On April 22, 2026, the Supreme Court of the United States heard oral arguments relating to the rights afforded to green card holders when seeking readmission to the United States. Blanche v. Lau could alter the method by...more
On May 21, 2026, USCIS issued a Policy Memorandum titled "Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular...more
5/29/2026
/ Adjustment of Status ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Green Cards ,
I-485 Applications ,
Immigration and Nationality Act ,
Immigration Procedures ,
Judicial Review ,
New Guidance ,
Non-Immigrant Visas ,
Policy Memorandums ,
Statutory Interpretation ,
USCIS ,
Visa Applications
The Department of Homeland Security (DHS) has recently proposed a regulation which will admit F, J and I nonimmigrants for specific periods of stay. To date, each of these nonimmigrant visa categories – foreign students,...more
5/13/2026
/ Department of Homeland Security (DHS) ,
Disclosure Requirements ,
F-1 Visa ,
Foreign Nationals ,
Foreign Students ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
J-1 Visas ,
Non-Immigrant Visas ,
Notice of Proposed Rulemaking (NOPR) ,
Popular ,
Proposed Rules ,
Public Charge ,
Reporting Requirements ,
USCIS ,
Visa Requirements ,
Visas
U.S. Immigration and Customs Enforcement (ICE) has updated its Form I-9 Inspection Fact Sheet to reflect that errors previously classified as technical or procedural deficiencies will now be considered substantive violations...more
5/6/2026
/ Compliance ,
Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Eligibility Verification ,
Enforcement Actions ,
Enforcement Guidance ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Reform and Control Act (IRCA) ,
Penalties ,
Recordkeeping Requirements ,
Regulatory Requirements ,
Risk Management
Applications Now Subject to Enhanced Security Vetting -
At the end of April 2026, members of the American Immigration Lawyers Association were reporting to the national organization that many of their clients were...more
5/6/2026
/ Administrative Backlogs ,
Asylum ,
Biometric Information ,
Delays ,
Fingerprints ,
Green Cards ,
H-1B ,
Immigration Procedures ,
Interviews ,
L-1 Visas ,
National Security ,
Non-Immigrant Visas ,
US Department of State ,
USCIS ,
Vetting ,
Visa Applications ,
Visas
The U.S. Department of Justice has announced it will be targeting foreign-born naturalized U.S. citizens in its objective to strip them of U.S. citizenship with the reasoning that they may have obtained U.S. permanent...more
4/30/2026
/ Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Deportation ,
Enforcement Actions ,
Foreign Nationals ,
Immigrants ,
Immigration Enforcement ,
Immigration Procedures ,
Naturalization ,
Trump Administration ,
USCIS
On March 31st, USCIS announced that it had met the annual quota of 85,000 H-1B cap-subject beneficiaries in the pre-registration lottery filing period between March 4th and March 19th, 2026. If one was selected in the H-1B...more
4/14/2026
/ Business Immigration ,
Employment Authorization Documents (EAD) ,
Filing Fees ,
Foreign Nationals ,
Foreign Workers ,
Form I-129 ,
H-1B ,
Immigration Procedures ,
Lottery ,
Non-Immigrant Visas ,
Prevailing Wages ,
TN-Visas ,
USCIS ,
Visa Caps ,
Visas ,
Work Visas
On February 27, 2026, USCIS published a new edition of Form I-129, which it will accept exclusively beginning April 1, 2026. The new edition of Form I-129 introduces new fields in the H-1B and H-1B1 Data Collection and Filing...more
3/25/2026
/ Business Immigration ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Employer Responsibilities ,
Filing Deadlines ,
Filing Requirements ,
Form I-129 ,
H-1B ,
Immigration Procedures ,
Labor Condition Applications ,
Non-Immigrant Visas ,
PERM ,
Popular ,
Prevailing Wages ,
Regulatory Requirements ,
USCIS ,
Visas ,
Wage and Hour ,
Work Visas
The H-1B Cap season is upon us, and we look forward to selections in the newly devised lottery at the end of March, followed by filing of selected cases in the April 1 – June 30 time frame. However, when the dust settles,...more
2/25/2026
/ Audits ,
Business Immigration ,
Compliance ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employer Responsibilities ,
Form I-129 ,
H-1B ,
Immigration Enforcement ,
Immigration Procedures ,
Labor Condition Applications ,
Non-Immigrant Visas ,
Recordkeeping Requirements ,
Site Visit Program ,
USCIS ,
Visas ,
Wage and Hour
This year’s H-1B Pre-Registration Filing Period will run from March 4 to March 19, 2026. The registration fee is $215.00.
The H-1B nonimmigrant visa is one of the most highly utilized and sought-after temporary work...more
2/5/2026
/ Business Immigration ,
Employer Responsibilities ,
F-1 Visa ,
Filing Deadlines ,
Foreign Workers ,
H-1B ,
Immigration Procedures ,
Non-Immigrant Visas ,
Registration Requirement ,
Temporary Work Visas ,
USCIS ,
Visa Applications ,
Visa Caps ,
Visas
On January 14, 2026, the State Department announced on X that it would pause indefinitely the immigrant visa processing for citizens of 75 countries globally. The rationale for the pause is that the agency, through consular...more
1/22/2026
/ Foreign Nationals ,
Green Cards ,
Immigrants ,
Immigration Enforcement ,
Immigration Procedures ,
Non-Immigrant Visas ,
Public Charge ,
Travel Ban ,
U.S. Embassies ,
US Department of State ,
Visa Applications ,
Visas
The H-1B Cap filing season will likely look very different this coming spring. Employers must consider additional factors for filing H-1B lottery cases, including preparing for the new wage-based weighted system of H-1B cap...more
1/14/2026
/ Business Immigration ,
Department of Labor (DOL) ,
Filing Fees ,
Final Rules ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Immigration Procedures ,
Lottery ,
Non-Immigrant Visas ,
Prevailing Wages ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
On December 23rd, U.S. Citizenship and Immigration Services (USCIS) announced that it plans to amend regulations governing the H-1B lottery selection process with the goal to ‘prioritize the allocation of visas to...more
1/6/2026
/ Adjustment of Status ,
Diversity Lottery ,
Fees ,
Filing Fees ,
Foreign Nationals ,
Foreign Students ,
H-1B ,
Immigration Procedures ,
Popular ,
Presidential Proclamations ,
Prevailing Wages ,
Proposed Rules ,
Travel Ban ,
USCIS ,
Visas ,
Work Visas
In the first two weeks of December, the U.S. administration has introduced sweeping and significant changes in immigration policy. Our Business & Corporate Immigration practice at Tarter Krinsky & Drogin will be monitoring...more
12/16/2025
/ Adjustment of Status ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Nationals ,
H-1B ,
H-4 ,
Immigration Enforcement ,
Immigration Procedures ,
Non-Immigrant Visas ,
USCIS ,
Visa Waiver Program ,
Visas
In early November, the U.S. Department of State issued a cable for consular officials located worldwide significantly expanding the grounds of excludability for foreign applicants for U.S. immigrant benefits.
To date,...more
11/24/2025
/ Adjustment of Status ,
Department of Homeland Security (DHS) ,
Foreign Nationals ,
H-1B ,
Immigration Procedures ,
Immigration Reform ,
Infectious Diseases ,
L-1 Visas ,
New Guidance ,
New Regulations ,
Non-Immigrant Visas ,
Proposed Rules ,
Public Charge ,
US Department of State ,
USCIS ,
Visas
This holiday season, foreign nationals, including U.S. visa holders and lawful permanent residents should be more sensitive to the heightened immigration policies which have resulted in increased scrutiny at U.S. ports of...more
11/18/2025
/ Advance Parole Documents ,
Business Immigration ,
China ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
F-1 Visa ,
Foreign Nationals ,
Form I-94 ,
Holidays ,
I-485 Applications ,
Immigration Procedures ,
Lawful Permanent Residents ,
Non-Immigrant Visas ,
Passports ,
Travelers ,
USCIS ,
Visa Waiver Program ,
Visas
U.S. Citizenship and Immigration Services (USCIS) issued updated guidance regarding the President’s September 19th proclamation on October 20th, 2025. The salient points include the provisions that any H-1B petitions that are...more
10/27/2025
/ Department of Homeland Security (DHS) ,
Filing Fees ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Immigration Procedures ,
New Guidance ,
Popular ,
Presidential Proclamations ,
Temporary Work Visas ,
USCIS ,
Visas
While the U.S. government continues to negotiate regarding the federal budget for Fiscal year 2026, some immigration-related agencies and functions would be suspended if no stopgap spending measure is introduced.
...more
9/30/2025
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Foreign Nationals ,
Foreign Workers ,
Government Shutdown ,
H-1B ,
Immigration Procedures ,
PERM ,
US Department of State ,
USCIS ,
Visas
On September 19, 2025, the U.S. Government issued a Proclamation, Restriction On Entry Of Certain Nonimmigrant Workers, restricting the entry of new workers on H-1B visa status (new petitions) unless their employers pay a...more
9/22/2025
/ Business Immigration ,
Constitutional Challenges ,
Department of Homeland Security (DHS) ,
Foreign Workers ,
H-1B ,
Immigration Enforcement ,
Immigration Procedures ,
Non-Immigrant Visas ,
Presidential Proclamations ,
US Department of State ,
USCIS ,
Visas
U.S. Citizenship and Immigration Services (USCIS) recently released a copy of a proposed regulation, which would replace and limit the agency’s current policy regarding F1 (foreign students), J1(exchange visitors), and I...more
9/5/2025
/ Comment Period ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
F-1 Visa ,
Foreign Nationals ,
Foreign Students ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
J-1 Visas ,
Non-Immigrant Visas ,
Notice of Proposed Rulemaking (NOPR) ,
Popular ,
Proposed Regulation ,
Rulemaking Process ,
Students ,
USCIS ,
Visas
On August 15, 2025, United States Citizenship and Immigration Services (USCIS) issued a policy memo outlining additional and unprecedented criteria to establish eligibility for applicants applying for U.S. citizenship. To...more
8/26/2025
/ Adjustment of Status ,
Appeals ,
Citizenship ,
Department of Homeland Security (DHS) ,
EB-5 ,
Foreign Nationals ,
Immigrants ,
Immigration and Nationality Act ,
Immigration Procedures ,
National Security ,
Policy Memorandums ,
USCIS
On July 25, 2025, the U.S. Department of State announced that, with few exceptions, all nonimmigrant visa applicants, including applicants under the age of 14 and over the age of 79, will require an in-person interview with a...more
8/7/2025
/ B-1 ,
B-2 ,
Consulate ,
Fees ,
International Travel ,
Interviews ,
Non-Immigrant Visas ,
Pilot Programs ,
US Department of State ,
Visa Applications ,
Visa Interview Waiver Program (VIWP) ,
Visa Requirements ,
Visa Restrictions ,
Visas
H-1B Cap Lottery for Fiscal Year (FY) 2026 Completed -
U.S. Citizenship and Immigration Services (USCIS) has announced that it has received sufficient congressionally mandated 65,000 H-1B visa regular cap and 20,000 H-1B...more
8/7/2025
/ Appellate Courts ,
Citizenship ,
Constitutional Challenges ,
Corporate Counsel ,
Executive Orders ,
H-1B ,
Immigration ,
Immigration Procedures ,
Lottery ,
Proposed Rules ,
Regulatory Reform ,
Trump Administration ,
USCIS ,
Visa Caps ,
Visas
In the waning days of the Court’s session this year, several blockbuster decisions were issued. A long-awaited decision regarding birthright citizenship was issued, but did not address the merits of the case itself. In the...more
7/2/2025
/ Citizenship ,
Class Action ,
Constitutional Challenges ,
Executive Orders ,
Fourteenth Amendment ,
Government Agencies ,
Immigration ,
Injunctive Relief ,
Judicial Authority ,
SCOTUS ,
Stays ,
Trump Administration ,
Trump v CASA
Recent United States Citizenship and Immigration Services (USCIS) and U.S. State Department updates require businesses and individuals to adhere to new TN visa eligibility criteria—such as prohibiting self-employment,...more
6/26/2025
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
F-1 Visa ,
Foreign Workers ,
Gender Identity ,
Immigration Procedures ,
J-1 Visas ,
NAFTA ,
National Security ,
New Regulations ,
Non-Immigrant Visas ,
Passports ,
TN-Visas ,
US Department of State ,
USCIS ,
Vetting ,
Visa Applications ,
Visas