In this blog post we bring you some important developments impacting visa applicants in September.
First, the U.S. government has resumed immigrant visa processing for applicants in Hungary and Poland, while processing restrictions remain in place in a number of other countries.
The broader pause was connected to changes in how the Department of State evaluates applicants under the public charge rules and additional training for consular officers.
The U.S. Department of State has resumed the issuance of Diversity Visas following a federal court order in Medani et al. v. Trump et al. According to the State Department, visa issuance has resumed as of August 28, 2026, ending the suspension that had been in place since December 2025.
The December 2025 suspension had temporarily stopped U.S. Embassies and Consulates from issuing Diversity Visas while the government reviewed screening and vetting procedures. The court order now requires the State Department to resume processing and issuing affected visas.
Why This Matters for DV-2026 Applicants
Timing is especially important for DV-2026 applicants because Diversity Visas generally must be issued by September 30, 2026. If a visa number is not issued by the end of the fiscal year, the opportunity may be lost.
Applicants with pending cases should continue monitoring their case status, attend any scheduled interviews, and respond quickly to requests from the U.S. Embassy or Consulate.
If you have a pending DV-2026 case and are concerned about the September 30 deadline, contact an immigration attorney as soon as possible to discuss how the court order and resumed visa issuance may affect your case.
On 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.
President 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.
Yesterday, 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.
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 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 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
The 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:
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:
The 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:
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:
This means USCIS officers may have more flexibility when deciding whether an applicant is likely to become a public charge.
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
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.
We 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-2 Members of the Professions and Aliens of Exceptional Ability
EB-3 Professionals and Skilled Workers
EB-3 Other Workers
EB-4 Special Immigrants and Religious Workers
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