Immigration Law and Legal Insights

The H-1B visa program faces mounting compliance challenges as the Department of Labor's Project Firewall initiative expands enforcement authority and audit capabilities. With increased scrutiny on wage levels, offsite placements, and employer practices, navigating H-1B compliance has become more complex than ever. Understanding these new enforcement mechanisms and their implications is critical for employers seeking to maintain compliant H-1B programs.

The U.S. Department of Homeland Security has fundamentally restructured admission requirements for international students, exchange visitors, and foreign media representatives by replacing the longstanding "duration of status" framework with fixed time periods. What will these changes mean for the hundreds of thousands of individuals currently studying or working in the United States under F, J, and I visa classifications, and how should employers and academic institutions prepare for the September 2026

USCIS issued a controversial policy memo in May 2026 reframing adjustment of status as "extraordinary" relief, sparking alarm across immigration communities before the agency quickly walked back its messaging. While the memo directed officers to weigh negative factors more heavily and favor consular processing, DHS clarified it was merely a reminder of existing discretionary authority, with practitioners reporting minimal impact on adjudication outcomes over a month later.

The H-1B visa program faces mounting compliance challenges as the Department of Labor's Project Firewall initiative expands enforcement authority and audit capabilities. With increased scrutiny on wage levels, offsite placements, and employer practices, navigating H-1B compliance has become more complex than ever. Understanding these new enforcement mechanisms and their implications is critical for employers seeking to maintain compliant H-1B programs.

The U.S. Department of Homeland Security has fundamentally restructured admission requirements for international students, exchange visitors, and foreign media representatives by replacing the longstanding "duration of status" framework with fixed time periods. What will these changes mean for the hundreds of thousands of individuals currently studying or working in the United States under F, J, and I visa classifications, and how should employers and academic institutions prepare for the September 2026

USCIS issued a controversial policy memo in May 2026 reframing adjustment of status as "extraordinary" relief, sparking alarm across immigration communities before the agency quickly walked back its messaging. While the memo directed officers to weigh negative factors more heavily and favor consular processing, DHS clarified it was merely a reminder of existing discretionary authority, with practitioners reporting minimal impact on adjudication outcomes over a month later.

The Department of Homeland Security’s (DHS) final rule eliminating “duration of status” (D/S) for F-1 students and J-1 exchange visitors takes effect on Sept. 15, 2026. The rule will change how certain categories of nonimmigrants maintain lawful status in the United States.

May 2026, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum signaling a shift in how employment-based permanent residence cases may be processed. The memorandum encourages adjudicators to deny adjustment of status (Form I-485) applications rather than issue requests for evidence (RFEs) in appropriate cases, with the expectation that many applicants could instead pursue immigrant visa processing abroad through U.S. consulates.

As the September 30 grandfathering deadline approaches for the EB-5 regional center program, investors face critical decisions about filing their I-526E petitions to secure protection under current program rules. What protections does this deadline actually provide, and what recent Administrative Appeals Office decisions mean for investors considering partial investment strategies? Immigration attorneys Kate Kalmykov and Jennifer Hermansky examine these urgent questions while analyzing USCIS's newly release