Visa Lawyer Blog

Articles Posted in Adjustment of Status

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the September 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 September, 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 September 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

  • No changes except for EB-4 which will advance 2 months to December 15, 2022
  • EB-2 India and EB-5 India remain unavailable
  • The State Department warns that the EB-2, EB-1 India, and EB-5 unreserved categories may become unavailable before the end of September, with availability resuming when the new fiscal year starts in October.

Dates for Filing Advancements

  • No changes from August Visa Bulletin

Family-Sponsored Categories

Final Action Advancements

F-1 Unmarried Sons and Daughters of U.S. Citizens

  • Mexico will advance 1 month to January 1, 2008
  • Worldwide, China, and India will advance 13 months to January 22, 2020

F-2A Spouses and Children of Permanent Residents

  • Mexico will advance 1 month to August 22, 2025
  • All other countries will advance 1 month to August 22, 2026

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • Worldwide, China, India will advance 1 year and 7 months to August 22, 2019

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kreatikar-globe-3411506_1280-1On August 21, 2026, a federal judge struck down the Trump administration policy that blocked immigrant visa issuance for nationals of 75 countries, allowing the green card process to resume for thousands of family- and employment-based green card applicants.

The policy, which took effect in January 2026, directed U.S. consulates to pause immigrant visa issuance for nationals of 75 countries identified by the State Department as presenting a higher risk of relying on public benefits.

These countries included:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Although applicants could continue submitting documents and attending interviews, many could not actually receive their immigrant visas solely because of their nationality.

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igor-lolatto-TdwYsTmA2Bc-unsplash-scaledThe public charge rule is changing again, and this time USCIS will be allowed to look at a much wider range of government benefits.

But before you panic about Medicaid, SNAP, housing assistance, or other benefits, ask one question first:

Does the public charge rule even apply to you?

In this blog post, we break this down so you don’t have to.

When does the public charge rule take effect?

The new USCIS guidance takes effect September 18, 2026, and applies to Forms I-485 postmarked or electronically submitted on or after that date.

Here is the easiest way to figure out where you stand.

Step 1: Are You Even Subject to the Public Charge Rule?

Public charge does not apply to every immigrant.

As a general rule, most people applying to become permanent residents are subject to public charge rules, unless Congress has specifically exempted your immigration category.

You Are Generally Subject to Public Charge If You Are Applying for a Green Card Through:

Immigration Category Public Charge?
Spouse of a U.S. citizen YES
Parent of a U.S. citizen YES
Child of a U.S. citizen YES
Family-preference categories F1, F2A, F2B, F3 or F4 YES
K-1 fiancé(e) adjusting status YES
Employment-based EB-1 YES
Employment-based EB-2, including many NIW applicants YES
Employment-based EB-3 YES
EB-4 applicants unless separately exempt Generally YES
EB-5 investors YES
Diversity Visa adjustment YES

In other words, being sponsored by your U.S. citizen spouse does not exempt you. Neither does having an approved employment petition or qualifying for an EB-2 National Interest Waiver.

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ironhorse71-tourist-8183867_1280Recent developments in U.S. immigration law and immigration enforcement have changed the risks associated with both international and domestic travel for certain noncitizens.

This does not mean that all travel is unsafe or that every person with a pending immigration case should avoid traveling.

However, beginning August 13, 2026, your immigration history, current status, prior periods of unlawful presence, and pending applications may significantly affect whether travel is advisable.

For this reason, individuals with unresolved immigration-status issues should carefully review their circumstances before making any travel plans on or after August 13th.

Major Change to International Travel With Advance Parole

One of the most significant recent developments involves Advance Parole.

Advance Parole is a travel document that may allow certain noncitizens—including some applicants with a pending Form I-485 Application to Adjust Status—to temporarily leave the United States and regain admission using advance parole after temporary foreign travel.

For years, many applicants relied on the rule established in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), which generally held that temporary international travel under Advance Parole was not considered a “departure” for purposes of the unlawful-presence bar addressed in that case.

That rule has now changed.

On August 13, 2026, the Board of Immigration Appeals (BIA) issued its precedential decision in Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026). The BIA expressly overruled Arrabally and Yerrabelly and held that leaving the United States pursuant to Advance Parole can constitute a “departure” under INA § 212(a)(9)(B).

This is an important change because departure from the United States can trigger serious immigration consequences for individuals who previously accumulated unlawful presence.

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elisariva-hammer-3183166-scaledYesterday, a federal judge ruled that the Trump administration’s policy pausing immigrant visa approvals for nationals of 75 countries violates federal immigration law.

The State Department introduced the policy in January 2026, directing consular officers to refuse covered immigrant visa applications while the government developed additional screening procedures concerning whether applicants might become dependent on public benefits.

The freeze affected primarily family-based applicants, along with some employment- and investment-based applicants.

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the August 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 August, 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 August 2026 Visa Bulletin

At a Glance

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

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 1 month to July 1, 2023
  • Except for India, all other countries will remain current

EB-1 India Visa Bulletin Note: High demand and number use by those chargeable to India in the EB-1 visa category may require making the category unavailable in the coming weeks

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

  • EB-2 India remains unavailable
  • Except for China, all other countries will remain current

EB-2 Visa Bulletin Note: Sufficient demand and increased number use in the EB-2 visa category may make it necessary to retrogress the final action date or make the category unavailable in the coming months

EB-3 Professionals and Skilled Workers

  • EB-3 China will advance 10 days to January 1, 2022
  • Worldwide and Mexico will advance 1 month to September 1, 2024

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tilixia-summer-money-8023328-scaledThe Department of Homeland Security (DHS) has announced that it is rescinding the public charge regulation that has been in place since December 2022.

The change will take effect on September 18, 2026. Until then, the current 2022 rule remains in effect.

What Is the Public Charge Rule?

The public charge rule allows immigration officers to consider whether certain applicants are likely to become financially dependent on the government in the future.

The rule generally applies to:

  • Certain people applying for a green card from inside the United States;
  • Certain people applying for an immigrant visa at a U.S. embassy or consulate; and
  • Some nonimmigrants in limited circumstances.

A public charge finding may result in the denial of an immigration application.

What Is Changing?

DHS is removing the detailed public charge standards established by the 2022 rule.

The government is not replacing the 2022 rule with another detailed regulation. Instead, USCIS will rely on:

  • The Immigration and Nationality Act;
  • New USCIS policy guidance;
  • The applicant’s individual circumstances; and
  • The immigration officer’s discretion.

This means USCIS officers may have more flexibility when deciding whether an applicant is likely to become a public charge.

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ai-generated-8051223_1280The Department of Homeland Security has proposed sweeping new regulations that could significantly reshape the EB-5 Immigrant Investor Program.

Published on July 2, 2026, the proposed rule seeks to formally implement many of the changes Congress enacted through the EB-5 Reform and Integrity Act of 2022 while introducing stricter compliance, enforcement, fraud-prevention, and national-security requirements.

Importantly, this is only a proposed rule. It is not yet final, and the proposed changes have not automatically taken effect. DHS is accepting public comments through August 31, 2026, before deciding whether to issue a final regulation.

What Is the EB-5 Investor Visa Program?

The EB-5 program offers qualifying foreign investors a pathway to lawful permanent residence by investing capital in a U.S. business that creates at least 10 full-time jobs for qualifying U.S. workers.

The current minimum investment is generally:

  • $1,050,000 for a standard EB-5 investment; or
  • $800,000 for an investment in a targeted employment area or qualifying infrastructure project.

Targeted employment areas include certain rural locations and areas experiencing high unemployment. Investors may invest directly in their own commercial enterprise or through a USCIS-designated regional center.

New Investment Amount for High-Employment Areas

One of the most significant provisions would establish a separate investment amount for projects located in areas with particularly low unemployment.

DHS proposes requiring an investment of $1.4 million for projects principally doing business in a defined “high-employment area.” Under the proposal, this would generally include certain metropolitan areas where unemployment is significantly below the national average.

The standard, targeted-area, infrastructure, and high-employment investment amounts would be adjusted for inflation beginning January 1, 2027, and every five years afterward.

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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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