Tagged #employment-based
Every article we've published on this topic, sorted by the agency's own announcement date.
DHS Proposal to Eliminate 60-Day Nonimmigrant Grace Period Clears Federal Review
OMB has cleared DHS's proposed rule to eliminate the grace period for employment-based nonimmigrants. The proposal is heading to the Federal Register for public comment.
September 2026 Visa Bulletin Released: Employment-Based Categories Face Pressure
The State Department released the September 2026 Visa Bulletin setting final action dates and filing dates for family-based and employment-based green card applicants. EB-1 India, EB-2, and EB-5 face potential restrictions as fiscal year 2026 ends.
DHS proposes $103,265 H-1B fee following court rejection of $100K charge
After a federal court struck down Trump's $100,000 H-1B visa fee, DHS has proposed a new $103,265 fee structure subject to annual cap. Key details for employers and practitioners on timing and scope.
New USCIS Public Charge Rule Takes Effect September 18—Here's What Changes
DHS finalizes broad public charge rules for green card applicants. Starting Sept. 18, 2026, officers can weigh more benefits when evaluating family and employment-based cases.
DHS Proposes Shortening DACA Renewal Period to One Year
A new DHS proposed rule would cut DACA work permit renewals from every two years to every year, and add economic necessity and biometric requirements affecting hundreds of thousands of recipients.
Trump Administration Restricts All Legal Immigration Categories
USCIS and State Department officials are freezing family-based sponsorships, diversity visas, employment-based petitions, and humanitarian programs to reduce legal immigration by an estimated 33%–50%.
DHS Expands 9-11 Response Fee to H-1B and L-1 Extension Petitions
A final DHS rule published August 10, 2026 expands the 9-11 Response and Biometric Entry-Exit Fee from initial/change-of-employer H-1B and L-1 petitions to all extension petitions for covered employers. The rule takes effect September 9, 2026.
Trump Administration Proposes to Eliminate 60-Day H-1B Grace Period for Laid-Off Workers
DHS advances proposal to remove the 60-day buffer allowing H-1B visa holders to remain in the U.S. after job loss. The rule change could force immediate departure and reshape layoff strategy for hundreds of thousands of workers.
Appeals Court Blocks Trump's $100,000 H-1B Fee (Again)
Federal appeals court rejects Trump administration bid to enforce $100,000 H-1B visa fee, upholding lower court ruling that it constitutes unauthorized tax.
Federal Court Temporarily Blocks USCIS Policy Cutting Short TPS Work Authorization
A Massachusetts federal court issued an emergency stay of USCIS policies that would have retroactively shortened employment authorization for TPS beneficiaries from El Salvador, Ukraine, and Sudan, preserving 540-day automatic extensions pending further review.
When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: August 2026
USCIS guidance on which visa bulletin charts to use for adjustment of status filings in August 2026: Dates for Filing for family-sponsored applicants, Final Action Dates for employment-based applicants.
USCIS Reaches FY 2027 H-1B Cap; No Second Lottery
USCIS announced on July 17, 2026, that it received enough H-1B petitions to fill both the regular cap and master's cap for fiscal year 2027. No second lottery will be conducted.
July 2026 Green Card Changes: Visa Caps and Signature Rule
Two major policy shifts take effect in July 2026: employment-based visa caps freeze approvals in key categories through September, and a new DHS rule tightens signature enforcement on USCIS filings with post-acceptance denial authority.
July 2026 Visa Bulletin – Mixed Movement in Employment, Gains for Family-Based
State Department released July 2026 Visa Bulletin with advancement in EB-1 China, EB-3 categories, and family-sponsored visas, but EB-2 India becomes unavailable and EB-1 India retrogresses further.
EB-2 India Category Now Unavailable Through September 30, 2026
The EB-2 employment-based green card category for Indian nationals has exhausted its annual visa limit and is now unavailable for adjustment of status and consular processing through September 30, 2026. Practitioners should advise clients on alternative pathways.
"Why Can't an American Do This Job?" — New H-1B Interview Scrutiny
Immigration attorneys report a surge in consular officers asking employment-based visa applicants to explain why a U.S. worker could not fill the role. Preparation strategies are essential.
H-1B visa rules overhaul: Lottery, fees, and court rulings explained
Trump administration overhauls H-1B program with weighted lottery, attempted $100K fee struck down by court. Learn what changed and what it means for employers and foreign workers.
Federal Judge Voids Trump's $100,000 H-1B Visa Fee as Unlawful Tax
A Boston federal judge ruled that Trump's $100,000 H-1B visa fee is an unlawful tax Congress never authorized. The ruling blocks enforcement; the administration plans to appeal.
June 2026 Visa Bulletin—Final Action Dates Required for EB Filings
State Department releases June 2026 Visa Bulletin. USCIS designates Final Action Dates for employment-based adjustment filings; material retrogression for India EB-1 and EB-2; advance for EB-3 China and India.
Federal judge strikes down policy freezing USCIS applications for 39 countries
A U.S. District Court ruled that USCIS exceeded its authority by indefinitely freezing asylum, work permit, green card, and citizenship applications for nationals of 39 countries. The ruling requires immediate resumption of adjudications.
USCIS Limits Green Card Adjustment of Status to Extraordinary Circumstances
USCIS policy memo requires most visa holders to pursue green cards through consular processing abroad, not adjustment of status in the US. Major shift affects employment, family-based, and humanitarian applications.
Visa Bulletin for June 2026: Final Action Dates Required for Employment-Based Filings
The State Department's June 2026 Visa Bulletin sets new priority dates for family and employment-based immigrants, mandates Final Action Dates for EB filings, and flags India EB-2/EB-1 and China EB-2 for potential retrogression or unavailability.
Reading the DOS Visa Bulletin: Family vs Employment Charts and the Country Columns
A working guide to the State Department's monthly Visa Bulletin — the family and employment charts, the country columns, and how to translate priority dates into wait estimates.
EB-2 NIW Adjudications After the January 2025 USCIS Policy Update
USCIS clarified EB-2 National Interest Waiver adjudication standards on January 15, 2025. Learn what changed in evidence requirements, threshold eligibility, and petition structure for practitioners.