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.”
Read moreEmployers See Rise in Labor Department Immigration Enforcement Site Visits
On September 19, 2025, the Department of Labor ("DOL") launched "Project Firewall", a broad enforcement initiative aimed at strengthening employer compliance with the H-1B visa program "to protect America's highly skilled workforce." This coincided with President Trump's proclamation, "Restriction on Entry of Certain Nonimmigrant Workers", issued the same day. A key feature of Project Firewall is the use of Secretary-certified investigations. For the first time in DOL history, the Secretary of Labor will personally certify the initiation of investigations where there is "reasonable cause" to believe an employer is not in compliance. Investigations may be launched through secretary certification or traditional enforcement channels. This marks a significant expansion of the DOL's enforcement role and, according to a report by Bloomberg Law on April 7, 2026, a DOL official noted "the department has marked a 48% increase in its caseload" of H-1B investigations since launching the program.
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More US Visa Applicants Will Be Subject to Online Screening Starting March 30
On March 25, 2026, the US Department of State (“DOS”) announced that beginning March 30, it is expanding its review of applicants’ online presence to include several additional nonimmigrant visa categories. The expanded screening update includes those applying for A-3, C-3 (for domestic workers), G-5, H-3 (and H-4 dependents of H-3 holders), K visas (K-1, K-2, K-3), as well as Q, R-1, R-2, S, T, and U visas. Visa applicants under these categories will now undergo a review of their publicly available social media and online activity. To facilitate this vetting, all applicants are instructed to adjust the privacy settings on all of their social media profiles to “public.”
Read moreGlobal Entry Program on Ice
On February 22, 2026, the Department of Homeland Security (“DHS”) announced that it was suspending the Customs and Border Protection (“CBP”) Global Entry program, which is used by millions of air travelers for expedited airport screening at customs upon arrival in the United States. The suspension, they claim, is a consequence of the partial government shutdown that began on February 14, 2026, stemming from the ongoing dispute in Congress over funding for Immigration and Customs Enforcement (“ICE”). Global Entry is a trusted traveler program, that allows vetted, pre-approved travelers who have paid for the service, expedited clearance when entering the United States and has been referred to by CBP as the “perfect program for frequent international or business travelers.”
Read moreFY2027 H-1B Lottery Kick Off
Here we are, ready to kick off the fiscal year 2027 (“FY2027”) H-1B cap. US Citizenship and Immigration Services (“USCIS”) announced the initial registration period for the FY2027 H-1B cap will begin at 12 Noon Eastern on March 4, 2026, and run through 12 Noon Eastern on March 19, 2026. During this registration period, prospective petitioners and representatives will be able to submit their H-1B registrations using online accounts and pay the required fee of $215 for each registration submitted on behalf of individual beneficiaries. The Service is maintaining its beneficiary-centric selection process launched for FY2025.
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