By Cyrus D. Mehta and Kaitlyn Box* On May 22, 2026, USCIS promulgated a policy memorandum entitled “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process”. The policy memorandum states that adjustment of status is a “matter of […]
Headlines: USCIS Ordered to Resume Processing for Certain ‘Restricted’ Countries’ Applicants – On April 30, 2026, a federal court in Massachusetts ordered the U.S. government to lift its blanket hold on certain U.S. Citizenship and Immigration Services immigration applications for approximately 200 plaintiffs from specific countries. Enhanced Security Vetting Causes Adjudications Pause, Coinciding With New […]
Headlines: Cap Reached for Second Allocation of Returning Worker H-2B Visas for FY 2026 – U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 27,736 H-2B visas made available for the second allocation of returning workers for Fiscal Year 2026 with employment start dates from April 1 to April 30, 2026. Work Authorization Revocation, Other Consequences Announced for Unpaid […]
Headlines: DOL Proposes Rule Clarifying Joint Employer Status – The Department of Labor’s Wage and Hour Division published a proposed rule that would address joint employer status under federal wage and hour laws. Trump Gold Card: Amid Contradictory Statements, Just One Approved So Far – Secretary of Commerce Howard Lutnick said that just one […]
Headlines: New ICE I-9 Inspection Policy Increases Risks for Employers – A new fact sheet indicates a change in policy that increases the risks for employers by reclassifying some former technical violations as substantive. May Visa Bulletin Includes Advances in Various Immigrant Visa Categories, Possible Retrogression for India EB-5 Unreserved Category – The Department of […]
Headlines: SAVE and E-Verify Release Updates on EADs Under TPS, Superseding Earlier Notices – The Systematic Alien Verification for Entitlements and E-Verify programs recently updated guidance on Employment Authorization Document validity in light of court orders affecting Temporary Protected Status for South Sudan, Ethiopia, Burma, Somalia, Haiti, and Syria, superseding earlier notices on the terminations […]
Headlines: FY 2027 Initial H-1B Registration Selection Process Completed – U.S. Citizenship and Immigration Services has received enough electronic registrations for unique beneficiaries during the initial registration period to reach the fiscal year 2027 H-1B numerical allocations (H-1B cap), including the advanced degree exemption (master’s cap). USCIS Releases Update on Screening/Vetting of Foreign Nationals – […]
Headlines: DOL Releases Long-Anticipated Prevailing Wage Proposed Rule – The Department of Labor DOL released a long-anticipated proposed rule that could significantly reshape prevailing wage requirements for H-1B, PERM, and related programs. DOS Announces Expansion of Social Media Vetting to Additional Nonimmigrant Visa Classifications – Effective March 30, the agency will expand its “online presence […]
Headlines: USCIS Reaches H-2B Cap for Second Half of FY 2026; Filing Dates Now Available for Supplemental Visa Allocations – U.S. Citizenship and Immigration Services (USCIS) has received enough petitions to meet the H-2B temporary nonagricultural worker statutory cap for the second half of Fiscal Year (FY) 2026. USCIS also announced that filing dates for […]
Headlines: DOS Final Rule Amends Diversity Visa Program Documentation Requirements – The new amendments require a DV petitioner to provide valid, unexpired passport information and to upload a scan of the biographic and signature page in the electronic entry form or to otherwise indicate that the applicant is exempt. USCIS Updates Guidance on Automatic Extensions […]
