On Oct. 4, President Donald Trump signed a new “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System,” which goes into effect Nov. 3 and affects most immigrant visa applicants. This Presidential Proclamation is separate from the Public Charge Rule, which is on hold in the U.S. due to a court injunction, and its implementation at U.S. Consulates has been delayed by the Department of State.

According to the new Presidential Proclamation, with very small exceptions including refugees and asylees, applicants for immigrant visas will need to present evidence to the consular office “to the consular officer’s satisfaction” at the time of their immigrant visa interview that they will be covered by approved health insurance within 30 days of entering the U.S. or that they have enough financial means to pay for “reasonably foreseeable medical costs.” The Presidential Proclamation asserts that “lawful immigrants are about three times more likely than United States citizens to lack health insurance.Continue Reading New Presidential Proclamation Requiring Health Care for Immigrant Visa Applicants Effective November 3, 2019

While the ballots cast in the 2022 Midterm Election are still being counted, it appears that Republicans will assume a slim majority in the House and there will be a similarly narrow split in Senate, well short of the 60-vote threshold required to pass most legislation.

It may be weeks until the final results are determined, but the narrow margins in both chambers will require developing bipartisan consensus to pass legislation, including funding the government and authorizing defense programs. While we should still expect to see a partisan divide, over the past two years we have seen Congress work together to pass a number of significant bipartisan bills, and legislators will need to continue to find ways to collaborate with each other in order to govern.

Our report below provides an outline of the many issues that will be debated after the 118th Congress is sworn in next year.

2022 Midterm Election Policy PaperBudget & AppropriationsEnvironmental, Social, and Governance (ESG)Immigration
Lame Duck PrioritiesCryptocurrencyFARA ReformTax
Agriculture and Food PolicyDefense & Foreign PolicyGovernment InvestigationsTrade
Antitrust, Privacy and TechnologyEnergy and EnvironmentHealth CareTransportation and Infrastructure

Former Virginia Attorney General Ken Cuccinelli has been appointed acting director of USCIS, replacing Acting Director Koumans. Director Koumans replaced Director Cissna on June 3 as acting director.

Below is the USCIS release:

WASHINGTON— Department of Homeland Security Acting Secretary Kevin McAleenan today announced that Kenneth T. (Ken) Cuccinelli will serve as the new acting director of U.S. Citizenship and Immigration Services (USCIS), effective June 10, 2019.

Cuccinelli will lead an agency of 19,000 employees and contractors who are responsible for administering our nation’s lawful immigration system while protecting Americans, securing the homeland, and honoring our values. In fiscal year 2018 alone, USCIS adjudicated more than 8.7 million requests for immigration benefits.

“I am honored to be given the opportunity to lead U.S. Citizenship and Immigration Services at this critical time and serve alongside this agency’s dedicated workforce,” said Acting Director Cuccinelli. “USCIS has the extraordinary responsibility to administer and protect the integrity of our nation’s lawful immigration system. Our nation has the most generous legal immigration system in the world and we must zealously safeguard its promise for those who lawfully come here. I look forward to working with the men and women of USCIS to ensure our legal immigration system operates effectively and efficiently while deterring fraud and protecting the American people.”

Cuccinelli previously served as Virginia’s attorney general from 2010 to 2014. During his time as attorney general, he led the Commonwealth in fighting human trafficking. Additionally, he led efforts resulting in record enforcement against gangs, health care fraud, and child predators. Cuccinelli also served in the Senate of Virginia from 2002 to 2010 and has practiced law for nearly 25 years.

Cuccinelli earned a mechanical engineering degree from the University of Virginia, a law degree from Antonin Scalia Law School at George Mason University, and a Masters in International Commerce and Policy from George Mason University.

Cuccinelli and his wife, Teiro, grew up and live in Virginia and have seven children.

For more on USCIS, click here.

A June U.S. Policy Metrics/Hamilton Place Strategies report Harnessing Private Capital For Job Creation: An Analysis Of The EB-5 Visa Program demonstrates the impact of the EB-5 visa program as a net job creator and budget-neutral catalyst for bringing private investment into the U.S. The report was commissioned by the EB-5 Investment Coalition (EB-5IC), a broad-based, bipartisan organization focused on reauthorizing and strengthening the EB-5 Regional Center Program. This report is authored by Steve McMillin, a partner at U.S. Policy Metrics and former deputy director of the White House Office of Management and Budget under President George W. Bush; Michael Solon, also a partner at U.S. Policy Metrics and former budget advisor to Senate Majority Leader Mitch McConnell (R-KY); and Matt McDonald, a partner at Hamilton Place Strategies and a former advisor to President George W. Bush.

Continue Reading New Report Validates the EB-5 Program as a Most Efficient Job Creation Program

Weeks of ups and downs and high points and low points in the Immigration Reform debate have left the stakeholder community wondering how next to proceed. Last week, Washington Post opinion writer George Will crystalized the issues raised by House Republicans, and addressed the reasons not to move forward. See article here and key items from the article included below in italics.

Political Excuses

  • Republicans should focus on the problems of the Obama Health Care Reform Bill. This has already been done very effectively.
  • This is a divisive issue for the Republicans and should be avoided. Republicans say the Immigration System is broken and it is a matter of how to fix it, not when to fix it.
  • Immigration Reform will create Democratic voters. Voters gravitate to candidates with similar values and offer opportunity.
  • President Obama cannot be trusted to enforce immigration reforms. This distrust may be addressed by crafting legislation to ensure enforcement with checks and balances.

Substantive Excuses

  • Immigrants could negatively impact American culture and not assimilate. Assimilation will be an important part of any immigration reform proposal and nearly 60 percent of the illegal population has already been in the U.S. more than 10 years and have been assimilating.
  • Enforcement is a key component of Immigration Reform. I am in agreement that enforcement is a key component of sensible Immigration Reform.
  • Immigration Reform will encourage low skilled and less educated workers that will depress wages of Americans. Lesser-skilled and lower skilled jobs must be done and U.S. workers are not taking them. The Congressional Budget Office says that immigration may causes a slight reduction is wages, but there will be an increase in economic growth overall attributable to immigrants. The economy needs workers at all levels to grow. When there is a need, there should be a mechanism to allow immigrant workers to fill that need.

Let’s move forward and do what everyone thinks should be done – sensible Immigration Reform in 2014.

The Essential Worker Immigration Coalition (“EWIC”), co-chaired by Greenberg Traurig Business Immigration & Compliance Practice Co-Chair Laura Reiff, issued the below reaction to the release of Republican standards for immigration reform following the annual House Republican retreat held this week.

Reaction to the Release of the Republican Standards:

IMMIGRATION REFORM IS KEY PRIORITY FOR THE HOUSE REPUBLICANS 

2014 IS THE YEAR FOR IMMIGRATION REFORM

The business community expressed its strong support for the principles laid out by the House Republican leadership this week.  House Republicans have identified key principles that line up with tenets long endorsed by the Essential Worker Immigration Coalition.  These principles include among other things:  (i) security at our borders; (ii) a workable worksite enforcement system; (iii) a temporary worker program that will respond to the needs of our economy; and (iv) a program that will bring hardworking unauthorized immigrants out of the shadows to be considered for legal status.

We are encouraged by the importance House leadership has assigned to this issue, and we look forward to enactment of sound immigration reform legislation.  This sets the stage for the House to move ahead with the immigration bills that have already passed out of committee and introduce other bills that comport with the principles.  EWIC looks forward to continuing to work with the House to find a solution to the nation’s immigration policy problems.

The Essential Worker Immigrant Coalition (EWIC) is a broad-based coalition of national businesses and trade associations from across the industry spectrum concerned with the shortage of both semi-skilled and unskilled (“essential worker”) labor.  EWIC supports policies that facilitate the employment of essential workers by U.S. companies that are unable to find American workers (www.ewic.org). 

Additional press releases from EWIC members are included below:

Associated Builders and Contractors

Associated General Contractors of America

American Health Care Association

American Hotel and Lodging Association

International Franchise Association

Immigration Works USA

National Association of Home Builders

National Association of Manufacturers

National Roofing Contractors Association

U.S. Chamber of Commerce

We are excited to continue to grow our Business Immigration and Compliance Practice in the firm’s Philadelphia office. Attorneys Jennifer Hermansky and Nataliya Rymer joined the firm earlier this year, and we have now added senior paralegal Casey O’Brien to the team.

Hermansky focuses her practice on both employment-based and EB-5 immigration. She has dedicated the majority of her immigration practice to EB-5, including the counseling of regional centers, projects and investors. Hermansky regularly works with developers across a variety of industries seeking capital for new projects that qualify for EB-5 investments. She counsels clients on the creation of new Regional Centers, amendments of a Regional Center designations, and adoptions of developer projects by existing Regional Centers.

Rymer represents clients in a wide range of employment-based immigrant and non-immigrant matters, including professionals, managers and executives, artists and entertainers, treaty traders and investors, immigrant investors, and persons of extraordinary ability. Her diverse client base spans a multitude of industries, including health care, pharmaceutical and real estate, as well as entrepreneurs, scientists, and researchers in scientific communities. Rymer focuses her practice on employment eligibility compliance and complex business immigration law, and case management issues for multinational companies.

“We are pleased to welcome Casey to our Philadelphia office,” said Michael L. Lehr, Regional Operating Shareholder. “Her wide-ranging experience in business immigration will be a strong asset for the firm’s global clientele.”

O’Brien has nearly seven years of employment-related immigration experience and works closely with attorneys on immigration matters for universities, including faculty, physicians and staff. She has particular experience on H-1B cases, as well as L-1A/L-1B, E-2, PERM, employment and family-based immigrant visa petitions, Adjustment of Status, and Naturalization matters. Additionally, she has extensive experience handling the preparation of start-up H-1B’ petitions involving right to control and specialty occupation issues for graduates of Ivy League MBA programs.

“Casey is a strong addition to the Business Immigration and Compliance team,” said Laura F. Reiff, Co-Chair of the firm’s Business Immigration and Compliance group. “Her expertise in employment-based immigration, specifically with local and national colleges and universities, enhances the firm’s ability to provide our clients with a wide-range of business immigration and compliance services in an ever-changing market.”

Greenberg Traurig’s Business Immigration and Compliance group represents businesses, organizations, and individuals from around the world on a wide range of immigration matters and visa needs, including colleges and universities, corporate, allied health, IT and electronics, architecture, real estate, large retail chains and hospitality companies. The team advises multinational corporations on a variety of employment-related immigration issues, focusing on strategic immigration planning for U.S. and international companies for the international relocation of personnel both from and into the United States.

The Trump administration has directed U.S. embassies and consulates worldwide to temporarily pause and reschedule immigrant visa interviews while consular officers undergo mandatory training on enhanced screening procedures, including the public charge ground of inadmissibility. This development represents a significant change for individuals pursuing U.S. permanent residence through consular processing and may result in delays for family-based, employment-based, and other immigrant visa applicants around the world.

The Pause Applies to Immigrant Visa Interviews

This pause should not be confused with a suspension of all U.S. visa interviews. Based on information currently available from the State Department, the directive applies to immigrant visa interviews – meaning, to family-sponsored and employment-based applicants seeking to obtain U.S. permanent residence through U.S. embassies and consulates. Nonimmigrant visa categories — including B-1/B-2 visitors, F-1 students, H-1B workers, L-1 intracompany transferees, and E-2 treaty investors — are not presently included in the worldwide interview pause. Applicants should nevertheless continue to monitor communications from the U.S. consular post or embassy handling their specific case, as appointment practices may vary by post.

New Training Focuses on Public Charge Review

The U.S. Department of State reportedly instituted a temporary immigrant visa interview pause to provide consular officers with additional training on screening immigrant visa applicants, with particular attention to the public charge ground of inadmissibility. Under Section 212(a)(4) of the Immigration and Nationality Act, certain applicants may be found inadmissible if the government determines that they are likely at any time to become a public charge.

Public charge determinations involve considering an applicant’s overall circumstances, including financial resources, age, health, education, skills, family circumstances, and other relevant factors, as applicable under governing law and policy. The emphasis on additional officer training might be related to the recent DHS announcement of a new final rule surrounding public charge determinations and suggests that immigrant visa applicants may encounter heightened scrutiny of financial circumstances and self-sufficiency once interviews resume.

Accordingly, the significance of the current development may extend beyond the temporary rescheduling of interviews. GT will continue to track this development, including any adjudication trends noted after consular officers complete the new training.

How Long Will the Pause Last?

The State Department has not announced a firm date by which immigrant visa interviews will resume normal operations. Reports indicate that applicants with affected appointments may have their interviews postponed or rescheduled and should receive further instructions regarding new interview dates. Some reporting suggests that the interruptions may continue into September, although applicants may not want to rely on a particular date unless confirmed by the U.S. consular post where their interview is scheduled. Individuals with upcoming immigrant visa appointments should carefully monitor their email, the relevant embassy or consulate website, and any communications received through the visa processing portal. Applicants might also avoid making non-refundable travel arrangements based solely on an existing interview date without confirming that the appointment remains scheduled. The State Department urges applicants to avoid securing U.S. travel arrangements until such time that their immigrant visa applications have been approved.

The Announcement Follows a Significant Federal Court Decision

The timing of the worldwide interview pause is particularly notable, as this directive follows closely after a federal court struck down a separate Trump administration policy that had suspended immigrant visa issuance for nationals of 75 countries. However, the two developments should not be conflated. The earlier policy imposed restrictions based on nationality, while the new interview pause is broader geographically and is being characterized as a temporary operational measure designed to allow the State Department to train consular officers on enhanced adjudication standards. Nevertheless, the developments collectively reflect the administration’s continuing effort to impose greater scrutiny on immigrant visa adjudications and legal immigration overall.

Considerations for Immigrant Visa Applicants

Applicants pursuing permanent residence through consular processing may wish to be particularly vigilant during this period.

Those applicants who previously received immigrant visa interview notifications may wish to confirm whether their appointments remain scheduled, as well as closely monitor communications from the relevant consular post. Applicants who receive notification of interview postponement should preserve all notices and follow the post’s rescheduling instructions. Applicants may also wish to use any additional time to review the financial and other documentation required in support of their applications. Given the administration’s increased focus on public charge inadmissibility, applicants should be prepared to address questions concerning their financial circumstances and ability to support themselves in the United States.

Employment-based applicants and their employers should also consider whether a prolonged consular delay might affect employment start dates, existing nonimmigrant status, international travel, or other immigration planning.

What Comes Next May Be More Important Than the Pause

While the immediate concern is the interruption of immigrant visa interviews, the longer-term significance of the announcement may be the adjudication environment applicants encounter when interviews resume. Mandatory worldwide training is an indication that the State Department expects consular officers to apply its screening policies more consistently — and potentially more rigorously — across U.S. consular posts. Applicants should consider preparing not only for a rescheduled interview, but potentially for a more demanding immigrant visa adjudication process once interviews resume. Given the rapidly evolving immigration environment, immigrant visa applicants should continue monitoring all State Department announcements and guidance from the U.S. embassy or consulate handling their cases.

In a rebuke of recent USCIS immigration policies, a federal district court in Rhode Island vacated four agency policies that effectively suspended adjudication of thousands of immigration benefit requests. The June 5, 2026, decision in Dorcas International Institute of Rhode Island v. USCIS found that the policies exceeded USCIS’s statutory authority and violated the Administrative Procedure Act (APA). As a result, USCIS may no longer rely on these policies to halt adjudications of asylum applications, adjustment of status applications, employment authorization requests, naturalization applications, and other immigration benefits.

The ruling represents a judicial setback to the administration’s recent immigration enforcement initiatives and may serve as a reminder that, by law, immigration agencies cannot fundamentally alter congressionally created immigration processes through internal policy memoranda alone.

Which Policies Did the Court Strike Down?

The court invalidated four separate USCIS policies implemented in late 2025 and early 2026.

1. Benefits Hold Policy

This policy directed USCIS officers to suspend adjudication of immigration benefits filed by nationals of countries subject to the administration’s travel restrictions. Affected benefits reportedly included adjustment of status applications, employment authorization documents (EADs), naturalization applications, travel documents, and other immigration benefits. The policy had notable consequences for nationals of countries that had been designated under the administration’s travel and visa restrictions. While the list evolved over time, impacted countries included Afghanistan, Myanmar (Burma), Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen, among others. For some individuals from these countries, the impact extended well beyond international travel. Immigration benefits that often serve as a pathway to long-term stability in the United States — including adjustment of status, employment authorization, asylum, and naturalization — were effectively placed in limbo, creating uncertainty for families, employers, universities, healthcare institutions, and communities nationwide.

2. Global Asylum Hold Policy

USCIS also imposed a nationwide pause on adjudication of asylum and withholding applications, regardless of the applicant’s nationality.

3. Comprehensive Re-Review Policy

The agency instructed officers to revisit and re-review certain previously approved immigration benefits involving nationals of designated countries, creating uncertainty even for individuals who had already received favorable decisions.

4. Country-Specific Factors Policy

USCIS amended its guidance to instruct adjudicators to treat country-specific concerns associated with certain nationalities as a negative factor in discretionary immigration decisions.

The court concluded that all four policies were contrary to law and arbitrary and capricious under the APA.

Why This Decision Matters

Though the decision directly affects applicants from the countries targeted by the travel restrictions, its importance extends beyond those individuals. At its core, the case addresses a fundamental question: Can USCIS simply stop adjudicating immigration benefits that Congress has authorized? The court ruled that the answer is no.

Immigration statutes generally require USCIS to adjudicate applications and petitions filed under the immigration laws. While the agency has broad authority to approve or deny cases based on eligibility requirements, it does not have unlimited authority to place entire categories of applications into indefinite limbo based solely on an applicant’s nationality, country of birth, or generalized policy concerns. The court emphasized that applicants had followed the legal processes established by Congress and USCIS itself yet were left waiting indefinitely for decisions based on factors unrelated to their individual eligibility. In doing so, the decision reinforced a fundamental principle of administrative law: agencies must exercise the authority Congress granted them, but they may not create new barriers or suspend statutory processes absent clear legal authorization.

Implications for Employers

For employers, the practical consequences of these policies were notable. Foreign nationals whose adjustment applications, EAD renewals, or other immigration benefits were placed on hold often faced uncertainty regarding work authorization, international travel, onboarding, promotions, and long-term workforce planning. Universities, healthcare organizations, research institutions, technology companies, and multinational employers were impacted because many employees, researchers, physicians, and students originated from countries subject to the restrictions. If the court’s ruling remains in place, employers may begin to see movement on long-stalled applications and employment authorization requests. This could provide more predictability for workforce planning and immigration compliance.

At the same time, employers should remain cautious. USCIS has not yet issued comprehensive guidance regarding implementation of the decision, and the government may seek a stay pending appeal. As with many major immigration rulings, the litigation may continue even after the district court’s decision.

An Important Limitation: The Decision Does Not Eliminate Travel Restrictions or Guarantee Visa Issuance Abroad

It is important to understand what the decision does — and does not — do.

The policies the court vacated were USCIS adjudication policies. They governed how USCIS processed applications and petitions within its jurisdiction, including adjustment of status applications, employment authorization requests, naturalization applications, asylum applications, and other immigration benefits. The decision does not invalidate the underlying travel restrictions themselves, nor does it directly affect visa issuance decisions made by the U.S. Department of State at consulates and embassies abroad. As a result, individuals pursuing adjustment of status in the United States may see the most immediate benefit from the ruling, as USCIS should now resume adjudicating applications that may have been placed on hold under the challenged policies.

For individuals pursuing immigrant visa processing abroad, the impact may be more limited. If USCIS had delayed adjudication of an underlying petition because the beneficiary was from one of the affected countries, that obstacle should now be removed. However, once a case reaches the National Visa Center and a U.S. consulate, applicants may still encounter travel restrictions, enhanced vetting requirements, administrative processing, or other visa issuance limitations arising from separate presidential actions or Department of State policies. In other words, the court’s decision restores USCIS’s obligation to adjudicate immigration benefits, but it does not guarantee that a visa will be issued overseas or eliminate other restrictions that may apply to nationals of designated countries.

What Happens Next?

The decision vacated the policies themselves rather than merely prohibiting their enforcement against specific plaintiffs. That distinction is important. Vacatur under the APA generally means the challenged agency actions are set aside and may no longer be relied upon while the decision remains in effect. As a result, affected applications should return to normal adjudication processes unless a higher court intervenes.

However, litigation may not be over. The government may appeal the decision and seek a stay that would temporarily restore the policies while appellate review proceeds. USCIS may also explore alternative approaches to implementing its national security objectives that attempt to address the legal deficiencies identified by the court.

The U.S. State Department has announced a temporary halt on immigrant visa processing for applicants from 75 countries, effective Jan. 21, 2026. This pause comes as the department reassesses its vetting procedures under existing immigration law, specifically focusing on the public charge rule — a determination of whether an applicant is likely to require long-term financial or healthcare support from the U.S. government.

Who Does This Impact?

The full list of 75 countries comprises Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyzstan, Laos, Lebanon, Liberia, Libya, Macedonia, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Why the Pause?

The directive aims to prevent the entry of foreign nationals deemed likely to rely on U.S. welfare or public benefits. This move follows increased scrutiny of public charge rules and broader immigration policy changes under the current administration.

Key Points for Applicants and Employers

  • The government will pause visa decisions starting Jan. 21, 2026.
  • Applicants from affected countries may be able to expect delays and should consider alternative strategies.
  • Employers relying on foreign talent may need to adjust timelines and explore contingency plans.

What Happens Next?

The State Department may release more details soon. For now, applicants and businesses should stay informed and may wish to consult with immigration counsel to navigate this evolving situation.