News

Over the last few months, employers have been monitoring countless changes by the administration and by courts regarding who can continue to work and who cannot. Many employees are authorized to work in the United States pursuant to their Temporary Protected Status (TPS) and the employment authorization documents (EADs) that they have received through such status. (TPS is a status that the government offers individuals where it is unsafe to return to their home country based on a range of conditions including natural disasters and civil wars.) While one can apply for an EAD, the U.S. Citizenship and Immigration Service...

SECOND UPDATE TO ALERT BELOW:

On Friday, July 24, 2026, the United States Court of Appeals for the First Circuit ruled on the White House's request that the lower court's order to void the $100,000 fee rule be stayed, that is, not be implemented. The court decided that the White House did not satisfy the requirements to stay the order and therefore the order to void the fee is now back in place. What this practically means is that the $100,000 fee rule is no longer valid.

We do anticipate that the White House will seek further review of...

International academic students, exchange visitors, and information media representatives must be granted permission from the U.S. government to enter and to remain in the U.S. These categories have been in place for decades.

A new July 17, 2026, rule makes fundamental changes to these temporary visa classifications, specifically the F-1 for academic students, J-1 for exchange visitors, and I-1 for representatives of foreign information media.

These categories have been tied to a specific purpose and specific program. The sponsoring school or program was primarily responsible for ensuring compliance and updating records. Visa holders worked directly with the...

The H-1B is one of the most popular nonimmigrant visas that allows individuals to work for a U.S. employer where the position requires at least a bachelor’s degree in a specific area of study, where the U.S. employer pays at least the prevailing wage for the occupation in the intended area of employment, and where the individual meets the requirements of the position. The visa is so popular that there is a shortage each year and USCIS holds a lottery each March for the upcoming fiscal year that starts on October 1. Congress limits the number of new H-1Bs to...

*** UPDATE as of July 14, 2026 ***

Despite the Supreme Court's decision, USCIS has not issued official guidance as to when the Employment Authorization Documents (EADs) which were extended indefinitely while the law suits were pending would no longer be valid. Instead, they have been putting placeholder dates that extend the EADs. The most recent placeholder date is July 24, 2026 and as that date approaches we anticipate that USCIS will provide some guidance but probably not until very late in the day. Please see the guidance below including resources to check and some recommended actions.

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On June...

On May 21, 2026, USCIS issued a Policy Memo emphasizing the discretionary nature of Adjustment of Status.

Adjustment of Status (AOS) is the option for someone seeking legal permanent residence in the U.S. (i.e., green card) to change from their existing nonimmigrant status in the U.S. (e.g., F-1 international student, H-1B specialty occupation worker, L-1 intracompany transferee, or even B-2 tourist) to that of permanent residency so long as they have been maintaining their legal status in the U.S. since their last entry and meet a number of health, security, and financial criteria. This has been beneficial to many...