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...
The USCIS’s recent policy changes, which give officers greater discretion to deny petitions and applications without first issuing an RFE or NOID, are examined in a new ILW.com article by Murthy Law Firm Member Adam J. Rosen. Drawing on Matter of Rehman and the USCIS...
The Department of Homeland Security (DHS) is scheduled to publish a proposed rule in the Federal Register on August 25, 2026, proposing a new $103,265 fee for all H-1B cap-subject petitions, including petitions eligible for the advanced degree exemption. The fee would be in addition...
The U.S. Department of State (DOS) has released the September 2026 Visa Bulletin. Cutoff dates across the employment-based and family-based categories generally hold steady from August 2026, with no forward movement or retrogression this month, but the DOS continues to caution that retrogression, or categories...
On August 18, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued extensive new policy guidance explaining how the agency will apply the public charge ground of inadmissibility. The guidance implements the Department of Homeland Security (DHS) final rule published on July 20, 2026, which...
The Board of Immigration Appeals (BIA) issued a precedential decision on August 13, 2026, holding that a departure from the United States under advance parole is a “departure” for purposes of the three- and ten-year unlawful-presence bars. In Matter of Delcarmen-Lara, 29 I&N Dec. 830...
In some cases, USCIS approves an employment-based Form I-485, Application to Register Permanent Residence or Adjust Status, but later determines that an immigrant visa number was not available when the application was approved. USCIS may then issue a Notice of Intent to Rescind (NOIR), even...
On August 6, 2026, President Trump issued two executive orders addressing birth tourism and the recognition of U.S. citizenship for certain children born in the United States. The orders direct federal agencies to restrict immigration benefits connected to birth tourism and to deny federal recognition...
On August 5, 2026, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert revising its guidance regarding the evidence required with initial benefit requests and the circumstances under which officers may issue, or decline to issue, Requests for Evidence (RFEs), and Notices of...
On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the Trump Administration’s request to stay a federal district court judgment that vacated agency actions implementing the $100,000 H1B payment requirement. As a result, the district court’s order blocking the $100,000...
