Dear Readers,
The pace of change being pushed out in the US immigration system is not slowing down. The Administration continues to release massive policy changes including
- a new public charge rule that will give government officials considerable new discretionary powers when they decide an applicant can’t demonstrate they won’t fall below the poverty line;
- a new memorandum allowing USCIS officers to directly deny applications or petitions without first issuing a Request for Evidence or a Notice of Intent to Deny if the applicant fails to establish basic eligibility at the time of filing;
- A new USCIS rule allowing certain affirmative asylum applications to be referred directly to an immigration judge for a decision without requiring an interview with an asylum officer;
- Mandatory e-filing with USCIS for specific types of immigration matters (yet to be announced);
- Arrests by ICE in airports of people with pending adjustment applications and no history of violating immigration law;
- A new rule ending “duration of status” for F, J, and I nonimmigrants along with new versions of the Form I-549 and I-765.
All of these represent massive changes in the way the government handles immigration cases and most are not welcome (though e-filing has at least the possibility to improve the system if implemented well).
There are also developments that the Administration is also not happy with, mainly court orders blocking various initiatives they’ve pursued. One example is a federal case in Boston blocking the Administration’s $100,000 H-1B fee. Siskind Susser is counsel in a separate case filed in San Francisco that remains pending. Another case is a Rhode Island federal district court case that struck down USCIS’ 39-country benefits pause. Siskind Susser is also co-counsel to various cases challenging the policy that remain pending.
The back and forth between massive swings by the Administration and push back in the courts will continue. But in the meantime, the US’ reputation continues to be damaged as people around the world who we should be attracting are concerned about what they may face.
In Siskind Susser news, I’m pleased to announce that my law partner Jason Susser and I and our Visalaw.ai colleague Josh Waddell have authored a new book for the American Bar Association entitled The AI-Ready Law Firm: How Lawyers Use Generative Tools to Work Smarter and Serve Clients Better. The book is available for purchase at https://www.americanbar.org/products/inv/book/458897270/.
As always, we invite readers to schedule consultations with us by going to www.visalaw.com/consultation. Thanks and enjoy the rest of summer!
Best,
Greg Siskind
Global Mobility News
Written by Marshal Garbus
August at a Glance
Italy — Descent Claims Head to Luxembourg
What happened: At the end of July, Italy’s Constitutional Court asked the Court of Justice of the European Union to weigh in on the 2025 citizenship by descent reform. The question put to Luxembourg is whether EU citizenship guarantees can coexist with a national rule that retroactively cuts off recognition for foreign-born claimants who already hold another nationality.
The newly issued order does not invalidate Law 74/2025, which remains remains legally binding. Individual judges retain discretion to either continue or pause similar cases pending a definitive decision from the Court of Justice of the European Union.
European Union — Ukrainian Temporary Protection Runs to March 2028
What happened: Member states signed off on July 15 to carry temporary protection for people displaced from Ukraine through March 4, 2028 — a further year beyond the prior expiry. Formal adoption and publication in the Official Journal follow shortly.
Going forward, applicants will need to show they have satisfied Ukrainian military obligations, evidenced by an exit stamp confirming lawful departure or documentation of exemption or compliance. This condition reaches new applicants only; anyone already holding protection is unaffected.
United Arab Emirates — Visa on Arrival Widened
What happened: Nationals of Indonesia, Vietnam, Thailand, the Philippines, Kenya, and South Africa traveling on ordinary passports, plus family accompanying them, can now obtain a visa at the UAE border — but only if they hold a valid residence permit in the US, an EU member state, the UK, Singapore, Japan, Korea, Australia, New Zealand, or Canada.
Two options. The 14-day version costs Dh100 and can be extended once from inside the country. The 60-day version costs Dh250, covers a single stay, and cannot be extended. Overstays run Dh50 a day.
South Africa — Trusted Employer Scheme Reopens (Deadline September 4)
Employers with South African operations have until 4 September to put their names forward for the second phase of the Trusted Employer Scheme, gazetted by the Department of Home Affairs on 20 July. As background, TES accreditation is granted to a company and once on the list, work visa applications it sponsors move faster and require less supporting paperwork. Home Affairs designed the scheme around senior executives, technical personnel, corporate employees, and investors. Phase II opens the door to businesses that were shut out of the first round — those running infrastructure projects, those operating a Global or Regional Head Office from South Africa, and financial sector entities structured as Synthetic Financial Centres. Applicants choose the single pathway that fits their business and are scored against that pathway’s criteria. Filings go through the TES portal on the Home Affairs site.
In The News From ABIL
Trump Administration Considers $100,000 Fee for International Students to Work in United States
The Trump administration is considering charging a $100,000 fee for international students wanting to work in the United States after graduation, likely via the Optional Training Program.
DHS Detentions Increase at Airports
A growing number of foreign nationals have been detained by the Department of Homeland Security at U.S. airports while traveling between states, even if they had pending applications and were in a period of authorized stay, including spouses of U.S. citizens, tech workers, and others.
DOS Proposes Changes to Exchange Visitor Program Rules
On July 30, 2026, the Department of State published a proposed rule that would make changes to the Exchange Visitor Program.
DHS said the rule will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications and thus reduce the asylum backlog.
First Circuit Denies Stay in $100,000 H-1B Fee Case
The $100,000 H-1B application fee remains vacated pending a decision on the merits in the underlying appeal.
A U.S. district court issued an order granting, in part, plaintiffs’ emergency motion for an administrative stay of certain USCIS policies based on H.R. 1 (the “One Big Beautiful Bill Act”). The plaintiffs are membership-based organizations representing individuals holding Temporary Protected Status and pending asylum applicants.
DHS Is Assessing Daily Fines for Failure to Leave the United States After Removal Order
The Trump administration has begun issuing letters assessing fines of $998 per day for an individual’s failure to leave the United States after receiving an order of removal, regardless of whether the person is pursuing an alternate form of immigration relief or has a work permit or other permission to remain in the United States.
DOS Announces ‘B’ Visa Expedited Appointment Pilot Program, Starting With Mission Mexico
The Department of State is testing a voluntary, optional nonimmigrant visa expedited appointment program for B visas at select U.S. embassies and consulates through December 31, 2026, starting with Mission Mexico (embassy and all consulates).
USCIS Updates TPS Guidance for Haiti
On July 24, 2026, U.S. Citizenship and Immigration Services (USCIS) posted an update regarding the status of employment authorization documents (EADs) for temporary protected status (TPS)-holders from Haiti. TPS and associated EADs remain valid and extended per a court order.
DHS Finalizes Rule Eliminating Duration of Status for F, J, and I Nonimmigrants
The Department of Homeland Security released its long-anticipated final rule changing the admission period in the F, J, and I classifications from duration of status to admission for a fixed time period tied to the nonimmigrant’s program.
USCIS Reaches FY 2027 H-1B Cap
U.S. Citizenship and Immigration Services has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption for fiscal year 2027.
DHS Rescinds Public Charge Regulation
The rule applies to applications for admission made on or after September 18, 2026, or applications for adjustment of status postmarked or electronically submitted on or after that date.
The new guidance, which moved the expiration date for work authorization to July 17, 2026, for Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria, and Yemen, and to July 24, 2026, for Haiti, superseded recent previous guidance.
E-Verify Announces TPS-Related Revisions to Handbook for Employers
Sections 5.0 through 5.3 have been revised due to developments that have reduced or eliminated the automatic extension periods for qualifying Temporary Protected Status applicants and beneficiaries.
No Immediate Changes to TN Visa; USMCA Review Process Begins
The Trump administration will not renew the United States-Mexico-Canada Agreement, triggering the agreement’s built-in six-year review process and beginning a potential 10-year path toward expiration. There is no immediate impact to Trade NAFTA (TN) nonimmigrant status or the ability of Canadian and Mexican professionals to obtain TN classification.
OFLC Announces List of Randomized H-2B Applications With Work Start Date of October 1
The Department of Labor’s Office of Foreign Labor Certification announced the Assignment Groups for 2,625 H-2B applications covering 51,158 worker positions with a work start date of October 1, 2026, received during the July 3-5, 2026, filing period.
Fifth Circuit’s Mandatory Detention Policy Remains in Effect Pending En Banc Review
In Sosnava Rodriguez v. Ortega (5th Cir., No. 26-50183), the Fifth Circuit vacated its July 2, 2026, panel decision that granted noncitizens a constitutional right to an individualized bond hearing after 90 days.
DOS Issues Final Rule on Permanent Visa Bond Program for B-1/B-2 Visitors
Under the program, an applicant for a visa as a temporary visitor for business or pleasure (B-1/B-2) may be required to submit a visa bond “to ensure that the alien maintains his or her nonimmigrant status and departs as required. Consular officers may require covered nonimmigrant visa applicants to post a bond of up to $20,000 as a condition of visa issuance, as determined by the consular officers.”
USCIS Clarifies That Immigration Benefit Requests May Be Denied Without RFEs
Applications for immigration benefits can be denied without first issuing a Request for Evidence or a Notice of Intent to Deny if “all required initial evidence” has not been submitted with the application.
DHS Final Rule Requires 9-11 Biometric Fee for Certain H-1B and L-1 Nonimmigrant Visa Petitions
On August 10, 2026, the Department of Homeland Security (DHS) plans to publish a final rule amending its regulations on the 9-11 Response and Biometric Entry-Exit Fee for certain H-1B and L-1 nonimmigrant visas. The final rule requires that covered employers submit the fee ($4,000 for H-1B petitions and $4,500 for L-1 petitions) for all H-1B and L-1 extension-of-status petitions regardless of whether the related fraud prevention and detection fee applies.
U.S. Citizenship and Immigration Services has released updated guidance on court-ordered extensions of work authorization under Temporary Protected Status.
August Visa Bulletin Shows Little Forward Movement
The Department of State’s Visa Bulletin for August shows little forward movement across several employment-based categories.
President Trump Signs New Executive Orders Limiting Birthright Citizenship
President Trump signed two new executive orders on August 6, 2026, to limit birthright citizenship for those he deems not to “fall within the rule of birthright citizenship announced by the Supreme Court.”
DHS Considers Elimination of 60-Day Grace Period Following Termination of Sponsored Employment
If the proposed rule is finalized as anticipated, employees who are terminated early from their positions and their family members may need to leave the United States immediately and (if they wish) apply for new status from abroad at a U.S. embassy or consular post. The text of the rule is not yet available.
The publication date and edition date for both forms is 09/15/26. U.S. Citizenship and Immigration Services (USCIS) said that it will reject older forms starting on September 15, 2026. Because there will be no grace period, USCIS released “preview versions” of the forms and instructions.
The Board of Immigration Appeals has ruled that the term “departure” under the Immigration and Nationality Act does not include an exception for persons who leave the United States temporarily with a grant of advance parole.
DHS Issues Interim Rule on Mandatory Electronic Filing
The interim final rule will allow U.S. Citizenship and Immigration Services to require mandatory electronic filing of certain benefit requests.
E-Verify Status Change Report Expands
The E-Verify Status Change Report has expanded in scope. Previously, the report only identified parolee (category C11) Employment Authorization Documents (EADs) that were invalidated. It now identifies employees with asylum or Temporary Protected Status-related EADs that have been invalidated.
DOS Establishes New Birth Tourism Prevention Task Force
The Department of State has established a Birth Tourism Prevention Task Force to “[review] the activities of visa holders worldwide to identify instances of birth tourism, take action to revoke visas of those who engage in or facilitate it, and dismantle the networks that profit from this abuse.”
DOS Issues Guidance on Fixed Period of Admission for Sponsors of J Nonimmigrant Exchange Visitors
Pursuant to a final rule establishing a fixed period of admission, effective September 15, 2026, for exchange visitors, international students, and others, the Department of State issued guidance for J exchange visitor sponsors.
State Department Visa Bulletin
To view the August 2026 Visa Bulletin from the State Department, click here.