Immigration Litigation

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  • A federal court’s injunction over the DHS fixed-period admission rule nationwide means the existing duration-of-status (D/S) framework for F-1 international students and J-1 exchange visitors will remain in place while litigation continues.
  • The injunction does not affect the separate Curricular Practical Training guidance issued by the Student and Exchange Visitor Program in August 2026,
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  • The State Department is pausing immigrant visa interview appointments while consular officers receive updated public-charge training. The agency has not publicly announced the duration or precise scope of this pause.
  • The pause follows an August 21 federal court decision vacating the State Department’s separate suspension of immigrant visa issuance to nationals of 75 countries.
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The Department of Homeland Security (DHS) is expected to publish a proposed rule on Aug. 25, 2026, in the Federal Register that would impose a new $103,265 fee on all cap subject H-1B visa petitions. This new proposal would be in addition to existing H-1B filing fees. Employers who rely on the H-1B program to…

On Aug. 5, 2026, the U.S. District Court for the District of Massachusetts denied plaintiffs’ request to stay USCIS’s implementation of the One Big Beautiful Bill Act’s (H.R. 1) limits on TPS-based employment authorization documents (EADs), while granting limited relief related to the new Annual Asylum Fee (AAF). Venezuelan Association of Massachusetts et al. v.

On Aug. 5, 2026, the U.S. District Court for the District of Columbia confirmed that its prior order staying the termination of Haiti’s Temporary Protected Status (TPS) designation is no longer in effect following action by the U.S. Supreme Court and the U.S. Court of Appeals for the D.C. Circuit. As a result, the court-ordered…

A recent reminder to international travelers that the contents of their phone may be subject to inspection when entering the United States came from the U.S. Court of Appeals for the Seventh Circuit.

In United States v. Eta, No. 25-1891 (7th Cir. July 6, 2026), the court held that Customs and Border Protection (CBP) officers…

  • Federal courts have temporarily blocked or postponed TPS terminations for, Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria and Yemen that were scheduled to end between November 2025 and May 2026.
  • TPS beneficiaries from these countries retain legal status and work authorization, for now.
  • Employers should review affected Form I-9s and complete Supplement B reverification,
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  • USCIS and E-Verify have issued updated employer guidance for TPS beneficiaries from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen.
  • For all seven countries, employers should use July 10, 2026, as the current date for Form I-9 and E-Verify purposes.
  • Employers should not assume July 10 marks the automatic end of TPS-based employment
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In today’s landmark Trump v. Barbara decision, the U.S. Supreme Court held that children born in the United States are citizens at birth regardless of whether their parents are present in the country unlawfully or temporarily. The Court concluded that Executive Order 14160 violates the Citizenship Clause of the Fourteenth Amendment and therefore cannot be…

Takeaways

  • DHS rule cleared by the White House and would replace the long-standing “duration of status” (D/S) framework with fixed admission periods.
  • Extension filings and increased government oversight may create additional administrative burdens and uncertainty for visa holders.
  • The proposal has not been finalized, and the current D/S system remains in effect.

A proposed Department…