By: Andreea Radulescu, Esq.

Just a year ago in the U.S., most mornings didn’t begin with an immigration headline that made one nearly spit out their coffee and ponder its replacement with a punishing potato vodka.

Were you to look around, you’d find attorneys more willingly sharing strategies, social-media gurus “unlocking immigration success,” and humble brags about “Einstein Visa” approvals. Although the U.S. immigration system was imperfect and backlogged, migrant professionals and students still felt a strong sense of confidence that the U.S. would welcome their contributions to progress and diversity. Their end-goals were stability, safety, and purpose.

Alas, if you’ve kept your eyes open in 2025, you’ve maybe encountered that barrage of “breaking” news, masterfully curated to undermine those goals. That which could crack even the staunchest optimist’s spirit, were it not for fearless attorneys fighting for better days and shouldering the American Dream. Still, as the U.S. continues its messy, soul-searching work, one thing remains clear. Whether awareness brings reassurance or discomfort, seeing the current landscape with clarity can only lend steadiness to one’s immigration decisions.

In offering transparency on the “big picture” and breaking down some of the most notable recent updates in talent-based immigration, I hope this article does just that.

The Big Picture

At present, U.S. business immigration is under the influence of impulsive presidential proclamations. On paper, statutes and regulations still invite immigrants’ extraordinary talent and nationally important endeavors. Practically, however, barriers are rising under the administration’s stated intent to put the “American Worker First,” protect national security, and increase U.S. financial capital. Those aspirations sound reasonable, assuming sincerity. Our Executive posited the (grammatically “interesting”?) notion that “nothing bad can happen, it can only good happen.” Is that so? And does it justify sidelining constitutional checks and balances?

Mounting lawsuits suggest otherwise. Many “Einsteins” will redirect their skills to countries more welcoming of their stable genius, while others remain, kept here by love, careers, or families, and forced to make decisions that test both heart and mind. For them, hope for a stable immigration future is less a choice than a necessity.

As a business immigration attorney who shares that hope for similar reasons and who has helped clients emerge unscathed from Trump 1.0 and beyond, I offer this advice:

  1. U.S. immigration is increasingly unforgiving. Exercise intuition, be proactive about maintaining status, ensure timely application filings, keep records, and carry proper documentation.
  2. Mind your online presence, especially if in F, M, or J status. Avoid politics and keep your digital footprint consistent with your declared purpose and status.
  3. Don’t compare your journey to anyone else’s. Policy updates and gray areas make such comparisons unreliable and dangerous. Seek guidance from licensed attorneys who understand your individual circumstances.
  4. Timing and luck matter. Complacency will cost.
  5. If you’ve settled on an informed decision, keep your chin up and stay apprised of updates. People are fighting for you, even if progress seems slow.

Notable Recent Updates in Skill-Based Immigration

  • Sharper Scrutiny of Employment-Based 1st & 2nd Self-Petitions

EB-1A Extraordinary Ability and EB-2 National Interest Waiver visa petitioners must carefully document eligibility; large reliance on testimony won’t suffice. Although the standard of proof remains a preponderance of the evidence (“more likely than not”), adjudication trends indicate heightened scrutiny, especially on NIWs. Of cases adjudicated in Quarters 1 & 2 of Fiscal Year (FY) 2025, USCIS has approved 66% of EB-1As and 54% of NIWs.

Once associated with high approval rates (96%-FY2022 and 80%-FY2023), the NIW has become the most unpredictable EB. People pursue it to escape the sluggish PERM process, but over half now fail to convince USCIS that their work warrants a waiver, especially in the “American Worker First” climate. That said, it’s those in indispensable roles or driving innovations with tangible benefits to Americans who stand the best chance. Excelling at one’s job or benefiting an employer isn’t enough when a qualified U.S. worker could do the same.

Meanwhile, DHS has listed “Immigrant Worker Reforms” (RIN 1615-AC85) on its 2026 regulatory agenda, aiming to “modernize” the employment-based system by revising evidentiary standards, codifying policy guidance, and tightening oversight of EB-1, EB-2, and NIW adjudications. If enacted, these updates could formalize the heightened scrutiny already evident in practice.

  • The “Gold Card” & Possible Impact on EBs

The administration’s proposed Gold Card program, marketed as an elite fast track, is neither a new visa nor a statutory category. It offers entry into EB-1A or EB-2 NIW through a $1 million personal gift or $2 million employer contribution as “evidence” of ability or national interest. The payment is non-refundable, lacking regulatory guidance, and revocable on executive whim. Unlike EB-5, it offers no guaranteed adjudication, derivative benefits, or permanence. While promising on paper, it is rife with uncertainty, from eligibility and oversight to its effect on visa backlogs. Equating talent with wealth raises constitutional and policy concerns. For now, the Gold Card looks more like a policy experiment, and merit remains the truest currency of success.

  • H-1B and O-1 Visa Considerations

The O-1 visa remains an agile option and a strong precursor to EB-1A or NIW, sustaining a 93.8% approval rate so far in FY 2025. Yet as H-1B pathways grow more restrictive, many professionals abroad with borderline qualifications may pivot toward the O-1, likely softening its approval rate.

Under litigation, the September 2025 proclamation imposes a $100,000 filing fee on employers of first-time H-1B beneficiaries abroad, a cost that could drastically alter hiring patterns for skilled foreign workers. No clear payment process or exemption criteria exist, leaving uncertainty over which sectors, employers, or disciplines (if any) would be exempt.

Additionally, the wage-weighted lottery quadruples selection odds for top earners while sharply reducing them for entry-level roles. Large corporations might adapt, but startups and universities, unable to match high salaries, are poised to struggle.

The Road Ahead

The U.S. still needs extraordinary talent, but its immigration system increasingly tests endurance alongside excellence. Executive orders can create or undo programs overnight, while regulatory clarity lags behind politics. However, the wisest course isn’t chasing fool’s gold. It’s documenting every petition to show verifiable achievement, genuine value, and procedural precision. It’s acting on time, getting professional guidance, and ensuring legal compliance with the terms of one’s visa.

Until stability returns, documented excellence and strategic diversification remain the truest passports to America’s future.