Posts
Notes and updates on immigration law.
EB-2 China to EB-3: When a Second I-140 May Be Worth Considering
Our recent discussion of the October 2026 Visa Bulletin highlighted the significant forward movement for China employment-based applicants, particularly in the EB-3 category. That movement has also brought back a question we have received frequently in the past: Should an EB-2 China applicant consider “downgrading” to EB-3? For some applicants, it may be an option…
October 2026 Visa Bulletin: Employment-Based Filing Dates Advance for China
The Department of State has released the October 2026 Visa Bulletin, the first bulletin of fiscal year 2027. The new fiscal year brings significant movement in several employment-based immigrant visa categories, particularly for China, while some worldwide categories have retrogressed. For applicants in the United States, one of the most important developments is that USCIS…
Two Massachusetts Marriage-Based Green Card Cases Approved in About Three Months
Two recent marriage-based adjustment of status cases handled by our office received unusually quick approvals in Massachusetts. Case 1: Form I-485 received June 8, 2026; approved August 28, 2026 — 81 days. Case 2: Form I-485 received June 15, 2026; approved September 16, 2026 — 93 days. In both cases, the applicant sought a green…
When USCIS Misses the Premium Processing Deadline: Two Fee Refunds
Premium processing offers a defined timeframe for USCIS to take action on an eligible petition. It does not guarantee approval within that timeframe. If USCIS fails to take the required action, however, the premium processing fee may be refunded while the case continues. Our firm recently received refund notices in two Form I-129 cases. Both…
$100,000 H-1B Fee Extended Through September 2027
On September 18, 2026, President Trump issued a new Presidential Proclamation extending the $100,000 H-1B payment requirement for another 12 months, through September 21, 2027. The $100,000 payment requirement was originally imposed in September 2025 and generally applies to certain new H-1B petitions for beneficiaries outside the United States who will need to enter the…
New H-1B Executive Order Puts Employer Layoffs Under Scrutiny
A new Executive Order directs federal agencies to consider recent and planned employer layoffs when reviewing H-1B filings, visas, and admission.
PERM Processing Times Continue to Improve in 2026
PERM labor certification processing times have improved significantly during 2026. On September 12, 2026, our office received certification of a PERM application filed on November 14, 2025. The case was certified in just under 10 months without an audit. This represents a substantial improvement from the processing times we were seeing earlier this year. A…
New Interview Questions Emerging After the Memo
In addition to the language of the memo itself, other attorneys are already reporting new lines of questioning at marriage-based I-485 interviews, particularly in cases involving B-2 visitor visa entry prior to adjustment filing. Reported questions include: These questions are extremely revealing because they help clarify what USCIS is now focusing on under the new…
New USCIS Adjustment of Status Memo: What Employment-Based and Family-Based Applicants Should Know
On May 21, 2026, USCIS issued a new policy memorandum emphasizing that Adjustment of Status (“AOS” or Form I-485) is an “extraordinary” discretionary benefit and not something intended to routinely replace normal immigrant visa processing abroad. The memo has understandably generated significant concern, and our office has been flooded with questions over the past several…
USCIS Announces FY 2027 H-1B Registration Dates and New Wage-Weighted Lottery Rule
USCIS has announced the registration window for the Fiscal Year 2027 H-1B cap season and confirmed that this year will be the first time the agency implements the new wage-weighted lottery system. Together, these updates represent one of the most significant changes to the H-1B process in years and will directly affect employer strategy, budgeting,…