Visa Lawyer Blog

Articles Posted in Immigrant Visas

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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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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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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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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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