- 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.
Permanent Residence
Revised Form I-485 Takes Effect Sept. 18
By Michael H. Neifach on
On Sept. 18, 2026, USCIS will publish a revised edition of Form I-485, Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card through adjustment of status. The revised form aligns with the recently announced Public Charge Ground of Inadmissibility Final Rule and will immediately replace the current…
Your Phone Can Be Searched at the Border Without a Warrant: Seventh Circuit Reaffirms CBP Authority
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 Court Vacates USCIS Adjudication Pause Affecting Nationals of 39 Countries
By John E. Exner, IV, Amy L. Peck & Otieno B. Ombok on
Posted in Asylum / Refugee, Compliance and Enforcement, E-1 / E-2, EADs, EB-1, EB-2, EB-3, H-1B, H-2A, H-2B, H-4, I-9 and E-Verify, Immigration Litigation, L-1A / L-1B, L-2, Other Non-immigrant Visas, Permanent Residence, Temporary (Non-immigrant) Work Visas, Travel Ban, Trump Administration, US Immigration, USCIS
- A federal district court has vacated USCIS policies that paused adjudication of immigration benefit requests filed by nationals of 39 countries.
- The court ruling could allow affected adjustment of status, employment authorization, naturalization, and certain asylum-related applications to proceed.
- The government is expected to consider appellate options, and employers should continue to monitor developments.
Adjustment of Status Under Scrutiny: USCIS Moves Toward Stricter Discretionary Review
- A new USCIS policy memorandum emphasizes that adjustment of status is a discretionary benefit and that consular processing abroad is the “ordinary” pathway to permanent residence.
- The memo does not eliminate employment-based adjustment of status or create a formal new rule requiring all applicants to consular process.
- Significant questions remain, including how USCIS will
Hikes in Prevailing Wage Levels for H-1B and PERM Cases? DOL Proposal Explained
The Department of Labor (DOL) has published a notice of proposed rulemaking (NPRM) to revise how prevailing wage levels are calculated for the H-1B, H-1B1, E-3, and PERM employment based non-immigrant and immigrant visa programs.
The March 27, 2026, proposal seeks to increase the four-tiered prevailing wage structure for these visa programs by aligning them…
California AB 692 and Its Impact on Employer Green Card Reimbursement Agreements
California’s AB 692, officially in effect as of Jan. 1, 2026, is bringing notable changes to how employers may use repayment or “stay‑or‑pay” provisions in employment agreements. While the law applies broadly to various repayment obligations, AB 692 has meaningful implications for organizations that have historically used reimbursement agreements when sponsoring foreign national employees for…
USCIS Widens Freeze on Immigration Benefits for Nationals of 19 Countries: Employers Should Expect Delays Across Multiple Categories
By Amy L. Peck & Otieno B. Ombok on
- USCIS has confirmed its Dec. 2 policy memo, which listed only a narrow set of applications, was not exhaustive and that it has
USCIS Announces Reduction of EAD Validity Period for Foreign Nationals in Certain Categories
By Eric S. Hause on
- Admitted as refugees;
USCIS Announces Review of Green Cards Issued to Individuals from 19 Countries, Halt of Afghan-Related Immigration Requests
Takeaways
- The Trump Administration will review all green cards issued to individuals from 19 “countries of concern.”
- The DHS has indefinitely stopped processing Afghan-related immigration requests.
- President Trump stated his goal is to “permanently pause migration from all Third World Countries.”
U.S. Citizenship and Immigration Services (USCIS) Director Joe Edlow recently announced a realignment of…