Articles Posted in Immigration Law

By Thomas M. Lee If you have unlawful presence in your immigration history, a trip abroad on advance parole may no longer be the safe move it used to be. On August 13, 2026, the Board of Immigration Appeals (BIA) issued a precedential decision — Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026) — that…

On August 5, 2026, U.S. Citizenship and Immigration Services (USCIS) quietly issued one of the most consequential policy changes of the year, and most applicants have no idea it happened. The new guidance, titled “USCIS to Reduce Frivolous Immigration Benefits Requests by Reinforcing Evidence Standards,” restores USCIS officers’ discretion to deny an immigration benefit request…

The landscape of U.S. immigration law is undergoing a major regulatory transition. The Department of Homeland Security (DHS) announced the rescission of the 2022 Public Charge Rule. Taking effect on September 18, 2026, this policy shift removes the narrow regulatory framework that previously limited public charge assessments strictly to cash assistance for income maintenance and…

In a monumental decision for corporate immigration and employment law, a federal court has officially struck down the highly controversial $100,000 fee requirement for new H-1B visas. The ruling, delivered by U.S. District Judge Leo Sorokin of the District of Massachusetts, represents a massive victory for a coalition of twenty states led by California. For…

A sweeping new USCIS policy memorandum issued on May 21, 2026, may dramatically reshape how adjustment of status applications are reviewed across the United States. In one of the strongest policy statements in recent years, USCIS formally reaffirmed that adjustment of status is not a right, but an “extraordinary” discretionary benefit that exists only as…

In February 2026, the federal government issued a new policy titled Protecting the National Security and Welfare of the United States and Its Citizens From Criminal Actors and Other Public Safety Threats. You can review the full text here: https://www.federalregister.gov/documents/2026/02/11/2026-02819/protecting-the-national-security-and-welfare-of-the-united-states-and-its-citizens-from-criminal If you are an immigrant living in the United States or planning to apply for…

Those who are considering filing an EB-1A extraordinary ability petition or a National Interest Waiver (NIW) need to understand a critical reality: the legal standards have not changed dramatically, but how USCIS applies those standards has shifted in a meaningful and often unfavorable way. Over the past year, practitioners and former adjudicators have consistently observed…

A recent federal court decision has sent shockwaves through the immigration law community and reignited hope for professionals pursuing the EB-1A extraordinary ability green card. In Mukherji v. Miller, a U.S. District Court held that USCIS unlawfully denied an EB-1A petition and ordered the agency to approve it, finding that USCIS’s long-used “final merits determination”…

The H-1B cap process has long been criticized as a pure lottery that rewards luck rather than economic value. Beginning with the 2026 cap season, that criticism is no longer academic. The Department of Homeland Security has finalized a new regulation that fundamentally alters how H-1B registrations are selected, replacing the traditional random lottery with…

What We Know So Far About the Reported 75-Country Immigrant Visa Suspension and What It Means for You On the morning of January 14, 2026, many immigrants and U.S. petitioners have seen alarming headlines claiming that the United States has imposed a “75-country immigrant visa ban” effective January 21, 2026. Understandably, this language has caused…