SWAS Immigration FIRM LLC

𝐇-𝟏𝐁 𝐔𝐏𝐃𝐀𝐓𝐄: $𝟏𝟎𝟎,𝟎𝟎𝟎 𝐏𝐀𝐘𝐌𝐄𝐍𝐓 𝐑𝐄𝐐𝐔𝐈𝐑𝐄𝐌𝐄𝐍𝐓 𝐄𝐗𝐓𝐄𝐍𝐃𝐄𝐃

The Trump administration has extended the $100,000 H-1B payment requirement for certain H-1B workers for another year.

The extension runs through September 21, 2027. The proclamation continues to restrict the entry of certain H-1B workers outside the United States unless the required $100,000 payment is made, subject to limited exceptions.

But there is an important legal development: a federal court previously struck down the $100,000 fee, and the fee has remained unenforceable while the government’s appeal proceeds.That means the extension does not by itself resolve the ongoing legal challenge.

𝐃𝐎𝐄𝐒 𝐏𝐔𝐁𝐋𝐈𝐂 𝐂𝐇𝐀𝐑𝐆𝐄 𝐀𝐅𝐅𝐄𝐂𝐓 𝐘𝐎𝐔𝐑 𝐆𝐑𝐄𝐄𝐍-𝐂𝐀𝐑𝐃 𝐂𝐀𝐒𝐄?

It can, depending on your immigration category and how you are applying for permanent residence.

But here's the important part: receiving a public benefit does not automatically mean your green-card application will be denied.

𝐀𝐝𝐣𝐮𝐬𝐭𝐢𝐧𝐠 𝐒𝐭𝐚𝐭𝐮𝐬 𝐢𝐧 𝐭𝐡𝐞 𝐔𝐧𝐢𝐭𝐞𝐝 𝐒𝐭𝐚𝐭𝐞𝐬

If you are already in the United States and applying for a green card through adjustment of status (AOS), you generally file Form I-485 with USCIS.

For applicants who are subject to the public-charge ground of inadmissibility under INA §212(a)(4), USCIS may consider whether the applicant is likely to become a public charge.

A DHS final rule that took effect on September 18, 2026, rescinded the 2022 public-charge regulation and restored a broader, case-by-case framework for applicable USCIS determinations.

This means the applicable rules and the applicant's circumstances matter. One benefit, by itself, does not automatically determine the outcome.

𝐀𝐩𝐩𝐥𝐲𝐢𝐧𝐠 𝐟𝐨𝐫 𝐚𝐧 𝐈𝐦𝐦𝐢𝐠𝐫𝐚𝐧𝐭 𝐕𝐢𝐬𝐚 𝐀𝐛𝐫𝐨𝐚𝐝

If you are outside the United States and seeking an immigrant visa through a U.S. embassy or consulate, you are generally going through consular processing.

Public charge can also be an inadmissibility issue in this process for applicants who are subject to INA §212(a)(4).

However, the DHS rule concerning USCIS adjustment-of-status cases should not be treated as an automatic change to every consular officer's procedures. The applicable Department of State rules, guidance, and procedures must also be considered.

𝐖𝐡𝐚𝐭 𝐀𝐛𝐨𝐮𝐭 𝐭𝐡𝐞 𝐏𝐮𝐛𝐥𝐢𝐜-𝐂𝐡𝐚𝐫𝐠𝐞 𝐁𝐨𝐧𝐝?

A public-charge bond is a financial guarantee that may be used in certain circumstances to address a public-charge inadmissibility determination.

The State Department has introduced a pilot procedure under which selected immigrant-visa applicants may be required to apply for a public-charge bond if a consular officer determines that the procedure applies.

This is not an automatic requirement for everyone applying for an immigrant visa.

It is also important not to confuse this consular-processing procedure with the public-charge rules USCIS applies to adjustment-of-status cases.

𝐖𝐇𝐀𝐓 𝐒𝐇𝐎𝐔𝐋𝐃 𝐘𝐎𝐔 𝐓𝐀𝐊𝐄 𝐀𝐖𝐀𝐘?

Before making decisions about public benefits, filing an immigration application, or planning your next step, understand:

✔️ Which immigration category you are applying under

✔️ Whether the public-charge ground applies to your category

✔️ Whether you are adjusting status or applying for an immigrant visa abroad

✔️ Which public-charge rules and procedures apply to your case

Immigration rules and agency procedures can change. Current guidance and relevant court developments should be reviewed before making important decisions.

Need help understanding the immigration process that applies to you? SWAS Immigration can help you explore your options.

Disclaimer: This information is for general educational purposes and does not constitute legal advice. Public-charge rules, exemptions, and procedures may depend on the facts of an individual case.

𝐂𝐎𝐌𝐌𝐎𝐍 𝐃𝐄𝐋𝐀𝐘𝐒 𝐀𝐓 𝐄𝐀𝐂𝐇 𝐒𝐓𝐀𝐆𝐄 𝐎𝐅 𝐀 𝐕𝐀𝐖𝐀 𝐂𝐀𝐒𝐄

A VAWA case can take time, but not every delay has the same cause.

Some delays are part of USCIS processing and may be outside your control. Others can happen because of issues with the case itself.

Here are common things to watch for:

✅Before filing: missing evidence, inconsistent information, incomplete forms, or filing errors.

✅During USCIS review: Requests for Evidence (RFEs), additional review, or case-specific issues.

✅After VAWA approval: additional forms, evidence, biometrics, interviews, or other processing may be required depending on the case.

✅At the Green Card stage: RFEs, interviews, background checks, and, in certain cases, visa availability can affect the timeline.

The goal is not to assume that every delay can be avoided. It is to identify potential problems early and avoid the ones that can be prevented.

Preparing carefully can help keep your case from facing unnecessary setbacks.

This information is for general educational purposes and does not constitute legal advice.

𝐖𝐇𝐀𝐓 𝐈𝐒 𝐀 𝐏𝐔𝐁𝐋𝐈𝐂-𝐂𝐇𝐀𝐑𝐆𝐄 𝐁𝐎𝐍𝐃 𝐅𝐎𝐑 𝐀𝐍 𝐈𝐌𝐌𝐈𝐆𝐑𝐀𝐍𝐓 𝐕𝐈𝐒𝐀?

A public-charge bond is not a fee that every immigrant-visa applicant has to pay.

The US Department of State is currently using a pilot procedure under which a consular officer may determine that a public-charge bond is appropriate for certain immigrant-visa applicants.

If the procedure applies, the applicant may be directed to apply for the bond through USCIS.

The bond is separate from the Form I-864 Affidavit of Support and from ordinary visa or USCIS filing fees.

A few important points:

✅The procedure does not apply automatically to every immigrant-visa applicant.
✅ A bond may come into consideration when there is a public-charge concern under INA §212(a)(4).
✅ The bond amount is not one universal amount for everyone. It is determined based on the circumstances of the individual case.
✅ The applicant must still satisfy all other applicable immigration and admissibility requirements.

If a public-charge concern has been raised in your immigrant-visa case, it is important to understand what legal issue has been identified and what procedure actually applies to your situation.

Do not assume that a bond is required simply because you are applying for an immigrant visa.

𝐖𝐇𝐀𝐓 𝐈𝐒 𝐀 𝐓 𝐕𝐈𝐒𝐀 𝐅𝐎𝐑?

The T Visa is a US immigration protection available to certain victims of human trafficking.

It was created to help eligible trafficking victims obtain immigration protection, including people who may be afraid to seek help because of their immigration status.

Depending on the circumstances, an eligible person may be able to:

✅ Receive protection under T nonimmigrant status
✅ Obtain work authorization
✅ Potentially include certain qualifying family members
✅ Eventually pursue a green card if they meet the requirements for adjustment of status

Human trafficking can take different forms, including labor trafficking and s*x trafficking. It does not always involve kidnapping or physical confinement. Trafficking can involve force, fraud, or coercion to exploit someone for labor or commercial s*x.

Not every trafficking survivor will qualify for a T Visa. Eligibility depends on the specific facts of the case and the applicable legal requirements. Certain requirements may also have exceptions.

If you think you or someone you know may have experienced human trafficking, learning about your immigration options can be an important first step.

Book a consultation with SWAS Immigration to learn more about your options.

𝐇𝐎𝐖 𝐕𝐀𝐖𝐀 𝐂𝐀𝐍 𝐇𝐄𝐋𝐏 𝐒𝐔𝐑𝐕𝐈𝐕𝐎𝐑𝐒 𝐑𝐄𝐁𝐔𝐈𝐋𝐃 𝐓𝐇𝐄𝐈𝐑 𝐋𝐈𝐕𝐄𝐒 𝐈𝐍 𝐓𝐇𝐄 𝐔𝐍𝐈𝐓𝐄𝐃 𝐒𝐓𝐀𝐓𝐄𝐒

VAWA, or the Violence Against Women Act, provides certain immigration protections for eligible survivors of abuse, including both men and women.

An eligible survivor may be able to file a self-petition without relying on the abusive U.S. citizen or lawful permanent resident spouse or parent to file for them.

VAWA may allow an eligible survivor to:

✅Pursue immigration relief without relying on the abuser to file the petition
✅Obtain employment authorization when eligible
✅Work toward greater financial independence
✅Pursue lawful permanent residence if the applicable requirements are met
✅Build a more stable future for themselves and, in some cases, their children

VAWA eligibility is specific to each case, and not every survivor will qualify. An immigration attorney can help determine whether VAWA may be available based on your circumstances.

Disclaimer: This content is for general informational purposes only and does not constitute legal advice.

𝐇𝐎𝐖 𝐕𝐀𝐖𝐀 𝐂𝐀𝐍 𝐇𝐄𝐋𝐏 𝐒𝐔𝐑𝐕𝐈𝐕𝐎𝐑𝐒 𝐑𝐄𝐁𝐔𝐈𝐋𝐃 𝐓𝐇𝐄𝐈𝐑 𝐋𝐈𝐕𝐄𝐒 𝐈𝐍 𝐓𝐇𝐄 𝐔𝐍𝐈𝐓𝐄𝐃 𝐒𝐓𝐀𝐓𝐄𝐒

VAWA, or the Violence Against Women Act, provides certain immigration protections for eligible survivors of abuse, including both men and women.

An eligible survivor may be able to file a self-petition without relying on the abusive U.S. citizen or lawful permanent resident spouse or parent to file for them.

VAWA may allow an eligible survivor to:

✅Pursue immigration relief without relying on the abuser to file the petition
✅Obtain employment authorization when eligible
✅Work toward greater financial independence
✅Pursue lawful permanent residence if the applicable requirements are met
✅Build a more stable future for themselves and, in some cases, their children

VAWA eligibility is specific to each case, and not every survivor will qualify. An immigration attorney can help determine whether VAWA may be available based on your circumstances.

Disclaimer: This content is for general informational purposes only and does not constitute legal advice.

𝟑 𝐕𝐈𝐒𝐀 𝐁𝐔𝐋𝐋𝐄𝐓𝐈𝐍 𝐌𝐈𝐒𝐓𝐀𝐊𝐄𝐒 𝐓𝐇𝐀𝐓 𝐂𝐀𝐍 𝐃𝐄𝐋𝐀𝐘 𝐘𝐎𝐔𝐑 𝐆𝐑𝐄𝐄𝐍 𝐂𝐀𝐑𝐃 𝐂𝐀𝐒𝐄

The Visa Bulletin can play a major role in determining when a green card case can move forward.

But simply checking your priority date is not always enough.

Here are three mistakes that can cause applicants to misunderstand their timing or miss an opportunity to move forward:

✅ Reading the wrong chart

The Visa Bulletin includes different charts, and they serve different purposes. For adjustment of status cases, USCIS also determines which chart can be used for filing each month.

✅ Waiting too long when your category becomes current

If your priority date becomes current and you are otherwise ready to move forward, waiting unnecessarily can create problems if the category later retrogresses. You could find yourself waiting again.

✅ Not monitoring Visa Bulletin movement

Your priority date can move forward, remain unchanged, or move backward. If you are not keeping track, you could miss a change that affects when you can take the next step.

Your priority date, preference category, country of chargeability, and the applicable Visa Bulletin chart all matter.

If you're unsure what the Visa Bulletin means for your green card case, book a consultation with us to discuss your options.

This information is for general educational purposes and is not legal advice.

“Can I just buy a Green Card through EB-5?”

No.

EB-5 is an investment-based immigration pathway, but it is not simply a purchase of permanent residence.

The program requires:

✅A qualifying investment
✅Documentation of the lawful source and path of your funds
✅Applicable job-creation requirements
✅Other immigration eligibility requirements

And having enough money to invest does not automatically mean you qualify.

Before committing significant capital to an EB-5 investment, make sure you understand the immigration requirements as well as the financial risks.

Book a consultation to discuss whether EB-5 may be appropriate for your situation.

📌This content is for general informational purposes and does not constitute legal advice.

𝐄𝐁-𝟓 𝐈𝐍𝐕𝐄𝐒𝐓𝐌𝐄𝐍𝐓: 𝐖𝐀𝐓𝐂𝐇 𝐁𝐄𝐅𝐎𝐑𝐄 𝐈𝐍𝐕𝐄𝐒𝐓𝐈𝐍𝐆

An EB-5 investment is not just a pathway to pursue US permanent residence. It is also a significant financial investment, which means you need to understand what you are investing in before committing your funds.

Before investing in an EB-5 project, be cautious if you encounter:

✅ Promises of guaranteed immigration results
✅ Claims that your investment is risk-free or guaranteed to generate returns
✅ Pressure to invest before you have time to review the project
✅ Unclear explanations about how your funds will be used
✅ Missing, vague, or difficult-to-understand information about the project or its structure

Immigration counsel can help you understand the immigration requirements and identify issues that may require further review. Financial and investment due diligence may also require other qualified professionals.

Considering EB-5? Book a consultation to discuss your immigration options before moving forward.

This information is for general educational purposes and does not constitute legal or investment advice.