IMMIGRATION ALERTS

The US State Department has temporarily paused immigrant visa interviews at embassies and consulates worldwide to conduct public charge training for consular officers. Applicants with scheduled interviews are receiving cancellation notices. Nonimmigrant visas are unaffected. No timeline for resumption has been announced.

DHS has initiated a regulatory proposal to overhaul the H-1B program, targeting cap exemptions, increased employer scrutiny, and tighter oversight of third-party placements. Currently under OMB review, the rule would revise eligibility for institutions exempt from the annual cap and increase compliance requirements for employers with program violations.

State Department statement on visa revocation – "We are coordinating with DHS to identify and revoke the nonimmigrant visas of foreigners who have come to the United States claiming to be short-term visitors, but then file for asylum to stay here permanently."

USCIS proposes $103,265 fee for all H-1B cap-subject petitions. 30-day comment period opens August 25. Legal challenges expected if finalized. Full breakdown of the proposed rule and impact on employers.

The September 2026 Visa Bulletin shows significant advances in family-sponsored categories (F1, F2B, F3) while employment-based green cards mostly stall. EB-2 India and EB-5 unreserved India remain unavailable. EB-1 India faces warning of potential closure. Full breakdown of final action dates and filing dates.

US District Judge Jeannette Vargas struck down the Trump administration's 75-country immigrant visa ban, ruling the policy "patently unlawful" and beyond the Secretary of State's authority. All visa denials based solely on nationality must be reviewed. The policy had impacted nationals from Afghanistan, Pakistan, Bangladesh, Russia, Brazil, and dozens of other countries.

The Department of Homeland Security is proposing new fees on H-1B and F-1 OPT programs. OPT fee could reach $100,000 per application. H-1B fee proposal in OIRA review. Public comment period expected soon. Indian nationals account for 70%+ of H-1B and OPT participants.

USCIS has issued sweeping new public charge guidance for green card applicants, effective September 18, 2026. The new policy expands benefits review to include any means-tested public benefit, grants officers broader discretion, and introduces a new Form I-485 edition. A public charge bond option remains available.

A coalition of higher education organizations and labor unions has filed a federal lawsuit challenging the DHS rule that ends "duration of status" for F-1 students, J-1 exchange visitors, and I visa journalists. The new rule caps stays at four years and requires extensions. Effective September 15, 2026.

The First Circuit Court of Appeals has partially reinstated USCIS's Comprehensive Re-Review Policy for nationals from 39 travel ban countries, while three other challenged policies — including the benefits hold and asylum suspension — remain blocked. The ruling allows the government to resume re-reviewing approved benefits during the appeal process.

The U.S. State Department has expanded its $750 expedited B-1/B-2 visa appointment pilot to Canada, Colombia, Costa Rica, Guatemala, and Honduras. Appointments within 10 business days through December 31, 2026. The fee does not expedite adjudication.

A federal district court in Massachusetts has lifted the stay blocking the termination of TPS for Ethiopia, allowing DHS to end protections for approximately 5,000 Ethiopian nationals. Employment authorization documents expire August 19, 2026. DHS warns: "leave immediately or be swiftly deported."

USCIS extends work authorization for Ukraine and Sudan TPS renewal applicants through October 19, 2026. The extension aligns with TPS designation expiration dates and applies to pending EAD renewal applicants. Full I-9 and E-Verify guidance inside.

U.S. Department of Labor PERM processing times extend beyond 16 months as the agency works through September 2025 filings. Average Analyst Review now stands at 372 days. Audited cases add another 343 days. No premium processing available. Full breakdown inside.

USCIS has extended work authorization for eligible El Salvador TPS beneficiaries through September 9, 2026 — the date the TPS designation is set to expire. Affected beneficiaries with pending EAD renewals can use expired EADs together with USCIS extension notices as proof of continued employment authorization.

The Department of Labor has published updated Adverse Effect Wage Rates for H-2A agricultural workers, with Skill Level I rates averaging $12.31/hr nationally and Kansas seeing a 21.3% increase. The new rates take effect August 3, 2026, with a two-week delay for 17 states covered by the Kansas injunction.

The U.S. Embassy and Consulates in China now require advance appointments for passport pickup at standard collection sites in Beijing, Guangzhou, Shanghai, Shenyang, and Wuhan. Effective August 1, 2026, applicants must schedule appointments after receiving the "document ready for pickup" notification.

USCIS has extended Somalia TPS employment authorization through August 14, 2026, marking the fourth extension in less than three weeks amid ongoing litigation. EADs with original expiration dates of March 17, 2023, September 17, 2024, and March 17, 2026 are automatically extended.

USCIS has extended Somalia TPS employment authorization through August 12, 2026, marking the latest in a series of brief placeholder extensions following the Supreme Court's June 2026 ruling on TPS terminations. EADs with original expiration dates of March 17, 2023, September 17, 2024, and March 17, 2026 are automatically extended.

USCIS has been granted sweeping new authority to require electronic filing for virtually any immigration benefit request under an interim final rule effective August 11, 2026. The rule does not immediately make any form mandatory but establishes a framework allowing USCIS to mandate e‑filing for forms available online for at least 180 days, with 60 days' notice.