Recent reports indicate that U.S. Immigration and Customs Enforcement (“ICE”) has increased enforcement activity at airports across the United States, including in connection with domestic air travel.
Read MoreUpdate: First Circuit Denies Request to Stay Order Vacating $100,000 H-1B Fee
On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the federal government’s request to stay a district court order vacating the policy that implemented the $100,000 H-1B payment requirement.
The $100,000 payment requirement should no longer apply while the appeal is pending.
Because the First Circuit declined to keep the district court’s order on hold, USCIS should no longer assess the additional $100,000 payment under the vacated policy unless a later court order changes the current status.
Read MoreNew Public Charge Rule Takes Effect September 18, 2026: What Green Card Applicants Need to Know
What's Happening
On July 20, 2026, the Department of Homeland Security (DHS) published a final rule that rescinds the 2022 public charge regulations. The “public charge” rule is the test the government uses to decide whether someone applying for a green card or admission to the United States is likely to depend on government support in the future. If the government decides someone is likely to become a public charge, it can deny the green card or entry.
The new rule, which takes effect on September 18, 2026, removes the clear definitions and protections adopted in 2022 and gives immigration officers much broader discretion. Importantly, the new rule also greatly expands the list of government benefits that can count against an applicant. Under the 2022 rule, only cash assistance and long-term institutional care mattered. Under the new rule, officers can consider any “means-tested” benefit, meaning any government program with an income limit, including Medicaid, SNAP (food stamps), CHIP, and housing assistance. A chart comparing the new and former public charge rules can be found here.
Read MoreDHS Finalizes Rule Ending “Duration of Status” for F-1 Students and J-1 Exchange Visitors
What’s Happening
As recently discussed in our client alert, the Department of Homeland Security (DHS) has now finalized a rule replacing “duration of status,” or “D/S,” admissions for F-1 students and J-1 exchange visitors with fixed periods of admission.
F-1 and J-1 nonimmigrants will generally be admitted through the lesser of their program end date on their Form I-20 or Form DS-2019, or four years. In addition, following the effective date of the rule, F-1 students' post completion departure period or “grace period” will be reduced from 60 days to 30 days. Where applicable, the admission period may also include post-completion practical training. Individuals who need additional time will generally need to file an extension of stay with U.S. Citizenship and Immigration Services (USCIS) or depart the United States and seek readmission.
Read MoreNew USCIS Signature Rule & Adverse Consequences of Noncompliance
What’s Happening
Effective July 10, 2026, U.S. Citizenship and Immigration Services (“USCIS”) implemented a new interim final rule and corresponding policy guidance addressing signature requirements for immigration benefit requests.
Although USCIS has long required valid signatures on applications, petitions, and other filings, the new rule significantly increases the consequences of a signature deficiency. USCIS may now reject or deny a filing if it determines that the filing was not properly signed, including after USCIS has already accepted the filing, processed the filing fee, and issued a receipt notice.
Read MoreU.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.
Read MoreSupreme 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.
Read MoreProposed 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.
Read MoreLegal 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.
Read MoreJuly 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.
Read MoreU.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.
Read MoreU.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.
Read MoreUSCIS 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.”
Read MoreUSCIS 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.
Read MoreUSCIS 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.
Read MoreJune 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.
Read MoreDepartment 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-1 | C | 01APR23 | 01APR23 | C | C |
| EB-2 | C | 01SEP21 | 15JUL14 | C | C |
| EB-3 | 01JUN24 | 15JUN21 | 15NOV13 | 01JUN24 | 01AUG23 |
| Other Workers | 01FEB22 | 01FEB19 | 15NOV13 | 01FEB22 | 01NOV21 |
| EB-4 | 15JUL22 | 15JUL22 | 15JUL22 | 15JUL22 | 15JUL22 |
| EB-5 Unreserved | C | 01SEP16 | 01MAY22 | C | C |
Employment-Based – Filing Dates
| Category | All | China | India | Mexico | Philippines |
|---|---|---|---|---|---|
| EB-1 | C | 01DEC23 | 01DEC23 | C | C |
| EB-2 | C | 01JAN22 | 15JAN15 | C | C |
| EB-3 | C | 01JAN22 | 15JAN15 | C | 01JAN24 |
| Other Workers | 01AUG22 | 01OCT19 | 15JAN15 | 01AUG22 | 01AUG22 |
| EB-4 | 01JAN23 | 01JAN23 | 01JAN23 | 01JAN23 | 01JAN23 |
| EB-5 Unreserved | C | 01MAR17 | 01MAY24 | C | C |
Family-Based – Final Action Dates
| Category | All | China | India | Mexico | Philippines |
|---|---|---|---|---|---|
| F1 | 01SEP17 | 01SEP17 | 01SEP17 | 15AUG07 | 01MAY13 |
| F2A | 01AUG24 | 01AUG24 | 01AUG24 | 01AUG24 | 01AUG24 |
| F2B | 22MAY17 | 22MAY17 | 22MAY17 | 15FEB09 | 08APR13 |
| F3 | 15FEB12 | 15FEB12 | 15FEB12 | 01MAY01 | 22NOV05 |
| F4 | 15SEP08 | 15SEP08 | 01NOV06 | 08APR01 | 15JUL07 |
Family-Based – Filing Dates
| Category | All | China | India | Mexico | Philippines |
|---|---|---|---|---|---|
| F1 | 01OCT18 | 01OCT18 | 01OCT18 | 01OCT18 | 22APR15 |
| F2A | C | C | C | C | C |
| F2B | 01JAN18 | 01JAN18 | 01JAN18 | 15MAY10 | 01OCT13 |
| F3 | 08DEC12 | 08DEC12 | 08DEC12 | 15JUL01 | 08AUG06 |
| F4 | 01SEP09 | 01SEP09 | 15DEC06 | 30APR01 | 22MAR08 |
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.
Read More