended to maintain U.S. residency.
Apply for a Reentry Permit:
If the parent is going to be outside the U.S. for an extended period they should apply for a reentry permit before leaving. This permit allows them to be outside the U.S. for up to two years without being considered to have abandoned their green card.
Note that a reentry permit does not guarantee reentry and each time the parent returns to the U.S. they may be questioned about their intent to maintain permanent residency.
Returning Resident Visa (SB-1):
If the parent remains outside the U.S. for more than a year without a reentry permit, they may need to apply for a Returning Resident Visa (SB-1)to regain entry as a permanent resident.
This process is complex and requires the parent to demonstrate extenuating circumstances that prevented their timely return.
Extended absences can also affect the parent’s eligibility for U.S. citizenship. To apply for naturalization, the parent must maintain continuous residence in the U.S. for at least 5 years.
Absences of 6 months or more can disrupt the required continuous residence.
If disrupted, the parent’s naturalization eligibility will reset, delaying their ability to apply for citizenship.
Pro Tip: Encourage parents to limit overseas travel or plan it strategically to avoid interrupting their green card status and future naturalization goals.
If Form I-130 is denied, the denial letter will include detailed instructions on how to appeal the decision.
File an Appeal:
Appeals must be filed within the specified time frame indicated in the denial notice.
Next Steps After Appeal:
Pay the required appeal fee and submit supporting documents.
The case will be re-adjudicated, and the decision may be reversed or upheld based on the new evidence provided.
Can I apply for an IR-5 if my parent is already in the U.S. on a tourist visa?
Yes, if your parent is already in the U.S. on a valid tourist visa or another type of nonimmigrant visa they may be able to adjust their status to a lawful permanent resident without leaving the U.S. This involves filing Form I-485 (Application to Register Permanent Residence or Adjust Status) along with Form I-130. Make sure your parent maintains legal status in the U.S. while the adjustment of status application is pending. Read above about the 90-Day Rule and pre-conceived intent issues.
What should I do if my parent’s IR-5 visa is denied?
You can appeal the denial to the Board of Immigration Appeals (BIA) within the time frame specified in the denial letter. It’s a good idea to consult with an immigration attorney to understand the denial and prepare a strong appeal with the necessary documents and evidence.
My parents are divorced. Can I sponsor both of them separately for an IR-5?
Yes, you can sponsor both parents, even if they are divorced. Each parent must have a separate Form I-130, and you’ll need to provide legally recognized proof of your relationship with each parent (such as birth certificates). Make sure to include all necessary documents for both petitions.
Will my parent’s criminal records affect their IR-5 application?
Yes, criminal records can affect eligibility for the IR-5 visa. USCIS and consular officers will review your parent’s background to determine if any offenses make them inadmissible. Crimes such as drug offenses or crimes of moral turpitude may lead to denial. In some cases, a waiver of inadmissibility may be available. It’s essential to work with an immigration attorney to evaluate your parent’s options and prepare a statement showing any mitigating circumstances.
Can my parent include my siblings in the IR-5 visa application?
No, the IR-5 visa only applies to immediate relatives, specifically the parent(s) of a U.S. citizen. Siblings cannot be included in the same petition. However, after your parent becomes a lawful permanent resident, they can file visa applications for their minor children (your siblings) under the Family Preference category. This process may take several years due to visa quotas.
I was born out of wedlock, and my father did not legitimate me before I turned 18. Can I still sponsor my father for an IR-5?
Yes, you can still sponsor your father for an IR-5 visa even if you were born out of wedlock and not legitimated before turning 18. However, you will need to provide additional evidence to establish a legally recognized parent-child relationship. USCIS requires proof of an emotional or financial bond between you and your father before you turn 21.
Can I sponsor my adoptive parents for an IR-5?
Yes, you can sponsor your adoptive parents if the adoption was finalized before you turned 16, and you lived with them for at least two years. Be sure to submit a certified adoption decree along with other necessary documents to prove the relationship. For information about what happens when you report a fake marriage to USCIS, including the process and possible consequences, review official guidance.
How long does it take to process the IR-5 visa?
On average it takes 18-24 months. However, delays can occur due to incomplete visa applications, security clearances, and administrative processing. Check the USCIS website for current processing times and plan accordingly.
What are the costs for the IR-5 visa application?
The cost for the IR-5 application includes:
Form I-130 filing fee: $675
DS-260 processing fee: $325 (if applicable)
Form I-864, Affidavit of Support: $120
USCIS Immigrant Fee: $235 (if applicable)
Form I-485 (Adjustment of Status): $1,440 (if applying in the U.S.)
Medical exam and vaccinations: Varies depending on the provider.
Additional costs may be for obtaining official documents, translations, and travel for the interview. Be sure to budget for these and track application deadlines to avoid delays.
Can my parents travel while the IR-5 is pending?
If your parent is outside the U.S. and applying for the IR-5 through consular processing they should not travel to the U.S. on a tourist visa while their application is pending as this may raise questions about their intent. If your parent is already in the U.S. and has applied for adjustment of status they can apply for advance parole (Form I-131) to travel abroad while their application is pending. Traveling without advance parole will abandon the adjustment of the status application.
How can my parent renew their green card or apply for U.S. citizenship?
The green card issued through the IR-5 visa is valid for 10 years. Your parent should apply for renewal 6 months before it expires by filing Form I-90 (Application to Replace Permanent Resident Card).
After 5 years of continuous residence, your parent may apply for naturalization by filing Form N-400. Make sure your parent meets all eligibility requirements before applying.
Can I sponsor my parents if I am under 21?
No, only an adult child who is at least 21 years old can sponsor a parent for the IR-5 visa.
Can I sponsor my siblings along with my parents?
No, siblings must be sponsored separately. Once your parent becomes a lawful permanent resident, they can file visa applications for their other children (your siblings), but this process can take several years due to visa backlogs.
Caring for an elderly parent from a distance is more than logistics—it’s sleepless nights, last-minute flights, hospital waiting rooms, and the ache of missing everyday moments. If you’re exploring how to sponsor a green card for a parent—whether they’re living abroad or visiting the U.S.—you deserve a plan that honors both family and time.
Richard T. Herman has spent 30+ years guiding U.S. families through the parent sponsorship process with compassion and precision. As co-author of Immigrant, Inc. and a national advocate for the benefits of welcoming immigrants, Richard pairs deep legal expertise with an understanding of what’s really at stake: being close enough to care.
Snippet Callout: “Parents of U.S. citizens are ‘immediate relatives’—no annual visa caps—so strategy and completeness often matter more than the queue.”
Clear roadmap from day one: Understand the best path—consular processing abroad vs. adjustment of status in the U.S.—and the tradeoffs for seniors (travel, health, timing).
Paperwork done right the first time: Tight, RFE-resistant submissions for I-130, I-485 (when eligible), I-864 Affidavit of Support, medical exams, and civil documents.
Elder-focused strategy: Guidance on medical considerations, humanitarian or expedite requests, and minimizing stress during interviews and travel.
Pitfall prevention: Avoid issues tied to visitor intent, overstays, or misrepresentation—especially critical when a parent is already in the U.S. on a B-2.
End-to-end support: From priority dates (not applicable to parents) and NVC document collection to interview prep and post-approval next steps.
Multilingual team, nationwide reach: Culturally fluent support that keeps your parent informed and comfortable.
Snippet Callout: “A well-documented, consistent record—relationship proofs, finances, and medical readiness—can shave months off avoidable delays.”
A personalized timeline for your parent’s case
A precise document checklist tailored to your family and country of origin
A clear strategy for faster, cleaner processing—and what to do if delays arise
Answers to the questions that keep you up at night: “Can we adjust status now?” “Should we file abroad?” “How do we avoid RFEs?”
When your parent needs you, every month matters. Give your family the advantage of a trusted, veteran immigration attorney who treats your case with the urgency and care it deserves.
👉 Book a Consultation with Richard T. Herman
Or call (216) 696-6170 to speak with the Herman Legal Group today.
Because this isn’t just a case—it’s your parent, your peace of mind, and your chance to be there when it counts.
Green Card for Immediate Relatives of U.S. Citizens (Parents/IR5)
https://www.uscis.gov/green-card/green-card-eligibility/green-card-for-immediate-relatives-of-us-citizen
Form I-130 — Petition for Alien Relative (overview + filing)
https://www.uscis.gov/i-130
Form I-130 Instructions (PDF)
https://www.uscis.gov/sites/default/files/document/forms/i-130instr.pdf
Form I-485 — Adjustment of Status (if parent is in the U.S.)
https://www.uscis.gov/i-485
Concurrent Filing (I-130 + I-485) Guidance
https://www.uscis.gov/forms/filing-guidance/concurrent-filing-of-form-i-485
Form I-864 — Affidavit of Support
https://www.uscis.gov/i-864
Form I-864P — Poverty Guidelines
https://www.uscis.gov/i-864p
Form I-693 — Medical Exam (AoS cases)
https://www.uscis.gov/i-693
Form G-1145 — e-Notification of Application/Petition Acceptance
https://www.uscis.gov/g-1145
Form AR-11 — Change of Address
https://www.uscis.gov/ar-11
Adjustment of Status Overview
https://www.uscis.gov/greencard/adjustment-of-status
Find a USCIS Field Office (interview location)
https://www.uscis.gov/about-us/find-a-uscis-office/field-offices
I-94 Admission Record (proof of lawful entry)
https://i94.cbp.dhs.gov/I94/#/home
Advance Parole — Form I-131 (travel while AoS pending)
https://www.uscis.gov/i-131
Work Authorization — Form I-765 (EAD while AoS pending)
https://www.uscis.gov/i-765
Immigrant Visa Process (step-by-step)
https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process.html
National Visa Center (NVC) — Role & Communication
https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc.html
CEAC — Pay Fees, DS-260, Upload Docs, Check Status
https://ceac.state.gov/IV
Find a U.S. Embassy/Consulate
https://www.usembassy.gov/
Visa Appointment & Interview Wait Times
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html
Reciprocity Schedule (civil documents by country)
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/reciprocity-and-civil-documents-by-country.html
Medical Exam Abroad (panel physicians)
https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/prepare/medical-examination.html
Visa Bulletin (monthly) — IR5 is typically current
https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html
Visa Availability & Priority Dates (USCIS)
https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-and-priority-dates
USCIS Policy Manual — Family-Based (evidence, relationship, adjudication)
https://www.uscis.gov/policy-manual/volume-6-part-b
USCIS Policy Manual — Adjustment of Status
https://www.uscis.gov/policy-manual/volume-7
USCIS Forms (master index)
https://www.uscis.gov/forms
USCIS Case Status (receipt number lookup)
https://egov.uscis.gov/casestatus/landing.do
USCIS Processing Times (I-130 & I-485)
https://egov.uscis.gov/processing-times/
Outside Normal Time — e-Request
https://egov.uscis.gov/e-request/Intro.do
Expedite Criteria & Requests
https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-requestUSCIS Contact Center / Ask Emma
https://www.uscis.gov/contactcenter
CIS Ombudsman — Case Assistance (DHS)
https://www.dhs.gov/cisombudsman
USCIS FOIA — Request Your Records
https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-foia
American Immigration Lawyers Association (AILA)
https://www.aila.org/
American Immigration Council
https://www.americanimmigrationcouncil.org/
CLINIC (Catholic Legal Immigration Network, Inc.)
https://cliniclegal.org/
Immigrant Legal Resource Center (ILRC)
https://www.ilrc.org/
National Immigration Law Center (NILC)
https://www.nilc.org/
ABA Commission on Immigration
https://www.americanbar.org/groups/public_interest/immigration/
Richard T. Herman is a nationally recognized immigration attorney with 30+ years of experience, a published author, and a frequent media commentator. In an era of rapid Trump immigration policy shifts, Herman provides journalists with clear, accessible legal analysis to help the public understand fast-changing immigration law and enforcement trends. He also supplies journalists with reliable data, ensuring their immigration coverage is informed by accurate and credible information.
Immigration law is one of the most complex and fast-moving areas of U.S. policy. Journalists covering these stories need trusted experts who can provide expert insights that help inform immigration stories with clear, fact-based analysis and guidance. Expert voices are essential to improve immigration news coverage.
Immigration is governed by a patchwork of federal statutes, agency regulations, presidential executive orders, and court rulings. Federal agencies such as USCIS and ICE play a key role in issuing regulations and implementing policy changes. Under Trump’s second administration, immigration law changes often occur overnight. A single announcement can alter the rights of:
Without legal interpretation, these changes are nearly impossible for the general public to fully understand.
When reporters cover immigration stories without expert input, misinformation spreads quickly. Fact checking is essential for journalists to verify immigration and government data, ensuring accuracy and fairness in their reporting. Misreported deadlines, misunderstood executive orders, or confusing terminology can cause panic among immigrant families and mislead the broader public. Immigration law experts like Herman serve as a reliable source for journalists seeking to clarify immigration changes.
Richard T. Herman is an immigration lawyer with a long history and many years of experience in immigration law, spanning over three decades. He is a best-selling author and founder of the Herman Legal Group—branded as “The Law Firm for Immigrants.”
Herman has made significant research contributions to the field of immigration, further establishing his credibility and expertise.
For more than three decades, Herman has represented clients in a wide range of immigration cases—from asylum and deportation defense to business and investor visas. His experience spans family immigration, employment-based visas, and humanitarian protections.
This extensive background gives him a deep understanding of the U.S. immigration system.
Herman co-authored Immigrant, Inc., a groundbreaking book that serves as a report on the impact of immigrant entrepreneurs driving America’s innovation economy. The book has been cited by scholars, journalists, and policymakers, cementing Herman’s role as a thought leader on immigration’s role in U.S. prosperity. For example, the book details how Sergey Brin, a Russian immigrant, co-founded Google and transformed the tech industry, illustrating the significant contributions of immigrants to the U.S. economy.
Herman established the Herman Legal Group, headquartered in Cleveland, Ohio, and serving clients nationwide. Known as “The Law Firm for Immigrants,” the firm employs a multilingual team fluent in more than 12 languages, reflecting the global diversity of its clients, who come from many countries around the world.
The firm has helped many immigrants navigate complex legal challenges.
Learn more about Richard T. Herman and his law firm.
Richard T. Herman is frequently sought after for news coverage and immigration coverage, serving as a go-to source for national TV, radio, print, and podcast interviews on immigration news. His track record of clear, approachable analysis makes him a trusted commentator for journalists. Reporters rely on his expertise to ensure accurate reporting.
Herman has been featured on major outlets, including:
He has also been featured in other media outlets covering immigration issues.
Journalists repeatedly turn to Herman because he explains complex immigration developments in plain English, while still providing the legal depth and context needed to ensure accuracy—helping both journalists and their readers understand these issues.
Timeline graphic showing Herman’s media appearances across different networks.
Both the first Trump administration and the current Trump administration have enacted rapid changes to immigration policies—executive orders, agency memos, and new enforcement quotas create daily headlines. Journalists need experts like Herman to break down the legal, political, and human impacts, especially as the Trump administration’s actions continue to affect immigrant communities. Immigration policy remains a contentious and evolving issue.
President Trump has used executive authority to implement sweeping immigration restrictions, such as:
These executive orders represent significant national policies shaping the U.S. immigration landscape.
Read official White House executive orders.
Each executive order has three levels of consequences:
It is crucial that immigration policies are implemented with a commitment to justice and in accordance with relevant laws, ensuring fairness and dignity for all affected individuals.
These examples reflect the ongoing challenges at the border and demonstrate how border enforcement continues to shape immigration policy and public debate.
Herman combines deep legal expertise with an ability to explain issues clearly, empathetically, and accessibly—qualities journalists rely on when covering immigration.
His commentary is grounded in data and supports data driven reporting, providing journalists with reliable information and context for their stories.
His clear focus on key issues helps journalists stay informed.
Journalists often struggle with the dense statutory language of immigration law. Herman distills it into clear, actionable takeaways.
He also helps journalists clarify misunderstood issues in immigration law.
As an immigration reform expert, Herman balances legal authority with human stories, using personal story elements to ensure media coverage is both accurate and compassionate.
Because the Herman Legal Group speaks over 12 languages, Herman can provide cultural and community-based context often missing from immigration reporting. This multilingual approach also helps journalists better serve local communities.
From visa fees to asylum bans, Herman can explain how new policies impact real people.
Journalists on the immigration beat, including feature writers and assistant professors like Austin Kocher of Syracuse University, can benefit from Herman’s expertise to generate original story ideas and provide deeper, data-driven coverage of immigration issues.
Bar chart comparing numbers of ICE arrests before and after Trump’s executive orders.
Who is Richard T. Herman, and why do journalists trust him on immigration issues?Richard T. Herman is a nationally recognized immigration attorney with more than 30 years of experience. Journalists call him because he combines deep legal knowledge with the ability to explain complex immigration law changes in plain English. Many journalists have reported on immigration issues using Herman’s insights to ensure their coverage is factual and balanced.
Why is Herman considered a top immigration law expert for media interviews?Herman has authored a nationally acclaimed book, co-founded a multilingual law firm, and appeared on major media outlets like CNN, NPR, and The New York Times. His experience makes him a go-to immigration reform expert for clear and authoritative commentary.
What makes Richard T. Herman’s immigration commentary stand out from others?Herman blends legal depth with accessibility. He not only interprets statutes and executive orders but also humanizes immigration stories, making his analysis compelling for both policymakers and the general public.
What types of immigration stories can Richard T. Herman explain for journalists?He covers a wide range of topics, including Trump immigration policy, asylum bans, ICE enforcement quotas, H-1B visa fees, student visa restrictions, and family immigration changes.
Why do journalists need an immigration attorney to explain Trump immigration policy?Trump’s executive orders and agency memos change immigration law rapidly. Without expert analysis, these shifts can be misreported. Herman ensures accurate coverage by explaining legal, political, and human impacts in real time.
How fast can Richard T. Herman respond to breaking immigration news?Herman understands newsroom deadlines. He is known for providing same-day legal analysis, often within hours of a policy announcement or immigration enforcement action.
Is Richard T. Herman available for live TV and radio interviews?Yes. He frequently appears on live television, radio, and podcasts, offering immediate analysis of urgent immigration law changes and enforcement actions.
Does Herman provide commentary on both family and business immigration issues?Yes. Herman explains both sides of immigration law—from family reunification policies and asylum to H-1B, investor visas, and employment-based green cards.
Can Richard T. Herman explain immigration enforcement and ICE raids for the media?Yes. He has provided legal analysis on ICE raids, deportation quotas, and immigration enforcement strategies, explaining how they affect immigrant communities and U.S. employers.
Why do national and local outlets call Herman for immigration news commentary?Herman’s track record of providing balanced, accurate, and empathetic commentary has built long-standing trust with both national outlets like MSNBC and local media serving immigrant communities.
Does Richard T. Herman offer multilingual support for journalists with diverse audiences?Yes. His law firm speaks more than 12 languages, enabling him to help journalists reach immigrant communities in Spanish, Arabic, Chinese, Russian, and more.
Can Herman clarify the impact of immigration law changes on specific groups like students or workers?Yes. He can break down how new visa restrictions, SEVIS terminations, or fee increases affect students, skilled workers, employers, and families.
Why is Herman often cited in immigration news stories about legal challenges and lawsuits?As a seasoned immigration lawyer, Herman explains not only the policies themselves but also the legal battles surrounding them—helping reporters cover both the law and the litigation.
What makes Richard T. Herman’s analysis valuable for podcasts and long-form interviews?Herman can provide both quick soundbites and in-depth analysis, making him equally valuable for short media segments and extended interviews.
How does Richard T. Herman help journalists interpret immigration data and access resources for accurate reporting?Herman assists journalists in understanding and interpreting complex immigration data, including government reports and court records. He provides resources such as data guides, expert insights, and support materials to help ensure reporting is informed, accurate, and trustworthy.
How can journalists contact Richard T. Herman for immigration interviews?Reporters can reach him through his law firm, Herman Legal Group, by calling 1-(216)-696-6170 or visiting lawfirm4immigrants.com.
If you’re a journalist covering immigration news, you can reach Richard Herman directly for expert commentary.
Journalists covering immigration need fast, accurate, and human-centered legal insights. Richard T. Herman has built his career on providing exactly that.
For more than 30 years, Herman has been the immigration lawyer journalists rely on when the news breaks. He is approachable, authoritative, and deeply experienced.
If you are a journalist covering the latest immigration law changes, Trump executive orders, or breaking news on ICE enforcement—contact Richard T. Herman today.
Email Richard Herman at richardtmherman@gmail.com or call him at 216-696-6170.
For more on Richard Herman’s work, visit his firm’s website Herman Legal Group, or explore his insights on economic policy in Immigrant, Inc.
The U.S. Citizenship and Immigration Services (USCIS) has issued new guidance following President Trump’s September 19, 2025 proclamation imposing a $100,000 fee on new H‑1B visa petitions.
This has sparked widespread concern among employers, international professionals, and policy analysts. However, USCIS has now clarified key details, confirming who must pay—and who is exempt—from this unprecedented visa cost.
The new order, titled “Restriction on Entry of Certain Nonimmigrant Workers”, imposes a $100,000 filing fee on certain new H‑1B petitions starting September 21, 2025 at 12:01 a.m. ET.
“This is not an annual fee,” emphasized White House Press Secretary Karoline Leavitt. “It’s a one-time petition fee, and it does not affect those already holding H‑1B status.”
The proclamation applies only to a specific set of cases. Here’s what you need to know:
New H‑1B petitions filed on or after September 21, 2025
Individuals not currently holding valid H‑1B status
Petitions for initial H‑1B status or re-entry from abroad
Filings submitted without a national interest waiver
Petitions filed before September 21, 2025
(USCIS clarification on X)
Current H‑1B visa holders, regardless of location
Renewals, amendments, or extensions of H‑1B status
Travel or re-entry for individuals with valid H‑1B visas
The September 19 proclamation was issued under sections 212(f) and 215(a) of the Immigration and Nationality Act, granting the president broad authority to restrict noncitizen entry.
The core language of the proclamation states:
“…the entry into the United States of aliens as nonimmigrants to perform services in a specialty occupation under section 101(a)(15)(H)(i)(b)… is restricted, except for those aliens whose petitions are accompanied or supplemented by a payment of $100,000.”
You can read the full official document on the White House website.
USCIS quickly followed the proclamation with clarifying statements, including:
The new fee only applies to petitions not yet filed by the effective date.
Existing approved petitions and current H‑1B holders are unaffected.
Re-entry for visa holders outside the U.S. is not impacted.
The fee is not annual, but one-time and tied to the petition, not to the individual.
Official USCIS guidance was posted directly on their X (Twitter) account and USCIS Newsroom.
Visual Guide: Who Pays and Who Doesn’t
To help clarify the impact, refer to this downloadable Before vs. After chart (JPEG), highlighting categories affected by the new rule.
Timeline of Events
| Date | Event |
|---|---|
| Sept 19, 2025 | Proclamation signed by President Trump |
| Sept 21, 2025 | Fee rule goes into effect at 12:01 a.m. ET |
| Sept 21–22, 2025 | USCIS and White House clarify exemptions and scope |
Outstanding Questions and Concerns
While the proclamation and USCIS statements have clarified much, several grey areas remain:
Who qualifies for a national interest waiver?
The proclamation allows for waivers but doesn’t define specific standards. DHS may release criteria later.
How will the fee be processed?
No details yet on logistics—will it be part of Form I-129 or a separate transaction?
What about portability (change of employer)?
The rule’s impact on H‑1B job changes remains unclear, though likely exempt if visa status is continuous.
Could litigation challenge the proclamation?
Legal challenges from industry or civil rights groups are possible but not confirmed.
Is this a recurring or annual fee?
No. This is a one-time petition fee, not an annual cost.
Does it apply to current H‑1B visa holders?
No. Anyone already in H‑1B status is exempt, including those temporarily outside the U.S.
Can employers or employees appeal the fee?
Only if they qualify for a national interest waiver, which has yet to be fully defined.
What if my petition was already filed before Sept 21?
You’re safe. The new fee does not apply retroactively.
Does this affect other visa categories like L-1 or O-1?
No, the fee is specific to H‑1B petitions.
Employers:
Reassess hiring timelines to submit petitions before the effective date.
Budget for increased costs if hiring foreign workers post-September 21.
Consult with immigration counsel to explore waiver possibilities.
Employees:
Ensure H‑1B petitions are filed early to avoid the fee.
Avoid international travel near the cutoff date if petition is pending.
Stay informed on future USCIS guidance and possible fee processing updates.
The H‑1B program is a cornerstone of U.S. tech and STEM employment. A six-figure filing fee may act as a barrier to entry for smaller companies, startups, and academic institutions who rely on international talent.
According to the Congressional Research Service, more than 300,000 H‑1B workers currently reside in the U.S., many in high-demand fields like AI, biotech, and software engineering.
This proclamation represents the most financially aggressive immigration fee ever imposed on a single visa category.
The $100,000 H‑1B petition fee introduces a seismic shift in U.S. immigration policy—but clarifications from USCIS have ensured that existing visa holders and in-process applicants are protected.
As the dust settles, businesses and workers alike must stay agile, well-informed, and ready for further updates as implementation unfolds.
On September 19, 2025, President Donald Trump signed a proclamation that places a significant restriction on the entry of H-1B visa holders into the United States. President Trump and the Trump administration are the driving force behind this policy. The policy was enacted through an executive order and announced by the Commerce Secretary, with administration officials providing statements to explain the rationale behind the new measures. Starting on September 21, 2025, foreign nationals who are entering the U.S. under the H-1B visa program must ensure that their employer has paid a $100,000 fee in order to gain entry. The technology sector and American companies rely heavily on H-1B visas to attract highly skilled workers, and this policy could impact the U.S. innovation edge. All the big companies and big companies in the tech industry are closely watching the policy’s effects and have expressed concerns about the new requirements. This move comes with significant implications for employers, workers, and the overall H-1B program.
It is expected that there will be federal court litigation challenging this proclamation. We will keep you updated.
For now, here’s a breakdown of what this means for you.
The new proclamation applies to all foreign nationals seeking to enter the United States to work under the H-1B program after the effective date. This restriction will also apply to new H-1B visa applicants, including those whose petitions are in progress or pending approval. Notably, the new $100,000 fee represents a significant increase over the current system of visa fees, which previously required only smaller payments from companies seeking to hire foreign talent.
Specifically:
If the $100,000 fee is not paid, foreign nationals with an approved H-1B petition will not be allowed to enter the United States. Employers may also face subsequent fees during the application process, further increasing the financial burden. Furthermore, the Department of Homeland Security (DHS) is instructed to suspend decisions on H-1B petitions for those outside the U.S. who have not paid the fee. The Secretary of State will also withhold approval for H-1B visa applications unless the fee is paid, and immigration services will be responsible for verifying payment before processing H-1B applications.
The proclamation allows DHS to grant exceptions to the entry ban under specific circumstances. These exceptions can be made for:
However, DHS has yet to establish a formal process for applying for these exceptions, so further guidance is expected.
The proclamation also signals potential changes to the way employment-based visas, including the H-1B, will be regulated. According to a senior official involved in immigration policy, these new rules and the updated fee structure are part of a broader effort to reform the visa system. Previously, H-1B applications required only a small fee, but under the new rules, a new fee of $100,000 may be implemented, representing a significant shift in policy. This move follows Trump’s threat to impose a $100,000 annual fee on H-1B visas, highlighting the administration’s intent to overhaul the program and its impact on the tech industry.
These changes are part of an ongoing push to restrict the flow of lower-paid foreign workers and ensure that higher-paying, more skilled positions are prioritized.
Given the uncertainty surrounding the new entry ban, employers and H-1B foreign nationals should take the following steps to minimize disruptions:
The proclamation also touches upon the misuse of B-1/B-2 visas by prospective H-1B workers. The B-1/B-2 visa allows foreign nationals to enter the U.S. for business or tourism. However, some H-1B workers may attempt to enter as tourists while waiting for their H-1B status to be processed. In addition, some employers require temporary foreign workers to sign nondisclosure agreements, which can limit their ability to report abuses or discuss employment conditions.
The proclamation directs the Secretary of State to issue guidance that prevents individuals with an approved H-1B petition from misusing the B visa. This could mean heightened scrutiny for those entering the U.S. under the Visa Waiver Program (VWP) or applying for a B visa while waiting for H-1B approval, including closer examination of the use of nondisclosure agreements in the context of visa compliance.
H-1B visa workers will need to navigate several changes in how the U.S. will process and prioritize their petitions:
Until more guidance is available, here’s a summary of actions to take:
This policy is intended to protect American workers, improve American workers’ wages, and address concerns raised by American IT workers about job displacement.
Starting September 21, 2025, President Trump’s proclamation bans H-1B visa workers from entering the U.S. unless their employer pays a $100,000 fee per worker. The policy applies to new, pending, and existing H-1B petitions. Exceptions may be granted if the Department of Homeland Security (DHS) determines the employment is in the national interest.
The U.S. technology sector relies heavily on legal immigration pathways like the H-1B program to attract highly skilled foreign workers, who are essential for innovation and competitiveness.
This guide provides an in-depth look at the ban, the fee, its impact, and what employers and employees need to know right now.
What is the H-1B entry ban and fee requirement?It’s a presidential proclamation signed on September 19, 2025, requiring employers to pay $100,000 for each H-1B worker seeking entry. The ban was announced by the US president from the Oval Office as part of the Trump administration’s broader immigration policy. Without payment, workers cannot be admitted, and petitions or visas may be suspended or denied.
Who is covered under this rule?
Does it affect people already inside the U.S. on H-1B?No. Workers already inside the U.S. are not barred. But travel outside the U.S. after the effective date risks denial of reentry unless the fee is paid.
Why is there a $100,000 fee for H-1B entries?The administration argues the fee offsets what it calls “economic displacement” caused by foreign workers and discourages reliance on lower-paid H-1B hires. However, this fee is far higher than the several thousand dollars previously required for H-1B applications, and risks taxing companies—especially smaller firms—while it creates disincentive for hiring foreign talent. The new fee could hit smaller tech firms especially hard, making it more difficult for them to compete for international talent. Smaller tech firms may struggle to absorb the increased costs compared to larger corporations.
Who must pay the fee?
What happens if the fee is not paid?
How will the fee be paid and verified?Procedures are pending. DHS and DOS are instructed to establish verification before approvals.
What are national interest exceptions?DHS can grant exemptions if:
Who can get exceptions?
Exceptions may be necessary to obtain highly skilled workers, attract the world’s smartest talent, and ensure the U.S. continues to draw the best talent globally.
How do employers apply for exceptions?DHS has not yet issued guidance. Employers should monitor official DHS announcements for application procedures.
What should H-1B workers abroad do?
What if an H-1B worker travels after September 21?They may not be allowed reentry unless their employer pays the fee. This restriction could also affect stem employment opportunities for both foreign and domestic workers.
How long will the ban last?Initially 12 months, but it can be extended and may affect FY 2027 H-1B cap beneficiaries.
How does this affect B-1/B-2 visa holders with H-1B petitions?The State Department has been directed to prevent misuse of B visas. Applicants with pending or approved H-1Bs may face heightened scrutiny when seeking B visas or Visa Waiver entry.
What industries are most impacted?
Could this lead to more offshoring?Yes. Employers may increasingly keep roles overseas instead of paying the fee, potentially shifting U.S. jobs abroad. The new fee could force companies to move high value work overseas, especially in technology and AI, to manage costs and maintain competitiveness.
Is the proclamation legally binding?Yes, unless blocked by a federal court. Presidential proclamations carry the force of law.
Are lawsuits expected?Yes. Immigration advocacy groups and business coalitions are preparing challenges. Possible claims:
Analysts suggested the policy could have long-term negative effects on U.S. innovation, with eMarketer analyst Jeremy Goldman highlighting potential risks to the tech sector.
Could courts pause implementation?Yes. Federal courts may issue injunctions that temporarily suspend enforcement.
Will there be changes to the H-1B lottery?Yes. DHS is instructed to propose a weighted lottery favoring high-paid, highly qualified workers. Future changes are likely to focus on attracting highly skilled workers, as these skilled workers are essential for maintaining U.S. competitiveness and innovation.
What about H-1B wages?DOL may introduce rules raising prevailing wage levels. A prior attempt in 2020 was blocked in court, but new proposals may be crafted to survive legal challenges.
Could this affect other visa categories?Not directly yet. But DHS has authority to explore changes across employment-based nonimmigrant visas (such as L-1 or O-1).
What should employers do right now?
What should employees do right now?
Could the fee become permanent?Yes. Although the current ban is for 12 months, extensions or congressional codification could make it permanent.
Will this affect the FY 2026 and FY 2027 H-1B cap?Yes. Workers selected in FY 2026 or FY 2027 may face additional hurdles if the fee requirement is extended.
What alternatives exist if employers cannot pay?
President Trump’s H-1B entry ban and $100,000 fee requirement represents one of the most sweeping restrictions ever placed on the H-1B program. The rule dramatically increases employer costs, creates uncertainty for foreign professionals, and could shift jobs overseas.
Employers and workers should:
If you or your company is affected by President Trump’s September 19, 2025 H-1B entry ban and $100,000 fee requirement, you cannot afford to wait. The rules are complex, exceptions are unclear, and the risks of making the wrong move are enormous. Employers could face blocked petitions, delayed projects, or the loss of top talent. Foreign professionals risk being stranded abroad, denied entry, or forced into career-altering disruptions.
That’s why you need an experienced immigration lawyer who understands both the law and the strategy behind it.
Attorney Richard T. Herman, founder of the Herman Legal Group, has more than 30 years of experience helping employers and immigrants navigate sudden immigration shifts. He and his multilingual team are prepared to:
Immigration law is changing fast, and every decision matters. Don’t risk your future or your business on guesswork. Get trusted, professional guidance from one of America’s leading immigration attorneys.
👉 Schedule your confidential consultation now:
Consultations are available by phone, Zoom, Skype, or in-office. Services are offered in multiple languages to meet the needs of global professionals.
Don’t wait. Get the answers you need today, and protect your H-1B future.
A. Government Sources (Primary / Official)
White House (Proclamation & Fact Sheet)
Department of Homeland Security (DHS) / USCIS
Department of State (DOS)
U.S. Customs and Border Protection (CBP)
Federal Rulemaking & Planning (Context)
B. Professional Associations & Coalitions (Practice Alerts & Employer Guidance)
American Immigration Lawyers Association (AILA)
U.S. Chamber of Commerce
Tech Industry Coalitions
Society for Human Resource Management (SHRM)
Higher Education / International Mobility (NAFSA)
How to Use This List
The Trump Gold Card, announced by Executive Order on September 19, 2025, was created by the Trump administration, with President Donald Trump as the driving force behind the program’s introduction and promotion. The program was established to be administered by relevant government departments, including the Department of Commerce, Department of Homeland Security, and State Department. It is a new immigration pathway for wealthy investors and highly skilled individuals who contribute at least $1 million (or $2 million via an entity) to the United States. It provides renewable residency, work authorization, and expedited access to green card categories, while imposing strict loyalty and compliance requirements.
The Trump Gold Card was created by the Executive Order of September 19, 2025: The Gold Card.
Section 1 of the EO:“The Secretary of Commerce, in consultation with the Secretary of State and the Secretary of Homeland Security, shall establish a Gold Card Program for foreign nationals who provide significant gifts to the United States.”
Trump signed the executive order establishing the Gold Card program.
It was designed as part of Trump’s broader 2025 immigration agenda, following:
Commerce Secretary Howard Lutnick played a key role in promoting and implementing the Gold Card program, serving as a central official in its rollout and public explanation.
According to the White House Fact Sheet, the Gold Card is intended to “attract the world’s most talented and financially committed individuals.”
The Trump Gold Card offers renewable residency, work authorization, and family sponsorship for foreign nationals meeting financial and security requirements.
Section 3 of the EO:“A qualifying gift under this order shall be treated as sufficient evidence of eligibility under section 203(b)(1)(A) or section 203(b)(2)(A) and (B) of the Immigration and Nationality Act, permitting expedited adjudication of visas or adjustment of status.”
This means contributions are legally recognized as proof of “extraordinary ability” or “national interest” under immigration law, fast-tracking applications. The Gold Card program provides an expedited process for eligible applicants, streamlining their path to U.S. permanent residency. U.S. immigration services are responsible for processing these applications and conducting background checks as part of the program.
From the Fact Sheet:
“The Gold Card Program is designed to attract the world’s most talented and financially committed individuals, ensuring that only those with a demonstrated commitment to America’s prosperity are given expedited pathways to residency.”
The program prioritizes individuals selected on the basis of merit, exceptional value, and global talent, aiming to bring in those who can significantly contribute to innovation, investment, and economic growth.
| Visa Type | Requirement | Limitation | Gold Card Difference |
|---|---|---|---|
| H-1B | Employer sponsorship, specialty work | Lottery cap, 6-year max | Gold Card bypasses lottery, renewable |
| O-1 | Proof of international acclaim | Narrow eligibility | Gold Card requires wealth, not acclaim |
| EB-5 | $800k–$1M job-creating investment | Fraud, delays | Gold Card requires larger gift, faster |
| EB-2 NIW | National interest waiver | Slow adjudication | Gold Card gift itself = NIW evidence; allows applicants to gain residency and lawful permanent resident status in record time compared to traditional immigrant visa categories |
The Trump Gold Card requires a minimum $1 million gift, making it the costliest U.S. immigration program. Applicants must be prepared to spend significant sums to qualify for the program, reflecting the exclusive nature and financial commitment required.
Section 2 of the EO:“A foreign national shall be eligible to participate in the Gold Card Program upon making a gift of no less than $1,000,000 to the United States. Contributions made through corporations, partnerships, or other entities shall not be less than $2,000,000.”
Section 4 of the EO:“The Secretary of Commerce shall deposit such gifts into a fund in the Treasury of the United States. The fund shall be used exclusively to promote American commerce and industry.”
The program’s structure may offer certain tax advantages, including potential exemptions on non-U.S. income. Taxes on income for Gold Card holders are an important consideration, as the program is designed to attract high-net-worth individuals seeking residency benefits and favorable tax treatment.
Civil liberties advocates argue that it creates a “pay-to-play” immigration system.
From the Fact Sheet:
“All applicants will undergo rigorous background checks, biometric vetting, and annual compliance reviews to ensure the integrity of the program.”
While intended as a safeguard, critics see this as intrusive, and some argue loyalty declarations could raise First Amendment concerns.
The Trump Gold Card is unique in combining the highest price point with ideological loyalty requirements. It is marketed as a way for applicants to unlock life in America, offering a pathway to citizenship or permanent residency and the chance to start a new chapter in the United States. The program is also designed to attract individuals who can contribute to the U.S. economy, supporting economic growth and financial stability.
Section 6 of the EO:
“Within 90 days of the date of this order, the Secretary of Commerce, the Secretary of State, and the Secretary of Homeland Security shall publish regulations to implement the Gold Card Program.”
Likely steps will include:
Legal scholars anticipate challenges to the program, especially around wealth discrimination and loyalty oaths.
Media coverage is divided:
What is the Trump Gold Card immigration program?
The Trump Gold Card is a residency and work authorization program created by Executive Order on September 19, 2025. It allows wealthy investors and certain skilled individuals to fast-track their immigration status in exchange for a “gift” contribution of $1 million (individual) or $2 million (corporation) to the U.S. government.
Why was the Trump Gold Card program created?
The program was introduced to attract capital and high-value individuals while reducing reliance on family-based and diversity immigration. It is part of Trump’s broader immigration reform agenda in 2025.
How much does the Trump Gold Card cost?
The Executive Order specifies a minimum contribution of $1 million for individuals and $2 million for corporations, partnerships, or similar entities.
Who qualifies for the Trump Gold Card?
Eligibility is restricted to individuals or entities making the required contributions, passing DHS security and biometric screening, complying with U.S. tax laws, and signing a loyalty declaration to U.S. constitutional values.
Does the Gold Card guarantee U.S. citizenship?
No. The Gold Card provides renewable residency and work authorization. Citizenship is not automatic and would require going through the naturalization process after obtaining a green card.
Does the Gold Card automatically grant a green card?
Not automatically. However, the Executive Order states that qualifying gifts count as sufficient evidence of eligibility under EB-1 or EB-2 visa categories, which can lead to a green card if all other requirements are met.
Can family members be included in the Gold Card program?
Yes. Spouses and children may be eligible to accompany the primary applicant, but additional fees or contributions are required for dependents.
What are the benefits of the Gold Card?
Benefits include renewable multi-year residency, work authorization without employer sponsorship, the ability to sponsor immediate family, and expedited visa processing.
What are the risks of applying for the Gold Card?
Risks include high costs, potential program changes under future administrations, annual compliance checks, and possible denial if DHS background screenings uncover issues.
Where does the money from the Gold Card go?
Contributions are deposited into a U.S. Treasury fund dedicated to promoting American commerce and industry.
How does the Gold Card differ from the EB-5 investor visa?
The EB-5 requires an $800,000–$1 million investment tied to job creation projects, often with long wait times. The Gold Card requires a higher, direct contribution to the government ($1–2 million) but offers faster processing.
How does the Gold Card compare to the H-1B visa?
The H-1B requires employer sponsorship, is subject to a lottery, and is capped at six years. The Gold Card does not require sponsorship or a lottery but is only available to individuals who can afford the required contribution.
Can Gold Card holders access U.S. welfare or benefits programs?
No. The program specifically excludes Gold Card holders from federal welfare or public benefit eligibility.
What kind of background checks are required for the Gold Card?
Applicants must undergo DHS biometric vetting, security screenings, tax compliance reviews, and loyalty declarations affirming commitment to U.S. constitutional values.
What happens if a Gold Card holder fails a renewal review?
If DHS determines a holder is noncompliant with security, tax, or loyalty requirements, renewal can be denied and the individual may lose status.
When will the Gold Card program begin accepting applications?
The Executive Order requires the Secretaries of Commerce, State, and Homeland Security to publish implementing regulations within 90 days of the order. Applications are expected to open shortly thereafter.
Does the Gold Card face legal challenges?
Yes. Civil rights groups and immigration lawyers have warned that the program may be challenged in court for discriminating based on wealth and for requiring loyalty pledges.
Is the Trump Gold Card permanent immigration law?
No. It was created by Executive Order, not an act of Congress. Future presidents could revoke, amend, or replace it.
Can corporations or partnerships apply for the Gold Card?
Yes. Contributions of $2 million or more by corporations, partnerships, or other entities may qualify under the program.
Does the Gold Card count toward U.S. permanent residency time requirements?
Yes. Time spent under Gold Card status is expected to count toward residency requirements for naturalization, but only if the holder successfully transitions to a green card.
Why is the Gold Card controversial?
Critics argue it creates a two-tier system that favors the wealthy while cutting opportunities for family-based and humanitarian immigrants. Others warn it may invite fraud and corruption similar to EB-5.
Can the Trump Gold Card be revoked for political speech?
Possibly. Because applicants must sign a loyalty declaration affirming U.S. constitutional values, critics argue that political speech—especially speech critical of U.S. government policies—could be used against a holder during annual compliance reviews.
Can the Gold Card be purchased with cryptocurrency or digital assets?
The Executive Order requires contributions to be deposited into a Treasury fund. While it does not explicitly mention cryptocurrency, future regulations will likely require U.S. dollar transfers, not crypto or digital tokens.
What happens if the Gold Card program is struck down in court?
If federal courts invalidate the program, pending applications may be canceled. Approved Gold Card holders could lose status unless Congress passes legislation to preserve it.
Are contributions refundable if an application is denied?
The Executive Order does not provide for refunds. Applicants who fail security or tax compliance checks may lose their contribution entirely.
Can the Gold Card be inherited or transferred to children?
No. Each applicant must independently qualify. Children must be included as dependents on the primary applicant’s filing.
Does the Gold Card give voting rights?
No. Only U.S. citizens may vote. Gold Card holders remain non-citizens with temporary residency rights.
Can Gold Card holders serve in the U.S. military or government positions?
No. Restricted positions remain limited to U.S. citizens or lawful permanent residents.
Can a Gold Card contribution be made by a foreign corporation?
Yes, but it must meet the $2 million minimum and pass ownership and control vetting by DHS.
Can a Gold Card override other entry bans or restrictions?
No. DHS retains authority to deny entry for security or public safety reasons, even if the contribution is made.
Does the Gold Card protect against deportation for crimes?
No. Holders remain subject to removal if convicted of deportable offenses.
Will Gold Card holders qualify for Social Security or Medicare?
No. The program excludes eligibility for federal welfare or entitlement programs.
Can Gold Card status be canceled for tax noncompliance?
Yes. Annual compliance reviews include tax checks, and noncompliance can lead to revocation.
Does time spent in Gold Card status count toward citizenship?
Only if the holder transitions to a green card and satisfies naturalization requirements.
What if contributions come from a joint account or trust?
Regulations will require traceability to the applicant. Complex trust structures may face extra scrutiny.
Can Gold Card status be renewed indefinitely?
Yes, as long as requirements are met, but future administrations could change program rules.
What happens if a Gold Card holder becomes a public charge?
If DHS finds a holder dependent on welfare or in violation of financial independence rules, renewal may be denied and status revoked.
Could Congress abolish the Gold Card program?
Yes. Since it was created by Executive Order, Congress or a future president could end or replace it.
If you have questions about Trump’s Gold Card immigration program—whether you’re a potential applicant, an entrepreneur, or an investor—you should not navigate this new and controversial policy alone. The program involves multi-million-dollar contributions, strict DHS vetting, and complex legal implications, making experienced legal guidance essential.
Attorney Richard T. Herman has been representing immigrant investors, entrepreneurs, and families for more than 30 years. As the co-author of the acclaimed book Immigrant, Inc. and founder of the Herman Legal Group, Richard has built a career helping high-net-worth immigrants and business leaders achieve their American dreams. His team has the knowledge and global experience to:
This is not the kind of immigration pathway where mistakes can be undone. With $1–2 million at stake, your future in the United States demands careful, professional representation.
📞 Call (216) 696-6170 today or schedule a confidential consultation with Richard T. Herman. Consultations are available virtually worldwide or in-office across the U.S.
Don’t risk your investment—or your future in America. Let a trusted immigration lawyer with 30+ years of experience guide you through Trump’s Gold Card program.
假设您要为外国配偶申请合法永久居留权，那么您需要充分了解并做好准备，因为这些要求比其他任何要求都更为详尽。除了 I-130 表格（外国亲属申请表）外，您还必须提交其他支持文件来证明您的关系。
利用婚姻是在美国获得永久居留权的最常见原因之一，但在其他国家也是如此。因此，美国国务院和美国公民及移民服务局 (USCIS) 制定了多种方法来审查配偶关系并确保您的配偶基于真实关系获得绿卡。
以下是与 I-130 表格一起提交的主要文件。
过去五年的住址历史
过去五年的就业历史
上次婚姻结束日期
先前为受益人或其他外国人提交的申请。
想要申请绿卡的移民称为受益人，他或她需要提供以下详细信息：
过去五年的住址历史
上次婚姻结束日期（如适用）
过去五年的就业历史
I-94 信息（如果在美国）
任何先前的移民程序
提交 I-130 表格（外国亲属申请）需要填写申请包，其中包含所有必要的支持文件。如果您未提供任何重要文件，USCIS 可能会发出证据请求 (RFE)，为您提供补充申请的机会。
此表格的申请费为 535 美元。
尽管 USCIS 不要求附信，但附上它还是很有用的。在附信中，您可以描述支持文件并更详细地解释可能需要进一步澄清的任何证据。
I-130 表格有许多问题需要您回答，因此请小心并正确填写。
只有已经在美国境内的受益配偶才需要填写此表格。
身份证明因您是美国公民还是合法永久居民而异。作为美国公民，您必须提交出生证明、护照、公民身份证明、入籍证明或海外出生领事报告的复印件。合法永久居民必须提交绿卡或其他永久居留证明的正反面复印件。
为了证明您和配偶之间的关系，您必须提供结婚证复印件作为支持证据
如果您或您的配偶以前结过婚，您必须提交适当的文件证明以前的婚姻已合法终止，例如离婚判决书或死亡证明。
您和您的配偶需要提交两张护照式彩色照片。这些照片应在提交申请后 30 天内拍摄。
在试图获得绿卡时，虚假婚姻经常被用作一种方法。这使得 USCIS 在审查您的情况时非常彻底。因此，您需要确保您的证据表明您的婚姻是合法的。
各种文件都可以证明这一点，例如，显示共同财务负债、资产、保险、纳税申报的文件、婚生子女的出生证明，或您认为可以证明你们真实关系的其他文件。
致电 Herman Legal Group +1-216-696-617 或填写我们的联系表，与我们讨论如何帮助您赢得配偶 I-130 或 I-751。
在美国国务院本周早些时候宣布了万众期待的下一次签证抽签的入境日期，DV-2021。鉴于特朗普总统对多元化签证计划的公开看法，这一宣布可能会让一些人感到惊讶。自 2018 年初以来，特朗普就对当前的移民制度表达了他的负面看法，并将实施改革作为优先目标，首先是他承诺取消 DV 计划。特朗普称该计划只是“从帽子里抽”，旨在改变政策，使美国移民以严格的绩效为基础——但就目前而言，美国国务院已确认将继续实施该计划。
图片来源 CBS News
2021财年绿卡抽签将允许55,000名外国人合法移民美国，并在2021年获得永久居留绿卡。该年可分配的多元化签证数量不考虑选定的申请人的配偶或未满21岁的未婚子女等衍生的人。 报名时间从2019年10月2日星期三中午（东部夏令时间）开始，一直持续到2019年11月5日星期二中午（东部标准时间）。政府建议申请人不要等到注册期的最后几天才进入，因为大量需求通常会导致网站延迟。报名注册将不收取任何费用，但是每个人只允许进入一次——超过一次的个人将被取消资格。
简单但严格的资格要求：
各国国旗
注册后，您将获得一个确认号码，而如果您选择了您的表格，则必须打印该号码。入境状态检查将于 2020 年 5 月 5 日至 2021 年 9 月 20 日期间在线提供。申请人应在此期间检查自己的状态，看看他/她是否已被选中并为移民签证面谈提供了预约日期。请特别注意这是国务院在您的申请被选中时通知您的唯一方式，因此请时刻检查您的状态！
最后，如果您被选中，进行面谈的领事官员将需要核实您是否可以接受，因此请准备好回答包括刑事和安全相关主题在内的问题。
祝你好运！
CLEVELAND (HEADQUARTER)
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