IMMIGRATION ALERTS

Federal judge blocks Trump's birthright citizenship executive order, ruling it "almost certainly unconstitutional." Preliminary injunction protects children born to non-citizen parents.

US State Department resumes diversity visa issuance after court order lifts Trump-era pause. DV-2026 selectees face September 30 deadline.

DOL rescinds 29 CFR Part 42 farmworker coordination regulations. Eliminates formal WHD, OSHA, ETA coordination requirements. Effective September 30, 2026.

US DHS proposes eliminating 60-day grace period for H-1B workers after job loss. OMB review complete. Public comment period coming soon.

US global visa wait times August 2026: Mumbai hits 14 months, Bogota 11 months, as expedited program expands to 5 more countries.

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.