On June 8, 2026, a federal district court ruled that the fee was unlawful and vacated the rule nationwide. More recently, on July 24, 2026, the U.S. Court of Appeals for the First Circuit declined the government's request to reinstate the fee while the appeal is pending, meaning the fee remains unenforceable.

Although the government's appeal is still pending, the appellate court's decision to leave the district court's ruling in place suggests that the fee is unlikely to return in the near future. We will continue to monitor developments and provide updates as they become available. If you have any questions about how this decision may affect your H-1B workforce or future filings, please contact our office.

This is very disappointing news to many.  If your company has an H-1B applicant that was not selected this year, there may be alternative immigration options.

Our law office would be happy to schedule some time to explore these with you.  Please reach out to me if you wish to schedule.  Otherwise, we regret that based on this update we will be closing all other H-1B preregistration cases and no further action will be taken. We will be reaching out to each company regarding active H-1B Pre-Registration cases. 

Rather than applying the current rule's narrow, defined framework, officers will have broader discretion to assess an applicant's overall circumstances — including a wider range of public benefits, along with factors such as income, employment, health, age, education, household composition, and a sponsor's financial ability. Applicants should expect to provide more extensive financial documentation.

The rule will take effect on September 18, 2026. USCIS will publish a revised Form I-485, Application to Register Permanent Residence or Adjust Status.

For more information, please visit the Federal Register : Public Charge Ground of Inadmissibility.

If you have questions about how this rule may affect your green card application, adjustment of status filing, or sponsorship obligations, please do not hesitate to contact our office.

Currently, many individuals in these categories are admitted for the duration of their authorized program or status. Under the new rule, DHS will move toward a fixed period of admission, which may require certain individuals to take additional steps if they need to remain in the United States beyond their initial period of admission.

Our office will continue to review the impact of this rule and provide additional updates as more information becomes available.

If implemented, the proposed filing fees would be:

• Form N-400 (Application for Naturalization)

• $1,330 for paper filings

• $1,280 for online filings

• Form N-336 (Request for a Hearing on a Decision in Naturalization Proceedings)

• $1,475 for paper filings

• $1,425 for online filings

While the rule has not yet taken effect, DHS is expected to move forward with implementation, anticipated by the year-end. We will continue to monitor developments and provide updates as additional information becomes available.

If you have questions about how these proposed fee increases may affect your naturalization application or immigration plans, please contact our office.

Applicants who pay for an expedited appointment remain subject to all standard visa eligibility and processing requirements, including any administrative processing deemed necessary, and an expedited appointment does not guarantee visa issuance. Payment of the fee does not entitle the applicant to expedited processing beyond the scheduling of the interview appointment and the return of the passport with the visa, if approved and as available.

Our office will continue monitoring developments and sharing updates as more news is available.

This is due to the statutory visa limits under the Immigration and Nationality Act, which caps both overall EB-2 visa availability and per-country allocations. EB-2 visa issuance for India will resume at the start of FY 2027 on October 1, 2026, when new visa numbers become available.

If you have any questions about whether this impacts your case, please do not hesitate to reach out to our office.

USCIS has not yet defined what qualifies as “extraordinary circumstances,” and the agency has stated that officers will make determinations case‑by‑case.

At this time, the policy appears to apply broadly to all nonimmigrants seeking permanent residence from within the United States, including:

·        H‑1B, L‑1, O‑1, TN, E‑1/E‑2 workers

·        F‑1 students

·        J‑1 exchange visitors

·        B‑1/B‑2 visitors

·        Other temporary visa holders

USCIS has not yet clarified whether certain categories—such as immediate relatives of U.S. citizens, long‑term nonimmigrants, or individuals with pending applications—will be treated differently.

We Will Continue to Monitor Developments

This is a significant policy shift. Because the agency has not yet provided detailed criteria, it is too early to determine how this policy will be applied in practice.

We will provide updates as soon as additional guidance becomes available.

If you have questions about how this policy may affect your case or your employees, please contact our office.

This USCIS has not announced this or provided official guidance.  However, it is believed that this hold may be the result of a new security vetting process that may be imminent. The new vetting process may require a new set of fingerprints to be done for almost all pending cases.

It is not yet known when this policy will be announced, how the policy will be rolled out, how many foreign nationals will be impacted, or how long a delay this will cause.

Law Office of Adrienne J Vaughan LLC is part of a national coalition which is monitoring this situation across the country, and we will provide updates as they are announced.  Thank you for your patience and understanding.  For specific questions or concerns, please do not hesitate to contact our office.

In solidarity, Adrienne J Vaughan, Esq.

Following an internal review, USCIS concluded that prior vetting measures were inadequate and determined that applications were approved and individuals naturalized who should not have been. The agency cited this as creating national security and public safety risks that undermine the integrity of the immigration system.

To carry out these increased security measures, USCIS issued three policy memoranda placing holds on the following benefit categories: - PM-602-0192: Hold and Review of all Pending Asylum Applications and all USCIS Benefit Applications Filed by Aliens from High-Risk Countries; - PM-602-0193: Hold and Review of Pending USCIS Adjustment of Status Applications Filed by Aliens Under the Diversity Immigrant Visa Program - PM-602-0194: Hold and Review of USCIS Benefit Application Filed by Aliens from Additional High-Risk Countries

I. Enhanced Screening and Vetting Practices: USCIS has taken the following actions to enhance screening and vetting practices:

• Shortened validity periods for certain Employment Authorization Documents to require more frequent security checks;

• Updated photograph reuse policies including biometric identity verification when reusing fingerprints;

• Increased social media, financial vetting, and community interviews;

• Launched Operation PARRIS to conduct additional background checks, re-interviews, and merit reviews of refugee claims;

• Developed system connectivity for automatic notifications of biometric matches and new criminal information; and

• Required final arrest encounter reviews and Department of State Consular Consolidated Database checks before final adjudication.

II. Categories with Lifted Holds: USCIS has established an internal review process to lift holds on induvial and group cased. However, USCIS has not published further information regarding the process details. Holds have been lifted for the following individuals:

• Foreign nationals vetted through Operation PARRIS;

• Certain petitions filed by U.S. citizens;

• Intercountry adoption forms;

• Certain rescheduled oath ceremonies;

• Statutory and regulatory decision issuance;

• Refugee registrations for South African citizens/nationals;

• Certain special immigrant visa petitions;

• Certain employment authorization documents; and

• Asylum applications from non-high-risk countries.

USCIS is conducting a country specific risk analysis with the Department of State to recommend further “improvements” to existing screening practices. The agency is also developing a vetting plan including classified and unclassified information, expanded criminal history checks, identity verification, and ad hoc security checks. Furthermore, USCIS is developing guidance for adjudicators to align interview resources for country specific risks including document reliability and designated Foreign Terrorist Organizations.

Additional holds may be lifted on a rolling individual or group basis. We will continue to monitor USCIS guidance and provide updates as this situation evolves.

For more information, please visit the following link: FY 2027 H-1B Initial Registration Selection Process Completed | USCIS

If you have any questions, please do not hesitate to contact Law Office of Adrienne J. Vaughan, LLC.

Under this program, designated applicants applying for B-1/B-2 visitor visas will be required to post a “Maintenance of Status and Departure Bond” in the amount of $5,000, $10,000, or $15,000, at the discretion of the Consular Officer. This bond must be paid before the visa can be issued. The visa bond will be returned to the applicant if the visa holder substantially complies with the terms and conditions of their visa, including timely departure and maintaining proper status during their stay in the United States.

 For a list of all countries subject to the visa bond program, please visit: Countries Subject to Visa Bonds

If you have questions about how this program may affect your visa application or international travel plans, please contact our office.

Learn more about what to expect during the upcoming H-1B lottery season and how these changes could affect your application: FY2027 H-1B Lottery

If you are interested in filing an H-1B, please contact us at contact@ajvimmigrationlaw.com or 617-840-8515.

Importantly, this pause appears to apply only to immigrant visa processing at U.S. embassies and consulates abroad and does not affect individuals applying for adjustment of status from within the United States. The announcement further indicates that nonimmigrant visa processing (such as tourist, business, student, and work visas) will not be suspended. These visa categories remain unaffected.

According to recently released guidance from the Department of State:

• Immigrant visa applicants who are nationals of affected countries may continue to submit applications and proceed through the National Visa Center (NVC).

• Immigrant visa interviews may continue to be scheduled and conducted at U.S. embassies and consulates.

• However, no immigrant visas will be issued during the pause, even if an applicant attends an interview and the case is otherwise approvable.

The Department has stated that this pause is part of a broader review focused on ensuring that immigrants are financially self-sufficient and not likely to become a public charge. The full announcement and related guidance can be found on the U.S. Department of State’s website: Immigrant Visa Processing Updates for Nationalities at High Risk of Public Benefits Usage

Countries Affected

The suspension reportedly applies to individuals from the following countries:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen 

Key Takeaways

• Immigrant visa processing at U.S. consulates from these countries will be temporarily paused starting January 21, 2026.

• This suspension does not appear to affect applicants seeking adjustment of status within the United States.

• Non-immigrant visas, including tourist and business visas, do not appear to be affected.

• Applicants should be prepared for increased scrutiny regarding finances, skills, and prior use of public benefits.

If you have any questions about how these changes may affect you, or about other immigration matters, please do not hesitate to contact the Law Office of Adrienne J. Vaughan. Our office can be reached by email at contact@ajvimmigrationlaw.com or by phone at 617-840-8515.

The 18-month limit now applies to foreign nationals:

• Admitted as refugees or granted asylum

• Granted withholding of deportation or removal

• With pending applications for asylum or withholding of removal

• With pending applications for adjustment of status under INA 245

• With pending applications for suspension of deportation or cancellation of removal.

Additionally, under the Big Beautiful Bill (H.R. 1), the maximum validity period for initial and renewal EADs in certain categories is capped at one year. Alternatively, the limit is the end date of the authorized parole period or the duration of Temporary Protected Status (TPS), whichever comes first. This change will affect foreign nationals:

• Paroled as refugees

• Granted parole or TPS

• With pending TPS applicants

This change comes after USCIS eliminated automatic EAD extensions in October 2025, increasing the higher risk of work authorization gaps. It will also cause more frequent renewal applications and higher cumulative filing fees and legal costs.

USCIS allows EAD holders to file renewal applications 180 days before their EADs expire. If you currently hold an EAD, carefully track your expiration date to ensure timely filing of an EAD renewal application.

Should you have any questions regarding your Employment Authorization Document, please do not hesitate to contact the Law Office of Adrienne Vaughan.

Without automatic extensions, workers may lose their employment authorization due to processing delays—even when they've filed on time and remain eligible to work. The policy eliminates automatic extensions for 18 categories of workers, including: humanitarian cases, family-based immigration, work visas for derivatives, long-term residents, and special categories.

Workers in these categories must monitor their applications closely and plan for potential gaps in employment authorization.

For additional information and the list of categories that will no longer have access to the 540-day automatic extension: Categories Previously Eligible for Automatic Extensions

Attorney Adrienne Vaughan discusses these developments in this client update: Updated Guidance on H-1B Proclamation

If you have any questions about how these changes may affect you, or other immigration matters, please do not hesitate to reach out to the Law Office of Adrienne J. Vaughan by email at contact@ajvimmigrationlaw.com or by phone at 617-840-8515.

Key Points:

• Embassies & Consulates Remain Open for national security reasons.

• Visa Processing Continues for both immigrant and nonimmigrant cases

• Fee-Based Operations Continue, non-immigrant and immigrant visa services are not reliant on government appropriations therefore services will remain available as long as there are sufficient fees

• Delays Possible depending on staffing or broader shutdown effects.

If you have a visa application or appointment, expect services to proceed, but stay alert for possible delays or resource constraints.

To view and download the flyer, please use the following link: AILA | Government Shutdown