Visa Lawyer Blog

Articles Posted in White House

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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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elin-melaas-rAfpEO53684-unsplash-scaledWe are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the June 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 June, 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 June 2026 Visa Bulletin

At a Glance

What can we expect to see in the month of June?

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 will retrogress 3.5 months to December 15, 2022
  • Except China, all other countries remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will retrogress 10.4 months to September 1, 2013
  • Except China, all other countries remain current

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mohamed_hassan-graduation-7077409_1280
The White House is reviewing a proposed federal rule (RIN: 1653-AA95) that could change how international students maintain legal status in the United States. The proposal, submitted by the Department of Homeland Security (DHS), would replace the long-standing “duration of status” framework with fixed-term limits for student visas.

If finalized, the rule would affect students on F-1 visas, as well as some exchange visitors and foreign media. Under the current system, international students can remain in the U.S. for as long as they are enrolled full-time and comply with visa requirements.

The proposed change would instead impose a four-year stay limit before students would need to apply for a renewal of their status.

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d4rkwzd-recruitment-6838250_1280The Trump administration has introduced a new visa screening policy at consulate interviews that could make it harder for people with potential asylum claims to enter the United States.

According to the Washington Post, consular officers are now directed to ask nonimmigrant visa applicants whether they have been persecuted in their home country, or fear harm if they return.

That question may sound harmless, but the consequences are significant. If an applicant says they have suffered harm/mistreatment in their country, or fear harm/mistreatment in returning home, their visa could be denied. If they say they do not fear returning to their home country and later apply for asylum in the United States, the government may use that earlier answer against them. This creates a serious dilemma for people who may genuinely need protection in the future.

The policy appears designed to screen potential asylum claims before an applicant ever reaches U.S. soil. Under U.S. asylum law, a person generally must be physically present in the United States or arrive at a U.S. border to request asylum. By using the visa process to flag and deny applicants who may later seek protection, the government could stop some individuals from ever getting the chance to present their asylum claims.

This change could especially affect people from countries facing political violence, religious persecution, war, government abuse, or targeted discrimination. Students, tourists, workers, and business visitors may all face difficult questions if they have legitimate reasons to travel to the U.S. on temporary visas but also fear returning home.

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publicdomainpictures-passport-315266_1920According to a recent New York Times article, the Justice Department is reportedly preparing to expand efforts to strip citizenship from naturalized Americans, identifying 384 people whose citizenship it may try to revoke.

These cases may be assigned to prosecutors across 39 U.S. attorney’s offices, which could mean a sharp increase in denaturalization cases.

What’s Denaturalization?

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gdj-ethiopia-1758949_1280

A recent federal court decision has provided temporary relief for Ethiopian nationals in the United States who rely on Temporary Protected Status (TPS). The ruling marks a setback for the Trump administration’s efforts to roll back humanitarian immigration protections.

Key Developments

A federal judge in Massachusetts has postponed the termination of TPS for Ethiopians, finding that the government did not follow proper legal procedures when attempting to end the designation. The court emphasized that the decision did not adhere to the process required by Congress, raising concerns about how the termination was handled.

Under federal law, TPS is available to individuals whose home countries have experienced natural disasters, armed conflict, or other extraordinary events, providing eligible migrants with work authorization and temporary protection from deportation.

TPS was originally granted to Ethiopians in 2022 due to armed conflict and humanitarian conditions in the country. The designation allows eligible individuals to live and work in the United States without fear of deportation.

Who Is Affected

More than 5,000 Ethiopian nationals currently benefit from TPS protections. Without the court’s intervention, many could have lost their work authorization and faced potential removal.

What Happens Next

The ruling does not permanently preserve TPS for Ethiopians. Instead, it temporarily blocks the termination while legal proceedings continue. The government may still attempt to end the designation if it follows proper procedures or prevails in court.

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popmelon-ai-generated-8647282-scaledA newly proposed rule from the U.S. Department of Labor (DOL) could significantly reshape the cost and strategy of hiring foreign talent through the H-1B and PERM programs.

The proposal, aimed at increasing wage protections for U.S. workers, is expected to drive up salary requirements—adding what some are calling “sticker shock” for employers.

What the Proposed Rule Does

The DOL’s proposal focuses on revising how prevailing wages are calculated across H-1B, H-1B1, E-3, and PERM programs. Instead of relying on lower wage percentiles, the rule would shift wage levels upward to better reflect actual market compensation.

Under the current system, wages are divided into four levels based on experience. The proposal would significantly raise each level—for example, entry-level wages would move from the 17th percentile to the 34th percentile, with similar increases across all tiers.

The DOL’s stated goal is to ensure foreign workers are paid comparably to similarly situated U.S. workers and to eliminate incentives for employers to hire lower-cost foreign labor.

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arpad-czapp-Cg94g0QFHv4-unsplash-scaledThe U.S. Department of State has announced expanded screening and vetting procedures for visa applicants, effective Monday March 30. As a result, applying for a U.S. visa will now involve closer review of your background, including your online activity.

Who Is Affected

The following nonimmigrant visa applicants may now be subject to enhanced review of their social media and online presence:

  • A-3
  • C-3 (if a domestic worker)
  • G-5
  • H-3
  • H-4 (dependents of H-3)
  • K-1
  • K-2
  • K-3
  • Q
  • R-1
  • R-2
  • S
  • T
  • U

These are in addition to H-1B applicants and their dependents, as well as F, M, and J student and exchange visitor visa applicants already subject to this review.

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mohamed_hassan-passport-8621284_1280-1On March 11, 2026, the U.S. Department of State published a final rule in the Federal Register requiring applicants to hold a valid passport before entering the Diversity Visa (DV) lottery—commonly known as the “green card lottery,” effective April 10, 2026.

This change marks a return to a policy first introduced during the Trump administration, later struck down in 2022, and now reinstated through formal rulemaking. For many applicants around the world, the update will reshape how—and whether—they can participate the green card lottery.

What Is the Diversity Visa Program?

The Diversity Visa program allocates up to 55,000 immigrant visas each year to individuals from countries with historically low levels of immigration to the United States.

Applicants are selected through a randomized lottery system. For many, particularly in parts of Africa and other underrepresented regions, the program serves as a rare opportunity to pursue lawful permanent residency.

What’s Changing Under the New Rule?

The most important change is simple but impactful:

  • Applicants must now possess a valid, unexpired passport at the time of entry
  • They must provide passport details (number, country, expiration date) and
  • They must upload a digital scan of the passport’s biographic page at the time of registering.

Previously, applicants could enter the lottery without a passport and only needed one if selected. That flexibility is now gone.

The rule is expected to take effect April 10, 2026, and apply to the DV-2027 lottery cycle.

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wander-works-MAgz-27IO68-unsplash-scaledThe Trump administration is asking the Supreme Court to end Temporary Protected Status (TPS) for hundreds of thousands of Haitians living in the United States. TPS is a humanitarian program that allows people from countries affected by disasters or conflict to live and work in the U.S. legally, without fear of deportation.

This move comes as part of a broader effort to scale back immigration protections. The Supreme Court has already allowed the administration to reduce TPS protections for Venezuelan migrants, while a similar request involving Syrian immigrants is still pending.

Haiti was first granted TPS in 2010 after a catastrophic earthquake, and the designation has been extended several times since. The administration set a termination date of February 3, 2026, arguing that conditions in Haiti have improved enough to allow the return of TPS holders.

Last December, five Haitian nationals challenged the decision, seeking to block the termination. A federal district court sided with them last month, finding that the decision to end protections may have been influenced in part by racial bias. The Justice Department appealed, but a divided three-judge panel on the U.S. Court of Appeals in Washington, D.C., refused to halt the lower court’s ruling.

In an emergency filing with the Supreme Court, Solicitor General D. John Sauer argued that the lower courts had overstepped, interfering in “an area of wide Executive Branch latitude.”

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