Tougher EB-5 Rules Could Follow Election Season Gridlock

The U.S. Department of State has temporarily paused immigrant visa interviews worldwide to conduct training programs for consular officers on public charge assessments. This development affects scheduling at U.S. embassies and consulates globally, though it does not mean all immigrant visa applications have been canceled or permanently suspended.

A federal judge has invalidated the U.S. Department of State's nationality-based policy suspending immigrant visa issuance for nationals of 75 countries. The ruling in CLINIC v. Rubio requires the government to return to individualized adjudication under U.S. immigration law, though it does not eliminate existing travel restrictions or guarantee visa issuance.

If you're applying for adjustment of status to become a permanent resident (green card holder) in the United States, you'll need to complete a medical examination as part of the process.

Following a federal court order in Medani v. Trump, the U.S. Department of State has resumed issuing Diversity Immigrant Visas after a nine-month pause that began in December 2025. DV-2026 selectees now face a critical deadline of September 30, 2026, to complete their visa processing or permanently lose their opportunity for permanent residence through the diversity visa lottery program.

A federal court’s injunction over the DHS fixed-period admission rule nationwide means the existing duration-of-status (D/S) framework for F-1 international students and J-1 exchange visitors will remain in place while litigation continues.

The U.S. Department of State (DOS) has announced that, effective January 21, 2026, it will indefinitely pause the issuance of immigrant visas for nationals of 75 countries while it conducts...

The U.S. Department of Homeland Security has proposed a $103,265 fee for cap-subject H-1B petitions, potentially transforming the economics of foreign worker sponsorship. This comprehensive analysis examines who would pay this substantial charge, when it would apply, its legal foundation compared to the previously challenged $100,000 rule, and the potential court challenges that could determine whether federal agencies can impose six-figure fees on employers to fund broader immigration system costs.

A federal court in Massachusetts has postponed the Department of Homeland Security rule that would have ended 'duration of status' admissions for F, J, and I nonimmigrants, originally scheduled to take effect September 15, 2026. This preliminary injunction affects students, exchange visitors, foreign media representatives, and their sponsoring institutions, though the postponement is not a final invalidation of the rule and litigation continues.

Following two federal court decisions, the U.S. Department of State has lifted categorical pauses on immigrant visa issuance for nationals of 75 countries and diversity visa processing for DV-2026 selectees. While these policy changes allow cases to proceed through ordinary adjudication, they do not guarantee visa approval or admission, and timing remains critical as diversity visa eligibility expires September 30, 2026.

If your goal is to make it through the EB1A process you'll be happy to know that just 54% of petitions actually get rejected in 2026.

Scott L. Vernick was quoted in The Legal Intelligencer article, "Did UPMC Data Breach Ruling Lock Plaintiffs Out of State Court?" on January 23, 2017.

Fox Rothschild was among three first-time entrants into the Am Law 100 this year, jumping up 10 spots from a year ago.

Christopher J. Pippett was featured in the Credit Union Times article, "Feds Uncover New Details in CFO Embezzlement."

Mossack Fonseca. Before April 2016, most of us had never even heard of a Panamanian law firm by that name.

The Federal Trade Commission (FTC) just published its Health Products Compliance Guidance ("Guidance"), which it issued to replace an advertising guide from 1998 focused on dietary supplements.

Darrell D. Miller is featured in The Wrap's article, "Jamie Chung, ‘Deadpool' Actor Karan Soni Join Jennifer Aniston's ‘Office Christmas Party' (Exclusive)."

The annual State of the Union address fulfills an obligation of the Presidency set forth in Article II, Section 3 of the United States Constitution...

Joshua Horn's blog post, "Why The SEC Does Not Want The Free Lunch," originally posted the firm's Securities Compliance Sentinel, was mentioned as one of the top postings for October 19, 2015.

Brian McGinnis was featured in the Courier-Post article, "Norcross Calls for Congress to Act on Gun Safety."

Anyone want to lay bets in favor of the individual athlete v. the corporate NCAA? That’s what we thought.