As 2025 came to a close, immigration uncertainty did not slow down, it intensified.

In a year-end YouTube live session, immigration attorney Sharif Silmi addressed what many highly skilled professionals are quietly experiencing:

More scrutiny.
More unpredictability.
And more pressure,  even for individuals who have followed every rule.

The key takeaway from that discussion was clear:

You can no longer rely on rumors, forums, or surface-level interpretations of the Visa Bulletin.
You need a strategy grounded in how USCIS actually makes decisions.

Below are the five most important insights from that session,  and why they matter heading into 2026.

1. The Visa Bulletin Is Not the Full Story

Many professionals track the monthly Visa Bulletin and assume it alone determines when they can file Adjustment of Status.

That assumption is incomplete.

While the State Department publishes the Visa Bulletin, USCIS decides which chart controls filing eligibility, either:

• Dates for Filing, or

• Final Action Dates

And USCIS can change this determination month to month, depending on internal workload and policy considerations.

Why this matters:

• Two applicants with identical priority dates can face very different outcomes

• Filing windows can open, or close, with little notice

• Strategic timing requires understanding both charts, not just one

A misread bulletin can delay your case by months or even years.

2. EB-1 “Porting” Opportunities Can Appear Suddenly

For professionals stuck in EB-2 or EB-3 backlogs, there may be moments where an EB-1 strategy creates forward movement, but only if you understand how the charts interact.

In certain scenarios:

• Prior EB-2 or EB-3 time can be leveraged

• EB-1 categories may advance faster

• Filing windows may briefly open

These opportunities are often short-lived and missed by applicants who are not actively monitoring USCIS interpretations.

Key point:

EB-1 strategy is not about eligibility alone, it’s about timing and alignment with bulletin movement.

3. Self-Petition Categories May Face Tighter Evidence Standards in 2026

Categories like EB-1A (Extraordinary Ability) and National Interest Waiver (NIW) are not disappearing.

But what may change is:

• The type and quality of evidence USCIS expects

• How officers evaluate examples within existing frameworks

The legal standards remain the same.
The interpretation of “persuasive evidence” may tighten.

Practical implication:

• Waiting to “see what happens” can weaken your position

• Early preparation allows time to build verifiable, objective documentation

• Strong cases are built over time, not rushed after policy shifts

If you are even considering EB-1A or NIW, preparation in advance is increasingly important.

4. Team-Based Work Is Still Valid Despite Online Myths

A growing myth claims:

“If you didn’t work alone, you can’t qualify for EB-1A or NIW.”

This is incorrect.

U.S. immigration law explicitly allows for:

• Team-based contributions

• Critical or leading roles within organizations

• Collaborative work that produces nationally or internationally significant impact

USCIS cannot invent new standards beyond the regulations.

The issue is not whether you worked on a team, it’s whether your role was essential, distinguished, and well-documented.

5. AI Does Not Replace Evidence and Can Weaken Cases

AI tools can help with drafting.

They cannot:

• Create achievements

• Replace documentation

• Substitute for verifiable proof

Letters without supporting evidence are not persuasive, they are noise.

Strong petitions are built on:

• Objective documentation

• Independent validation

• Clear linkage between work and impact

AI can assist the process, but it cannot build the foundation of a case.

The Human Reality Behind the Strategy

Beyond policy and charts, 2025 carried real consequences for many professionals:

• H-1B travel disruptions

• Delayed visa stamping appointments

• Families separated

• Careers paused

These pressures are exactly why more individuals are now exploring:

• EB-1A

• NIW

• O-1A-first strategies

Not out of panic but out of the need for control and predictability.

Why Strategy Matters More Than Ever in 2026

If you’re entering 2026 feeling uncertain, here is the most honest advice:

Do not wait until the system forces you to react.
Build a strategy now while you still have options.

Immigration outcomes increasingly favor those who plan early, document thoroughly, and understand how USCIS actually operates.

Watch the Full Year-End Immigration Strategy Session

Sharif Silmi breaks down these issues in detail during his year-end YouTube live session, including real-world examples and chart analysis.

 Watch the full session here

Ready to Map Out Your Best Immigration Pathway?

If you would like Silmi Law to review your situation and design a strategy aligned with your goals:

Book a Consultation

And if you know someone:

• Stuck in EB-2 or EB-3 backlog

• Dealing with stamping delays

• Confused by the Visa Bulletin

Share this article with them. It could save them months or years.