U.S. Supreme Court Strikes Down Executive Order Limiting Birthright Citizenship

What’s Happening

On June 30, 2026, the U.S. Supreme Court issued its decision in Trump v. Barbara, holding that the Fourteenth Amendment guarantees U.S. citizenship to children born in the United States regardless of whether their parents are present in the United States temporarily (including in nonimmigrant status) or without lawful immigration status. 

In this 6-3 decision, the Court struck down President Trump's January 20, 2025 Executive Order 14160, reaffirming more than 125 years of Supreme Court precedent recognizing birthright citizenship under the Citizenship Clause of the Fourteenth Amendment.

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Supreme Court Decision Increases Travel Risks for Certain Green Card Holders

What’s Happening

On June 23, 2026, the Supreme Court issued a decision in Blanche v. Lau that will have a significant impact on certain lawful permanent residents (“green card holders” or “LPRs”) with prior criminal histories coming back into the U.S. after traveling abroad.

The old rule

Before the Supreme Court’s decision, green card holders returning from a short trip abroad were generally treated as “returning residents” (e.g., people already living in the U.S.) rather than as “applicants for admission” (e.g., new applicants trying to enter). This distinction mattered significantly, because:

  • Returning residents are generally admitted without much scrutiny from CBP, and if any issue arose later, the government had to proceed under the more favorable rules that apply to people already living here (the rules governing deportability).

  • Applicants for admission, by contrast, are treated as if arriving at the border for the first time, and are held to a stricter set of rules governing who may enter (the rules governing admissibility).

Even under the old framework, CBP could treat a returning green card holder as an applicant for admission in certain situations including where officers already had “clear and convincing evidence” that the person had committed certain serious crimes, most commonly a Crime Involving Moral Turpitude or “CIMT” (a crime seen as dishonest or immoral, such as fraud) or a drug-related offense. The existence of a pending criminal case alone did not necessarily mean that an LPR would be treated as an applicant for admission. Rather, CBP needed clear and convincing evidence that the individual had committed a qualifying offense at the time of reentry. 

The new rule

The Supreme Court held that CBP officers are not required to possess “clear and convincing evidence” of relevant criminal activity at the time of a green card holder’s reentry before treating that individual as an applicant for admission rather than a returning resident. Instead, the government may present its full evidence later, during separate immigration court proceedings before an immigration judge, rather than needing it upfront at the airport or border crossing.

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Proposed Rule Eliminating F-1 and J-1 "Duration of Status" Admission Nears Final Publication

What’s Happening

On June 17, 2026, the White House office that reviews new regulations before they take effect completed its review of the Department of Homeland Security’s (DHS) final rule entitled "Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media", but only after requiring some changes to the original draft. 

The completion of this review represents a significant milestone in the rulemaking process and indicates that public release of the final rule may be imminent. However, the final regulatory text has not yet been released to the public.

The proposed rule, initially published in August 2025, seeks to change how long international students (F-1), exchange visitors (J-1), and foreign media representatives (I) are allowed to stay in the U.S. Right now, many of these visa holders are admitted through “duration of status” meaning that they get to stay for as long as they remain enrolled in school or maintain their program status, with no fixed end date. This rule would instead give them a specific, fixed expiration date on their stay, after which they would need to formally apply for an extension if they want to remain longer.

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Legal Update: $100,000 H-1B Fee Remains in Effect For Now Pending Appeal

What's Happening

Since our June 8 Alert and June 15 Update, the litigation surrounding the $100,000 H-1B fee has continued to quickly evolve.

As we previously discussed, the U.S. District Court for the District of Massachusetts temporarily stayed its June 8 order vacating the fee requirement and gave the government until June 18, 2026 to seek further relief from the U.S. Court of Appeals for the First Circuit.

On June 18, 2026, the government timely filed an emergency request asking the First Circuit Court of Appeals to pause the lower court’s ruling while the appeal moves forward. As a result, the temporary pause stays in place while the appeals court reviews the request, meaning that the $100,000 H-1B fee remains in effect for now while the First Circuit considers whether the pause should be extended while the appeals process plays out.

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July 2026 Department of State Visa Bulletin Summary

The Department of State has released the July 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In July 2026, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart.

To be eligible to file an adjustment of status application in July 2026, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

Employment-Based Application Final Action Dates
Employment-Based All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
1st C 01JUN23 15OCT22 C C
2nd C 01SEP21 U C C
3rd 01AUG24 22DEC21 01JAN14 01AUG24 01AUG23
Other Workers 01MAR22 01APR19 01JAN14 01MAR22 01DEC21
4th 15SEP22 15SEP22 15SEP22 15SEP22 15SEP22
Certain Religious Workers 15SEP22 15SEP22 15SEP22 15SEP22 15SEP22
5th Unreserved
(including C5, T5, I5, R5, NU, RU)		 C 01DEC16 U C C
5th Set Aside:
Rural (20%, including NR, RR)		 C C C C C
5th Set Aside:
High Unemployment (10%, including NH, RH)		 C C C C C
5th Set Aside:
Infrastructure (2%, including RI)		 C C C C C
Employment-Based Application Filing Dates
Employment-Based All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
1st C 01DEC23 01DEC23 C C
2nd C 01JAN22 15JAN15 C C
3rd C 01JAN22 15JAN15 C 01JAN24
Other Workers 01AUG22 01OCT19 15JAN15 01AUG22 01AUG22
4th 01JAN23 01JAN23 01JAN23 01JAN23 01JAN23
Certain Religious Workers 01JAN23 01JAN23 01JAN23 01JAN23 01JAN23
5th Unreserved
(including C5, T5, I5, R5)		 C 01MAR17 01MAY24 C C
5th Set Aside:
(Rural: NR, RR - 20%)		 C C C C C
5th Set Aside:
(High Unemployment: NH, RH - 10%)		 C C C C C
5th Set Aside:
(Infrastructure: RI - 2%)		 C C C C C
Family-Based Application Final Action Dates
Family-Sponsored All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
F1 01FEB18 01FEB18 01FEB18 08NOV07 01MAY13
F2A 01JAN25 01JAN25 01JAN25 01JAN24 01JAN25
F2B 22NOV17 22NOV17 22NOV17 15FEB09 15MAY13
F3 15APR12 15APR12 15APR12 01JUN01 22FEB06
F4 01JAN09 01JAN09 01NOV06 08APR01 01AUG07
Family-Based Application Filing Dates
Family-Sponsored All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
F1 01JAN19 01JAN19 01JAN19 01OCT08 22APR15
F2A C C C C C
F2B 08JUN18 08JUN18 08JUN18 15MAY10 01OCT13
F3 08DEC12 08DEC12 08DEC12 15JUL01 08AUG06
F4 01MAR10 01MAR10 15DEC06 30APR01 22MAR08

The EB-1 Final Action Date for India retrogressed to October 15, 2022 and China advanced to June 1, 2023. All other countries will remain current.

The EB-2 Final Action Date for India is unavailable, meaning that all immigrant visas under this category for nationals of India have been exhausted for this financial year. The Final Action Date for China remains September 1, 2021. The Final Action Date for nationals of all other countries will remain current under the June 2026 visa bulletin.

The EB-3 Professional/Skilled Worker Final Action Date for India will be January 1, 2014. The Final Action Date for China advanced to December 22, 2021. The Final Action Date for the Philippines remains August 1, 2023, and the Final Action Date for Mexico will be August 1, 2024. The Final Action Date for nationals of all other countries except India, China, and Philippines, and Mexico advanced to August 1, 2024.

The EB-4 category Final Action Date for nationals of all countries will be September 15, 2022. Additionally, the Final Action Date for nationals of all countries under the Certain Religious EB-4 category will be September 15, 2022.

With respect to the Final Action Date for the EB-5 Unreserved categories, India is unavailable, meaning that all immigrant visas under this category for nationals of India have been exhausted for this financial year. The Final Action Date for China advanced to December 1, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will also remain current for all countries.

Legal Update: District Court Temporarily Pauses Order Vacating $100,000 H-1B Fee

What's Happening

Since our June 8 Alert, the litigation surrounding the $100,000 H-1B fee has evolved quickly.

On June 12, 2026, the U.S. District Court for the District of Massachusetts temporarily paused its June 8 order vacating the $100,000 H-1B fee requirement. The pause is temporary and will only last through June 18, 2026 while the government seeks appellate review before the U.S. Court of Appeals for the First Circuit. As a result, the June 8 vacatur is currently paused and the fee requirement remains in effect until at least June 18, 2026.

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U.S. District Court Declares $100,000 H-1B Fee Unlawful

What’s Happening

On Monday, June 8, 2026, a federal district court in Massachusetts vacated the $100,000 H-1B payment requirement imposed by President Trump's Proclamation 10973, signed on September 19, 2025. The policy is declared unlawful and unenforceable effective immediately. 

What You Need to Know

The court struck down the policy on three independent grounds. 

First, the $100,000 payment is an unconstitutional tax. Only Congress has the power to levy taxes, and Congress never delegated that power to the President through the immigration statutes he relied on. The court drew on the Supreme Court’s 2026 ruling in Learning Resources v. Trump, which reached the same conclusion about International Emergency Economic Powers Act (IEEPA) tariffs.

Second, the agencies exceeded their statutory authority. No law authorized USCIS or the State Department to impose a $100,000 tax. Rather, the existing fee-setting authority in the immigration statutes covers only cost-recovery adjudication fees. 

Third, the policy was arbitrary and capricious. The agencies implemented it without any reasoned explanation, without assessing employers’ reliance interests, and without considering its impact on healthcare and education.

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U.S. District Judge Strikes Down USCIS Processing Freeze as Unlawful

What’s Happening

A federal court today invalidated four separate United States Citizenship and Immigration Service (USCIS) policies that have been freezing immigration benefit applications for nationals of 39 countries subject to the Trump administration's Travel Ban. These freezes, in place since late 2025, have prevented USCIS from issuing final decisions on work permits, nonimmigrant work visas, green cards, and naturalization filings, leaving thousands of employees, workers, and families in prolonged legal uncertainty and facing potential lapses in immigration status and work authorization. The specific policies the decision struck down include the:

  • Global Asylum Hold Policy: suspended adjudication of all asylum and withholding-of-removal applications, regardless of country of origin.

  • Benefits Hold Policy: froze adjudication of green card, work permit, and other immigration benefit applications for nationals of Travel Ban countries.

  • Comprehensive Re-Review Policy: required re-examination of already-approved benefits for Travel Ban country nationals who entered the U.S. on or after January 20, 2021.

  • Country-Specific Factors Policy: directed USCIS officers to treat an applicant's national origin as a "significant negative factor" when adjudicating discretionary benefits.

All four policies were vacated by the court and deemed to be an arbitrary, capricious, and unlawful overreach of executive authority.

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USCIS Appears to Walk Back Impact of AOS Policy Memo Following Heavy Backlash

What’s Happening

On Friday, May 29, 2026, one week after issuing a Policy Memorandum (“PM”) directing that consular processing should be the primary path to permanent residence and characterizing adjustment of status as an “extraordinary act of administrative grace,” USCIS appears to be walking back the PM's sweeping implications for how adjustment of status applications are adjudicated.

As reported by The New York Times and other major media outlets, an unnamed agency spokesperson clarified on Friday that the PM was not meant to be a blanket change in how adjustment of status applications are adjudicated but, instead was “just a reminder to officers of their discretionary authority, which has always existed on a case-by-case basis.”

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USCIS Issues Major Policy Guidance on Discretionary Denials in Adjustment of Status Cases

What’s Happening

On May 21, 2025, U.S. Citizenship and Immigration Services (USCIS) announced the issuance of Policy Memorandum PM-602-0199 (“PM”), providing sweeping new guidance on the exercise of discretion in adjustment of status (AOS) applications under INA § 245. This memorandum represents a significant shift in USCIS adjudication policy, emphasizing that adjustment of status is a privilege, not a right, and that discretionary denials should be used more robustly even where applicants are otherwise statutorily eligible.

This guidance will have immediate and substantial implications for employers sponsoring foreign national workers for permanent residence, particularly those with employees who have any criminal history, immigration violations, or other potentially negative factors in their record. While the PM will have implications for all types of adjustment of status applications, this post focuses primarily on the impact of the PM on employment-based filings.

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USCIS Issues New Regulation on Signature Requirements for Immigration Benefit Requests

What’s Happening

USCIS has announced an Interim Final Rule (IFR), effective July 10, 2026, clarifying its position on immigration benefit requests with invalid signatures. This regulation aims to strengthen the immigration process but raises concerns for applicants and employers.

Under the new rule, if a request is accepted but later challenged due to signature validity, USCIS “may” reject or deny the request and retain the filing fee upon denial. This change is intended to deter improper practices like copy-pasting signatures and to maintain the integrity of the application queue, particularly in limited categories. However, many see the fee retention as a punitive measure rather than a straightforward correction.

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June 2026 Department of State Visa Bulletin Summary

The Department of State has released the June 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates.

Employment-Based Application Final Action Dates
Employment-Based All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
1st C 01APR23 15DEC22 C C
2nd C 01SEP21 01SEP13 C C
3rd 01JUN24 01AUG21 15DEC13 01JUN24 01AUG23
Other Workers 01FEB22 01APR19 15DEC13 01FEB22 01NOV21
4th 15JUL22 15JUL22 15JUL22 15JUL22 15JUL22
Certain Religious Workers 15JUL22 15JUL22 15JUL22 15JUL22 15JUL22
5th Unreserved
(including C5, T5, I5, R5, NU, RU)		 C 22SEP16 01MAY22 C C
5th Set Aside:
Rural (20%, including NR, RR)		 C C C C C
5th Set Aside:
High Unemployment (10%, including NH, RH)		 C C C C C
5th Set Aside:
Infrastructure (2%, including RI)		 C C C C C
Employment-Based Application Filing Dates
Employment-Based All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
1st C 01DEC23 01DEC23 C C
2nd C 01JAN22 15JAN15 C C
3rd C 01JAN22 15JAN15 C 01JAN24
Other Workers 01AUG22 01OCT19 15JAN15 01AUG22 01AUG22
4th 01JAN23 01JAN23 01JAN23 01JAN23 01JAN23
Certain Religious Workers 01JAN23 01JAN23 01JAN23 01JAN23 01JAN23
5th Unreserved
(including C5, T5, I5, R5)		 C 01MAR17 01MAY24 C C
5th Set Aside:
(Rural: NR, RR - 20%)		 C C C C C
5th Set Aside:
(High Unemployment: NH, RH - 10%)		 C C C C C
5th Set Aside:
(Infrastructure: RI - 2%)		 C C C C C
Family-Based Application Final Action Dates
Family-Sponsored All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
F1 01SEP17 01SEP17 01SEP17 08NOV07 01MAY13
F2A 01JAN25 01JAN25 01JAN25 01JAN24 01JAN25
F2B 22SEP17 22SEP17 22SEP17 15FEB09 08APR13
F3 15FEB12 15FEB12 15FEB12 01MAY01 22NOV05
F4 08NOV08 08NOV08 01NOV06 08APR01 15JUL07
Family-Based Application Filing Dates
Family-Sponsored All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
F1 01OCT18 01OCT18 01OCT18 01OCT08 22APR15
F2A C C C C C
F2B 22MAR18 22MAR18 22MAR18 15MAY10 01OCT13
F3 08DEC12 08DEC12 08DEC12 15JUL01 08AUG06
F4 22DEC09 22DEC09 15DEC06 30APR01 22MAR08

In June 2026, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart.

To be eligible to file an adjustment of status application in June 2026, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India retrogressed to December 15, 2022 and China remains April 1, 2023. All other countries will remain current.

The EB-2 Final Action Date for India advanced nearly 14 months to September 1, 2013. The Final Action Date for China remains September 1, 2021. The Final Action Date for nationals of all other countries will remain current under the June 2026 visa bulletin.

The EB-3 Professional/Skilled Worker Final Action Date for India advanced one month to December 15, 2013. The Final Action Date for China advanced to August 1, 2021. The Final Action Date for the Philippines remains August 1, 2023. The Final Action Date for nationals of all other countries except India, China, and Philippines remains June 1, 2024.

The EB-4 category Final Action Date for nationals of all countries remains July 15, 2022. Additionally, the Certain Religious EB-4 category for nationals of all countries will remain at July 15, 2022.

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at May 1, 2022, and China will remain at September 22, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will also remain current for all countries.

USCIS Implements Enhanced Security Checks: Implications for Employment-Based Filings

What’s Happening

Various news outlets and the American Immigration Lawyers Association (AILA) have confirmed that recent internal guidance from the U.S. Citizenship and Immigration Services (USCIS) signals a significant shift in adjudication procedures that will directly affect employment-based immigration processes. According to reporting by CBS News, the agency is now requiring expanded FBI background checks for a broad range of immigration benefits, including adjustment of status (Form I-485) and naturalization applications. 

In response to media inquiries, USCIS has stated that “any delay in decision issuance should be brief and resolved shortly.” However, given the practical implications of re-vetting cases, the current length of the expected delays is unknown.

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Department of Status May 2026 Visa Bulletin Summary

The Department of State has released the May 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates.

Employment-Based – Final Action Dates
Category All China India Mexico Philippines
EB-1C01APR2301APR23CC
EB-2C01SEP2115JUL14CC
EB-301JUN2415JUN2115NOV1301JUN2401AUG23
Other Workers01FEB2201FEB1915NOV1301FEB2201NOV21
EB-415JUL2215JUL2215JUL2215JUL2215JUL22
EB-5 UnreservedC01SEP1601MAY22CC
Employment-Based – Filing Dates
Category All China India Mexico Philippines
EB-1C01DEC2301DEC23CC
EB-2C01JAN2215JAN15CC
EB-3C01JAN2215JAN15C01JAN24
Other Workers01AUG2201OCT1915JAN1501AUG2201AUG22
EB-401JAN2301JAN2301JAN2301JAN2301JAN23
EB-5 UnreservedC01MAR1701MAY24CC
Family-Based – Final Action Dates
Category All China India Mexico Philippines
F101SEP1701SEP1701SEP1715AUG0701MAY13
F2A01AUG2401AUG2401AUG2401AUG2401AUG24
F2B22MAY1722MAY1722MAY1715FEB0908APR13
F315FEB1215FEB1215FEB1201MAY0122NOV05
F415SEP0815SEP0801NOV0608APR0115JUL07
Family-Based – Filing Dates
Category All China India Mexico Philippines
F101OCT1801OCT1801OCT1801OCT1822APR15
F2ACCCCC
F2B01JAN1801JAN1801JAN1815MAY1001OCT13
F308DEC1208DEC1208DEC1215JUL0108AUG06
F401SEP0901SEP0915DEC0630APR0122MAR08

Summary

In May 2026, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates For Employment-Based Preference chart.

To be eligible to file an adjustment of status application in May 2026, foreign nationals must have a priority date that is earlier than that listed on the Final Action Dates chart.

The EB-1 Final Action Date for India and China remains April 1, 2023. All other countries will remain current.

The EB-2 Final Action Date for India remains July 15, 2014. The Final Action Date for China remains September 1, 2021. The Final Action Date for nationals of all other countries will remain current under the May 2026 visa bulletin.

The EB-3 Professional/Skilled Worker Final Action Date for India remains November 15, 2013. The Final Action Date for China remains June 15, 2021. The Final Action Date for the Philippines remains August 1, 2023. The Final Action Date for nationals of all other countries except India, China, and Philippines remains June 1, 2024.

The EB-4 category Final Action Date for nationals of all countries remains July 15, 2022. Additionally, the Certain Religious EB-4 category for nationals of all countries will remain at July 15, 2022.

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at May 1, 2022, and China will advance by three weeks to September 22, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will also remain current for all countries.

Recent Trends in Consular Visa Processing: What Employers Need to Know

What’s Happening

Recent updates and reports from the American Immigration Lawyers Association (AILA), the Department of State (DOS), and U.S. Citizenship and Immigration Services (USCIS) indicates that consular visa processing is becoming more complex and less predictable under the Trump Administration.

Key trends include:

  • Uneven appointment availability across posts

  • Increased adjudication scrutiny

  • Expanded online vetting and background reviews for certain visa categories

Notable developments include:

  • Significant delays for employment-based nonimmigrant and immigrant visa interviews and E visa adjudications at certain posts

  • Continued uncertainty around immigrant visa bans and DOS-issued pauses

  • New online processing for certain employment-based immigrant visas at the National Visa Center (NVC)

  • Expanded visa bond requirements for some B-1/B-2 applicants

  • Ongoing travel disruptions affecting consular operations in parts of the Middle East

Key Takeaway:

Employers should expect consular processing to remain highly post-specific, more heavily vetted, and harder to predict than in prior years. However, with early planning, proactive case strategy, and careful coordination around travel and timing, many of these challenges can still be managed successfully.

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D&S Travel Advisory for F-1 Students with H-1B Registration Selections

What's Happening

If you are an F-1 student who has been selected in this year's H-1B lottery, congratulations! However, before you make any summer travel plans, it is important to understand that your H-1B status will not take effect until October 1st, and traveling internationally before that date requires careful planning.

The period between now and October 1st comes with important considerations that can affect your ability to reenter the United States and maintain your work authorization. With recent policy changes, including new social media background checks and increased scrutiny at the border, it is more important than ever to make sure you fully understand the risks before booking any international travel.

This advisory breaks down what you need to know to make informed decisions about traveling abroad this summer.

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DOL Proposes Significant Increase to Prevailing Wage Levels for H-1B, H-1B1, E-3, and PERM Program

What’s Happening

The Department of Labor (DOL) has issued a Notice of Proposed Rulemaking (NPRM) that would significantly increase prevailing wage requirements across the H-1B, H-1B1, E-3, and PERM programs. This NPRM is expected to be published in the Federal Register on March 27, 2026. The proposed rule, issued under the title “Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States,” will be subject to a 60-day public comment period following its publication in the Federal Register.

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Department of State April 2026 Visa Bulletin Summary

The Department of State has released the April 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In April 2026, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing of Employment-Based Preference chart.

To be eligible to file an adjustment of status application in April 2026, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Date for Filing for India and China remains December 1, 2023. All other countries will remain current.

The EB-2 Date for Filing for India will advance by two and a half months, to January 15, 2015. The Date for Filing for China remains January 1, 2022. The Date for Filing for nationals of all other countries will remain current under the April 2026 visa bulletin.

The EB-3 Professional/Skilled Worker Date for Filing for India will advance by five months to January 15, 2015. The Date for Filing for China remains January 1, 2022. The Date for Filing for the Philippines remains January 1, 2024. The Date for Filing for nationals of all other countries except India, China, and Philippines will advance by over fourteen months and become current.

The EB-4 category Date for Filing for nationals of all countries remains January 1, 2023. Additionally, the Certain Religious EB-4 category for nationals of all countries will remain at January 1, 2023.

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at May 1, 2022, and China will advance by two weeks to September 1, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will also remain current for all countries.

Department of State March 2026 Visa Bulletin Summary

The Department of State has released the March 2026 Visa Bulletin. D&S provides a Monthly Summary of the employment-based priority dates. In March 2026, USCIS will accept employment-based adjustment of status applications based on the Dates for Filing of Employment-Based Preference chart. 

To be eligible to file an adjustment of status application in March 2026, foreign nationals must have a priority date that is earlier than that listed on the Dates for Filing chart.

The EB-1 Date for Filing for India and China will advance to December 1, 2023. All other countries will remain current. 

The EB-2 Date for Filing for India will advance to November 1, 2014 and the Date for Filing for China remains January 1, 2022. The Date for Filing for nationals of all other countries is current under the March 2026 visa bulletin.

The EB-3 Professional/Skilled Worker Date for Filing for India will remain at August 15, 2014, and the Date for Filing for China will remain at January 1, 2022. The Date for Filing for nationals of  all other countries will advance to January 15, 2024. 

The EB-4 category Date for Filing for nationals of all countries will advance to January 1, 2023.. Additionally, the Certain Religious EB-4 category for nationals of all countries will advance to January 1, 2023.

With respect to the Final Action Date for the EB-5 Unreserved categories, India will remain at May 1, 2024, and China will advance to October 1, 2016. All other countries will remain current. The EB-5 “Set-Aside” categories (Rural, High unemployment, and Infrastructure) will remain current for all countries.

10 Best Practices for Avoiding the $100,000 H-1B Fee this Cap Season

The guidance below is intended to help employers and employees navigate the H-1B filing process, avoid potential pitfalls, and provide clarity regarding if and when the $100,000 fee may apply to a particular petition. However, we strongly recommend discussing the specific facts of each individual case with your attorney at D&S. 

Why is The H-1B Filing Process This Year Different?

In addition to the changes in the H-1B lottery discussed here, the introduction of the $100,000 fee for certain H-1B petitions has made the post-selection phase of the H-1B cap process more nuanced than in prior years. The new rules governing the $100,000 H-1B fee mean that routine cap-season decisions, such as filing strategy, employee location and status at the time of filing, and international travel during the filing process, now require even more deliberate planning. 

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