H1B Visa Lawyer Blog
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
- As per recent Visa rule to keep social media profile public for H1B and H4 candidates, do I need to make my social media accounts public now?
Effective 12/15/2025, you only need to make your social media accounts public if you are applying for H1B and/or H4 visa stamping at a Consulate abroad. The Department of State will deny your H-1B and/or H4 visa if you do not make your social media accounts public prior to appearing for your H-1B and/or H4 stamping interview. If you are presently in the United States on a valid H1B or H4 visa, there is no need to make your social media accounts public.
- Is it true they will no longer approve EAD documents for 5 years for AOS applicants?
Unfortunately, this is true. Effective December 5, 2025, requests for employment authorization under eligibility category (c)(9) that are pending or filed on or after that date will only be granted for 18 months rather than 5 years. USCIS is reasoning that this change is required to enhance its screening and vetting efforts, enable detection of aliens with potentially harmful intent and to deter fraud. There are many other eligibility categories that have been affected by the change in validity of the Employment Authorization Document (EAD).
- Which countries are on the Trump travel ban list?
The Trump travel ban was published in June of 2025, and includes the following countries: Afghanistan, Burma, Burundi, Chad, Republic of the Congo, Cuba, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Laos, Sierra Leone, Somalia, Sudan, Togo, Turkmenistan, Venezuela, and Yemen.
There are rumors circling that additional countries will be added to the list, possibly up to 30 countries will be on the travel ban list.
- Are immigration benefits being paused for applicants from all the 19 travel ban countries?
Yes. On December 2, 2025, USCIS issued a Policy Memorandum which placed a hold on all pending benefit requests for foreign nationals from the 19 countries listed on trump’s June 2025 travel ban. In addition to the pause on all benefit requests, USCIS will be conducting a re-review of all approved benefit requests for foreign nationals from the 19 countries on the travel ban list who entered the United States on or after January 20, 2021.
- Are asylum cases on hold too?
Yes. Effective, December 2, 2025, USCIS issued a Policy Memorandum which placed a hold on all Asylum applications (Form I-539) regardless of the foreign national’s country of nationality, pending a comprehensive review. Every asylum application is on hold pending a comprehensive review.
- I saw that the Form for applying for the Gold Card Program is now available on the USCIS website. I am not understanding how it is fair given it is saying that if you pay the million dollars you become a Green Card holder, but others in those categories have to be extraordinary and at the top of their field, or in the business of doing work with national importance with extensive documentation? How is this fair?
It is not fair and it is not meant to be fair.
All EB1A applicants must establish they are at the “top of her/his field of endeavor,” as demonstrated by national or international acclaim which should be recognized through extensive documentation. The foreign national should continue to work in the same field and provide proof of how s/he would substantially benefit the U.S. prospectively. The law provides that receipt of the Nobel Prize or at least three* types of evidence from the list below are needed to satisfy the criteria: (1)Documentation of the alien’s receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor; (2) Documentation of the alien’s membership to associations in the field for which classification is sought, which require outstanding achievements of their members as judged by recognized national or international experts in their disciplines or fields; (3)Evidence of the alien’s participation, either individually or on a panel, as a judge of the work of others in the same or an allied field of specification for which classification is sought; (4) Published material about the alien in professional or major trade publications or other major media, relating to the alien’s work in the field for which classification is sought; (5) Evidence of the alien’s authorship of scholarly articles in the field, in professional or major trade publications or other major media; (6) Evidence of the alien’s original scientific, scholarly, artistic, athletic, or business-related contributions of major significance in the field; (7) Evidence of the display of the alien’s work in the field at artistic exhibitions or showcases; (8) Evidence of commercial successes in the performing arts, as shown by box office receipts or record, cassette, compact disc, or video sales; (9) Evidence that the alien has commanded a high salary or other significantly high remuneration for services, in relation to others in the field; and (10) Evidence that the alien has performed in a leading or critical role for organizations or establishments that have a distinguished reputation.
All EB2 National Interest Waiver applicants must first meet the eligibility requirements of an EB2 advanced degree professional, or a person of exceptional ability, AND provide evidence that their endeavor has substantial merit and national importance, AND provide evidence that they are well-positioned to advance their endeavor.
Applicants applying for the Gold Card program only need to pay a $15,000.00 processing fee, along with a $1 Million dollar gift and they will receive a Green Card.
- I heard something about the Platinum Gold Card offering a way to not pay U.S. taxes. Is it true?
Apparently, it is true. The trumpcard.gov website provides the following under the Trump Platinum Card: Foreign nationals can sign up now and secure their place on the waiting list for the Trump Platinum Card. When launched, and upon receipt of $15,000.00 DHS processing fee and $5 million contribution, they will have the ability to spend up to 270 days in the United States without being subject to U.S. taxes on non-U.S. income.
Source: https://trumpcard.gov/
- I am from a country listed on the travel ban. Should I file or wait to file?
If you are eligible for a U.S. immigration benefit, I would not delay the filing of your case. It is better to at least file and save your place in line, then risk having the immigration benefit you are seeking disappear or be delayed even further in your immigration journey. You should contact an experienced Immigration Attorney to discuss your case along with all risks/consequences of filing prior to filing.
- I filed my AOS application back in 2022, do I need to pay any fees for renewing the EAD and AP?
If you are filing for a renewal of the Employment Authorization Document (EAD) and for a renewal of Advance Parole (AP) and you have a pending I-485 that you filed on or after July 30, 2007, and before April 1, 2024, and you paid the I-485 filing fee you are NOT required to pay any filing fee with your EAD and AP renewal forms. You need to include a copy of your pending I-485 receipt notice with your renewal applications.
- My Priority date is current and I am employment based, EB2. What filing fees are required to file an AOS with the USCIS now, I want to include EAD and AP?
$1440.00 for anyone 14 and older for Form I-485.
$630.00 for Form I-131, Advance Parole
$260.00 for Form I-765, Employment Authorization.
Source: https://www.uscis.gov/g-1055
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