Permanent Residence

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On Oct. 14, 2026, the Department of Homeland Security (DHS) issued an interim final rule (IFR), effective immediately, cutting the time a refugee has to respond to a Notice of Intent to Terminate (NOIT) refugee status from 30 days to 10 days. 91 Fed. Reg. 65077. Comments are due Nov. 13, 2026…

  • USCIS’s updated public charge guidance applies to Form I-485 applications postmarked or electronically submitted on or after Sept. 18, 2026.
  • USCIS will determine whether an applicant is likely to become a public charge through a prospective evaluation based on the totality of the circumstances.
  • A qualifying Form I-864, Affidavit of Support, alone does not
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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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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…

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…

  • 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.
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  • 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
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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’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 has confirmed its Dec. 2 policy memo, which listed only a narrow set of applications, was not exhaustive and that it has
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