Visa Lawyer Blog

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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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mohamed_hassan-programming-9199585_1280The Department of Homeland Security (DHS) is moving forward with a new proposal that could eliminate the 60-day grace period currently available to certain employment-based nonimmigrant workers after their employment ends.

On August 6, 2026, DHS submitted a proposed rule titled “Eliminating the Discretionary 60-day Grace Period” to the Office of Management and Budget (OMB) for review. The proposal has not yet taken effect, and the full text has not yet been released.

What Is the Current 60-Day Grace Period?

Under current regulations, certain nonimmigrant workers whose employment ends before their authorized stay expires may receive a grace period of up to 60 consecutive days, or until the expiration of their authorized stay, whichever comes first.

The protection currently applies to workers in the following classifications:

  • E-1
  • E-2
  • E-3
  • H-1B
  • H-1B1
  • L-1
  • O-1
  • TN

Their dependent family members are also covered by the provision.

The 60-day grace period gives workers valuable time after losing or leaving a job to find another employer, seek a change or extension of immigration status, or prepare to leave the United States. Workers generally cannot continue working during the grace period unless they have another independent basis for employment authorization.

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rainbowart-hat-1217913_1920The Trump administration is reportedly considering a $100,000 fee for international students who want to remain in the United States and work after graduating from an American university.

According to The Wall Street Journal, the proposal is being discussed within the Department of Homeland Security but has not been formally approved or published as a proposed regulation. Important details—including whether the student, university, or employer would pay the fee—remain unresolved.

The fee would affect students seeking employment through Optional Practical Training, commonly known as OPT. The program allows eligible F-1 students to obtain temporary employment directly related to their field of study. Standard post-completion OPT generally lasts up to 12 months, while qualifying STEM graduates may receive an additional 24-month extension.

A $100,000 charge would dramatically increase the cost of remaining in the United States after graduation. It could discourage international students from attending American universities and make it more difficult for employers in technology, finance, research, and other specialized industries to recruit graduates.

The reported proposal follows broader changes to student immigration policy, including new fixed periods of admission and extension requirements for certain F-1 students. DHS has acknowledged that international students contribute to American universities, research, innovation, and local economies, while maintaining that additional restrictions are needed to improve oversight and prevent fraud.

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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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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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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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Key Takeaways

  • The Supreme Court terminated Haiti and Syria’s TPS status on June 25th
  • Approximately, 350,000 individuals will lose their work authorization and be subject to removal
  • Affected individuals must seek alternative legal status immediately to avoid removal proceedings once the transition period ends.

On July 1, 2026, DHS and USCIS set a temporary expiration date of July 10, 2026 for work permits held by Temporary Protected Status beneficiaries from seven countries (Haiti, Syria, Burma, Yemen, Ethiopia, South Sudan, and Somalia), after a Supreme Court ruling cleared the way for the government to end those protections.

On June 25th the Supreme Court ruled that the Department of Homeland Security (DHS) can move forward with ending TPS for certain countries specifically Haiti and Syria even while other smaller legal battles about those terminations continue in lower courts.

Although the deadline for some countries could still be extended while lower court cases continue, DHS has described any continued relief as temporary.

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ralphs_fotos-banner-3585161-scaledOn June 30, 2026, the U.S. Supreme Court rejected President Trump’s attempt to restrict birthright citizenship, ruling that children born in the United States to parents who are unlawfully or temporarily present in the country are citizens at birth under the Fourteenth Amendment.

The 6-3 decision, authored by Chief Justice John Roberts, marks a major ruling on the meaning of American citizenship and the limits of executive power in immigration policy.

The case, Trump v. Barbara, centered on Executive Order 14160, titled “Protecting the Meaning and Value of American Citizenship.”

The order sought to deny automatic U.S. citizenship to certain children born in the United States if neither parent was a U.S. citizen or lawful permanent resident. Specifically, it targeted children born to mothers who were either unlawfully present or lawfully present on a temporary basis, such as on a student, work, or tourist visa, when the father was not a U.S. citizen or green card holder.

The Supreme Court held that the executive order violated the Citizenship Clause of the Fourteenth Amendment. That clause provides that all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States and of the state where they reside. The Court concluded that children born in the United States to parents who are unlawfully or temporarily present are still “subject to the jurisdiction” of the United States and therefore are citizens at birth.

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