Visa Lawyer Blog

Articles Posted in Immigrants

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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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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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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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On July 10, 2026, U.S. Citizenship and Immigration Services issued new employment-authorization guidance, affecting certain Temporary Protected Status beneficiaries from Haiti, Burma, Ethiopia, Somalia, South Sudan, Syria, and Yemen.

The guidance was released shortly before the affected employment-authorization dates were scheduled to expire. Under the updated USCIS instructions, covered Haitian TPS beneficiaries have employment authorization through July 24, 2026. Covered beneficiaries from the other six countries have employment authorization through July 17, 2026. The temporary extensions affect hundreds of thousands of workers.

Updated employment-authorization dates

TPS country Updated USCIS expiration date
Haiti                                 July 24, 2026
Burma (Myanmar)                                 July 17, 2026
Ethiopia                                 July 17, 2026
Somalia                                 July 17, 2026
South Sudan                                 July 17, 2026
Syria                                 July 17, 2026
Yemen                                 July 17, 2026

TPS beneficiaries affected by these developments should immediately consult with a qualified immigration attorney to evaluate whether they may qualify for another lawful immigration status or form of relief.

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jorono-flag-2693195-scaledOn June 25, 2026, the Supreme Court allowed the Trump administration to end Temporary Protected Status for more than 350,000 people from Haiti and Syria who have been legally living and working in the United States.

Although the ruling directly affects only TPS holders from Haiti and Syria, its impact could reach much further.

The decision may have consequences for the broader TPS program, which currently protects about 1.3 million people from more than a dozen countries.

What is TPS

Temporary Protected Status (TPS) is a temporary immigration protection that allows people from certain countries to live and work legally in the United States, when it is unsafe for them to return home because of conditions like war, natural disasters, or major political instability.

The federal government determines which countries qualify for TPS and decides whether conditions in those countries justify renewing their designation.

The Ruling

The case, Mullin v. Doe, written by Justice Alito, held that courts do not have authority to review an administration’s decision to terminate TPS for a particular country. The court also rejected a constitutional claim brought by Haitian TPS holders, who argued that Haiti’s designation was ended because of racial bias. The court found that the evidence was not enough to show that racism played a motivating role in the decision.

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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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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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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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