Immigration Law and Legal Insights

Employers who successfully navigated the FY 2027 H-1B cap filing season face critical compliance and planning decisions before the October 1 start date. From coordinating change-of-status versus consular processing timelines to monitoring ongoing litigation over the $100,000 H-1B fee, HR and global mobility teams must address multiple moving parts to ensure smooth transitions into H-1B employment while avoiding costly onboarding delays and immigration risks.

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.

International student-athletes face significant barriers to participating in the NIL marketplace due to F-1 visa employment restrictions, creating a legal gray zone where opportunities available to their U.S. citizen teammates may jeopardize their immigration status. As NIL becomes central to college sports through developments like the House settlement...

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

Immigration attorneys Kate Kalmykov and Jennifer Hermansky examine the critical September 30 grandfathering deadline for EB-5 regional center investors, explaining what protections it offers and what risks remain even after filing. They also analyze recent favorable Administrative Appeals Office decisions on partial investment cases and discuss USCIS's newly released Notice of Proposed Rulemaking implementing the EB-5 Reform and Integrity Act.

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.

A recent reminder to international travelers that the contents of their phone may be subject to inspection when entering the United States came from the U.S. Court of Appeals for the Seventh Circuit.

International student-athletes face significant barriers to participating in the NIL marketplace due to F-1 visa employment restrictions, creating a legal gray zone where opportunities available to their U.S. citizen teammates may jeopardize their immigration status. As NIL becomes central to college sports through developments like the House settlement...