FROM THE FIRM

Notes from the firm

Visa bulletins, RFEs, H-1B season, and policy changes — written for people in the middle of a case.

October 2026 Visa Bulletin: China EB-3 Filing Date Jumps 27 Months, EB-5 Leaps Four Years

October 2026 Visa Bulletin: China EB-3 Filing Date Jumps 27 Months, EB-5 Leaps Four Years

The new fiscal year opened with China's Dates for Filing chart jumping across EB-1, EB-2, EB-3 and EB-5 — while Final Action Dates barely moved. Here's what changed, what Chart B does and doesn't mean, and the five things to do if your date is now current.

Sep 30, 2026·7 min read

Court Blocks the F-1/J-1 “Duration of Status” Rule One Day Before It Took Effect

Court Blocks the F-1/J-1 “Duration of Status” Rule One Day Before It Took Effect

A federal judge in Boston blocked the DHS rule ending “duration of status” for F-1 and J-1 visa holders one day before it was set to take effect. Here's what the preliminary injunction changes — and what it doesn't — for students and scholars right now.

Sep 15, 2026·6 min read

DHS Moves to End the H-1B 60-Day Grace Period — and H-4 Work Permits Are Back at Risk

DHS Moves to End the H-1B 60-Day Grace Period — and H-4 Work Permits Are Back at Risk

On August 6, 2026, DHS sent a proposed rule to the White House to eliminate the 60-day grace period for H-1B, L-1, O-1, TN and E workers — while a separate proposal targets H-4 work permits. Neither is final. Here’s what’s real, what isn’t, and the three moves to make while the window is open.

Sep 2, 2026·7 min read

A Proposed $103,265 H-1B Fee: What It Would Mean, and What to Do Before Comments Close

A Proposed $103,265 H-1B Fee: What It Would Mean, and What to Do Before Comments Close

On August 24, 2026, DHS proposed a $103,265 fee on cap-subject H-1B petitions. It's a proposal, not law. Here's who it would hit, who's exempt, and what to do before comments close around September 24.

Aug 24, 2026·8 min read

USCIS Can Now Deny Your Case Without an RFE. Here's What to Fix Before You File.

USCIS Can Now Deny Your Case Without an RFE. Here's What to Fix Before You File.

On August 5, 2026, USCIS restored officers' discretion to deny petitions without first issuing an RFE or NOID. Here's who it affects and how to file so your case stands on its own.

Aug 24, 2026·7 min read

Birth Tourism in 2026: Your Baby's Citizenship Is Safe. The Visa Just Got Harder.

Birth Tourism in 2026: Your Baby's Citizenship Is Safe. The Visa Just Got Harder.

The Supreme Court settled the citizenship question on June 30. Then, on August 6, the White House moved the fight to the visa window. Here's what actually changed for expecting parents—and where the real risk now lives.

Aug 11, 2026·8 min read

The D/S Rule Is Now Final — and It Just Closed the "Second Master's" Path Many Chinese Students Relied On

The D/S Rule Is Now Final — and It Just Closed the "Second Master's" Path Many Chinese Students Relied On

DHS finalized the rule ending Duration of Status on July 17, 2026, effective September 15, 2026. Fixed 4-year admission, mandatory USCIS extension filings, a 30-day grace period, and the end of same-level second degrees — here's exactly what changed since the proposal stage.

Jul 21, 2026·8 min read

India's EB-2 Green Card Line Just Went Unavailable — Not Slower. Gone.

India's EB-2 Green Card Line Just Went Unavailable — Not Slower. Gone.

The July 2026 Visa Bulletin doesn't just retrogress India's EB-2 category — it marks it fully "Unavailable" for the rest of the fiscal year. Here's what that actually means, why an EB-3 downgrade won't help, and what to do before October.

Jul 10, 2026·7 min read

USCIS Can Now Deny You Over a Pasted Signature — Starting July 10, There's No Do-Over

USCIS Can Now Deny You Over a Pasted Signature — Starting July 10, There's No Do-Over

A new DHS rule effective July 10, 2026 lets USCIS deny — not just reject — any immigration petition with an invalid signature, with no chance to fix it and no refund. Here's exactly what counts as valid.

Jul 9, 2026·8 min read

EB-3 Leaps, EB-2 Stalls: What China's July 2026 Visa Bulletin Means for You

EB-3 Leaps, EB-2 Stalls: What China's July 2026 Visa Bulletin Means for You

In the July 2026 Visa Bulletin, China EB-3 jumped ~143 days to Dec 22, 2021 — now ahead of EB-2 (stuck at Sep 1, 2021). What that means for downgrades, I-485 filing, and EB-5.

Jun 30, 2026·6 min read

What Happened at AILA's 2026 Annual Conference in San Diego — and Why It Matters for Immigrants

What Happened at AILA's 2026 Annual Conference in San Diego — and Why It Matters for Immigrants

The largest annual gathering of U.S. immigration lawyers wrapped up last week in San Diego. Here is a plain-language recap of what AC26 covered and what its themes suggest about the road ahead.

Jun 25, 2026·5 min read

Goodbye “D/S”: What the New Fixed-Stay Rule Means for F-1 Students—and What to Do Now

Goodbye “D/S”: What the New Fixed-Stay Rule Means for F-1 Students—and What to Do Now

A DHS rule ending “duration of status” for F-1 students cleared OMB on June 17, 2026. It would cap stays at four years, cut the F-1 grace period to 30 days, and require USCIS extensions. Here’s what changed and what to do before the clock starts.

Jun 22, 2026·8 min read

The $100,000 H-1B Fee — Struck Down, Then Reinstated: Where Things Stand in June 2026

The $100,000 H-1B Fee — Struck Down, Then Reinstated: Where Things Stand in June 2026

On June 8, 2026 a federal court struck down the $100,000 H-1B fee — and days later a temporary stay put it back. Here's what employers and H-1B professionals need to know while the appeal plays out.

Jun 19, 2026·5 min read

EB-2 to EB-3 Downgrade for China Applicants: Does It Still Make Sense Before the FY2026 Deadline?

EB-2 to EB-3 Downgrade for China Applicants: Does It Still Make Sense Before the FY2026 Deadline?

EB-2 China sits at September 1, 2021 — and the State Department just warned it could retrogress or go “unavailable” before the fiscal year ends. Meanwhile EB-3 China quietly moved forward. Here's the honest math on whether downgrading is a smart hedge, or a step backward.

Jun 10, 2026·7 min read

When the Rules Changed Mid-Wait: Inside USCIS's New I-485 Discretion Memo

When the Rules Changed Mid-Wait: Inside USCIS's New I-485 Discretion Memo

On May 21, 2026, USCIS issued PM-602-0199 — a memo that has stirred significant debate in the immigration community. The law hasn't changed. How it will be applied in practice is still unclear. Here's an honest look at what the memo says, what remains uncertain, and how to think about your own situation.

Jun 5, 2026·7 min read

EB-2 NIW China Priority Date: The June 2026 Warning You Can't Afford to Miss

EB-2 NIW China Priority Date: The June 2026 Warning You Can't Afford to Miss

The June 2026 Visa Bulletin sets China's EB-2 cutoff at September 1, 2021 — and the State Department has explicitly warned that retrogression or an 'Unavailable' designation may be coming. If you have a pending NIW petition, here's what you need to do right now.

Jun 3, 2026·6 min read

USCIS's New Adjustment-of-Status Memo: What Green Card Applicants in the U.S. Need to Know

USCIS's New Adjustment-of-Status Memo: What Green Card Applicants in the U.S. Need to Know

A new USCIS memo (PM-602-0199, May 21, 2026) tells officers to grant adjustment of status only in “extraordinary circumstances.” Here is what it really means for people filing I-485 inside the U.S.—and what to do now.

Jun 3, 2026·7 min read

H-1B Not Selected in FY2027? A Real 2026 Plan for What to Do Next

H-1B Not Selected in FY2027? A Real 2026 Plan for What to Do Next

Not selected hurts—but panic decisions hurt more. Here's a practical, deeper plan to protect status, reduce lottery dependence, and rebuild your strategy in 30/60/90 days.

Mar 16, 2026·2 min read

When USCIS Asks for More: Inside the EB-1A RFE Patterns That Actually Matter in 2026

When USCIS Asks for More: Inside the EB-1A RFE Patterns That Actually Matter in 2026

An RFE isn't a rejection—it's a conversation. Here's what the data shows about which evidence gaps trigger RFEs, and how to close them before they become denials.

Mar 15, 2026·3 min read

EB-1A in 2026: A Practical Field Guide for High-Achieving Professionals

EB-1A in 2026: A Practical Field Guide for High-Achieving Professionals

A senior engineer in Shanghai checks her priority date every morning. A biotech researcher in Boston hasn't seen his family in 18 months. A startup founder in Shenzhen watches the visa bulletin like stock prices. This is what EB-1A looks like in 2026—and what you need to know before betting your career on it.

Mar 15, 2026·8 min read

The New H-1B Lottery: A Guide to Playing the Wage-Weighted Game

The New H-1B Lottery: A Guide to Playing the Wage-Weighted Game

A San Francisco software engineer checks her phone at 6 AM. A New York recruiter refreshes her email for the twelfth time. Starting February 27, 2026, the H-1B lottery will never feel the same. Here is everything you need to know about the wage-weighted selection system that is reshaping the future of skilled immigr...

Mar 15, 2026·3 min read

H-1B FY2027 Lottery Results: When Will You Know If You Were Selected?

H-1B FY2027 Lottery Results: When Will You Know If You Were Selected?

The H-1B FY2027 registration period has closed. Here is exactly when USCIS will notify selected applicants—and what you need to do next.

Mar 13, 2026·1 min read

March 2026 Visa Bulletin: What Actually Changed for China EB-1 and EB-2 Applicants

March 2026 Visa Bulletin: What Actually Changed for China EB-1 and EB-2 Applicants

The March 2026 Visa Bulletin created a lot of noise, but not all movement matters equally. Here is what China EB-1 and EB-2 applicants should actually pay attention to—and what to do next.

Mar 10, 2026·4 min read

The H-1B Wage-Weighted Lottery Is Here: What the Data Actually Says

The H-1B Wage-Weighted Lottery Is Here: What the Data Actually Says

The internet says Level 1 is dead. But the actual DHS data tells a different story. Here is what the new lottery means for you — with real numbers, not panic.

Mar 7, 2026·4 min read

February 2026 Visa Bulletin: The Quiet Month That Mattered

February 2026 Visa Bulletin: The Quiet Month That Mattered

While everyone was watching H-1B lottery drama, the February visa bulletin quietly moved EB-1 forward for China and India. Here is what actually happened—and why it matters for your case.

Feb 10, 2026·5 min read

USCIS Fee Increases in 2026: What Applicants Need to Know

USCIS Fee Increases in 2026: What Applicants Need to Know

USCIS has announced new filing fees effective April 2026. We break down the changes by visa category and explain how to budget for your immigration case.

Jan 5, 2026·5 min read