On September 23, 2026, the U.S. Department of State announced a new visa restriction policy under section 212(a)(3)(C) of the Immigration and Nationality Act targeting individuals who knowingly engage in, have engaged in, or facilitate birth tourism to the United States. According to the announcement,...
The U.S. Court of Appeals for the Eleventh Circuit recently issued an important decision addressing ineffective-assistance-of-counsel claims in immigration proceedings. In Pasqual-Andres v. U.S. Attorney General decided on August 4, 2026, the court held that a complaint filed with the Executive Office for Immigration Review (EOIR)...
Answer Not necessarily. When checking a case on CEAC, the status may show only “Issued” or “Refused,” without distinguishing between a refusal that requires additional processing and a refusal that is based on another ground of ineligibility. Thus, a “Refused” status may reflect a refusal under...
A new Executive Order directs DOL, DHS, and DOS to consider an H1B employer’s recent or planned layoffs of similarly situated U.S. workers when reviewing LCAs, H1B petitions, visas, and admission.It also calls for expanded interagency coordination and a review of previously filed LCAs.Importantly, this...
A derivative child in an employment-based immigration case does not necessarily lose eligibility for a green card upon reaching the biological age of 21. The Child Status Protection Act (CSPA) provides a special age calculation that may preserve the person’s classification as a “child,” provided...
Answer Any arrest, charge, or conviction can complicate a nonimmigrant visa application, although a criminal record does not automatically make every applicant inadmissible. The result depends on the offense, criminal statute, disposition, sentence, and other facts. If a criminal ground of inadmissibility applies, the applicant may...
New York and a coalition of states and local governments filed two federal lawsuits on September 14, 2026, seeking to block the Trump administration’s new public charge rule. The cases, filed in the U.S. District Court for the Southern District of New York, challenge the...
A federal district court in Massachusetts has postponed the effective date of the Department of Homeland Security (DHS) final rule that would eliminate the duration-of-status (D/S) framework for F-1 students, J-1 exchange visitors, and certain I nonimmigrants. The rule, titled “Establishing a Fixed Time Period...
The U.S. Department of Homeland Security (DHS) is scheduled to publish a notice of proposed rulemaking on September 11, 2026, that would eliminate the discretionary grace period of up to 60 days currently available to certain nonimmigrant workers following the end of employment. The proposed...
For many U.S. employers, sponsoring a foreign national for H1B classification begins with the annual H1B cap registration process. Because the demand for H1B visas consistently exceeds the number available each fiscal year, many employers must rely on the H1B lottery before they may file...
