Visa Lawyer Blog

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Key Takeaways

  • The Supreme Court terminated Haiti and Syria’s TPS status on June 25th
  • Approximately, 350,000 individuals will lose their work authorization and be subject to removal
  • Affected individuals must seek alternative legal status immediately to avoid removal proceedings once the transition period ends.

On July 1, 2026, DHS and USCIS set a temporary expiration date of July 10, 2026 for work permits held by Temporary Protected Status beneficiaries from seven countries (Haiti, Syria, Burma, Yemen, Ethiopia, South Sudan, and Somalia), after a Supreme Court ruling cleared the way for the government to end those protections.

On June 25th the Supreme Court ruled that the Department of Homeland Security (DHS) can move forward with ending TPS for certain countries specifically Haiti and Syria even while other smaller legal battles about those terminations continue in lower courts.

Although the deadline for some countries could still be extended while lower court cases continue, DHS has described any continued relief as temporary.

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ralphs_fotos-banner-3585161-scaledOn June 30, 2026, the U.S. Supreme Court rejected President Trump’s attempt to restrict birthright citizenship, ruling that children born in the United States to parents who are unlawfully or temporarily present in the country are citizens at birth under the Fourteenth Amendment.

The 6-3 decision, authored by Chief Justice John Roberts, marks a major ruling on the meaning of American citizenship and the limits of executive power in immigration policy.

The case, Trump v. Barbara, centered on Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship.”

The order sought to deny automatic U.S. citizenship to certain children born in the United States if neither parent was a U.S. citizen or lawful permanent resident. Specifically, it targeted children born to mothers who were either unlawfully present or lawfully present on a temporary basis, such as on a student, work, or tourist visa, when the father was not a U.S. citizen or green card holder.

The Supreme Court held that the executive order violated the Citizenship Clause of the Fourteenth Amendment. That clause provides that all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States and of the state where they reside. The Court concluded that children born in the United States to parents who are unlawfully or temporarily present are still “subject to the jurisdiction” of the United States and therefore are citizens at birth.

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jorono-flag-2693195-scaledOn June 25, 2026, the Supreme Court allowed the Trump administration to end Temporary Protected Status for more than 350,000 people from Haiti and Syria who have been legally living and working in the United States.

Although the ruling directly affects only TPS holders from Haiti and Syria, its impact could reach much further.

The decision may have consequences for the broader TPS program, which currently protects about 1.3 million people from more than a dozen countries.

What is TPS

Temporary Protected Status (TPS) is a temporary immigration protection that allows people from certain countries to live and work legally in the United States, when it is unsafe for them to return home because of conditions like war, natural disasters, or major political instability.

The federal government determines which countries qualify for TPS and decides whether conditions in those countries justify renewing their designation.

The Ruling

The case, Mullin v. Doe, written by Justice Alito, held that courts do not have authority to review an administration’s decision to terminate TPS for a particular country. The court also rejected a constitutional claim brought by Haitian TPS holders, who argued that Haiti’s designation was ended because of racial bias. The court found that the evidence was not enough to show that racism played a motivating role in the decision.

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markthomas-us-supreme-court-building-2225765-scaledFamilies across the United States are anxiously waiting for the Supreme Court to decide the future of President Trump’s birthright citizenship executive order.

The order seeks to deny automatic U.S. citizenship to certain children born in the United States if their parents do not have permanent legal status.

For many immigrant families, the case is not just about politics or legal theory. It is about whether their children will be recognized as Americans from the moment they are born.

The Supreme Court is expected to issue its ruling by the end of June or early July, as the Court finishes its current term.

Until then, the executive order remains blocked by court orders, meaning children affected by the policy are still protected for now. But the uncertainty has left many families fearful about what could happen next.

At the heart of the case is the Fourteenth Amendment, which has long been understood to guarantee citizenship to most children born on U.S. soil. Trump’s order challenges that understanding by targeting children born to undocumented parents or parents in the U.S. on temporary visas, such as student, work, or tourist visas.

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The U.S. Department of State is preparing to test a new optional premium service for B-1/B-2 visitor visa applicants. Under the pilot program, eligible business and tourism visa applicants may pay a $750 premium fee to expedite interview scheduling for B-1/B-2 visas. This fee is separate from the regular visa application fee.

Key Timeline and Details

  • Effective Dates: The pilot program is expected to run from July 1, 2026, through December 31, 2026, unless the government changes or extends it.
  • Who It Applies To: The fee applies only to B-1/B-2 business and tourism visa applicants. It does not apply to other visa categories such as H-1B, L-1, F-1, H-4, or immigrant visas.
  • Cost: The expedited appointment fee is $750 per person, in addition to the normal B-1/B-2 visa application fee, which is currently $185.
  • Expected Benefit: Eligible applicants may be able to schedule an interview within 10 business days, depending on availability at the selected post.

How It Works

Applicants must first complete the regular visa application process, including submitting the DS-160, paying the standard visa application fee, and scheduling a regular visa interview.

If the selected U.S. consulate participates in the pilot program and has expedited slots available, the applicant may then be given the option to upgrade to a faster appointment by paying the $750 fee.

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gdj-july-4-8043756_1280We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the July 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

Adjustment of Status Chart

For adjustment of status filings to permanent residence in the month of July, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

   Highlights of the July 2026 Visa Bulletin

At a Glance

What can we expect to see in the month of July?

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 China will advance 2 months to July 1, 2023
  • EB-1 India will retrogress 2 months to October 15, 2022

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will be unavailable

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance 2.4 weeks to January 1, 2014
  • EB-3 China will advance 4.7 months to December 22, 2021
  • (Worldwide and Mexico) will advance 2 months to August 1, 2024

EB-3 Other Workers

  • EB-3 India will advance 2.4 weeks to January 1, 2014
  • EB-3 Philippines will advance 1 month to December 1, 2021
  • (Worldwide, Mexico) will advance 1 month to March 1, 2022

EB-4 Special Immigrants and Religious Workers

  • All countries will advance 2 months to September 15, 2022

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katie-moum-7XGtYefMXiQ-unsplash-scaledGood news for green card applicants impacted by the 39-country ban.

U.S. Citizenship and Immigration Services (USCIS) has confirmed that it has resumed processing immigration applications for nationals from 39 countries after a federal court ordered the agency to halt policies that had frozen adjudications for months.

However, the government has already filed an appeal, meaning the future of these cases remains uncertain.

The case, Dorcas v. USCIS, challenged several USCIS policies that had suspended the processing of green card applications, work permits, naturalization applications, and certain asylum cases for individuals from designated countries. A federal judge ruled that these policies were unlawful and ordered USCIS to resume normal processing.

Importantly, the court’s decision requires USCIS to process applications, not automatically approve them. Applicants must still meet all eligibility requirements under existing immigration laws. Additionally, separate travel restrictions and other immigration policies remain in effect.

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succo-hammer-1675156_1280In another rapid development surrounding the controversial $100,000 H-1B consular processing fee, a federal court has temporarily allowed U.S. Citizenship and Immigration Services (USCIS) to continue collecting the fee while the government’s appeal moves forward.

Employers and foreign workers should prepare for continued uncertainty as the litigation unfolds.

What Happened?

On June 8, 2026, a federal district court in Massachusetts struck down USCIS’s implementation of the $100,000 H-1B fee, finding significant legal issues with the policy. However, just four days later, on June 12, 2026, the same court temporarily paused its ruling after the government filed an appeal with the U.S. Court of Appeals for the First Circuit.

As a result, USCIS currently retains the authority to continue collecting the $100,000 fee for qualifying H-1B petitions involving consular notification while the appellate court reviews the case.

The government must formally request a stay from the First Circuit by June 18, 2026, for the temporary reinstatement to remain in effect.

The appeal is pending in State of California, et al. v. Mullin, et al., No. 26-1699 (1st Cir. June 12, 2026).

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artsybeekids-capitol-5660507-scaledThe U.S. Senate has approved legislation providing approximately $70 billion in additional funding for immigration enforcement, including Immigration and Customs Enforcement (ICE) and U.S. Border Patrol. The measure passed by a 52-47 vote and now moves to the House of Representatives.

The bill significantly expands the administration’s immigration enforcement capabilities and provides substantial resources for detention, deportation, and border security operations through the remainder of President Trump’s term.

A major point of controversy was the bill’s inclusion of a $1.8 billion settlement fund connected to President Trump’s lawsuit over the disclosure of his tax records. Efforts to eliminate or restrict the fund failed, and the Senate ultimately passed the legislation without placing limits on how the money may be distributed.

The legislation marks one of the largest investments in federal immigration enforcement in recent years and reflects the administration’s continued focus on expanding immigration enforcement nationwide.

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roszie-termination-7386579-scaledThe Department of Homeland Security has published a new proposed rule making it more difficult for certain noncitizens to obtain and maintain work authorization in the United States.

The proposal would affect humanitarian parolees, certain recipients of deferred action, individuals with final removal orders, and other noncitizens who currently qualify for Employment Authorization Documents (EADs).

The proposal would also make it more difficult for applicants with criminal histories, arrests, or admissions of criminal conduct to obtain work authorization, unless there are significant public-interest factors that justify a favorable exercise of discretion, such as cooperation with law enforcement.

If implemented, the changes would represent a significant shift away from broad access to employment authorization and toward a more restrictive, discretionary system. Many immigrants who rely on work permits to support themselves and their families could face increased uncertainty.

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