By Wang Law LLC — U.S. Immigration & Business Law

I. Introduction: The Emergence of Donation-Based Immigration in the United Stat

On September 19, 2025, the President signed Executive Order 14351, authorizing the U.S. Department of Commerce to create an immigration-related program allowing high-net-worth individuals to obtain employment-based immigrant status through large monetary donations.

In December 10, 2025, USCIS released the new Form I-140G and its official instructions, formally establishing what is now widely known as the “Gold Card Program.”

Unlike traditional EB-2 or EB-5 frameworks, which rely on employer sponsorship or job-creating investments, the Gold Card introduces a direct-gift model—a structure unprecedented in U.S. immigration law.

This article provides a detailed legal analysis for individuals, families, and corporate petitioners considering the Gold Card option, addressing statutory basis, eligibility standards, filing procedures, visa retrogression issues, and comparative risks.

II. Legal Foundation: Executive Authority Combined with Existing INA Categories

The Gold Card Program is not a new immigrant visa category created by Congress. Instead, its legal authority arises from a combination of executive action and existing statutory classifications.

1. Executive Order 14351

The order authorizes the Department of Commerce to accept donation funds and collaborate with DHS/USCIS to attract foreign capital. However, it does not establish a new immigrant visa classification.

2. Reliance on Existing INA Employment-Based Categories

Form I-140G explicitly channels applicants into two existing categories:

• EB-1A – Extraordinary Ability
• EB-2 NIW – National Interest Waiver

Therefore, the donation is a prerequisite for filing—not a substitute for the statutory ability requirements.

III. Donation Requirements: The Most Expensive U.S. Immigration Path to Date

According to the I-140G instructions, applicants must make a non-refundable monetary gift to the U.S. Department of Commerce.

1. Self-Petitioners (no employer)

• Principal applicant: US$1,000,000
• Spouse: US$1,000,000
• Each dependent child: US$1,000,000

2. Employer-Petitioned Applicants

• Principal applicant: US$2,000,000
• Each dependent: US$1,000,000

3. Use of Cryptocurrency

USCIS expressly permits crypto-based assets as donation funds if:

• Full blockchain traceability is provided
• AML/KYC standards are met
• No suspicious transactions appear

4. Donations Are Not Refundable

Unlike EB-5 investments, donations:

• Are not investments
• Are not returnable
• Do not generate equity or interest

The program therefore imposes the highest financial requirement in U.S. immigration history.

IV. Filing Fee Structure: USCIS Charges an Additional US$15,000 Per Applicant

Each applicant—principal and dependents—must pay:

• US$15,000 USCIS filing fee
• No fee waivers available
• Not refundable under any circumstances

Combined with donations, a family of four may incur US$4–6 million in total costs, making this one of the most restrictive pathways ever created.

V. Ability Requirements: Money Alone Is Insufficient

Despite the donation requirement, USCIS maintains full statutory standards for EB-1A and NIW adjudication.

1. EB-1A Extraordinary Ability Standard

Applicants must demonstrate that they are among the small percentage at the very top of their field, through:

• A one-time major internationally recognized award, or
• At least three of the ten regulatory criteria (e.g., publications, judging, significant contributions, media coverage, etc.)

This remains one of the most demanding criteria in U.S. immigration law.

2. EB-2 NIW Exceptional Ability Standard

Applicants must satisfy:

• Exceptional ability under 8 CFR §204.5(k), and
• Matter of Dhanasar’s three-prong test:
  1. Substantial merit and national importance
  2. Applicant is well positioned to advance the endeavor
  3. Waiver benefits the United States

3. Additional Filing Requirement for NIW

Form I-140G instructions state that NIW applicants must submit:

• An uncertified ETA-9089

EB-1A applicants do not need to file this form.

Conclusion: The donation is merely an eligibility trigger—not a replacement for legal ability requirements.

VI. Filing Procedure and Visa Retrogression: No Concurrent Filing, Consular Processing Only

The most significant limitation appears in the lack of I-485 eligibility at filing.

1. No Concurrent Filing With Form I-485

USCIS states that the Adjustment of status is not available at filing. Applicants may proceed only when a visa number becomes available. Thus, Gold Card applicants cannot:

• File I-485 together with I-140G
• Obtain EAD(Form I-765)
• Obtain Advance Parole (Form I-131)

2. Visa Bulletin Still Applies

The instructions explicitly direct applicants to the Visa Bulletin. Consequences:

• China-born applicants face EB-1 and EB-2 retrogression
• Donations do not accelerate visa availability
• Consular processing is required after approval

This substantially limits the program’s speed and appeal for applicants from heavily retrogressed countries.

VII. Comparison With EB-1A, NIW, and EB-5 Programs

Category	Gold Card (I-140G)	EB-1A	NIW	EB-5
Cost	US$1M–US$2M per person (gift)	Filing/legal fees only	Filing/legal fees only	US$800k investment
Refundability	No	N/A	N/A	Possible (depending on project)
Ability Requirement	Yes	Yes	Yes	No
Job Creation	No	No	No	Yes
Visa Retrogression	Yes	Yes	Yes	Yes
I-485 Concurrent Filing	No	Yes (if current)	Yes (if current)	Yes (if current)
Dependent Cost	US$1M per dependent	None	None	Included

Conclusion: The Gold Card is designed for individuals who are both wealthy and highly accomplished. It is not a substitute for EB-5, nor is it a “pay-to-win” version of EB-1A/NIW

VIII. Legal Risks and Compliance Considerations

1. Source-of-Funds Scrutiny

USCIS and the Department of Commerce will apply rigorous:

• Anti-money laundering (AML) checks
• Know-your-customer (KYC) checks
• Blockchain tracing for crypto funds
• OFAC sanctions screening

Any irregularities may result in denial.

2. Policy Instability Risk

Because the program is based on an executive order, future administrations may:

• Modify
• Suspend
• Terminate the program

Without Congressional action, long-term predictability is uncertain.

3. High Financial Risk

Donations and filing fees are entirely non-refundable, even if:

• The case is denied
• Retrogression worsens
• Policies change

4. Retrogression Risk for China and Other Countries

Applicants from oversubscribed countries may wait years for visa availability.

IX. Who Should Consider the Gold Card Program

Suitable Candidates

• High-net-worth individuals with strong EB-1A or NIW profiles
• Applicants from countries without visa backlogs
• Global entrepreneurs seeking rapid I-140 approval
• Corporations seeking to sponsor high-impact executives

Not Recommended For

• Applicants relying solely on financial capacity
• Individuals needing quick work authorization (EAD)
• China-born applicants unwilling to wait for retrogression
• Those seeking investment return (EB-5 is more appropriate)

X. Professional Guidance

Wang Law LLC provides:

• EB-1A / NIW eligibility evaluations
• I-140G strategy development
• Source-of-funds review (including crypto tracing expectations)
• Visa Bulletin and retrogression planning
• Full-scope preparation of petitions and supporting evidence

Wang Law LLC — Your Trusted Advisor for EB-1A, NIW, and High-Net-Worth Immigration Strategy

The introduction of Form I-140G and the Gold Card donation-based program marks a significant shift in the U.S. employment-based immigration landscape. Whether you are evaluating EB-1A, NIW, EB-5, or the new Gold Card pathway, a precise legal strategy is essential to avoid unnecessary financial and immigration risks.

At Wang Law LLC, we provide:

✔ Comprehensive EB-1A and NIW Eligibility Evaluations

Our attorneys offer detailed assessments based on statutory criteria, field achievements, and Dhanasar analysis.

✔ I-140G Gold Card Strategic Planning

We help clients understand donation requirements, crypto source-of-funds compliance, and the evidentiary standards for EB-1A/NIW classification under the new program.

✔ Full Petition Preparation and Evidence Development

We prepare persuasive legal briefs, expert reference letters, organizational charts, impact documentation, and all supporting exhibits.

✔ Source-of-Funds Review for High-Net-Worth Applicants

Including AML/KYC considerations, blockchain tracing expectations, and compliance risk mitigation.

✔ Visa Bulletin Forecasting & Immigrant Visa Processing

Essential for applicants from countries subject to retrogression.

---

Contact Wang Law LLC Today

If you are considering the Gold Card program or any employment-based immigration option, our firm can guide you through each stage with precision, transparency, and strategic insight.

📍 Chicago Office (USA)
WANG LAW LLC
203 N LaSalle Street, Suite 2100
Chicago, IL 60601
Phone: 312-519-1115
Email: david@wanglaw.com

Website: www.wanglaw.com
General inquiries: info@wanglaw.com

Wang Law LLC — Cross-Border Immigration. Excellence. Strategy. Results.

We help clients build their future in the United States and Canada, one case at a time.

By David Wang, Attorney at Law | Wang Law LLC | Immigration & Employment Practice

The PERM labor certification process is one of the most highly regulated components of U.S. employment-based immigration. Before sponsoring a foreign national for an EB-2 or EB-3 green card, the employer must demonstrate to the U.S. Department of Labor (DOL) that no able, willing, qualified, and available U.S. workers are ready to fill the offered position.

This article explains, from an attorney’s standpoint, the essential legal duties that employers must follow during the PERM recruitment process. These requirements are frequently misunderstood, and non-compliance is one of the most common reasons for audits, denials, and supervised recruitment.

1. Mandatory Use of the Applicant Assessment Sheet

Employers must evaluate every resume and job application received in response to the PERM advertisements using a standardized Applicant Assessment Sheet. This form documents:

• Whether the applicant meets the minimum job requirements
• Any missing qualifications
• Lawful reasons for rejection
• Consistency of review across all applicants

DOL expects employers to maintain objective, contemporaneous documentation. A failure to record specific reasons for rejection may lead to a finding that the recruitment was incomplete or biased.

2. Five-Year Recordkeeping Requirement

All recruitment documentation must be retained for five years from the date of filing the ETA-9089. This includes:

• All resumes and cover letters
• The completed assessment sheets
• Proof of advertising
• Internal recruitment notes
• Emails and screening logs

Even if a resume was submitted by mistake, or clearly does not meet the minimum requirements, the employer must still keep it for five years. DOL may request this file during an audit at any time within the retention period.

3. Strict Standards for Rejecting Applicants

Under PERM regulations, an employer may only reject an applicant for lawful, job-related reasons. Those reasons must be tied to the minimum requirements stated in the job order and recruitment advertisements. Examples of compliant rejection reasons:

✔ “Applicant lacks the required Juris Doctor degree.”
✔ “Applicant does not possess the required California Bar License.”
✔ “Applicant does not meet the stated requirement of travel availability.”

Examples of non-compliant reasons:

✘ “Applicant does not seem like a good fit.”
✘ “Employer prefers someone with more experience (not stated in ad).”
✘ “Applicant requires visa sponsorship.” — visa status is not a lawful basis to reject a U.S. worker.

4. Who Is Considered a “U.S. Worker”? Legal Definition Matters

Employers are legally obligated to consider the qualifications of U.S. workers, defined strictly by the Department of Labor, A “U.S. worker” includes only:

1. U.S. citizens
2. Lawful permanent residents (green card holders)
3. Refugees
4. Asylees

These individuals must be properly screened, and their resumes must be evaluated using the assessment sheet.

5. Who Does Not Need to Be Considered

Individuals with temporary or nonimmigrant status are not considered U.S. workers, even if they currently hold valid work authorization. This includes:

• H-1B / H-4
• L-1 / L-2
• O-1
• F-1, including OPT and STEM OPT
• J-1 / J-2
• TN / E-3
• Any form of temporary work permit
• Individuals without legal status

As a result, the employer is not required to consider these applicants during recruitment.

This principle is often misunderstood. The fact that an applicant has been living or working in the United States for many years does not mean they are authorized for permanent employment — which is the standard DOL evaluates.

6. Permissible Interview Questions: What Employers May and May Not Ask

Employers may not ask if an applicant is a U.S. citizen. However, employers may ask:

• “Are you legally authorized to work permanently in the United States?”
• “Will you require visa sponsorship now or in the future?”

These questions are essential for documenting the distinction between U.S. workers and non-U.S. workers.

7. Placement Agencies and Fee-Charging Recruiters

If resumes come from a placement agency that charges a fee to the applicant, the employer may reject those resumes unless the employer itself engaged that agency. This rule is designed to ensure fairness and prevent exploitation during recruitment.

8. Why Compliance Matters: Legal Risks of Non-Adherence

Failure to follow the above requirements may result in:

• PERM denial
• Audit or supervised recruitment
• Substantial delays in the green card process
• Potential findings of discriminatory or restrictive hiring practices

A single misstep—such as failing to document rejection reasons or discarding resumes too early—can invalidate the entire PERM process.

Conclusion

PERM recruitment is not simply a hiring exercise; it is a regulated process governed by complex federal requirements. Employers must carefully document every step, follow uniform evaluation standards, and understand which applicants qualify as “U.S. workers” under the law.

For employers, HR departments, and multinational companies, working closely with an immigration attorney is essential to ensuring full compliance and avoiding costly delays.

About the Author

David Wang, Esq.
Immigration & Employment Attorney
Wang Law LLC — Chicago
www.wanglaw.com
Email: info@wanglaw.com
Phone: (312) 519-1115

By David Wang, Attorney at Law, Wang Law LLC – Chicago & Montreal Offices

Disclaimer

This publication provides general information and legal analysis regarding the EB-5 Immigrant Investor Program from the perspective of a U.S. immigration attorney. It is intended for educational purposes only and does not constitute legal advice, create an attorney-client relationship, or substitute for individualized counsel. Investors should consult qualified legal professionals before making decisions related to immigration or securities investments.

I. Introduction

Since the passage of the EB-5 Reform and Integrity Act of 2022 (RIA), investors have increasingly questioned how the statutory investment amounts are determined, what constitutes a Targeted Employment Area (TEA), and how Direct EB-5 projects differ from Regional Center offerings. A recurring misconception—especially among first-time investors—is the belief that the $800,000 investment level is inherently tied to Regional Center projects. In fact, investment thresholds derive strictly from federal statute and TEA status, not from whether the project is “Direct” or “Regional Center.” This article provides a detailed legal analysis of the EB-5 framework, supported by citations to the Immigration and Nationality Act (INA), the Federal Register, USCIS Policy Manual, and binding administrative precedent such as Matter of Ho.

II. Statutory Framework: Why the Investment Amount Is $800,000 or $1,050,000

Under INA §203(b)(5), as amended by the RIA in 2022, EB-5 investments fall into two tiers:

• $1,050,000 – Standard minimum investment
• $800,000 – For investments located in a Targeted Employment Area (TEA) or qualifying infrastructure projects

RIA Text (Official Source)

“…the minimum investment amount shall be $1,050,000, and the reduced amount shall be $800,000 for investments in a targeted employment area or an infrastructure project…”
— EB-5 Reform and Integrity Act of 2022, §102(b)(5)
https://www.congress.gov/bill/117th-congress/house-bill/2471

Legal Conclusion

✔ The investment amount is determined by TEA status—not by Direct vs. Regional Center classification.
✔ Both Direct and Regional Center projects may qualify for the $800,000 threshold if located in a TEA.

III. TEA Requirements Under Federal Law

TEA determinations are governed by statute and regulatory criteria:

1. Rural TEA

A “Rural Area” must:

• Meet the definition in 7 U.S.C. §1991
• Be outside a metropolitan statistical area (MSA)
• Have a population under 20,000

2. High-Unemployment TEA

Federal regulation requires: “…an unemployment rate of at least 150 percent of the national average…”
— Federal Register, 87 FR 82909 (Dec. 1, 2022)
https://www.federalregister.gov/documents/2022/12/01/2022-25826/

IV. Direct EB-5 Projects: Why No Official List Exists

Contrary to common assumptions, USCIS does not maintain any public list of Direct EB-5 projects, because:

• Direct investments involve private operating businesses, not government-authorized offerings
• Businesses may be investor-owned (self-directed EB-5)
• Securities laws restrict public marketing of private offerings

USCIS confirms that Direct EB-5 investors must create 10 direct, W-2 full-time jobs:

“Direct EB-5 investments must result in the creation of 10 full-time positions for qualifying U.S. workers.”
— USCIS Policy Manual, Vol. 6, Part G, Chapter 2
https://www.uscis.gov/policy-manual/volume-6-part-g

V. Regional Center EB-5: USCIS Lists Centers, Not Projects

Unlike Direct projects, Regional Centers (RCs) are designated by USCIS.
However, USCIS only publishes the list of approved Regional Centers, not their individual investment projects.

Official USCIS Regional Center List

🔗 https://www.uscis.gov/working-in-the-united-states/permanent-workers/employment-based-immigration-fifth-preference-eb-5/eb-5-immigrant-investor-regional-centers/approved-eb-5-immigrant-investor-regional-centers

The list includes:

• Active Regional Centers
• Terminated Regional Centers
• States and geographic scope

Why USCIS cannot publish project lists

EB-5 investment offerings are typically conducted under:

• Securities Act of 1933
• Regulation D (Rule 506)
• Regulation S

These regulations prohibit general public solicitation of private-placement securities.

VI. Precedential Case Law: Matter of Ho and Business Plan Requirements

The foundational legal standard for EB-5 business plans comes from the binding AAO decision:

Matter of Ho (Authoritative Precedent)

Matter of Ho, 22 I&N Dec. 206 (AAO 1998) holds that every EB-5 petition must include:

“a comprehensive description of the business, market analysis, personnel plan, and detailed job creation timeline.”

Official PDF:
🔗 https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3362.pdf

Legal Significance

✔ Applies equally to Direct and Regional Center filings
✔ USCIS continues to rely on Matter of Ho when adjudicating I-526/I-526E petitions
✔ Insufficient business plans remain a leading cause of RFEs and denials

VII. Direct vs. Regional Center EB-5: A Legal Comparison

Legal Issue	Direct EB-5	Regional Center EB-5
Job creation requirement	Must be direct jobs	May include indirect & induced jobs
Economic models	Not required	Required (RIMS II, IMPLAN)
USCIS project listings	None	RC list only
Minimum investment	TEA: $800k / Non-TEA: $1.05M	Same
Governing structure	Investor equity in operating business	LP/LLC structure through RC
Key authority	INA §203(b)(5)(A)	INA §203(b)(5)(B)(iii)
Risk profile	Operational risk	Developer/market risk

VIII. Due Diligence Factors: What EB-5 Investors Must Review

Wang Law LLC conducts due diligence in the following areas:

1. Economic Job Creation Models (RC only)

• RIMS II (Bureau of Economic Analysis)
• IMPLAN (Input-Output modeling)

2. Capital Structure Analysis

• Senior debt v. mezzanine debt
• Developer equity
• Repayment waterfall
• Bankruptcy searches (PACER)
  https://pacer.uscourts.gov/

3. Redeployment Requirements

USCIS mandates sustainment of capital: “The capital must remain at risk until the end of the sustainment period.” — USCIS Policy Manual, Vol. 6, Part G

4. Verification of TEA Designation

Compliance with updated labor and census data is essential.

IX. Conclusion

Based on statutory authority, administrative precedent, and USCIS policy:

1. The $800,000 minimum investment applies only when the project is located within a TEA—not because it is a Regional Center project.
2. Direct EB-5 projects have no official USCIS list; they require individualized legal review.
3. USCIS publishes only the list of approved Regional Centers, not the underlying projects.
4. Matter of Ho applies universally to all EB-5 business plans.
5. Post-RIA compliance obligations are substantially heightened, increasing the need for professional legal counsel and due diligence.

X. Contact Wang Law LLC for EB-5 Representation

Chicago Office (USA)
Wang Law LLC
203 N LaSalle Street, Suite 2100
Chicago, IL 60601
📞 +1 312-519-1115
📧 info@wanglaw.com
🌐 https://www.wanglaw.com

-Legal Options for U.S. Permanent Residents to Obtain a Green Card for Their Newborn (2025 Guide)

By Wang Law LLC — Immigration Attorneys
Chicago & Montreal Offices

I. Introduction

Many lawful permanent residents (LPRs) live, work, or travel abroad during pregnancy. If your child will be born outside the United States, you must understand that a baby born abroad to U.S. permanent residents does NOT automatically become a U.S. citizen or a green card holder.

Unlike children of U.S. citizens, children of LPRs do not acquire automatic status.
To bring your child to the United States, you must complete the family-based immigrant visa process through the F2A category or, in limited cases, use follow-to-join (INA §203(d)). This guide explains:

• Your legal options as LPR parents
• How F2A works for newborns born abroad
• What changes if one parent later becomes a U.S. citizen
• Timeline and government fees
• December 2025 Visa Bulletin impact
• Practical considerations for families expecting a child overseas

II. Children Born Abroad to LPRs Do Not Automatically Acquire Status

Under INA §§301–309, automatic citizenship applies only to children born abroad to U.S. citizens.

If both parents are lawful permanent residents at the time of the child’s birth:

✔ The child does NOT become a U.S. citizen
✔ The child does NOT automatically receive a green card
✔ The child MUST go through the immigrant visa process

The applicable category is:

F2A — Children (Under 21) of Lawful Permanent Residents

III. Step-by-Step Process for Obtaining a Green Card for Your Child Born Abroad

This process applies whether your child is born in China, Canada, Europe, Southeast Asia, Latin America, Africa, or the Middle East.

Step 1 — File Form I-130 (Petition for Alien Relative)

Required Documentation

• Copies of parents’ green cards
• Child’s foreign birth certificate + certified translation
• Marriage certificate (if applicable)
• Evidence of the parent-child relationship
• Parent passports
• Filing fee

2025 USCIS Fee

• I-130 online: $625
• I-130 paper: $675

Processing Time: 6–12 months (no Premium Processing available)

Note: You may request a USCIS expedite, but expedite cannot override visa availability or move the priority date.

Step 2 — National Visa Center (NVC) Processing

After I-130 approval, the case moves to NVC. Requirements include:

• DS-260 immigrant visa application
• I-864 Affidavit of Support
• Parent’s tax returns & W-2s
• Birth certificate
• Passport
• Civil documents

Government Fees

Fee	Amount
AOS Fee	$120
IV Fee	$325
USCIS Immigrant Fee	$235

Estimated Total: $1,280 – $1,705 including medical exam.

Step 3 — Immigrant Visa Interview at U.S. Embassy/Consulate

The interview occurs in the country of birth or residence, such as:

• Guangzhou
• Montreal
• London
• Singapore
• Abu Dhabi
• Mumbai
• Ciudad Juárez
• Sydney
• Etc.

Your child becomes a lawful permanent resident upon entry to the United States.

IV. Timeline for LPR Parents Expecting a Baby Overseas

Typical Timeline (No Expedite)

Stage	Time
USCIS I-130	6–12 months
NVC Processing	2–4 months
Embassy Interview Wait	2–6 months
Entry to U.S. → Green Card	immediate LPR
Total	12–22 months

Expedited I-130 (If Approved)

Stage	Time
I-130 Approval	5–10 days
NVC Expedite	1–4 weeks
Interview	1–2 months
Total (best-case)	2–4 months

⚠ Important: Expedite approval does NOT eliminate Visa Bulletin wait time if your priority date is later than the Final Action Date.

V. December 2025 Visa Bulletin: The Real Bottleneck

F2A Final Action Date — Worldwide (Including China-mainland)

01 February 2024

What This Means

Only children whose priority date (I-130 filing date) is earlier than 01 FEB 2024 may be issued an immigrant visa now.

If you file I-130 in:

• 2025 → PD = 2025
• 2026 → PD = 2026

Those priority dates are later than the current FAD (2024/02/01).

Therefore:

❌ Your child must wait for the Visa Bulletin to advance to their priority date.

❌ Even with I-130 expedite, no visa can be issued until PD becomes current.

This is the single most important fact LPR parents must understand.

VI. What If One Parent Becomes a U.S. Citizen Later?

This is where things change significantly — and sometimes dramatically.

A. If the Parent Naturalizes Before the Child Is Born

Huge difference! A child born abroad to a U.S. citizen parent may qualify for:

1. CRBA — Consular Report of Birth Abroad

(If parent meets physical presence requirement)

If approved → child becomes a U.S. citizen at birth.

No I-130 needed.
No visa needed.
No green card needed.

Requirements

• U.S. citizen parent lived in U.S. for 5 years, including 2 years after age 14
  (For married parents; there are alternative rules for unmarried parents)

B. If the Parent Becomes a U.S. Citizen After the Child Is Born but Before Age 18

This creates two possible benefits:

1. IR-2 Category (Immediate Relative)

• No Visa Bulletin wait
• No quota limits
• Processing is significantly faster
• You file I-130 → immediate eligibility upon approval

Even if PD is far behind the F2A Final Action Date, conversion to IR-2 wipes out the backlog.

2. Automatic Citizenship Under INA §320 (for children in the U.S.)

A child automatically becomes a U.S. citizen if:

• One parent becomes a U.S. citizen
• The child is a permanent resident
• The child is under 18
• The child resides in the U.S. in the legal and physical custody of the citizen parent

If the child is still abroad → INA §320 does not apply, but IR-2 remains available.

C. What If Both Parents Later Naturalize?

Even easier.
Under IR-2:

• No priority date wait
• No visa backlog
• No F2A quota limit
• Immediate consular processing upon I-130 approval

VII. Summary of Options (LPR vs. U.S. Citizen)

Parent Status at Child’s Birth	Child’s Status
Both parents are LPRs	Child is not U.S. citizen; must apply through F2A
One parent is U.S. citizen BEFORE birth	Child may be U.S. citizen at birth (CRBA)
One parent becomes U.S. citizen AFTER birth	Child becomes IR-2 → no waiting line
Child enters U.S. as LPR and lives with U.S. citizen parent	Child may acquire automatic citizenship under INA §320

VIII. Attorney Guidance for Families Expecting a Baby Abroad

If you remain green card holders:

• Expect 1–2 years of Visa Bulletin waiting
• Plan documentation early
• Consider expedite only for emergencies
• Start I-130 immediately after birth

If one parent may naturalize soon:

• Naturalize before birth if possible → CRBA (best outcome)
• Naturalize after birth → IR-2 (no backlog)

IX. Contact Us

Wang Law LLC assists families worldwide with:

• Green card and citizenship planning for overseas births
• I-130 filings (F2A & IR-2)
• Follow-to-join eligibility analysis
• CRBA (Consular Report of Birth Abroad) guidance
• NVC processing and embassy interviews
• I-864 compliance
• Strategic planning for parents seeking naturalization
• Humanitarian or expedite requests

📞 312-519-1115
📧 info@wanglaw.com
🌐 www.wanglaw.com

By Wang Law LLC — Immigration Attorneys

The U.S. Department of Labor (DOL) has released the FY 2025 Q3 PERM labor certification statistics, and the numbers reveal a dramatic shift in the employment-based immigration landscape. For thousands of international students and foreign professionals hoping to secure permanent residency through EB-2 or EB-3, the environment has become significantly more challenging.

PERM—Permanent Labor Certification—is the mandatory first step for most employer-sponsored green card categories. When PERM filings decline, green-card sponsorship opportunities shrink accordingly. The latest data paints a clear picture: U.S. employers are submitting far fewer PERM cases than in previous years, signaling a growing reluctance to sponsor foreign workers.

PERM Filings Drop 37.5% — The Steepest Decline Since 2017

According to DOL: Applications Received — FY 2025

Quarter	Filings
Q1 (Oct–Dec)	34,187
Q2 (Jan–Mar)	21,167
Q3 (Apr–Jun)	28,379
Total FY25-to-Date	83,733
YOY Change vs FY 2024	–37.5%

This marks the largest third-quarter decline since FY 2017. Employers are filing dramatically fewer cases, directly limiting green card opportunities for foreign workers.

Applications Processed — FY 2025

Action	FY 2025 Total	Q1	Q2	Q3
Certified	95,185	22,758	32,289	40,138
Denied	2,213	958	530	725
Withdrawn	4,865	1,689	1,507	1,669

Certification numbers remain high because DOL is working through older cases, but new filings are sharply declining, signaling reduced employer demand.

🌎 Top 10 States for PERM Employment — FY 2025

PERM work locations reflect economic shifts across the country.

State	Certified Cases	Share
California	17,635	18.5%
Texas	9,426	9.9%
Georgia	6,664	7.0%
New York	6,582	6.9%
New Jersey	4,507	4.7%
Illinois	4,129	4.3%
Florida	4,010	4.2%
Washington	3,440	3.6%
Massachusetts	3,051	3.2%
Roving Worksites	4,714	5.0%

California alone accounts for nearly one in five PERM jobs, much of it tied to tech and scientific fields.

🏢 Top 10 Industries Sponsoring PERM — FY 2025

Industry	Certified Cases	Share
Professional, Scientific & Technical Services	26,386	27.6%
Manufacturing	17,521	18.4%
Finance & Insurance	7,456	7.8%
Information	7,404	7.8%
Accommodation & Food Services	6,666	7.0%
Admin, Support & Waste Management	5,851	6.1%
Health Care & Social Assistance	5,723	6.0%
Retail Trade	3,439	3.6%
Education Services	2,696	2.8%
Transportation & Warehousing	2,319	2.4%

Tech and scientific services dominate, but manufacturing remains strong due to robotics, EV supply chain growth, and engineering roles.

👨‍💻 Top 10 Occupations Receiving PERM Certifications — FY 2025

Occupation	Certified	Share
Software Developers	22,419	23.6%
Computer Systems Analysts	4,531	4.8%
Meat, Poultry & Fish Cutters/Trimmers	3,905	4.1%
Data Scientists	3,073	3.2%
Fast Food & Counter Workers	2,912	3.1%
Landscaping & Groundskeeping Workers	2,400	2.5%
Medical & Clinical Laboratory Technologists	1,882	2.0%
Project Management Specialists	1,830	1.9%
Software QA Analysts & Testers	1,679	1.8%
Industrial Engineers	1,561	1.6%

The PERM labor market is polarizing: high-skilled tech roles dominate, while lower-skilled EB-3 “Other Worker” positions are also rising.

Why Are Employers Pulling Back From PERM?

Wang Law LLC has identified several key factors:

1. Long Processing Times-PERM adjudication + prevailing wage can easily take 18–36 months.

2. Higher Legal and Compliance Burdens-Recruitment documentation, good-faith hiring proof, and audit rates have all increased.

3. Corporate Uncertainty-Tech layoffs, hiring freezes, and shifting labor demands make long-term sponsorship risky.

4. Government Scrutiny Is Rising-DOL and USCIS both tightened review standards on employment-based immigration.

The result is Employer enthusiasm for green card sponsorship has fallen dramatically.

Impact on International Students and Foreign Professionals

For F-1, STEM OPT, and H-1B holders, this trend has major consequences:

✔ Fewer employers willing to start PERM

Tech companies and financial firms are especially conservative.

✔ Increased risk of “falling out of status”

When PERM is delayed or denied, workers often run out of H-1B time.

✔ Less job mobility and higher dependence on a single employer

An unstable environment places heavy pressure on foreign workers.

What Are the Alternatives? (NIW / EB-1A / EB-5)

To reduce dependency on employers, more individuals are turning to:

⭐ EB-1A — Extraordinary Ability

• No employer required
• No PERM
• Rapid adjudication

⭐ EB-2 NIW — National Interest Waiver

• Self-petition
• Ideal for researchers, engineers, data scientists, healthcare workers

⭐ EB-5 (Investment Green Card) — Now allows Concurrent Filing

• File I-526E + I-485 together
• Receive EAD (work permit) + Advance Parole
• No H-1B / OPT dependence
• No employer sponsorship required

For many families, EB-5 has become the most stable long-term solution for securing permanent residency without employment risk.

Conclusion: The U.S. Immigration Landscape Is Shifting — Act Early

The FY 2025 PERM data shows a clear, undeniable trend: Employer-sponsored green cards are becoming harder to obtain. International students, H-1B professionals, and U.S.-based families must plan proactively to avoid falling into an immigration “dead zone.”

Wang Law LLC assists clients nationwide with:

• EB-1A / EB-2 NIW
• PERM / I-140
• EB-5 Concurrent Filing
• Marriage-based and family immigration
• Student status preservation and change of status

If you or your family need a customized strategy, contact us for a consultation.

Wang Law LLC — Immigration Attorneys
📍 Chicago & Montréal
📞 312-519-1115
📧 info@wanglaw.com
🌐 www.wanglaw.com