On September 14, 2026, a Massachusetts federal district court temporarily blocked a Department of Homeland Security (“DHS”) regulation scheduled to take effect on September 15, 2026. The regulation would have ended the longstanding “Duration of Status” (“D/S”) system for international students, exchange visitors foreign media representatives, and their qualifying dependents. In Presidents’ Alliance on Higher Education and Immigration, et al. v. U.S. Department of Homeland Security, et al. , the Court postponed the effective date of the rule and prohibited DHS and United States Immigration and Customs Enforcement (“ICE”) from implementing it while the litigation continues. As a result, the existing D/S framework remains in place. The Court has not, however, vacated the rule or issued a final decision on the merits of the case.
Read moreWhite House Extends H-1B $100,000 Payment Requirement
On September 18, 2026, President Trump issued a new proclamation extending the H-1B entry restrictions first imposed in September 2025 for another year. The extension continues the requirement that certain H-1B petitions involving workers seeking entry to the United States be accompanied by a $100,000 payment. The new proclamation extends the restriction through September 21, 2027.
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OPINION: "Aliens.gov" and the Edgy Meme-ification of Immigration Policy
On May 28, 2026, the White House quietly added a new page to its website: whitehouse.gov/aliens, or simply known by its shorthand domain, aliens.gov. Upon clicking, visitors are greeted by glowing green text scrolling up a starry black background in a style reminiscent of The X-Files. “Grotesque and terrifying and juvenile” is how Ernesto Verdeja, a genocide-prevention expert at the University of Notre Dame describes it and we couldn’t agree more.
Read moreDHS Eliminates “Duration of Status” for F, J, and I Visa Holders: Your Questions Answered
On July 17, 2026, the Department of Homeland Security (“DHS”) published a final rule that fundamentally changes how many F international students, J exchange visitors , and I representatives of foreign media nonimmigrants are admitted to the United States. Beginning September 15, 2026, individuals entering the US in these visa classifications will generally no longer be admitted for “Duration of Status” (“D/S”). Instead, they will receive admission for a fixed period of time.
Read moreSupreme Court Preserves Birthright Citizenship, Rejecting Trump Administration’s Attempt to Restrict Citizenship at Birth
On June 30, 2026, the Supreme Court issued its decision in Trump v. Barbara, blocking the federal government from implementing President Trump’s executive order restricting birthright citizenship. The Court affirmed a nationwide preliminary injunction, meaning that the executive order could not take effect anywhere in the country while the case was in process. Five Justices concluded that the executive order violated the Citizenship Clause of the Fourteenth Amendment. A sixth Justice, Justice Brett Kavanaugh, agreed that the order could not be enforced because it conflicted with existing federal law. The decision is a significant development in the legal battle over birthright citizenship, one of the country’s longest-standing constitutional protections.
Read moreFederal Court Vacates USCIS Processing Holds for Applicants From Travel Ban Countries
On June 5, 2026, a federal court in Rhode Island ruled that several United States Citizenship and Immigration Services (“USCIS”) policies that placed immigration benefit applications on hold for individuals from designated travel ban countries were unlawful. The decision provides relief to foreign nationals whose applications for immigration benefits had been delayed or effectively frozen because of their country of origin.
Read moreFederal Court Strikes Down Trump Administration’s $100,000 H-1B Petition Payment Requirement
In a significant development on Monday, June 8, 2026, a federal court ruled that the Trump administration’s $100,000 payment requirement for certain H-1B petitions was unlawful and vacated the policy implementing it in its entirety. The decision provides immediate relief to employers and foreign nationals who were concerned that the new payment would make many H-1B filings financially impossible. US District Judge Leo Sorokin of the District of Massachusetts invalidated the policy, finding that the administration exceeded its authority when it attempted to impose the charge through executive action.
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USCIS Issues New Guidance on Adjustment of Status: What Green Card Applicants Should Know
Right before the holiday weekend, US Citizenship and Immigration Services (“USCIS”) issued a new policy memorandum addressing Adjustment of Status, the process that routinely allows certain green card applicants who are already in the United States to apply for permanent residence without leaving the country. The alternative is for applicants to complete immigrant visa processing at the US consulate abroad in their home country. USCIS’ announcement on May 22, 2026, changed the framework for Adjustment of Status suggesting that it will now be granted “only in extraordinary circumstances.”
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