On August 10, 2026, the Department of Homeland Security announced an interim final rule, effective August 11, 2026, to allow U.S. Citizenship and Immigration Services (USCIS) to require mandatory electronic filing (e-filing) of certain benefit requests. The rule...
Topic: Immigration Updates
Overruling Precedent, BIA Now Says Leaving United States Temporarily Under Advance Parole Constitutes ‘Departure’
Overruling Matter of Arrabally and Yerrabelly—a 2012 precedent decision holding that a person who leaves the United States temporarily with a grant of advance parole does not thereby make a “departure” under the Immigration and Nationality Act and thus does not...
USCIS to Publish Revised Applications for Extension/Change of Nonimmigrant Status and Work Authorization
On August 14, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it will publish revised editions of Form I-539, Application to Extend/Change Nonimmigrant Status, and Form I-765, Application for Employment Authorization. USCIS said the forms “have...
DHS Considers Elimination of 60-Day Grace Period Following Termination of Sponsored Employment
The Department of Homeland Security (DHS) plans to propose a new rule that would eliminate the 60-day grace period currently available to noncitizen workers following termination of sponsored employment. The 60-day grace period was added in 2017 and applies to H-1B,...
President Trump Signs New Executive Orders Limiting Birthright Citizenship
Following defeat in the Supreme Court on constitutional grounds of a presidential order limiting birthright citizenship, President Trump signed two new executive orders on August 6, 2026, to limit birthright citizenship for those he deems not to “fall within the rule...
August Visa Bulletin Shows Little Forward Movement
The Department of State’s Visa Bulletin for August shows little forward movement across several employment-based categories. The bulletin includes the following information: VISA AVAILABILITY IN THE EMPLOYMENT-BASED FIRST PREFERENCE (EB-1) FINAL ACTION DATE FOR INDIA...
USCIS Extends TPS-Based EAD Validity for Burma, Ethiopia, Somalia, and South Sudan; Use of Ankle Monitors Expands
U.S. Citizenship and Immigration Services (USCIS) has released updated guidance on court-ordered extensions of work authorization under Temporary Protected Status (TPS) for Burma, Ethiopia, Somalia, and South Sudan. As an example, the guidance for Ethiopia notes:...
DHS Final Rule Requires 9-11 Biometric Fee for Certain H-1B and L-1 Nonimmigrant Visa Petitions
On August 10, 2026, the Department of Homeland Security (DHS) published a final rule amending its regulations on the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 nonimmigrant visas. The final rule changes DHS’s interpretation of statutory...
USCIS Clarifies That Immigration Benefit Requests May Be Denied Without RFEs
On August 5, 2026, U.S. Citizenship and Immigration Services (USCIS) clarified that applications for immigration benefits can be denied without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny if “all required initial evidence” has not been...
DOS Issues Final Rule on Permanent Visa Bond Program for B-1/B-2 Visitors
The Department of State (DOS) has issued a final rule to make permanent the Visa Bond Pilot Program. Under the program, an applicant for a visa as a temporary visitor for business or pleasure (B-1/B-2) may be required to submit a visa bond “to ensure that the alien...
