Immigration Law Blog

Employers must complete I-9 reverification before temporary work authorization expires while avoiding prohibited over-reverification that can trigger discrimination claims.

What This Means for You:

• Key Point: Track all temporary work authorization expiration dates well in advance and complete Supplement B by the deadline.
• Key Point: Never reverify U.S. citizens, lawful permanent residents, or expiring List B identity documents.
• Key Point: Allow employees to choose which acceptable document to present rather than specifying one.
• Key Point: For ambiguous cases or pending extensions, seek legal review before taking action to prevent both under- and over-compliance.

USCIS will require new 09/15/26 editions of Forms I-539 and I-765 starting September 15, 2026. Older editions filed on or after that date will be rejected, with no grace period.

What This Means for You:

• Key Point 1: Use the correct form edition for the submission date; USCIS will reject an outdated edition on or after September 15, 2026.
• Who Should Be Concerned: Anyone preparing an I-539 or I-765 filing, including students, workers, dependents, and their employers or schools.
• Timeline for Action: Review planned filings now; the change takes effect September 15, 2026, with no grace period.
• Next Steps: Confirm the edition date, submission date, evidence, fee, and delivery plan before filing; seek qualified legal guidance for status-sensitive cases.

The Department of State is using a pilot that may require selected immigrant visa applicants with a public-charge denial to apply for a USCIS public-charge bond. Only applicants notified by a consular officer should take action; current valid visas are unaffected.

What This Means for You:

• Key Point 1: A public-charge bond is a case-specific option after official notice, not a form to file preemptively.
• Who Should Be Concerned: Immigrant visa applicants abroad who receive a public-charge denial or a consular notice requiring a bond.
• Timeline for Action: Act promptly if notified by a consular officer; no immediate deadline applies to applicants who have not received notice.
• Next Steps: Preserve the consular notice, gather financial and supporting evidence, and obtain individualized legal advice before responding or arranging a bond.

The Federal Register published the Department of Homeland Security's portion of the Unified Agenda summarizing projected regulatory actions focused on USCIS components.

What This Means for You:

• Key Point: The agenda summarizes projected, existing, and completed DHS regulatory actions with a focus on USCIS.
• Who Should Be Concerned: Noncitizens, immigrants, asylum seekers, employers sponsoring foreign workers, and other parties subject to DHS/USCIS immigration regulations.
• Timeline for Action: The agenda is published semiannually as required by law.
• Next Steps: Review the complete Unified Agenda at reginfo.gov and consult an immigration attorney for guidance on your case.

On August 11, 2026, the Department of Justice's Executive Office for Immigration Review published an interim final rule establishing procedures for adjudicating civil penalties against international marriage brokers for violations of the International Marriage Broker Regulation Act of 2005.

What This Means for You:

• Key Point: EOIR published an interim final rule on August 11, 2026, that sets procedures for civil penalties against international marriage brokers for IMBRA violations.
• Who Should Be Concerned: International marriage brokers operating in the United States subject to IMBRA requirements and parties in related EOIR administrative proceedings.
• Timeline for Action: The rule takes effect September 10, 2026, with comments due by September 10, 2026.
• Next Steps: Review current IMBRA disclosure practices and monitor the Federal Register for any updates on the adjudication process.

On August 13, 2026, the Board of Immigration Appeals overruled prior precedent and held that travel under advance parole counts as a departure triggering the 10-year unlawful presence inadmissibility bar.

What This Means for You:

• Key Point: Advance parole departures now trigger the 10-year unlawful presence bar under INA § 212(a)(9)(B)(i)(II).
• Who Should Be Concerned: Noncitizens with accrued unlawful presence, including some DACA recipients, TPS holders, and immediate relatives of U.S. citizens with pending adjustment applications.
• Timeline for Action: The decision took effect on August 13, 2026, and applies to those who have already traveled or plan to travel.
• Next Steps: Consult an immigration attorney before any international travel and review pending adjustment applications.

On August 11, 2026, DHS issued an interim final rule authorizing USCIS to require electronic filing for certain immigration benefit forms after providing notice.

What This Means for You:

• Key Point: USCIS can require e-filing for forms available electronically for 180 days after 60 days of website notice.
• Who Should Be Concerned: Noncitizens, immigrants, employers, and representatives filing USCIS benefit requests.
• Timeline for Action: No forms mandated yet; watch for 60-day notices on the USCIS website.
• Next Steps: Monitor USCIS.gov for updates and consider requesting a hardship waiver if electronic filing poses difficulties.

USCIS announces a policy change allowing denial of benefit requests at filing when initial evidence is missing or eligibility is not clearly demonstrated, effective Aug 5, 2026.

What This Means for You:

• Key Point 1: USCIS may deny a benefit at filing if the initial evidence is missing or eligibility is not clearly demonstrated, without issuing an RFE or NOID.
• Who Should Be Concerned: All applicants for USCIS benefits (green cards, work permits, family petitions, asylum, etc.).
• Timeline for Action: Immediate; applies to filings on or after August 5, 2026.
• Next Steps: Before filing, review each form’s required evidence, ensure completeness, and consider pre-filing review with an experienced immigration attorney.

USCIS issues an interim final rule enabling mandatory electronic filing for certain benefits, with a grace period and waivers; online accounts and e-filing rollout begin August 11, 2026.

What This Means for You:

• Key Point 1: USCIS may require electronic filing for eligible forms that have been available online for 180 days or more.
• Who Should Be Concerned: Applicants and practitioners filing for any USCIS benefit online; impact varies by form type.
• Timeline for Action: Immediate for eligible forms; a 60-day grace period for compliance and potential waivers.
• Next Steps: Establish a USCIS online account, identify which forms will require e-filing, and prepare for the transition including potential hardship waivers.

BIA issues Matter of Delcarmen-Lara, holding that advance parole departure can count as a departure triggering 3- and 10-year bars, overruling prior interpretations.

What This Means for You:

• Key Point 1: The BIA holds that departure on advance parole can count as a departure for the 3- and 10-year unlawful-presence bars under INA 212(a)(9)(B).
• Who Should Be Concerned: Travelers who depart the U.S. on advance parole after August 13, 2026, especially those with prior unlawful presence or ongoing admissibility proceedings.
• Timeline for Action: Immediate; the ruling is effective for post-August 13, 2026 travel decisions and reentry planning.
• Next Steps: Consult an immigration attorney about travel plans, review potential implications for reentry and waivers, and reassess relief options in light of the Delcarmen-Lara holding.

DHS's August 11, 2026 interim final rule allows USCIS to make certain forms electronic-only after 180 days of e-filing availability and at least 60 days of advance public notice. The rule creates a waiver process for undue hardship but does not immediately make all USCIS forms online-only.

What This Means for You:

• Key Point 1: The rule is effective now, but USCIS must give at least 60 days’ notice before a specific eligible form becomes e-filing-only.
• Who Should Be Concerned: Anyone preparing a USCIS filing, including family-based, employment-based, student-related, humanitarian, and naturalization applicants, as well as petitioning employers and representatives.
• Timeline for Action: No immediate deadline, but monitor USCIS form pages; public comments on the rule are due October 13, 2026.
• Next Steps: Confirm access to a USCIS online account, organize digital evidence and payment procedures, and check the official form page before mailing any future filing.

Effective September 9, 2026, DHS is expanding the $4,000 H-1B and $4,500 L-1 9-11 Biometric Fee to apply to all extension of status petitions filed by covered employers.

What This Means for You:

• Key Point 1: Covered employers must now pay the $4,000 (H-1B) or $4,500 (L-1) 9-11 Biometric Fee for all extension of status petitions.
• Who Should Be Concerned: Employers with 50 or more U.S. employees, where more than 50% are in H-1B or L-1 status, and their sponsored workers.
• Timeline for Action: The final rule takes effect on September 9, 2026.
• Next Steps: Employers should immediately adjust their immigration budgets and ensure all extension petitions filed on or after September 9 include the new required fees.

USCIS has officially terminated Temporary Protected Status for Burma and South Sudan effective August 7, 2026, invalidating associated work permits.

What This Means for You:

• Key Point 1: TPS designations for Burma and South Sudan have officially ended, and associated work permits are no longer valid.\n- Who Should Be Concerned: TPS beneficiaries from Burma and South Sudan, and U.S. employers who have hired them.\n- Timeline for Action: Immediate; the termination took effect on August 7, 2026.\n- Next Steps: Employers must reverify Form I-9 for affected workers; beneficiaries should consult an immigration attorney to explore other options.

The Visa Bond Program has been made permanent, enabling bonds up to $20,000 for B-1/B-2 visa applicants from 50 countries.

What This Means for You:

• Key Point 1: Consular officers can now permanently require a visa bond of up to $20,000 for B-1/B-2 applicants from 50 specific countries.\n- Who Should Be Concerned: Foreign nationals from the targeted countries applying for tourist or business visitor visas.\n- Timeline for Action: The rule is already in effect as of August 3, 2026.\n- Next Steps: Check the State Department website to see if your country is on the targeted list, and be prepared to arrange for a substantial bond payment if required during your visa interview.

Two executive orders narrow birthright citizenship definitions and target birth tourism, with expected legal challenges.

What This Means for You:

• Key Point 1: New executive orders attempt to deny birthright citizenship to children of certain foreign workers and curb birth tourism.\n- Who Should Be Concerned: Pregnant foreign nationals applying for U.S. visas, and foreign embassy or international organization employees expecting children in the U.S.\n- Timeline for Action: No immediate deadline, but monitor developments as legal challenges are expected to unfold quickly.\n- Next Steps: Pregnant individuals planning travel to the U.S. should consult an immigration attorney to understand potential visa scrutiny and entry risks at the border.

Effective August 5, 2026, USCIS may now deny immigration applications outright — without issuing an RFE or NOID — if initial evidence is missing or eligibility is not clearly established at the time of filing.

What This Means for You:

• Key Point 1: USCIS can now deny your immigration application immediately — with no RFE or NOID — if it is incomplete or missing required initial evidence, effective August 5, 2026.
• Who Should Be Concerned: All immigration applicants and petitioners, including those filing for green cards, work permits, H-1B visas, family petitions, asylum, and any other USCIS benefit request pending on or after August 5, 2026.
• Timeline for Action: Immediate; this policy is already in effect for all pending and newly filed applications.
• Next Steps: Before filing any USCIS application, carefully review the form instructions for every required document, ensure all fields are complete, and strongly consider working with a licensed immigration attorney to audit your package before submission.

USCIS has officially updated its guidance to reflect the termination of TPS for Yemen, Syria, and Haiti, instructing employers to reverify work authorization.

What This Means for You:

• Key Point 1: USCIS has formally recognized the termination of TPS for Yemen, Syria, and Haiti, and requires employers to reverify affected workers.
• Who Should Be Concerned: TPS beneficiaries from Yemen, Syria, and Haiti, as well as their employers and HR compliance teams.
• Timeline for Action: Immediate; the termination dates have already passed (July 20 for Yemen, July 27 for Syria and Haiti).
• Next Steps: Employers should immediately review Form I-9 records for affected employees and consult legal counsel regarding reverification; TPS holders should seek legal advice to explore alternative immigration options.

USCIS has implemented an immediate rule change allowing asylum applications to be referred directly to Immigration Judges without a prior USCIS interview.

What This Means for You:

• Key Point 1: USCIS can now refer affirmative asylum applications directly to an Immigration Judge without conducting an initial asylum officer interview.
• Who Should Be Concerned: Individuals planning to file or who have recently filed an affirmative asylum application with USCIS.
• Timeline for Action: The rule went into effect immediately on July 27, 2026.
• Next Steps: Contact an immigration attorney immediately to prepare for a potential direct referral to immigration court, as you may not get a preliminary USCIS interview

A federal court has temporarily blocked USCIS from enforcing new TPS work permit expiration deadlines and from rejecting asylum applications or terminating work authorization due to unpaid annual asylum fees.

What This Means for You:

• Key Point 1: A court has paused penalties (like work permit termination or deportation) for not paying the new annual asylum fee, and halted new TPS EAD expiration deadlines.
• Who Should Be Concerned: TPS beneficiaries with extended EADs and asylum applicants subject to the new annual asylum fee.
• Timeline for Action: No immediate deadline, but monitor developments closely as this is a temporary administrative stay.
• Next Steps: If you receive a fee notice from USCIS, you must still pay it as instructed; consult your attorney regarding your specific EAD expiration date.

DHS rescinds the 2022 public charge rule, restoring broader discretion to assess public charge factors and tying the form revision to the September 18, 2026 effective date.

What This Means for You:

• Key Point 1: USCIS may consider a broad range of factors when assessing public charge; the rule takes effect Sept 18, 2026.
• Who Should Be Concerned: Green card applicants, family-based petitioners, and those seeking permanent residence from within the U.S.
• Timeline for Action: The rule and Form I-485 revision take effect Sept 18, 2026.
• Next Steps: Prepare documentation showing self-sufficiency, review past use of benefits, and work with counsel on updated I-485 filing requirements.

The DOJ activated the Alien Terrorist Removal Court for the first time to consider deportation of a noncitizen on national security grounds.

What This Means for You:

• Key Point 1: The government has filed a petition with the ATRC to deport a noncitizen on national security grounds.
• Who Should Be Concerned: Noncitizens facing national security-related deportation and their counsel.
• Timeline for Action: No immediate deadline; monitor for further filings and hearings as ATRC proceedings move forward.
• Next Steps: Seek experienced immigration counsel to understand ATRC procedures, potential sealed proceedings, and defenses specific to national security cases.

USCIS has announced that family-sponsored adjustment filings must use the Dates for Filing chart and employment-based filings must use the Final Action Dates chart for August 2026, while the State Department warns DV-2026 selectees of the impending September 30 deadline.

What This Means for You:

• Key Point 1: For August 2026, family-sponsored adjustment applicants must use the Dates for Filing chart, while employment-based applicants must use the Final Action Dates chart.
• Who Should Be Concerned: Individuals planning to file an adjustment of status application in August 2026 and all DV-2026 lottery selectees.
• Timeline for Action: August 1, 2026 for adjustment filings; DV-2026 selectees must complete processing before September 30, 2026.
• Next Steps: Review your priority date against the designated August chart and prepare your application if eligible; DV-2026 selectees should promptly finalize processing and seek guidance if documents are missing or deadlines are tight.

DHS rescinds the 2022 public charge regulation, potentially broadening factors considered in green card inadmissibility determinations.

What This Means for You:

This policy reversal means green card applicants may face a more comprehensive review of their financial circumstances and use of public benefits. Family-based petitioners and adjustment of status applicants should prepare stronger evidence of self-sufficiency, including affidavits of support and income documentation.

Consult an immigration attorney to understand how the updated framework could impact pending or future applications. USCIS is expected to issue revised guidance and possibly updated forms in the coming months.