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.
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
Dates for Filing Advancements
Family-Sponsored Categories
Final Action Advancements
F-1 Unmarried Sons and Daughters of U.S. Citizens
F-2A Spouses and Children of Permanent Residents
F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents
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.
Recent 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.
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 (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.
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.
On 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.
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
Visa Lawyer Blog