Berger Immigration Law

08/25/2026

Two weeks ago, I shared a hopeful update on the ongoing litigation surrounding the controversial $100,000 H-1B fee, where federal courts, including the U.S. Court of Appeals for the First Circuit, blocked enforcement of the requirement.

It turns out I spoke too soon.

The administration has proposed a new rule attempting to expand this fee structure, this time framed as a $103,265 filing fee to be used to “administer the lawful immigration system” while seeking to broaden its application not only to cap-subject petitions but also to include foreign professionals already residing in the U.S. and may consequently pull in graduating students in the mix (thanks for getting your degree here, now go)…

The first fee presented, has only temporarily been blocked by the 1st circuit. So to add more fun, if the $100K proclamation fee is revived and stays in effect when this new rule takes hold, some employers could be looking at over $200,000 in combined fees for a single case, on top of standard filing costs.

The White House would appear to prefer these professional, motivated and talented workers go anywhere else.

While this proposal will inevitably face intense legal challenges, employers and foreign nationals should not wait on litigation to safeguard their status and workforce continuity. It is critical to focus on proactive legal strategies.

If your organization or personal status is impacted by these ongoing shifts, consider evaluating alternative, strategic legal pathways:

• Non-Cap & Specialty Visa Categories: Evaluate eligibility for options that bypass the statutory H-1B cap entirely, such as O-1 (Extraordinary Ability), L-1 (Intracompany Transfers), TN (for Canadian/Mexican citizens), E-3 (Australian nationals), or cap-exempt institutions (universities, non-profit research entities).

• Self-Petitioned Permanent Residence: For highly accomplished professionals, researchers, and entrepreneurs, EB-1A or EB-2 National Interest Waivers (NIW) offer pathways to permanent residence without relying on employer-sponsored H-1B cap filings.

• Investor & Entrepreneurial Routes: Exploring E-2 (treaty investor) or EB-5 options can provide long-term residency and business creation opportunities in the U.S.
Regulatory proposals take time to move through notice-and-comment periods, and immediate legal challenges are expected if finalized. For now, stay informed, audit your visa strategy, and map out contingency options early.

Call Berger Immigration Law to find out how we may be able to support you.
(Disclaimer: This post is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Immigration law is fact-specific and changes frequently, so you should consult a licensed immigration attorney regarding your particular situation before taking any action.)

08/04/2026

I had a client ask me this week: "What about the Trump Gold Card? Should I go for that instead of doing EB-5?"

So let's break it down.

The Gold Card:

• $1 million "gift" to the Department of Commerce (yes, a gift — like Venmo-ing a stranger and hoping for a green card back)

• Plus a “very” reasonable $15,000 processing fee (compared to the $700 filing fee for others who land in this visa category including professional workers, etc)

• 100% non-refundable. Changed your mind? Doesn't matter — that money is gone forever

• Doesn't create a single new visa number. You're still standing in the same EB-1/EB-2 line as everyone else, just $1 million poorer while you wait (by the way, as I’m writing this, these lines are longer than the current wait times for EB5 regional center or TEA or rural investors);

• As of almost a year after the program began- only one…ONE…person actually approved (according to the most recent information released by the Department of State).

Somewhere out there is the world's most patient, most expensive guinea pig

The EB-5 Investor Visa:

• Actual capital investment in an actual business or regional center (regional centers often consist of large infrastructure projects or housing developments)

• Creates real jobs, funds real infrastructure: roads, hotels, housing, the stuff that doesn't disappear into a federal ledger

• Structured so that, in most cases, you get your principal back — sometimes with profit, once the project matures and job creation requirements are met

• Yes, it takes longer, and yes, there's real risk (it's an investment, not a magic trick), but at the end of the road you may have a green card AND your money plus profit or interest.

So to summarize: one path is "give the government $1 million and hope," and the other is “invest $800K+ (heads up, this number is set to increase for inflation in January, 2027) in something that builds an actual business and, more often than not, hands your money back.” Tough choice.

*This post is for general informational and entertainment purposes and reflects my own commentary, not legal advice. Speak with counsel before making any investment or immigration decision.

05/26/2026

USCIS released a new Policy Memorandum (on a Friday) that appears to add a requirement to prove extraordinary circumstances in order to stay here for an applicant's permanent residence card as opposed to leaving the country for a consular interview.

"USCIS will carefully review the various pathways to discretionary adjustment of status as well as discrete populations of aliens applying for adjustment of status in the context of the consistent and longstanding finding that adjustment of status is an extraordinary matter of discretion and administrative grace not designed to supersede the regular consular processing of immigrant visas."

"Discrete populations of aliens?"

Adjustment of status has always been a matter of discretion. But throwing the word "extraordinary" into the mix changes the review to require a new legal standard.

USCIS unilaterally changing the legal standard without changing the regulation from Congress, is hopefully something our fair litigators in this area will take on.

USCIS is (maybe intentionally?) ignoring the years' long wait times at every consulate.

USCIS is (maybe intentionally?) now requiring the families to wait years for their appointments outside of the US, potentially separating those families for as long so they don't get denied as a "matter of discretion."

USCIS is interrupting employment based workflows (many of these workers have been working in a job waiting on that adjustment for 13+ years depending on their country of origin).

A little upsetting to say the least. Please reach out if you have questions or to talk through your specific circumstances. We would like to help you.

02/13/2026

🌎 Immigration Paralegal – Join a Firm Built on Integrity and Care
Location: Dunwoody, Georgia
Position Type: Full-Time, Hybrid opportunity
Practice Area: We help immigrants to achieve status in the United States related to their investments, and their employment that includes work with clients to submit H-1Bs, L-1As, TNs, E2s, EB1s, EB-5s, and related work

Our Firm
We are a growing firm helping talented and entrepreneurial aspiring immigrants from all over the world. Our work changes lives. Because of that, we believe in doing things the right way—treating clients like people, communicating truthfully, and holding ourselves to the highest standards of professionalism. As we grow, we are looking for a talented and motivated team member who shares our values.

Who We Are Looking For
This role is ideal for someone who:
• Has a proficient and deep understanding preparing and submitting H-1Bs, L-1As, TNs, E2s, EB1s, EB-5s, and related work with a track record of successful results
• Is tech-savvy and comfortable learning new systems; we have a cloud based network and proficiency with computers is a must
• Cares deeply about helping people and it shows in his or her communication with clients, colleagues and coworkers
• Takes pride in organized, detail-oriented work

Specific Responsibilities
• Prepare and organize immigration petitions, applications and responding to government requests
• Communicate with clients to gather documents and information
• Draft forms, support letters, and correspondence
• Track deadlines and maintain organized case files
• Follow processes and procedures using the case management system in the interest of succeeding as a team

What We Offer
• Competitive salary based on experience
• Opportunity for growth and advancement
• Supportive, team-oriented culture
• Meaningful work that makes a real difference
• Professional development

How to Apply
To apply, please DM me through my linkedin profile www.linkedin.com/in/immigrationandvisas with a short (1 paragraph) description of where you have worked for the last 5 years.
We look forward to meeting you.

Experience: Berger Immigration Law LLC · Location: Atlanta · 500+ connections on LinkedIn. View Dara Berger Morris’ profile on LinkedIn, a professional community of 1 billion members.

01/26/2026

Confused about the timeline between the H1B lottery submission date and H1B employee start date for work if you make the lottery?

01/13/2026

Did you know the H1B process is changing? Watch this video to find out more...

01/07/2026

At Berger Immigration Law, we believe smart immigration guidance is about more than keeping up with the law; it’s about staying ahead of it. With decades of experience and a deep understanding of shifting immigration policies, we help families and employers move forward with confidence. ⚖️

Whether you’re a business navigating complex visa categories or a family seeking long-term solutions, we offer strategic, forward-thinking legal support tailored to your needs.

Learn more and connect with us today: https://www.bergerimmigrationlaw.com/about-us/

12/29/2025

As 2025 draws to a close, we’re reflecting on the powerful stories we’ve been privileged to be a part of. From families reuniting to employers expanding opportunities, it’s been a year of progress, determination, and meaningful impact.

Thank you for letting us guide your journey. Your resilience inspires the work we do, and we look forward to continuing that work with the same passion and purpose in 2026.

Here’s to new beginnings, continued advocacy, and another year of helping people move forward.

Wishing you peace and progress in the New Year! 🎆

12/05/2025

Traveling this holiday season, but don’t have a visa yet? You’re not alone—and now more than ever, it’s important to understand the risks before making any plans.

If you're waiting on an approval or managing a temporary status, here’s what to consider:

✅Do you qualify for visa-free travel? Check agreements between your home country and destination.
⚠️Could leaving affect your immigration case? Travel can impact pending applications or status changes.
🛂Will you face challenges reentering the U.S.? Even with valid documents, reentry is never guaranteed.
📄Do you have all necessary documentation? Carry approvals, travel permits, and supporting paperwork.

Our latest blog covers these issues and more to help you travel wisely.
🧳Read it here: https://blog.bergerimmigrationlaw.com/

11/24/2025

This Thanksgiving, we want to take a moment to share our gratitude. At Berger Immigration Law, we are thankful for the opportunity to serve so many individuals and families who courageously pursue their dreams in the United States.

We also want to express our appreciation for our community of supporters, partners, and colleagues who make this journey possible. Immigration is more than a legal process—it's an opportunity and new beginnings.

As you gather with your loved ones this holiday season, we wish you peace, joy, and connection.

From our family to yours, Happy Thanksgiving. 🍂