Visa Lawyer Blog

Articles Posted in Embassies

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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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gdj-ai-generated-9069946_1280President Donald Trump signed two executive orders on August 6, 2026, renewing his administration’s effort to restrict certain forms of birthright citizenship following a major Supreme Court defeat earlier this summer.

The new executive orders, “Ending Birth Tourism” and “Continuing to Protect the Meaning and Value of American Citizenship,” take a narrower approach than the administration’s original 2025 birthright-citizenship order.

The action comes after the Supreme Court’s June 30 decision in Trump v. Barbara. The Court held that children born in the United States to parents who are unlawfully present or only temporarily present in the country are “subject to the jurisdiction” of the United States and therefore are U.S. citizens at birth under the Fourteenth Amendment.

Executive Order Targets “Birth Tourism”

The first new order, “Ending Birth Tourism,” focuses primarily on immigration enforcement rather than directly redefining citizenship.

The order defines “birth tourism” as a foreign national entering the United States on a nonimmigrant visa for the purpose of giving birth in the United States. It also covers individuals or organizations that facilitate such travel. The administration argues that some foreign nationals misuse temporary visa classifications to enter the country specifically so their children will obtain U.S. citizenship.

The order gives the government broad authority to take measures against suspected birth-tourism activity including denying visas or admission, revoking travel authorization, removing individuals who participated in birth tourism, and potentially permanently barring individuals from entering the United States. The government may also take action against businesses or individuals that facilitate birth-tourism arrangements. Humanitarian and national-interest exceptions are permitted.

For foreign nationals traveling while pregnant, the practical impact will depend heavily on the regulations and guidance issued by the State Department and DHS, including how officers determine whether a person’s primary purpose for traveling is to give birth.

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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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yamu_jay-ai-generated-8998390-scaledThe Department of Homeland Security has issued a final rule ending the longstanding practice of admitting certain foreign nationals for “duration of status,” commonly shown as D/S on Form I-94.

The rule is scheduled to take effect on September 15, 2026. Because it is classified as a major rule subject to congressional review, DHS will publish another notice if Congress changes the rule or its effective date.

Who Is Affected?

The rule applies to:

  • F visa holders: International students and their dependents;
  • J visa holders: Exchange visitors and their dependents; and
  • I visa holders: Representatives of foreign information media and their dependents.

What Is Changing?

F, J, and I visa holders have traditionally been allowed to remain in the United States while they continued their authorized studies, exchange programs, practical training, or media assignments.

Under the new rule:

  • Form I-94 will contain a specific expiration date;
  • An updated Form I-20 or Form DS-2019 will not automatically extend a person’s authorized stay;
  • Individuals who need additional time must generally apply for an extension with USCIS; and
  • USCIS may require biometrics as part of the extension process.

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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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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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The Trump administration has quietly reversed a policy that threatened the jobs and immigration status of thousands of foreign doctors working in the United States.

Doctors from countries impacted by the administration’s expanded travel ban will once again be allowed to continue processing visa applications, work permits, and green card cases.

Earlier this year, the Department of Homeland Security implemented a freeze on immigration benefits for nationals from 39 countries. The policy placed many foreign physicians in legal limbo, forcing some hospitals to place doctors on administrative leave while others faced the possibility of losing their ability to work entirely.

The administration has now confirmed that applications associated with medical physicians will continue processing, exempting doctors from the immigration freeze. The change was made quietly, without a formal public announcement.

The update appeared on the USCIS webpage outlining its enhanced screening and vetting procedures which now indicates doctors are no longer subject to adjudicative processing holds:

“Internal Review Process

USCIS established an internal process for lifting holds on individual or group cases, requiring comprehensive review by multiple offices. Holds have been lifted for aliens vetted through Operation PARRIS, certain petitions filed by U.S. citizens, intercountry adoption forms, certain rescheduled oath ceremonies, statutory and regulatory decision issuance, refugee registrations for South African citizens/nationals, certain special immigrant visa petitions, certain employment authorization documents, and asylum applications from non high-risk countries, and applications associated with medical physicians….”

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