https://discuss.ilw.com/ en Tue, 08 Sep 2026 22:16:39 GMT vBulletin 60 images/misc/rss.png https://discuss.ilw.com/ https://discuss.ilw.com/blogs/cmusillo/637809-department-of-state-pauses-immigrant-visa-issuance-worldwide Fri, 28 Aug 2026 18:14:00 GMT Reports indicate that the U.S. Department of State (DOS) has temporarily paused immigrant visa issuance at U.S. embassies and consulates worldwide while consular officers receive additional training related to public charge determinations. ...
Although DOS has not issued a formal public announcement, some consular posts are reportedly rescheduling immigrant visa interviews, including employment-based immigrant visa cases such as EB-2 and EB-3 applications.

Who May Be Affected?

The reported pause appears limited to immigrant visa applicants processing their green cards through U.S. embassies and consulates abroad. This may include both family-based and employment-based immigrant visa cases.

Potential Legal Challenges

The pause comes shortly after the federal court's decision in CLINIC v. Rubio, which ruled that the 75 country immigrant visa pause was unlawful and emphasized that public charge determinations must be made on a case-by-case basis.

The CLINIC plaintiffs have already filed an emergency motion requesting that the court enforce the judgment in light of this new pause.

What Is Not Affected?

At this time, there is no indication that the reported pause affects:

• H-1B, L-1, E-2, TN, F-1, or other nonimmigrant visa categories

What We Are Watching

• Whether additional consular posts begin rescheduling immigrant visa interviews
• How long interview delays last
• Any formal DOS announcements
• Potential litigation and court developments

Takeaway

The reported pause currently appears limited to immigrant visa cases processed through U.S. consulates and embassies abroad. Because DOS has not provided formal guidance, significant uncertainty remains regarding the scope and duration of the pause. We will continue monitoring developments and provide updates as more information becomes available.
]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/637809-department-of-state-pauses-immigrant-visa-issuance-worldwide https://discuss.ilw.com/blogs/cmusillo/637567-dhs-proposes-new-103-265-fee-for-h-1b-cap-petitions Wed, 26 Aug 2026 16:44:02 GMT On August 25, 2026, the Department of Homeland Security (DHS) published a proposed rule (https://www.federalregister.gov/documents/2026/08/25/2026-17324/fee-for-certain-h-1b-petitions) that would create a new $103,265 filing fee for H-1B cap-subject... published a proposed rule that would create a new $103,265 filing fee for H-1B cap-subject petitions, including petitions filed under the master's cap exemption. The fee would be in addition to all existing H-1B filing fees.

Importantly, this is only a proposed rule and is not currently in effect. DHS will accept public comments through September 24, 2026, before deciding whether to move forward with a final rule.

Who Would Be Affected?

The proposed fee would apply only to cap-subject H-1B petitions, including regular cap and master's cap filings and for H-1B beneficiaries both inside and outside the US. DHS states that the fee would be imposed at the time of filing and would be payable in addition to all other required fees.

The proposal generally would not affect:

• Cap-exempt H-1B petitions;
• H-1B extensions;
• H-1B amendments; or
• H-1B transfers for workers who have already been counted against the H-1B cap.

What Happens Next?

At this stage, there are no immediate changes for employers. However, if finalized, the rule could significantly increase the cost of hiring foreign workers through the annual H-1B cap process starting with the March 2027 H-1B cap registration season.

We anticipate significant legal challenges if DHS moves forward with implementing the fee, particularly given the ongoing litigation that blocked implementation of the $100,000 H-1B fee.

MU will continue to monitor developments and provide updates as additional information becomes available.]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/637567-dhs-proposes-new-103-265-fee-for-h-1b-cap-petitions https://discuss.ilw.com/blogs/cmusillo/637481-federal-court-ends-75-country-immigrant-visa-pause Tue, 25 Aug 2026 15:10:50 GMT
As a result of the ruling, immigrant visa processing for affected applicants should resume. The list of impacted countries can be found here.

Importantly, the court's decision does not affect the Administration's separate security-based travel restrictions involving 39 countries. Those restrictions remain in place.

What Does This Mean for the Visa Bulletin?

The resumption of immigrant visa processing could have a significant impact on employment-based immigrant visa availability in FY 2027. Thousands of immigrant visa cases that had been on hold may now move forward, increasing demand for immigrant visa numbers. As a result, MU anticipates additional retrogression pressure, particularly for Employment-Based Rest of World (ROW) categories.

There is some positive news as well. Additional employment-based immigrant visas are expected to become available in FY 2027 due to the rollover of unused family-based immigrant visas from FY 2026. This may help offset some of the increased demand created by the end of the visa pause.

MU Law will continue to monitor developments and provide updates regarding any appeal and the impact on immigrant visa processing.
]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/637481-federal-court-ends-75-country-immigrant-visa-pause https://discuss.ilw.com/blogs/cmusillo/637267-september-2026-visa-bulletin-no-movement-to-close-out-fy-26 Mon, 24 Aug 2026 19:49:27 GMT The Department of State has just issued the September 2026 Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-september-2026.html). This blog post analyzes this month’s Visa Bulletin. ... September 2026 Visa Bulletin. This blog post analyzes this month’s Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates — Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01JUL23	15OCT22	C	C
2nd	C	01SEP21	U	C	C
3rd	01SEP24	01JAN22	01JAN14	01SEP24	01AUG23

Table B: Adjustment of Status Filing Chart

USCIS will continue to use the Table A Final Action chart for I-485 employment-based filings in September 2026. See: USCIS Visa Bulletin Dates

MU Law Analysis

The September Visa Bulletin saw no forward movement which is common for the final month of the fiscal year. There was also no retrogression and no new categories became unavailable.

The Visa Bulletin continues to highlight that recent advancement in priority dates was driven in part by reduced demand, including the impact of prior immigration restrictions and travel bans. These advancements could be temporary as demand increases and if certain restrictions like the 75 country visa pause are lifted. Looking ahead, the Department of State has indicated that further retrogression or unavailability remains possible.

The Visa Bulletin suggests that India EB-1 might become unavailable prior to the end of September.
EB-2 remains current for all countries except India and China but it might become necessary to make the category unavailable prior to the end of September if the annual limit is reached.

The Visa Bulletin noted that FY 2026 will have 186,317 employment-based immigrant visas available, significantly exceeding the normal annual limit of 140,000. This increase is the result of unused family-based immigrant visas from FY 2025 being added to the employment-based visa pool.]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/637267-september-2026-visa-bulletin-no-movement-to-close-out-fy-26 https://discuss.ilw.com/blogs/cmusillo/636695-uscis-releases-new-form-i-485-effective-september-18-2026 Fri, 21 Aug 2026 13:59:02 GMT USCIS has published a preview version (https://www.uscis.gov/sites/default/files/document/forms/Preview_Form_I-485_9-18-26_Edition_USCIS_WILL_REJECT_IF_POSTMARKED_BEFORE_09-18-26.pdf) of a revised Form I-485 that will become effective on September... preview version of a revised Form I-485 that will become effective on September 18, 2026. While the overwhelming majority of the form remains unchanged, employers and foreign nationals should be aware of an important update involving public charge questions.

The revised form is not yet available for filing, and USCIS has indicated that the official 09/18/26 edition will become mandatory on September 18, 2026, with no grace period. Applicants filing on or after that date will have to use the new version.

Expanded Public Charge Questions

The most significant change is in the public charge section of the form.

Under the current I-485, applicants are asked about a limited group of public benefits, such as SSI and TANF. The new version instead asks whether the applicant has ever received any means-tested public benefit and requires additional information regarding those benefits, including a chart requesting details about the benefit received.

What About Consular Processing?

These changes apply to adjustment of status cases (green card cases) filed with USCIS and do not directly affect consular processing cases. The current public charge-related immigrant visa issuance pause affecting certain nationalities remains in effect, and there have been no significant Department of State updates regarding implementation of the new public charge framework at U.S. embassies and consulates.

As always, healthcare employers and foreign national employees with questions about these changes should contact their MU attorney regarding their specific circumstances.]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/636695-uscis-releases-new-form-i-485-effective-september-18-2026 https://discuss.ilw.com/blogs/cmusillo/636229-uscis-publishes-new-editions-of-forms-i-539-i-765-older-editions-will-be-rejected-starting-september-15 Tue, 18 Aug 2026 15:08:40 GMT USCIS will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization on September 15. The revised forms implement the recently published final rule ending the...
The revised forms will go into effect immediately on September 15 without any grace period. To assist applicants and practitioners in preparing for the transition, USCIS has published preview versions of the new forms and instructions.

USCIS will continue to accept the current editions of Form I-539 and I-765 if they are filed or postmarked before September 15. Beginning September 15, USCIS will reject prior editions of these forms and accept only the new 09/15/26 editions.

MU Law Analysis

This announcement is particularly important for:

• F-1 students filing extension, change of status, OPT, or STEM OPT-related applications;
• J-1 exchange visitors seeking extensions or changes of status;
• H-4, L-2, E dependent spouses, and other nonimmigrants filing Form I-539 or Form I-765;

Because USCIS will reject outdated editions without a transition period, employers and applicants should carefully verify that the correct edition is being used for any filing submitted around September 15, 2026. A rejected filing could result in falling out of status, employment authorization issues, or missed filing deadlines.

MU will continue monitoring USCIS guidance regarding implementation of the new Form I-539 and Form I-765 editions and the broader fixed-period admission rule that we will discuss on our upcoming Webinar on August 25 at 2 PM EST. If you have questions about an upcoming filing, please contact your MU attorney.]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/636229-uscis-publishes-new-editions-of-forms-i-539-i-765-older-editions-will-be-rejected-starting-september-15 https://discuss.ilw.com/blogs/cmusillo/634556-mu-files-consular-h-1bs-while-100k-fee-blocked Thu, 06 Aug 2026 19:47:41 GMT MU has started filing consular H-1B applications without the $100K fee payment in light of the $100K fee being blocked by the First Circuit Court of Appeals on July 24, 2026. MU continues to monitor the situation closely and will update on any... MU has started filing consular H-1B applications without the $100K fee payment in light of the $100K fee being blocked by the First Circuit Court of Appeals on July 24, 2026. MU continues to monitor the situation closely and will update on any developments in the three $100K fee lawsuits and USCIS adjudication trends. Please reach out to your MU attorney if you would like to move forward with filing cap exempt H-1Bs for individuals outside the US at this time. CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/634556-mu-files-consular-h-1bs-while-100k-fee-blocked https://discuss.ilw.com/blogs/cmusillo/633198-federal-court-eliminates-100-000-h-1b-fee-nationwide Mon, 27 Jul 2026 14:05:30 GMT denied the federal government's motion to stay the district court's June 8, 2026 order vacating the $100,000 H-1B fee. The case is State of California v. Mullin, No. 26-1699 (1st Cir.).

USCIS is expected shortly to release instructions on how employers can resume filing H-1B petitions, including H-1B cap petitions. What we know right now:

For any H-1B petition requiring consular notification that you were holding or budgeting for solely because of the $100,000 fee, you may proceed without including the fee for now.

Background

On September 19, 2025, President Trump issued Presidential Proclamation 10973, "Restriction on Entry of Certain Nonimmigrant Workers." The Proclamation required that consular processed H-1B petitions be accompanied by an additional $100,000 payment.

Three different lawsuits were filed challenging the President’s Proclamation. State of California v. Mullin is the furthest along. Friday's First Circuit appellate order reinstitutes District Court Judge Sorokin’s June 8 order, which had vacated the $100,000 fee policy in its entirety.

The June 8^th order was paused pending the government’s appeal. Friday's order doesn't end California v. Mullin because the government's merits appeal remains pending before the First Circuit. Still, Friday’s order suggests that it is skeptical of the government's position. While a reversal on the merits is possible, it appears unlikely.. The government could, of course, seek U.S. Supreme Court review.

Other Related Lawsuits

This is one of three litigation tracks we are monitoring on the $100,000 fee:

1. State of California v. Mullin — 1st Cir., No. 26-1699 (stay denied 7/24/26; merits appeal pending, Trump administration unlikely to win the merits appeal)
2. Chamber of Commerce v. DHS — D.C. Cir., No. 25-5473 (awaiting opinion)
3. Global Nurse Force v. Trump — N.D. Cal., No. 4:25-cv-08454 (preliminary injunction motion pending)

We will continue to monitor this situation, including the expected forthcoming USCIS guidance and the D.C. Circuit and N.D. Cal. Lawsuits. We will send further updates as developments warrant. Please contact your MU attorney with any questions.]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/633198-federal-court-eliminates-100-000-h-1b-fee-nationwide https://discuss.ilw.com/blogs/cmusillo/632335-august-2026-visa-bulletin-limited-movement-in-employment-based-categories Wed, 22 Jul 2026 19:08:33 GMT The Department of State has just issued the August 2026 Visa Bulletin (https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2026/visa-bulletin-for-august-2026.html). This blog post analyzes this month’s Visa Bulletin. Visa... August 2026 Visa Bulletin. This blog post analyzes this month’s Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates — Applications with these dates may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01JUL23	15OCT22	C	C
2nd	C	01SEP21	U	C	C
3rd	01SEP24	01JAN22	01JAN14	01SEP24	01AUG23

Table B: Adjustment of Status Filing Chart

USCIS will continue to use the Table A Final Action chart for I-485 employment-based filings in August 2026. See: USCIS Visa Bulletin Dates

MU Law Analysis

The August Visa Bulletin saw very little movement compared to July:

• EB-3 All Chargeability Areas advanced by one month.
• EB-3 Mexico advanced by one month.
• EB-1 China advanced by one month.
• EB-3 China advanced by 10 days.
• All other employment-based categories remained unchanged.

The Visa Bulletin continues to highlight that recent advancement in priority dates was driven in part by reduced demand, including the impact of prior immigration restrictions and travel bans. As those constraints ease and demand increases, the government is now adjusting through tighter visa control, including category closures and notes the risk of retrogression. Looking ahead, the Department of State has indicated that further retrogression or unavailability remains possible.

The Visa Bulletin suggests that India EB-1 might become unavailable in the coming weeks.

EB-2 remains current for all countries except India and China but it might become necessary to retrogress the final action date or make the category unavailable prior to the end of the fiscal year.
]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/632335-august-2026-visa-bulletin-limited-movement-in-employment-based-categories https://discuss.ilw.com/blogs/cmusillo/631994-dhs-final-rule-will-end-“duration-of-status”-for-f-1-and-j-1-nonimmigrants Mon, 20 Jul 2026 19:22:35 GMT On July 17, 2026, the Department of Homeland Security (DHS) published a final rule (https://www.dhs.gov/news/2026/07/16/trump-administration-issues-final-rule-end-foreign-student-visa-abuse) that will give F-1 students and J-1 exchange visitors a... published a final rule that will give F-1 students and J-1 exchange visitors a specific date by which they must either leave the United States or take steps to extend or change their immigration status. This replaces the long-standing “Duration of Status” system and will take effect on September 15, 2026.

For decades, F-1 students and J-1 exchange visitors were generally admitted for the duration of their academic or exchange program rather than until a specific expiration date. As long as they maintained status and their school or program sponsor properly updated their records, they could usually remain in the United States without filing extension requests with USCIS.

Beginning September 15, 2026, students and exchange visitors will instead be admitted for a fixed period of stay. For F-1 students, the admission period will generally be based on the program length listed on Form I-20, up to a maximum of four years, plus limited arrival and departure periods. Students needing additional time will need to file an Extension of Stay application with USCIS or depart the United States and obtain an extended I-94 card.

Other important changes include:

• Extension of Stay applications may be required for program extensions, new degree programs, OPT, and STEM OPT.
• The F-1 grace period will be reduced from 60 days to 30 days.
• New restrictions will apply to certain transfers, changes in educational level, and changes of major or educational objectives.
• Schools and students should expect additional USCIS filings, increased costs, and greater compliance obligations.

The rule contains transition provisions for students already in F-1 status when it takes effect. However, international students, educational institutions, and employers should begin preparing now for a more filing-intensive immigration process.

As always, if you have specific questions about your case, please reach out to your MU attorney. ]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/631994-dhs-final-rule-will-end-“duration-of-status”-for-f-1-and-j-1-nonimmigrants https://discuss.ilw.com/blogs/cmusillo/631403-dhs-rescinds-2022-public-charge-rule-what-employers-and-green-card-applicants-should-know Fri, 17 Jul 2026 15:27:47 GMT DHS announced it will publish a final rule on July 20 rescinding the 2022 Public Charge Rule and returning to a broader interpretation of the public charge ground of inadmissibility. The rule is scheduled to take effect on September 18, 2026, and...
Under the 2022 rule, USCIS officers were generally limited in the types of public benefits they could consider when evaluating whether an individual was likely to become a public charge. The new rule removes those restrictions and restores a broader totality-of-the-circumstances analysis. USCIS may consider factors such as an applicant's age, health, family status, assets and resources, financial status, education, skills, and receipt of means-tested public benefits when making a public charge determination.

Importantly, benefits received before September 18, 2026 generally will continue to be evaluated under the more limited 2022 framework.

What Does This Mean for Employment-Based Cases?

For most employment-based immigrants, the practical impact of this rule may be limited. Individuals pursuing permanent residence through an employer typically have a permanent job offer and a clear means of financial support, factors that generally weigh favorably in a public charge analysis. As always, each case is unique. If you have questions about how the new public charge rule may affect a pending or future immigration case, please contact our office. We will continue to monitor developments and provide updates as USCIS releases additional guidance regarding implementation of the new public charge framework.
]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/631403-dhs-rescinds-2022-public-charge-rule-what-employers-and-green-card-applicants-should-know https://discuss.ilw.com/blogs/cmusillo/628919-supreme-court-reaffirms-birthright-citizenship Thu, 02 Jul 2026 13:11:31 GMT In a significant immigration decision, the U.S. Supreme Court struck down President Trump’s Executive Order seeking to limit birthright citizenship for certain children born in the United States. In Trump v. Barbara... Trump v. Barbara, decided on June 30, 2026, the Court held that children born in the United States to parents who are unlawfully present or temporarily present in the country ARE U.S. citizens at birth under the Fourteenth Amendment.

What Was the Executive Order?

On January 20, 2025, President Trump issued Executive Order seeking to deny U.S. citizenship to certain children born in the United States, specifically if their parents were either unlawfully present or in a temporary immigration status, like F-1 or H-1B, at the time of the child’s birth. Multiple lawsuits were filed challenging the Order and the Supreme Court ultimately agreed to hear the case.

The Supreme Court’s Decision

In a 5-4 decision authored by Chief Justice Roberts, the Court concluded that the Executive Order conflicts with the Fourteenth Amendment. The Court found no support in the constitutional text for limiting citizenship based on a parent’s immigration status, temporary presence, or domicile. The Court held that children born in the United States to parents who are unlawfully present or temporarily present satisfy the requirements of the Fourteenth Amendment and accordingly, they are citizens at birth.

What Does This Mean Going Forward?

Birthright citizenship remains unchanged. The decision provides clarity on an issue that has been the subject of significant political and legal debate. Children born in the United States generally acquire U.S. citizenship at birth regardless of whether their parents are U.S. citizens, lawful permanent residents, temporary visa holders, or undocumented immigrants.
]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/628919-supreme-court-reaffirms-birthright-citizenship https://discuss.ilw.com/blogs/cmusillo/627623-government-asks-appeals-court-to-keep-h-1b-fee-in-place-while-lawsuit-continues Tue, 23 Jun 2026 13:09:24 GMT
On June 18, 2026, the federal government filed an emergency request with the U.S. Court of Appeals for the First Circuit asking the court to temporarily keep the fee in place while the appeal moves forward. The filing met the deadline established by the district court after its earlier ruling against the fee.

How Did We Get Here?

Here is a timeline of the key developments:

• September 19, 2025: President Trump issued a Proclamation requiring a $100,000 payment for certain new H‑1B petitions.
• December 12, 2025: A group of states, led by California, filed a lawsuit challenging the fee and the agency guidance implementing it.
• June 8, 2026: A federal judge in Massachusetts ruled that the government lacked authority to impose the $100,000 fee and ordered the implementing guidance set aside.
• Shortly after the decision: The federal government appealed the ruling to the First Circuit and asked the district court to pause the effect of the ruling, keeping the fee in place while the appeal proceeded.
• June 12, 2026: The district court declined to grant a full stay but temporarily delayed the effect of its decision, keeping the fee in place, while the government asked the First Circuit appellate court to keep the fee in place during the appeal process.
• June 18, 2026: The government filed its emergency motion with the First Circuit asking the appellate court to keep the fee in place while the appeal is pending.

What Is the Government Arguing?

The government argues that the President has broad authority under the immigration laws to place restrictions on the entry of foreign nationals and that the $100,000 payment requirement falls within that authority. The government also contends that allowing the district court's ruling to take effect now could undermine the Administration's policy objectives before the appeal is fully resolved.

What Happens Next and What Should Employers Watch?

The First Circuit's next decision will determine whether the $100,000 fee remains in effect while the appeal continues. In the coming days, the court may:

• Temporarily extend the current pause while it reviews the government's request;
• Allow the states challenging the fee to file a response; or
• Issue a decision on whether the fee will remain in effect during the appeal.

Importantly, the First Circuit is not yet deciding whether the fee is ultimately lawful. The immediate question is whether the fee should remain in place while the larger appeal works its way through the courts.

There is also a separate challenge to the same fee requirement filed by the U.S. Chamber of Commerce in Washington, D.C. The Chamber case has already been argued before the appellate court in the D.C. Circuit, and a decision is still pending. While there is no guarantee as to timing, the D.C. Circuit may issue its decision before the June 30 H‑1B filing deadline.

For now, the fee remains in place, and we continue to monitor both cases closely. The next few weeks should bring important developments that affect H‑1B filing strategies, timing, and costs.]]> CMusillo CMusillo https://discuss.ilw.com/blogs/cmusillo/627623-government-asks-appeals-court-to-keep-h-1b-fee-in-place-while-lawsuit-continues