U.S. Immigration Updates – July 2026

Supreme Court Affirms Birthright Citizenship

On June 30, 2026, the Supreme Court ruled 6-3 in Trump v. Barbara that the 14^th Amendment guarantees citizenship to children born in the United States, rejecting the administration’s 2025 executive order that sought to deny citizenship based on parents’ immigration status. Chief Justice Roberts wrote for the majority, reaffirming the longstanding constitutional principle established in United States v. Wong Kim Ark. The ruling means birthright citizenship remains unchanged and unaffected nationwide. Read our full alert for what this means for foreign nationals and employers going forward.

Federal Court Pauses Decision to Declare $100,000 H-1B Fee an Unlawful Tax

On June 12, 2026, a U.S. district court partially stayed its decision on June 8, 2026, that vacated a Department of Homeland Security (DHS) policy implementing Presidential Proclamation 10973 by imposing a $100,000 fee on certain new H-1B petitions. The court allowed an alternative request for an administrative stay pending a decision by the U.S. Court of Appeals for the First Circuit on an anticipated motion to stay pending appeal from the defendants, provided the defendants file such a motion by Thursday, June 18, 2026.

In the June 8 decision, the court said that the $100,000 fee constituted an unauthorized supplemental tax. The court ruled in favor of the plaintiffs (20 state attorneys general), finding the Proclamation and the policy implementing it to be arbitrary and capricious, unconstitutional, and contrary to law.

Read more about how the court’s decision and what this means for employers in our Klasko Immigration Law Partners alert.

USCIS Follows Compliance Order to Resume Processing of Applications for Nationals From 39 Countries, But Files Appeal

On June 12, 2026, U.S. Citizenship and Immigration Services (USCIS) issued an alert under a court order, and subsequent compliance order, in Dorcas v. USCIS. The court had vacated policy guidance (PM 602-0192, PM 602-0194, and PA 2025-26) based on several presidential proclamations that resulted in a freeze on the processing of hundreds of thousands of green card, work permit, and asylum applications for nationals of 39 countries. On June 12, USCIS filed an appeal of the decision vacating the policies.

The court has required processing of the applications, but not approval; applicants must still meet eligibility requirements. Travel bans on certain countries are also still in place, as is the USCIS adjustment-of-status memorandum. Due to the complexities involved, the Alliance of Business Immigration Lawyers (ABIL) recommends contacting an attorney in specific cases, especially before international travel. ABIL also recommends that foreign nationals carry proof of their immigration status while in the United States.

Supreme Court Increases Re-Entry Risks for Green Card Holders With Criminal History

On June 23, 2026, the Supreme Court decided Blanche v. Lau, a case about the rights of green card holders when they return to the United States after a trip abroad. The case involved a green card holder who was returning from overseas with a pending criminal charge. A border officer used that pending charge to reclassify him as someone applying for admission for the first time. That reclassification changed which legal rules applied to him and put him at risk of removal.

The Court ruled 6-3 that border officers do not need clear and convincing evidence of a crime at the time of re-entry to reclassify a returning green card holder this way. The government can use evidence gathered later, including a conviction that happens after the person has already re-entered, to justify the reclassification, making removal and loss of green card status more likely.

This ruling is relevant only to green card holders who:

• Have a pending criminal charge or are under investigation;
• Have a prior arrest or conviction, even for a minor offense or one that is old or resolved; or
• Are currently facing any allegation of criminal conduct.

Such a change in status can lead to loss of procedural protections, including who bears the burden of proof in any removal proceeding, confiscation of a person’s physical green card and, in some cases, mandatory detention with no right to a bond hearing.

Read more about what this means for green card holders and employers in our Klasko Immigration Law Partners alert.

USCIS ‘Quietly’ Lifts Processing Holds for Physicians

According to reports, U.S. Citizenship and Immigration Services has “quietly” lifted processing holds in the United States on pending immigration benefit applications for physicians. This includes H-1B petitions filed by U.S. employers for physician employees and J-1 waiver-related adjustment of status applications.

Physicians were added on June 12, 2026, to the USCIS list, which includes individual or group cases with an established internal process for lifting holds that requires “comprehensive review by multiple offices.” The list is included in Update on USCIS’ Strengthened Screening and Vetting.

Read more about this update in our Klasko Immigration Law Partners alert.

Supreme Court Rules That Trump Administration Can Proceed With Termination of TPS for Haiti and Syria

On June 25, 2026, the Supreme Court ruled in Mullin v. Doethat the Trump administration can proceed with termination of Temporary Protected Status (TPS) for Haiti and Syria during litigation. The Court reversed the related lower court injunctions, and by its holding, also instructed federal courts to limit their future review of TPS terminations. Practitioners warned of the near-term implications for all TPS holders from countries whose designations have been terminated during the Trump administration.

The Court held that the TPS statute bars judicial review of non-constitutional claims, and that plaintiffs were “unlikely to prove that race was a motivating factor in the decision to terminate Haiti’s TPS designation, and it follows that they are not entitled to interim relief on their equal protection claim.”

Justice Elena Kagan’s dissent noted, among other things, that “the TPS statute mandates that [the Department of State] also advise on…whether, since an earlier TPS designation, the conditions in a country (here, Haiti and Syria) have become safe. The State Department did not do that here, so the Secretary did not fulfill her consultation requirement.” She also pointed out that “the majority claims to see no evidence that race played any role in the Haiti decision. But the evidence is there, plain to see, in the President’s statements, which the majority (and for that matter, his own lawyers) cannot even bear to repeat. Once that much is established, the case for interim relief is made: There is no dispute that the plaintiffs will suffer irreparable harm absent postponement of the TPS decisions. So the plaintiffs are entitled to stay in this country while these suits go forward.”

The American Immigration Lawyers Association (AILA) said in a statement that it was “deeply alarmed” by the ruling and that it “undermines national and economic interests.” AILA President Jeff Joseph said, “Even the Department of State says that no part of Syria is safe, and has issued security advisories due to unrest in Haiti. Conditions are likely to remain so for the foreseeable future. Yet, the Supreme Court’s decision today could force these individuals back to these devastating conditions in a matter of days. It also allows the Administration to arbitrarily terminate all other TPS designations with impunity going forward.”

Benjamin Johnson, AILA Executive Director, said, “I want every member of Congress to look around their community and state, to listen to employers and residents about what harm will come if TPS holders are forced back to dangerous conditions and removed from the communities they have become integral to.”

Haitian and Syrian TPS holders’ work authorization is set to expire on Wednesday, July 1, 2026. The ruling is likely to accelerate the resolution of pending challenges to the administration’s decisions to end work authorization and status for other TPS-designated countries. As such, others with TPS also likely will see their work authorization end in the coming weeks and months.

Read more about the court’s ruling and what this means for employers in our Klasko Immigration Law Partners alert.

Warning: Fake USCIS Web Pages

Practitioners are warning U.S. Citizenship and Immigration Services (USCIS) users about fake web pages that may pop up when a person is navigating to or within the USCIS website. The pages look real at first glance but include misinformation and an incorrect URL and logo.

The official USCIS website is at https://www.uscis.gov/. Below is a screenshot example of a fake page URL:

DOS Creates $750 Fee for Expedited B-1/B-2 Nonimmigrant Visa Interview Appointments

The Department of State (DOS) published a temporary final rule, effective July 1 through December 31, 2026, to create a $750 fee for an expedited B-1/B-2 business and tourism nonimmigrant visa (NIV) interview appointment. The new fee will allow B-1/B-2 visa applicants to secure an interview appointment at selected posts within 10 business days, subject to availability.

DOS said that this service “will be an optional premium addition to the standard NIV application fee and will be offered only to applicants at limited posts as published on travel.state.gov and in limited quantities.” It is being offered as a pilot program “to assess demand from applicants for visas who seek to bypass longer wait times for visa interviews,” DOS explained.

Immigration attorneys have noted that the pilot program appears to create a separate, fee-based pathway to expedited B-1/B-2 visa appointments that does not require applicants to demonstrate urgent circumstances, such as significant business needs, medical emergencies, humanitarian issues, or other compelling reasons. The new fee only expedites the visa appointment, not processing otherwise, and the usual fees are still required. The expedited appointment does not guarantee visa issuance, and it does not expedite any later adjudicative steps, including administrative processing.

Visa Bulletin for July 2026 Includes Updates for China, India, Philippines

The Department of State’s Visa Bulletin for July 2026 includes updates for China, India, and the Philippines in several employment-based green card categories:

• Retrogression in the EB-1 category for India. High demand has made it necessary to retrogress the final action date to hold number use within the fiscal year (FY) 2026 annual limit. Further retrogression or making the category unavailable may be necessary in the coming months if India’s pro-rated limit in this category is reached before the fiscal year ends.
• Unavailability of EB-2 numbers for India. India’s pro-rated EB-2 limit was reached, and the category is unavailable for the remainder of FY 2026. In October, when the new fiscal year starts, the final action date is likely to advance but will depend on demand for EB-2 numbers by Indian applicants and the FY 2027 annual limit on employment-based visas.
• Visa availability in the EB-2 category for China. It may be necessary to retrogress the final action date or make this category unavailable in the coming months to hold number use within the maximum allowed under the FY 2026 annual limit.
• Visa availability in the EB-3 category for the Philippines. It may be necessary to retrogress the final action date or make this category unavailable in the coming months to hold number use within the maximum allowed under the FY 2026 annual limit.

Unavailability of EB-5 unreserved numbers for India. India’s pro-rated EB-5 unreserved limit was reached, and the category is unavailable for the remainder of FY 2026. In October, the final action date is likely to advance but will depend on demand for EB-5 unreserved numbers by Indian applicants and the FY 2027 annual limit on employment-based visas.

India: Tightened Registration Deadlines for Foreign Nationals

India’s Ministry of Home Affairs notified the Immigration and Foreigners (Amendment) Rules, 2026, on June 1, 2026, effective immediately.

The most significant change affects FRRO/FRO registration timing. Foreign nationals on visas of 180 days or less who wish to extend their stay must now register before the 180-day mark expires, rather than within 14 days after it. Late registration remains possible only under emergent circumstances.

The rules also modify child citizenship reporting requirements. The previous obligation to report a child’s birth when one parent is an Indian citizen has been removed; in its place, a new requirement mandates notifying the Registration Officer within 30 days if that child later acquires foreign citizenship. Employment visa subcategories have also been reorganized, though this change is classificatory in nature. (See Fact-Check note below on this sentence.) For the first time, the rules establish an online appeals mechanism. Anyone affected by an order may file an appeal electronically with the Commissioner of the Bureau of Immigration within 30 days of receiving the order.

New Zealand: New Short-Term Work Visa for Graduates Introduced

New Zealand will introduce a new Short-term Graduate Work Visa starting 16 November 2026, giving eligible international graduates six months of open work rights to search for employment and, where appropriate, move into an Accredited Employer Work Visa. To qualify, graduates must: (1) hold a qualification at NZQCF Level 5 to 7, completed through at least 24 weeks of full-time study in New Zealand; (2) have at least NZD $5,000 available to support themselves; (3) have a valid medical certificate and chest X-ray, depending on length of stay; and (4) have written approval from the Ministry of Foreign Affairs and Trade or Education New Zealand, if their study was funded under the New Zealand Scholarship Programme. Applications must be submitted within three months of the graduate’s student visa expiring. The visa does not allow business ownership or self-employment, and graduates who have already held a Short-term Graduate Work Visa or Post Study Work Visa are not eligible. N

ew Zealand is also expanding Post Study Work Visa eligibility from the same date to graduates who complete a Graduate Diploma at NZQCF Level 7 in New Zealand and hold a bachelor’s degree, whether from New Zealand or overseas. The visa will be issued for the length of time spent studying the graduate diploma, up to a maximum of one year.

Philippines: AEP Applications Now Processed by Central Office

The Philippine Department of Labor and Employment (DOLE) issued Administrative Order No. 199 on June 8, 2026, directing all Alien Employment Permit (AEP) processing to move from regional offices to the DOLE Central Office, effective June 9, 2026. Regional offices immediately stopped accepting, evaluating, and issuing AEP applications for both new and renewal filings. Applications submitted to a regional office before the close of business on June 8 will be transferred digitally to the Central Office, where processing will continue from the point of transfer without penalty or delay to the applicant.

Estonia: Employer Change Rules Relaxed for Foreign Workers

Estonia’s parliament, the Riigikogu, passed amendments to the Aliens Act that took effect May 22, 2026, the deadline for transposing the EU’s Single Permit Directive into national law. Employment permit holders can now switch employers without filing for a new permit: the new employer simply registers the change with the Police and Border Guard Board, which has 30 days to decide. Workers who lose their jobs can stay registered as unemployed for up to three months (or six months if their permit has been valid two years or longer), provided they can show enough funds to support themselves in Estonia after the first three months.

A separate amendment creates a new exemption for sectors facing labor shortages, such as manufacturing and transport and warehousing. Jobs in these sectors are exempt from Estonia’s annual immigration quota and don’t require approval from the Unemployment Insurance Fund, though they carry a salary threshold of 80 percent of the national average gross monthly wage. The government will cap permits under this exemption at 0.1 to 0.2 percent of Estonia’s population annually, depending on GDP growth.

The amendments also raise the maximum fine for employer violations from €3,200 to €100,000.

France: EU Blue Card Reforms Expand Mobility and Eligibility

A decree published April 25, 2026 added a short-term work permit exemption to France’s EU Blue Card rules: holders of an EU Blue Card or qualifying EU long-term residence permit issued by another EU member state may now work in France for up to 90 days in any 180-day period without a separate French work authorization.

The April 2026 decree also advanced the regulatory framework for an experience-based eligibility pathway that Law No. 2025-391 introduced when it took effect May 2, 2025. Under that pathway, applicants with at least three years of relevant professional experience in the past seven years may qualify for a French Blue Card without a formal degree, for professions to be listed in a separate ministerial order not yet published.

Ireland: Jobs Added to Permit Lists, 50:50 Rule in Review

Ireland’s Department of Enterprise, Tourism and Employment has confirmed 32 changes to the list of jobs eligible for employment permits, following a review that began in summer 2025. Six roles are now eligible for Critical Skills Employment Permits, eleven roles gain access to General Employment Permits (nine without quotas, two subject to new quotas), and fifteen existing quotas have been renewed. The changes address shortages in construction, healthcare, transport, and agri-food.

Separately, the government has approved a proposal from Minister Peter Burke to begin preparing amendments to the Employment Permits Act 2024 concerning the “50:50 rule.” The rule currently requires employers to maintain a workforce that is at least 50 percent Irish, EEA, UK, or Swiss nationals to qualify for permits. The review is focused on the health and social care sector, particularly nursing homes, disability care, and homecare, where the department cites concerns about continuity of patient care. Any change would require legislative amendment and has not yet taken effect.

Poland: All EU Residence Documents Expire August 2026

All residence certificates, permanent residence documents, and residence cards issued in Poland to EU citizens and their non-EU family members through August 1, 2021, will expire on August 3, 2026, even if the document states a longer or indefinite validity period.

Poland’s Office for Foreigners confirmed the cutoff applies regardless of a document’s stated expiry, because the agency introduced a standardized document format in 2021 to implement EU Regulation 2019/1157. Holders of these older documents must apply to the voivode for their place of residence to obtain a replacement before the deadline.

Canada: Ontario Replaces Nominee Streams With New Pathway

Ontario has replaced the eight existing streams of its Immigrant Nominee Program (OINP) with a single new pathway, the Ontario Workforce Priority stream, effective June 25, 2026. It’s the first phase of a two-phase redesign and covers three tracks: one for occupations in NOC TEER 0 to 3, one for TEER 4 to 5, and one for self-employed physicians, who can qualify without a job offer.

Ontario’s Expression of Interest (EOI) system is closed to new registrations while the platform is updated, with reopening expected later this summer. Existing EOIs and job offers registered under the former streams that hadn’t led to an invitation will be withdrawn automatically over the coming weeks. Applications already submitted following an invitation under a former stream will still be assessed under the rules that were in effect when they were submitted.

Costa Rica: Special Status Created for Refugee Applicants

Costa Rica’s General Directorate of Migration and Foreigners’ Affairs (DGME) created a new special temporary category for nationals of Nicaragua, Venezuela, Cuba, and Colombia whose refugee applications remain unresolved or have been denied. Under resolution DG-0064-05-2026, published in the official gazette on May 29, 2026, eligible applicants must have filed a refugee claim between June 1, 2014, and May 7, 2026, and have lived in Costa Rica continuously since filing.

The category grants legal residency and full work authorization, whether as an employee or self-employed, for an initial two years, renewable for additional two-year periods. Applicants cannot hold another valid immigration status or have a separate regularization process pending, and each family member must apply individually. Costa Rica will accept applications by appointment at its San José office between September 1, 2026, and September 1, 2027.

Klasko News

FIRM NEWS

Statutes of Liberty: An Immigration Podcast – Episode 37: E-Verify Enforcement: Preparing for Desk Audits

New episode of Statutes of Liberty is now available!

In the final episode of Klasko Immigration Law Partners’ Worksite Compliance mini-series, host Nick Lowrey is joined by John Fay, Director of Product Strategy at Equifax Workforce Solutions, to break down what an E-Verify desk audit (officially called a “desk review”) actually looks like in practice, including audit triggers, typical government requests, common pitfalls, and potential consequences of non-compliance. Listen here or watch the podcast here.

IN THE NEWS

Natalia Gouz

Natalia Gouz was recently quoted in The Philadelphia Inquirer on the growing challenges employers face when sponsoring foreign workers, including the impact of the $100,000 H-1B fee.

Timothy D’Arduini Timothy D’Arduini was recently quoted in Bloomberg Law on the workforce impact of the Supreme Court’s TPS ruling, which cleared the way for work authorization to expire for Haitian and Syrian TPS holders as of July 1.

RECENT SPEAKING ENGAGEMENTS

Jessica DeNisi

On June 2, Jessica DeNisi will be presenting in an EB5 Investors event in Miami, FL, on a panel entitled EB-5 Industry Status: Important Changes in 2026–27.

Natalia Gouz

On June 2, Natalia Gouz presented to Montgomery County, PA, Office of Immigrant Affairs in a webinar titled Training for Montgomery County Businesses on Immigration & I‑9 Compliance.

H. Ronald Klasko

On June 10, Ron Klasko spoke at the Investment Migration Forum in Paris, France, on three panels covering US immigration topics, as well as participating in the opening remarks and a fireside chat.

H. Ronald Klasko | William Stock | Stacy Shore | Megan Kludt

On June 17, several Klasko attorneys spoke at the AILA Annual Conference in San Diego, CA, on various panels. Ron Klasko was on a panel entitled EB-5 Regional Center Updates: Preparing for the September 2026 Deadline; Bill Stock spoke on Evolving or Regressing? What Agency Guidance Really Means in 2026; Stacy Shore was on a panel entitled Evolving or Regressing? What Agency Guidance Really Means in 2026; and Megan Kludt spoke on Introducing Essential Terms and Concepts.

Ryan Patterson | Taylor Gibson

Ryan Patterson and Taylor Gibson hosted a Know Your Rights webinar for Campus Tulsa on June 17.

Timothy D’Arduini

On June 23, Tim D’Arduini presented in a myLawCLE webinar titled Proactive and Responsive Strategies for Addressing Recent ICE I-9 Penalty Reclassifications.

UPCOMING SPEAKING ENGAGEMENTS

Timothy D’Arduini

On July 21, Timothy D’Arduini will be speaking at the I-9 Palooza Virtual Conference on a panel titled E-Verify Updates: State Mandates, Audits, and Upcoming Changes.

RANKINGS/AWARDS

2026 Edition of the Chambers USA Guide

Five Klasko partners have been recognized in the 2026 edition of the Chambers USA Guide, one of the legal industry’s most prestigious ranking publications.

• H. Ronald Klasko – Senior Statesperson
• William Stock – Eminent Practitioner
• Elise Fialkowski – Band 1
• Michele Madera – Band 2
• Timothy D’Arduini – Band 3

ICYMI: RECENT BLOG POSTS AND ALERTS

The Post Mullin v. Doe TPS Landscape: Systemic Risk and the Emerging Relief Toolkit

Ilana Snyder and Taylor Gibson provide updates on the impact, risk, and latest USCIS deadlines following the Mullin v. Doe decision. Read the blog here.

Supreme Court Upholds Birthright Citizenship

Wei Zhong, William Stock, and Timothy D’Arduini outline the Supreme Court’s decision in Trump v. Barbara and what it means for families, individuals, and employers moving forward. Read the alert here.

E-Verify Desk Audits: What Employers Need to Know Before One Arrives

In the latest Statutes of Liberty episode, Nicholas Lowrey and John Fay of Equifax Workforce Solutions break down what triggers government audits, what documentation employers must produce, and why proof of user training is often the missing piece. Read the blog here.

Supreme Court Rules TPS Terminations Are Final: What Employers Need to Do Before July 1

Taylor Gibson unpacks the Court’s decision in Mullin v. Doe and what it means for employers with TPS holders on staff. Read the alert here.

SCOTUS Increases Re-Entry Risks for Green Card Holders with Criminal History

William Stock breaks down the Court’s decision in Blanche v. Lau, who is affected, and the steps green card holders and employers should take before any international travel. Read the alert here.

USCIS Shifts Green Card Policy: An Employer’s Guide to Consular Processing

Natalia Gouz breaks down the practical impact on sponsored workforces, what consular processing actually involves, and the strategic steps employers should be taking now. Read the article here.

H-1B Fee Reinstated Pending Appeal: MA Court Stays Its Own Ruling

Nick Lowrey covers how a federal court reinstated the $100,000 H-1B fee after briefly striking it down, leaving employers in a shifting legal landscape as the First Circuit considers the Administration’s emergency appeal. Read the alert here.

Federal Court Declares $100,000 H-1B Fee An Unlawful Tax, and Vacates the DHS Policy

Nicholas Lowrey examines the court’s decision, the uncertainty that remains as further litigation is expected, and what the considerations are for employers planning next steps. Read the alert here.

Klasko Immigration Law Partners Earns Top Rankings in 2026 Chambers USA

Five Klasko partners have been recognized in the 2026 edition of the Chambers USA Guide, one of the legal industry’s most prestigious ranking publications. Read more about their rankings here.

I-9 Notice of Inspection: Preparing in Advance

In the third episode of our Worksite Compliance series, host Nicholas Lowrey is joined by John Connolly to discuss the common triggers behind Notices of Inspection and what employers can expect throughout the inspection process. Read the blog here.

Five Klasko Attorneys Honored in the 2026 Lawdragon 100 Leading Immigration Lawyers

Five Klasko attorneys have been honored in the 2026 Lawdragon 100 Leading Immigration Lawyers guide. Read more about their recognition here.

I-9 Compliance Made Practical (Part 2): What Employers Need to Know

In part two of the second episode of our worksite compliance series, Natalia Gouz continues her conversation with Elise Fialkowski to discuss how employers can strengthen I-9 compliance beyond the onboarding process. Read the blog here.

FIRM FEATURE

Win of the Month! Not every immigration victory happens in a courtroom or boardroom, some take place behind the scenes of major productions, with deadlines measured in hours. Over a decade ago, a lead actor’s work authorization issue threatened to delay a major film’s production. With filming set to begin over a holiday weekend, Timothy D’Arduini and the Visa Dream Team sprang into action, securing approval within four days, keeping production on track, and earning a “Visa Miracle Team” IMDB credit. Read the full Instagram post here!