Visa Lawyer Blog

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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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the-now-time-KXUKLB-_Sb0-unsplash-1-scaledOn Friday, June 5, a federal judge struck down several Trump administration immigration policies that targeted asylum seekers and halted the processing of immigration benefit applications for individuals from 39 countries, finding that the administration had exceeded its legal authority.

Last year, the administration paused asylum case processing and suspended immigration benefit applications for affected individuals subject to the travel ban for an undetermined period of time, leaving millions of immigrants across the United States facing uncertainty about their legal status.

In a lengthy 135-page court opinion, Chief U.S. District Judge John McConnell found that the U.S. Citizenship and Immigration Services (USCIS) acted unlawfully by implementing broad restrictions without authorization from Congress or established regulations. The court concluded that the policy unfairly targeted applicants based on their country of origin and violated federal immigration and administrative law.

The opinion comes after several plaintiff organizations including Dorcas International Institute of Rhode Island and Refugee Dream Center filed a lawsuit in federal court arguing that thousands of individuals were prevented from obtaining lawful immigration benefits despite meeting eligibility requirements. The ruling reinforces the principle that immigration agencies must follow existing law and cannot create sweeping restrictions without proper legal authority.

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jorono-banner-2693259-scaledThe U.S. Department of Homeland Security (DHS) has automatically extended Temporary Protected Status (TPS) for eligible Lebanese nationals through November 27, 2026, giving thousands of immigrants continued protection from deportation and authorization to work in the United States.

The six-month extension was triggered because DHS did not complete its required review of Lebanon’s TPS designation before the statutory deadline. The agency cited the need for additional time to evaluate conditions in Lebanon and determine whether the designation should continue.

Approximately 11,000 Lebanese nationals currently benefit from TPS. The extension also automatically renews certain employment authorization documents, helping affected individuals maintain their jobs without interruption.

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vilkasss-ai-generated-9817359-scaledThe U.S. Department of Justice has officially closed the San Francisco Immigration Court months earlier than expected, transferring its operations to the Concord Immigration Court.

The sudden closure has caused uncertainty for thousands of immigrants whose cases were pending in San Francisco.

Immigration courts handle deportation proceedings, asylum claims, and other immigration-related hearings.

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markus-spiske-RX-BevgxSXs-unsplash-scaledIn a policy memorandum released today, just ahead of the Memorial Day holiday, the Trump administration announced that temporary visa holders seeking green cards should leave the United States and complete their immigration process through consular processing in their home countries.

But is adjustment of status completely off the table? No. While the government has made clear that individuals intending to immigrate to the United States are generally expected to pursue immigrant visas abroad, adjustment of status remains a discretionary pathway to a green card.

When deciding whether to exercise discretion to grant adjustment of status in the United States, USCIS officers will apply a “totality of the circumstances” analysis, weighing both favorable and unfavorable factors before reaching a decision.

Overview

For decades, Adjustment of Status has been one of the most reliable pathways to apply for a green card for immigrants already living in the U.S., who entered the country lawfully. This process has involved filing the I-485, remaining in the country while the green card case is pending, waiting for an interview, and receiving a final approval.

The ability to apply for adjustment of status has not been taken away with today’s announcement, however, the sense of security that applicants once had has been blurred.

The Policy Memorandum

In its policy memorandum, the government stressed that individuals admitted to the United States on temporary visas (tourist, student, work visas, etc.) are generally expected to leave the country rather than pursue Adjustment of Status from inside the U.S.

Instead, those wishing to remain in the U.S. permanently are expected to apply for an immigrant visa from abroad. But today’s announcement does not prevent those who qualify from seeking adjustment of status, although applicants should exercise greater caution and understand that certain factors may negatively affect their chances of approval.

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vilkasss-ai-generated-8894582-scaledU.S. Citizenship and Immigration Services (USCIS) is reportedly increasing scrutiny of EB-5 immigrant investor applications filed by individuals with ties to certain Chinese technology companies and institutions.

Recent cases suggest that adjudicators are looking beyond traditional EB-5 requirements—such as lawful source of funds and job creation—and are instead placing greater emphasis on national security concerns, including potential connections to Chinese companies involved in telecommunications, artificial intelligence, cybersecurity, and data infrastructure.

Applicants who have worked for or are affiliated with major firms and universities associated with China’s tech ecosystem may face additional background checks and requests for detailed disclosures about their employment history, organizational roles, and any perceived government or military links.

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elin-melaas-rAfpEO53684-unsplash-scaledWe are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the June 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 June, 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 June 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

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

  • EB-1 India will retrogress 3.5 months to December 15, 2022
  • Except China, all other countries remain current

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

  • EB-2 India will retrogress 10.4 months to September 1, 2013
  • Except China, all other countries remain current

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