Visa Lawyer Blog

Trump Administration Seeks to Eliminate 60-Day Grace Period for H-1B and Other Visa Workers

Jacob Sapochnick — Wed, 12 Aug 2026 14:00:44 +0000

The Department of Homeland Security (DHS) is moving forward with a new proposal that could eliminate the 60-day grace period currently available to certain employment-based nonimmigrant workers after their employment ends.

On August 6, 2026, DHS submitted a proposed rule titled “Eliminating the Discretionary 60-day Grace Period” to the Office of Management and Budget (OMB) for review. The proposal has not yet taken effect, and the full text has not yet been released.

What Is the Current 60-Day Grace Period?

Under current regulations, certain nonimmigrant workers whose employment ends before their authorized stay expires may receive a grace period of up to 60 consecutive days, or until the expiration of their authorized stay, whichever comes first.

The protection currently applies to workers in the following classifications:

E-1
E-2
E-3
H-1B
H-1B1
L-1
O-1
TN

Their dependent family members are also covered by the provision.

The 60-day grace period gives workers valuable time after losing or leaving a job to find another employer, seek a change or extension of immigration status, or prepare to leave the United States. Workers generally cannot continue working during the grace period unless they have another independent basis for employment authorization.

What Would Change?

DHS is now proposing to eliminate this protection.

Although the exact language of the proposed regulation has not yet been published, if the 60-day grace period is eliminated, foreign nationals whose employment ceases prematurely (and their dependents) would no longer be maintaining status and would generally be required to depart the United States immediately and would be unable to change status or change employers within the United States, unless USCIS exercises its discretion to forgive the lapse in status.

This would have significant consequences for H-1B and other employment-based visa holders.

The Rule Has NOT Taken Effect

The proposal is currently undergoing OMB review. Once that review is completed, DHS is expected to publish the proposed rule in the Federal Register and allow the public to submit comments. Only after DHS completes the rulemaking process and publishes a final rule could the change take effect.

Because the proposal has not yet been published, additional details—including whether DHS will provide exceptions or transition rules—remain unknown.

The Law Offices of Jacob Sapochnick will continue monitoring the proposed regulation as DHS releases more information.

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Trump Signs New Executive Orders Targeting Birth Tourism and Birthright Citizenship

Jacob Sapochnick — Mon, 10 Aug 2026 14:00:18 +0000

President Donald Trump signed two executive orders on August 6, 2026, renewing his administration’s effort to restrict certain forms of birthright citizenship following a major Supreme Court defeat earlier this summer.

The new executive orders, “Ending Birth Tourism” and “Continuing to Protect the Meaning and Value of American Citizenship,” take a narrower approach than the administration’s original 2025 birthright-citizenship order.

The action comes after the Supreme Court’s June 30 decision in Trump v. Barbara. The Court held that children born in the United States to parents who are unlawfully present or only temporarily present in the country are “subject to the jurisdiction” of the United States and therefore are U.S. citizens at birth under the Fourteenth Amendment.

Executive Order Targets “Birth Tourism”

The first new order, “Ending Birth Tourism,” focuses primarily on immigration enforcement rather than directly redefining citizenship.

The order defines “birth tourism” as a foreign national entering the United States on a nonimmigrant visa for the purpose of giving birth in the United States. It also covers individuals or organizations that facilitate such travel. The administration argues that some foreign nationals misuse temporary visa classifications to enter the country specifically so their children will obtain U.S. citizenship.

The order gives the government broad authority to take measures against suspected birth-tourism activity including denying visas or admission, revoking travel authorization, removing individuals who participated in birth tourism, and potentially permanently barring individuals from entering the United States. The government may also take action against businesses or individuals that facilitate birth-tourism arrangements. Humanitarian and national-interest exceptions are permitted.

For foreign nationals traveling while pregnant, the practical impact will depend heavily on the regulations and guidance issued by the State Department and DHS, including how officers determine whether a person’s primary purpose for traveling is to give birth.

Second Order Addresses Citizenship Itself

The second executive order goes further by directing federal agencies not to recognize U.S. citizenship in several specified circumstances when neither parent is a U.S. citizen.

The order identifies several categories, including children whose parent is classified as an “alien enemy,” certain children of foreign government employees, and situations in which parents allegedly entered into a commercial transaction designed to obtain birthright citizenship.

Notably, the order expressly includes commercial arrangements in which parents pay to ensure that a mother is present in the United States to give birth. It also reaches certain commercial surrogacy arrangements involving a surrogate located in the United States or a U.S. territory.

The order directs federal agencies to align their policies with the directive. Agencies must issue public implementation guidance within 30 days.

More Litigation Is Likely

The central legal question is whether the government’s new, narrower categories fall within the exceptions to the Fourteenth Amendment recognized by the Supreme Court—or whether they improperly create new exceptions through executive action.

The Supreme Court’s June decision rejected the administration’s broader attempt to deny citizenship based simply on a parent’s unlawful or temporary immigration status. The Court held that children born in the United States to those parents are citizens at birth.

The Trump administration argues that the new orders deal with different circumstances, including individuals allegedly outside the traditional understanding of complete U.S. jurisdiction and people participating in commercial schemes designed specifically to obtain citizenship. Critics argue that these actions are unlawful and are likely to face additional legal challenges in the near future.

What This Means for Foreign Nationals

The immediate consequences of the orders may be felt most strongly in the visa and admission process. Foreign nationals suspected of traveling primarily to give birth could face increased questioning at U.S. consulates and ports of entry, visa denials or revocations, and potentially serious future immigration consequences.

The citizenship provisions present a more complicated issue. Federal agencies have been given 30 days to publish implementation guidance, and litigation could affect whether—and to what extent—the new citizenship restrictions ultimately take effect.

For now, the orders represent the administration’s latest attempt to narrow birthright citizenship while testing the boundaries of the Supreme Court’s June 2026 ruling. The coming weeks are likely to bring important agency guidance as well as new court challenges that may determine how much of these directives can be legally enforced.

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Trump Administration Considers $100,000 Fee for International Graduates

Jacob Sapochnick — Thu, 06 Aug 2026 14:00:05 +0000

The Trump administration is reportedly considering a $100,000 fee for international students who want to remain in the United States and work after graduating from an American university.

According to The Wall Street Journal, the proposal is being discussed within the Department of Homeland Security but has not been formally approved or published as a proposed regulation. Important details—including whether the student, university, or employer would pay the fee—remain unresolved.

The fee would affect students seeking employment through Optional Practical Training, commonly known as OPT. The program allows eligible F-1 students to obtain temporary employment directly related to their field of study. Standard post-completion OPT generally lasts up to 12 months, while qualifying STEM graduates may receive an additional 24-month extension.

A $100,000 charge would dramatically increase the cost of remaining in the United States after graduation. It could discourage international students from attending American universities and make it more difficult for employers in technology, finance, research, and other specialized industries to recruit graduates.

The reported proposal follows broader changes to student immigration policy, including new fixed periods of admission and extension requirements for certain F-1 students. DHS has acknowledged that international students contribute to American universities, research, innovation, and local economies, while maintaining that additional restrictions are needed to improve oversight and prevent fraud.

For now, international students and employers should understand that the $100,000 OPT fee remains under consideration. No payment requirement has taken effect, and students should continue following the existing OPT application rules unless DHS issues an official announcement.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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Federal Judge Rules 75-Country Green Card Freeze Unlawful For Individual Plaintiff

Jacob Sapochnick — Tue, 04 Aug 2026 21:25:20 +0000

Yesterday, a federal judge ruled that the Trump administration’s policy pausing immigrant visa approvals for nationals of 75 countries violates federal immigration law.

The State Department introduced the policy in January 2026, directing consular officers to refuse covered immigrant visa applications while the government developed additional screening procedures concerning whether applicants might become dependent on public benefits.

The freeze affected primarily family-based applicants, along with some employment- and investment-based applicants.

Pay $750 for a Faster B1/B2 Visa Appointment? What Travelers Need to Know

Jacob Sapochnick — Mon, 27 Jul 2026 14:00:35 +0000

The U.S. Department of State has launched a pilot program allowing certain visitor visa applicants to pay an additional $750 fee for an expedited visa interview appointment.

The Nonimmigrant Visa Expedited Appointment Pilot Program is being tested at select U.S. embassies and consulates through December 31, 2026. Participation is voluntary, and applicants may continue using the regular visa appointment process without paying the additional fee.

What Does the $750 Fee Provide?

Eligible applicants may pay $750 to schedule a visa interview within the next 10 business days, subject to appointment availability.

However, the fee only provides access to an earlier interview. It does not:

Guarantee that a visa will be approved;
Accelerate processing after the interview;
Reduce the applicant’s eligibility requirements; or
Exempt the applicant from security screening and vetting.

Applicants using the program must satisfy the same legal requirements and undergo the same screening as all other visa applicants.

Who Is Eligible?

The pilot program is currently limited to applicants seeking a B visa, which generally covers temporary travel for business or tourism.

To access the paid expedite option, an applicant must first:

Pay the regular $185 nonimmigrant visa application fee, also known as the MRV fee; and
Schedule a regular visa interview for a future date.

The applicant can then sign into the visa appointment account, select “Request Expedite,” and choose the “Paid Expedite” option. The option will only appear when:

The program is available in that country;
Expedited appointments remain available; and
The applicant meets all eligibility requirements.

For one applicant, the regular $185 fee and the additional $750 expedite fee amount to $935 in total visa appointment fees.

Availability Is Limited

Participating embassies and consulates will make only a limited number of paid expedited appointments available each day.

When an expedited date and time appear in the scheduling system, the applicant must select the appointment and complete the $750 payment within 10 minutes. Otherwise, the appointment will not be secured.

The State Department may announce additional participating locations during the pilot period.

Where Is the Program Available?

The program launched at the U.S. Embassy and all U.S. consulates in Mexico on July 21, 2026.

As of the State Department’s July 22 announcement, Mexico was the only participating mission specifically identified. Additional locations may be added before the pilot ends.

The Fee Is Nonrefundable

Applicants should choose their expedited appointment carefully. Once the expedited appointment has been scheduled:

The appointment date and time cannot be changed;
Rescheduling is not permitted;
Canceling the appointment results in forfeiture of the fee; and
Missing the appointment also results in forfeiture of the fee.

The $750 fee is nonrefundable and nontransferable, including when the visa application is ultimately refused.

An applicant who misses the appointment may be able to schedule another regular appointment without paying another MRV fee if the original $185 fee was paid less than one year earlier. However, scheduling another paid expedited appointment requires paying another $750 fee.

The Bottom Line

The pilot program gives eligible business and tourist visa applicants a new way to obtain a visa interview within 10 business days by paying an additional $750 fee. It may be useful for travelers with urgent plans who do not qualify for a traditional emergency appointment.

Please be aware that availability is limited, the appointment cannot be rescheduled, the fee is nonrefundable, and paying it does not guarantee faster visa processing or approval. Applicants should therefore select a paid expedited appointment only when they are certain they can attend the scheduled interview.

For more information, please see the frequently asked questions below which are also available on the U.S. Department of State website.

Frequently Asked Questions:

I need an earlier appointment for a tourist/business (B) visa but the reason I need to travel does not meet the emergency request criteria, what should I do?

You may be able to pay $750 to obtain an expedited appointment (this option is only available in certain countries and expedite appointments will only be offered if appointments are available) for tourist/business (B visa category) travel. To do so, you must first schedule a regular appointment. Then, sign-in to your account, click “Continue”, select “Request Expedite” and select “Paid Expedite” option. The “Paid Expedite” option will only display if this option is available in the country where the appointment is being scheduled, and expedited appointments are available, and the applicant meets all of the eligibility criteria.

What is a “Paid Expedite” appointment?

A “Paid Expedite” appointment is an option where each applicant pays an additional fee (US $750) to be able to schedule an appointment for a B visa within the next 10 business days. The expedited appointment fee is separate from and in addition to the nonimmigrant visa (MRV) application fee.

Note: Applicants must have a regular appointment scheduled in the future and meet all qualifying criteria in order to access the “Paid Expedite” option. Payment of the expedited appointment fee does not guarantee visa issuance or expedited processing, it only provides an earlier appointment.

Who qualifies for a “Paid Expedite” appointment?

Applicants applying for a B visa with a future interview appointment scheduled will be able to see the “Paid Expedite” appointment option.

The “Paid Expedite” option is only available in certain countries. This option will not be displayed if it is not available in the country where the appointment is being scheduled.

What happens if I scheduled a “Paid Expedite” appointment and paid the fee and my visa is refused?

The expedited appointment fee allows applicants to schedule a “Paid Expedite” appointment within the next 10 business days. It does NOT guarantee the issuance of a visa, it only provides an earlier appointment. The expedited appointment fee is non-refundable and non-transferable.

I am applying with a group of applicants, do we each need to pay the Expedite Fee?

Yes, each applicant in the group must pay the expedited appointment fee. However, the system will present the option to separate the group if you want to schedule a “Paid Expedite” appointment for only certain members of the group.

If I requested a regular emergency appointment but was refused, can I still pay the Expedite Fee and have an earlier appointment?

Yes, applicants whose regular emergency visitor appointment request was denied can schedule a “Paid Expedite” appointment if they meet the eligibility criteria.

I am renewing a visa and I qualify for the interview waiver process; can I pay the Expedite Fee to have my application processed faster?

No. Only applicants with scheduled interview appointments qualify to pay the expedited appointment fee and schedule an earlier appointment.

What happens if I pay the expedited appointment fee and I miss my “Paid Expedite” appointment?

“Paid Expedite” appointments can only be scheduled one time (rescheduling is not allowed) so be sure you select an appointment date and time that you can attend. If you miss your “Paid Expedite” appointment, you will forfeit the expedited appointment fee. If your visa application (MRV) fee was paid less than one year ago, you may be able to reschedule into a regular appointment slot without paying an additional fee. If you would like to schedule another “Paid Expedite” appointment, you must pay another expedited appointment fee.

I purchased a “Paid Expedite” appointment and made an expedited appointment. Can I reschedule this appointment?

No, “Paid Expedite” appointments can only be scheduled one time (rescheduling is not allowed). You should plan to attend the appointment you have already scheduled. If you cancel your “Paid Expedite” appointment, you will forfeit the expedited appointment fee.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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August 2026 Visa Bulletin: Modest Movement for Employment-Based Final Action Dates, Big Wins for Family-Sponsored Categories

Jacob Sapochnick — Fri, 24 Jul 2026 01:00:24 +0000

We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the August 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

Adjustment of Status Chart

For adjustment of status filings to permanent residence in the month of August, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

Highlights of the August 2026 Visa Bulletin

At a Glance

What can we expect to see in the month of August?

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

EB-1 China will advance 1 month to July 1, 2023
Except for India, all other countries will remain current

EB-1 India Visa Bulletin Note: High demand and number use by those chargeable to India in the EB-1 visa category may require making the category unavailable in the coming weeks

EB-2 Members of the Professions and Aliens of Exceptional Ability

EB-2 India remains unavailable
Except for China, all other countries will remain current

EB-2 Visa Bulletin Note: Sufficient demand and increased number use in the EB-2 visa category may make it necessary to retrogress the final action date or make the category unavailable in the coming months

EB-3 Professionals and Skilled Workers

EB-3 China will advance 10 days to January 1, 2022
Worldwide and Mexico will advance 1 month to September 1, 2024

EB-3 Other Workers

EB-3 China will advance 1 month to May 1, 2019
Worldwide, Mexico will advance 1 month to April 1, 2022

EB-4 Special Immigrants and Religious Workers

All countries will advance 1 month to October 15, 2022

EB-5 Unreserved Categories (C5, T5, I5, and R5)

EB-5 India remains unavailable

Dates for Filing Advancements

EB-3 Professionals and Skilled Workers

EB-3 China will advance by 7 days to January 8, 2022

Family-Sponsored Categories

Final Action Advancements

F-1 Unmarried Sons and Daughters of U.S. Citizens

F1 Mexico will advance 3.3 weeks to December 1, 2007
(Worldwide, China, and India) will advance 10.4 months to December 15, 2018

F-2A Spouses and Children of Permanent Residents

F2A Mexico will advance by 1 year 6.7 months to July 22, 2025
F2A All other countries will advance by 1 year 6.6 months to July 22, 2026

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

F2B Philippines will advance by 2.4 weeks to June 1, 2013
(Worldwide, China, India) will advance 1.3 months to January 1, 2018

F3 Married Sons and Daughters of U.S. Citizens

(Worldwide, China, India) will advance 1 month to May 15, 2012

F-4 Brothers and Sisters of Adult U.S. Citizens

(Worldwide and China) will advance 8 months to September 1, 2009

Dates for Filing Advancements

F-1 Unmarried Sons and Daughters of U.S. Citizens

F1 Mexico will advance 2 months to December 1, 2008
(Worldwide, China, India) will advance 5.4 months to June 15, 2019

F-2A Spouses and Children of Permanent Residents

All countries will remain current

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

(Worldwide, China, India) will advance 6.8 months to January 1, 2019

F3 Married Sons and Daughters of U.S. Citizens

(Worldwide, China, India) will advance 2.7 months to March 1, 2013

F-4 Brothers and Sisters of Adult U.S. Citizens

(Worldwide and China) will advance 3.7 months to June 22, 2010

Now let’s dive into our analysis

Employment-Based Categories

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

The following Final Action cutoff dates will apply for employment-based categories in the month of August.

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

EB-1 China will advance 1 month to July 1, 2023
EB-1 India will remain at October 15, 2022
All other countries will remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

EB-2 India remains unavailable
EB-2 China will remain at September 1, 2021
All other countries (Worldwide, Mexico, Philippines) will remain current

EB-3 Professionals and Skilled Workers

EB-3 India will remain at January 1, 2014
EB-3 China will advance 10 days to January 1, 2022
EB-3 Philippines will remain at August 1, 2023
All other countries (Worldwide and Mexico) will advance 1 month to September 1, 2024

EB-3 Other Workers

EB-3 India will remain at January 1, 2014
EB-3 China will advance 1 month to May 1, 2019
EB-3 Philippines will remain at December 1, 2021
All other countries (Worldwide, Mexico) will advance 1 month to April 1, 2022

EB-4 Special Immigrants and Religious Workers

All countries will advance 1 month to October 15, 2022

EB-5 Unreserved Categories (C5, T5, I5, and R5)

EB-5 India remains unavailable
EB-5 China will remain at December 1, 2016
All other countries will remain current

EB-5 Set-Aside Categories (Rural, High Unemployment, and Infrastructure) will remain current

*The bold represents the Visa Bulletin advancements

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01JUL23	15OCT22	C	C
2nd	C	01SEP21	U	C	C
3rd	01SEP24	01JAN22	01JAN14	01SEP24	01AUG23
Other Workers	01APR22	01MAY19	01JAN14	01APR22	01DEC21
4th	15OCT22	15OCT22	15OCT22	15OCT22	15OCT22
Certain Religious Workers	15OCT22	15OCT22	15OCT22	15OCT22	15OCT22
5th Unreserved (including C5, T5, I5, R5, NU, RU)	C	01DEC16	U	C	C
5th Set Aside: Rural (20%, including NR, RR)	C	C	C	C	C
5th Set Aside: High Unemployment (10%, including NH, RH)	C	C	C	C	C
5th Set Aside: Infrastructure (2%, including RI)	C	C	C	C	C

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CASES

The following Dates for Filing cutoff dates will apply in August.

*Except for EB-3 China, this chart remains unchanged since the May Visa Bulletin.

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

EB-1 India and China will remain at December 1, 2023
All other countries will remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

EB-2 India will remain at January 15, 2015
EB-2 China will remain at January 1, 2022
All other countries will remain current

EB-3 Professionals and Skilled Workers

EB-3 India will remain at January 15, 2015
EB-3 China will advance by 7 days to January 8, 2022
EB-3 Philippines will remain at January 1, 2024
All other countries (Worldwide and Mexico) will remain current

EB-3 Other Workers

EB-3 India will remain at January 15, 2015
EB-3 China will remain at October 1, 2019
All other countries (Worldwide, Mexico, and Philippines) will remain at August 1, 2022

EB-4 Special Immigrants and Religious Workers

EB-4 will remain at January 1, 2023

EB-5 Unreserved Categories (C5, T5, I5, and R5)

EB-5 India will remain at May 1, 2024
EB-5 China will remain at March 1, 2017
All other countries will remain current

EB-5 Set-Aside Categories (Rural, High Unemployment, and Infrastructure) will also remain current

*The bold represents the Visa Bulletin advancements

Employment- based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	01DEC23	01DEC23	C	C
2nd	C	01JAN22	15JAN15	C	C
3rd	C	08JAN22	15JAN15	C	01JAN24
Other Workers	01AUG22	01OCT19	15JAN15	01AUG22	01AUG22
4th	01JAN23	01JAN23	01JAN23	01JAN23	01JAN23
Certain Religious Workers	01JAN23	01JAN23	01JAN23	01JAN23	01JAN23
5th Unreserved (including C5, T5, I5, R5)	C	01MAR17	01MAY24	C	C
5th Set Aside: (Rural: NR, RR – 20%)	C	C	C	C	C
5th Set Aside: (High Unemployment: NH, RH – 10%)	C	C	C	C	C
5th Set Aside: (Infrastructure: RI – 2%)	C	C	C	C	C

FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

The following Final Action cutoff dates will apply for family-sponsored categories in the month of August.

F-1 Unmarried Sons and Daughters of U.S. Citizens

F1 Mexico will advance 3.3 weeks to December 1, 2007
F1 Philippines will remain at May 1, 2013
(Worldwide, China, and India) will advance 10.4 months to December 15, 2018

F-2A Spouses and Children of Permanent Residents

F2A Mexico will advance by 1 year 6.7 months to July 22, 2025
F2A All other countries will advance by 1 year 6.6 months to July 22, 2026

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

F2B Mexico will remain at February 15, 2009
F2B Philippines will advance by 2.4 weeks to June 1, 2013
(Worldwide, China, India) will advance 1.3 months to January 1, 2018

F3 Married Sons and Daughters of U.S. Citizens

F3 Mexico will remain at June 1, 2001
F3 Philippines will remain at February 22, 2006
(Worldwide, China, India) will advance 1 month to May 15, 2012

F-4 Brothers and Sisters of Adult U.S. Citizens

F4 Mexico will remain at April 8, 2001
F4 Philippines will remain at August 1, 2007
F4 India will remain at November 1, 2006
(Worldwide and China) will advance 8 months to September 1, 2009

*The bold represents the Visa Bulletin advancements

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	15DEC18	15DEC18	15DEC18	01DEC07	01MAY13
F2A	22JUL26	22JUL26	22JUL26	22JUL25	22JUL26
F2B	01JAN18	01JAN18	01JAN18	15FEB09	01JUN13
F3	15MAY12	15MAY12	15MAY12	01JUL01	22FEB06
F4	01SEP09	01SEP09	01NOV06	08APR01	01AUG07

DATES FOR FILING FOR FAMILY-SPONSORED PREFERENCE CASES

The following Dates for Filing cutoff dates will apply for family-sponsored categories in the month of August.

F-1 Unmarried Sons and Daughters of U.S. Citizens

F1 Mexico will advance 2 months to December 1, 2008
F1 Philippines will remain at April 22, 2015
(Worldwide, China, India) will advance 5.4 months to June 15, 2019

F-2A Spouses and Children of Permanent Residents

All countries will remain current

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

F2B Mexico will remain at May 15, 2010
F2B Philippines will remain at October 1, 2013
(Worldwide, China, India) will advance 6.8 months to January 1, 2019

F3 Married Sons and Daughters of U.S. Citizens

F3 Mexico will remain at July 15, 2001
F3 Philippines will remain at August 8, 2006
(Worldwide, China, India) will advance 2.7 months to March 1, 2013

F-4 Brothers and Sisters of Adult U.S. Citizens

F4 Mexico will remain at April 30, 2001
F4 Philippines will remain at March 22, 2008
F4 India will remain at December 15, 2006
(Worldwide and China) will advance 3.7 months to June 22, 2010

*The bold represents the Visa Bulletin advancements

Family- Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	15JUN19	15JUN19	15JUN19	01DEC08	22APR15
F2A	C	C	C	C	C
F2B	01JAN19	01JAN19	01JAN19	15MAY10	01OCT13
F3	01MAR13	01MAR13	01MAR13	15JUL01	08AUG06
F4	22JUN10	22JUN10	15DEC06	30APR01	22MAR08

The Bottom Line

The largest employment-based Final Action Date advancements are one month for EB-3 Worldwide and Mexico, EB-1 China, EB-3 Other Workers Worldwide, Mexico, and China, and all EB-4 countries. The employment-based Dates for Filing chart shows no significant advancement.

The largest Family-Sponsored Final Action Date movement is in F-2A, advancing approximately 18.6 months for most countries and 18.7 months for Mexico. Other major advancements include F-1 Worldwide, China, and India moving forward 10.4 months and F-4 Worldwide and China advancing eight months.

In the Family-Sponsored Dates for Filing chart, the largest movements are F-2B Worldwide, China, and India advancing 6.8 months and F-1 Worldwide, China, and India advancing 5.4 months.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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DHS Issues Final Rule Replacing Admission for Duration of Status with Fixed Periods of Stay for F, J, and I Nonimmigrants

Jacob Sapochnick — Mon, 20 Jul 2026 14:00:54 +0000

The Department of Homeland Security has issued a final rule ending the longstanding practice of admitting certain foreign nationals for “duration of status,” commonly shown as D/S on Form I-94.

The rule is scheduled to take effect on September 15, 2026. Because it is classified as a major rule subject to congressional review, DHS will publish another notice if Congress changes the rule or its effective date.

Who Is Affected?

The rule applies to:

F visa holders: International students and their dependents;
J visa holders: Exchange visitors and their dependents; and
I visa holders: Representatives of foreign information media and their dependents.

What Is Changing?

F, J, and I visa holders have traditionally been allowed to remain in the United States while they continued their authorized studies, exchange programs, practical training, or media assignments.

Under the new rule:

Form I-94 will contain a specific expiration date;
An updated Form I-20 or Form DS-2019 will not automatically extend a person’s authorized stay;
Individuals who need additional time must generally apply for an extension with USCIS; and
USCIS may require biometrics as part of the extension process.

New Admission Periods

F-1 Students

F-1 students and their dependents will generally be admitted for the length of the academic program and authorized post-completion practical training, but for no more than four years at a time.

The F-1 grace period after completing a program or practical training will be reduced from 60 days to 30 days.

Shorter admission periods will apply to certain:

English-language students;
Public high school students; and
Border commuter students.

J-1 Exchange Visitors

J-1 exchange visitors and their dependents will generally be admitted for the length of the approved exchange program, but for no more than four years, followed by a 30-day grace period.

F-1 and J-1 visa holders may still enter the United States up to 30 days before their programs begin. The early-entry period and the post-completion grace period will not count toward the four-year maximum.

Foreign Media Representatives

Most I visa holders and their dependents will be admitted for the time needed to complete the media assignment, but for no more than 240 days.

I visa holders with passports issued by the People’s Republic of China will generally be limited to 90 days, except those traveling with Hong Kong or Macau Special Administrative Region passports.

When Will an Extension Be Required?

An extension may be required when a person needs more time to:

Complete an academic or exchange program;
Continue employment or a media assignment;
Transfer schools;
Begin a new degree program;
Begin post-completion OPT; or
Extend post-completion OPT.

To obtain an F-1 extension, a student must provide either:

A current Form I-20 showing that additional time is needed; or
Documentation of qualifying academic, medical, or other circumstances beyond the student’s control.

Examples may include unexpected research problems, a change in research topic, illness, a natural disaster, a national health crisis, or a school closure.

Special Rules for OPT Applications

Certain F-1 students will not need to file a separate extension-of-status application.

This protection applies to students who:

Have a pending post-completion OPT or STEM OPT application when the rule takes effect; or
File an OPT or STEM OPT application within six months after the rule’s effective date.

Employment While an Extension Is Pending

Certain individuals may continue working after timely filing an extension request:

STEM OPT applicants will continue to receive the existing 180-day automatic employment authorization extension;
F-1 students authorized for on-campus employment, curricular practical training, or employment based on economic hardship may receive an automatic extension of up to 240 days; and
J and I visa holders may continue working for up to 240 days while a timely extension application is pending.

New Risk of Unlawful Presence

F, J, and I visa holders must carefully monitor the expiration date on Form I-94.

Under the new rule, unlawful presence will generally begin as soon as the person’s authorized admission period expires. A timely extension filing may prevent unlawful presence from accumulating while USCIS reviews the application.

This is important because more than 180 days of unlawful presence may result in a three-year bar after departure from the United States. One year or more may result in a ten-year bar.

New Restrictions for F-1 Students

The rule also limits when F-1 students may change schools or academic programs.

Under the new requirements:

Undergraduate students generally cannot change their program, major, or educational level during the first academic year;
An exception may be available for qualifying circumstances, such as a school closure or natural disaster;
Graduate students cannot change their program, major, or educational level;
Graduate-school transfers may be allowed in limited, extenuating circumstances; and
After completing a program, an F-1 student will not be eligible to pursue another F-1 program at the same or a lower educational level.

Travel While an Application Is Pending

International travel may affect a pending immigration application.

When a person travels while an extension application is pending:

If the person is readmitted for the time remaining on the previous admission period, the extension application will not be treated as abandoned.
If the person is readmitted for the longer period requested in the extension application, USCIS will treat the pending extension as abandoned because it is no longer necessary.

A person who leaves the United States while a change-of-status application is pending will generally be considered to have abandoned that application.

Transition Rules for Current Visa Holders

People maintaining valid F, J, or I status when the rule takes effect will receive a transition period.

In general:

Current F and J visa holders may remain until the later of the program end date on Form I-20 or Form DS-2019 or the expiration date on an OPT employment authorization document;
The transition period generally cannot exceed four years after the effective date;
Current F-1 students will retain a 60-day grace period;
Current J-1 exchange visitors will retain a 30-day grace period;
Current I visa holders will generally receive up to 240 days; and
I visa holders with covered Chinese passports will generally receive up to 90 days, excluding Hong Kong and Macau SAR passport holders.

Anyone who needs additional time beyond the transition period must apply for an extension with USCIS.

Changes for Foreign Media Representatives

The rule also clarifies which activities qualify for I visa status.

A qualifying foreign media organization must:

Have its home office outside the United States; and
Regularly gather, produce, or distribute journalistic information.

Entertainment activities, such as performing or appearing on reality television programs, generally will not qualify for I status.

What Remains Unchanged?

The final rule preserves the USCIS policy of generally giving deference to certain prior Form I-129 petition approvals involving the same parties and facts.

However, DHS could seek to change or eliminate that policy through a future rulemaking.

The Bottom Line

The rule is scheduled to take effect on September 15, 2026, and will replace duration-of-status admissions with fixed expiration dates for F, J, and I visa holders. Affected individuals must closely monitor Form I-94, plan ahead for extensions, and understand how program changes, employment, and international travel could affect their status. We expect the rule to create additional compliance responsibilities, increase USCIS extension filings, worsen processing delays, and require updates to SEVIS.

The Law Offices of Jacob Sapochnick is closely following the implementation of this rule and will provide updates.

This article is provided for general informational purposes only and does not constitute legal advice.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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Public Charge Rules Are Changing Effective September 18th: What Green Card Applicants Should Know

Jacob Sapochnick — Mon, 20 Jul 2026 14:00:26 +0000

The Department of Homeland Security (DHS) has announced that it is rescinding the public charge regulation that has been in place since December 2022.

The change will take effect on September 18, 2026. Until then, the current 2022 rule remains in effect.

What Is the Public Charge Rule?

The public charge rule allows immigration officers to consider whether certain applicants are likely to become financially dependent on the government in the future.

The rule generally applies to:

Certain people applying for a green card from inside the United States;
Certain people applying for an immigrant visa at a U.S. embassy or consulate; and
Some nonimmigrants in limited circumstances.

A public charge finding may result in the denial of an immigration application.

What Is Changing?

DHS is removing the detailed public charge standards established by the 2022 rule.

The government is not replacing the 2022 rule with another detailed regulation. Instead, USCIS will rely on:

The Immigration and Nationality Act;
New USCIS policy guidance;
The applicant’s individual circumstances; and
The immigration officer’s discretion.

This means USCIS officers may have more flexibility when deciding whether an applicant is likely to become a public charge.

When Does the Change Take Effect?

The new policy will take effect on September 18, 2026.

According to the government’s announcement:

Applications filed before September 18, 2026, will generally be reviewed under the 2022 rule.
Applications filed on or after September 18, 2026, will be reviewed under the new public charge framework.
USCIS will issue a revised version of Form I-485 for applicants filing on or after the effective date.

Applicants should always confirm that they are using the correct edition of Form I-485 before filing.

What Will USCIS Consider?

USCIS will look at the applicant’s overall situation. This is called the totality of the circumstances test.

Officers may consider factors such as:

Age;
Health;
Family and household circumstances;
Income and financial condition;
Assets and other resources;
Education;
Employment history;
Job skills;
Receipt of certain means-tested public benefits; and
Other facts related to the applicant’s ability to support themselves.

The government has indicated that officers may consider a broader range of benefits, including certain noncash benefits that were not considered under the 2022 rule. However, USCIS must still review the entire case rather than base its decision on only one factor.

Does Receiving a Public Benefit Automatically Cause a Denial?

No. Receiving a public benefit does not automatically mean that an immigration application will be denied.

USCIS must consider the applicant’s complete circumstances, including both positive and negative factors.

However, after September 18, 2026, officers may examine more types of public benefits and may have broader discretion when making their decisions.

What About Benefits Used by Family Members?

Benefits received by a family member are not necessarily treated as benefits received by the applicant.

For example, a benefit received by a U.S.-citizen child will not be treated as though the child’s immigrant parent received it.

Because every case is different, families should speak with a qualified immigration attorney before stopping medical, food, housing, or other necessary assistance.

What Should Applicants Do Now?

Applicants who may be subject to the public charge rule should begin preparing evidence of their financial stability.

Helpful documents may include:

Recent pay statements;
Tax returns;
Employment verification;
Bank statements;
Proof of assets;
Health insurance records;
Educational records;
Professional licenses or certificates;
Evidence of job skills; and
A properly completed Affidavit of Support, when required.

Applicants should also carefully review whether filing before or after September 18, 2026, may affect their case.

Do not rush to submit an incomplete application merely to file before the effective date.

Precautions for Consular Immigrant Visa Applicants

Applicants applying for an immigrant visa through a U.S. embassy or consulate are reviewed by the Department of State, not USCIS.

The Department of State uses separate public charge policies. Therefore, applicants planning to attend an immigrant visa interview outside the United States should seek legal advice before traveling.

The Bottom Line

Beginning September 18, 2026, USCIS will have broader discretion when deciding whether certain applicants are likely to become a public charge. Officers may consider more types of public benefits and will review each applicant’s overall financial and personal circumstances. Applicants filing on or after that date must also use the revised Form I-485.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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DHS Proposes Major Changes to the EB-5 Investor Visa Program

Jacob Sapochnick — Wed, 15 Jul 2026 14:00:14 +0000

The Department of Homeland Security has proposed sweeping new regulations that could significantly reshape the EB-5 Immigrant Investor Program.

Published on July 2, 2026, the proposed rule seeks to formally implement many of the changes Congress enacted through the EB-5 Reform and Integrity Act of 2022 while introducing stricter compliance, enforcement, fraud-prevention, and national-security requirements.

Importantly, this is only a proposed rule. It is not yet final, and the proposed changes have not automatically taken effect. DHS is accepting public comments through August 31, 2026, before deciding whether to issue a final regulation.

What Is the EB-5 Investor Visa Program?

The EB-5 program offers qualifying foreign investors a pathway to lawful permanent residence by investing capital in a U.S. business that creates at least 10 full-time jobs for qualifying U.S. workers.

The current minimum investment is generally:

$1,050,000 for a standard EB-5 investment; or
$800,000 for an investment in a targeted employment area or qualifying infrastructure project.

Targeted employment areas include certain rural locations and areas experiencing high unemployment. Investors may invest directly in their own commercial enterprise or through a USCIS-designated regional center.

New Investment Amount for High-Employment Areas

One of the most significant provisions would establish a separate investment amount for projects located in areas with particularly low unemployment.

DHS proposes requiring an investment of $1.4 million for projects principally doing business in a defined “high-employment area.” Under the proposal, this would generally include certain metropolitan areas where unemployment is significantly below the national average.

The standard, targeted-area, infrastructure, and high-employment investment amounts would be adjusted for inflation beginning January 1, 2027, and every five years afterward.

Stricter Source-of-Funds Documentation

The proposal would also impose detailed requirements for proving that an investor’s capital was obtained lawfully.

Investors would be expected to trace their funds from their original source through every transfer until the money reaches the new commercial enterprise. Evidence may include bank statements, tax records, employment records, business documents, property-sale records, gift documentation, loan records, and a complete transaction history.

The lawful-source requirement would also apply to administrative fees and other costs connected to the EB-5 investment—not only the minimum investment itself. Investors may also need to identify every person who transferred funds into the United States on their behalf.

DHS recognizes that digital assets may be used as a source of investment funds if they are converted into qualifying tangible capital. However, investors would still have to document ownership, transaction history, lawful acquisition, conversion, and the complete path of those funds.

Clarification of the Two-Year Investment Period

The proposed rule would clarify how long an EB-5 investor must keep the required capital invested.

For qualifying petitions filed on or after March 15, 2022, DHS proposes that the two-year investment period generally begin when the investor’s capital is placed at risk in the new commercial enterprise—not when the investor later becomes a conditional permanent resident.

This could provide greater certainty and flexibility to investors, particularly when immigration processing delays occur long after the original investment was made. However, the investment must still satisfy all EB-5 requirements, remain at risk for the required period, and produce the required number of qualifying jobs.

Greater Protection for Good-Faith Investors

The proposal would provide clearer protections for investors whose regional center is terminated or whose new commercial enterprise or job-creating entity is barred from participating in the EB-5 program.

An affected investor may be able to preserve the original petition and priority date by taking corrective action and submitting an amendment within 180 days after receiving notice from USCIS. Depending on the circumstances, this may involve associating with another approved regional center or investing additional capital in another qualifying enterprise.

These protections are important because investors should not automatically lose their place in the visa line because of misconduct or noncompliance committed by a regional center or project operator beyond their control.

Changes to Job-Creation Rules

DHS is also proposing tighter standards for demonstrating that an EB-5 investment created the required jobs.

Under longstanding USCIS policy, certain investors could receive credit for jobs initially created using temporary bridge financing that was later replaced by EB-5 capital. The proposed rule would eliminate the use of repaid bridge financing as a basis for establishing job creation, although DHS is requesting public comments on whether more limited forms of bridge financing should remain permissible.

The proposal would also eliminate the “troubled business” option, which has allowed some investors to qualify by preserving existing jobs at a struggling business instead of creating 10 entirely new positions. DHS’s proposal focuses the program more directly on new job creation.

Expanded Fraud and National-Security Enforcement

The proposal would formalize broad DHS authority to deny or revoke EB-5 petitions and benefits involving fraud, deceit, intentional material misrepresentation, criminal misuse, or threats to public safety or national security.

Depending on the circumstances, enforcement action could affect regional centers, commercial enterprises, project operators, promoters, individual investors, and previously approved immigration benefits. USCIS could also terminate an investor’s conditional permanent residence where the statutory requirements for such action are met.

The termination of a regional center could also result in the automatic revocation of its approved project applications after the appeals process concludes. Affected investors would generally have 180 days after notification to take appropriate corrective action, subject to the proposed good-faith investor protections.

What Does the Proposal Mean for EB-5 Investors?

Because the rule has not yet been finalized, investors should not assume that every proposed provision currently applies. DHS generally proposes applying the new regulations prospectively to petitions and applications filed on or after the final rule’s effective date, although some provisions would codify policies USCIS has already implemented since the 2022 law took effect.

Before filing, EB-5 investors should evaluate:

How much they are required to invest;
Whether the project will create enough jobs;
Whether they can prove where the investment money came from;
Whether the regional center and project follow EB-5 rules; and
Whether the required investment amount may increase before they file.

The Law Offices of Jacob J. Sapochnick Are Ready to Assist

The proposed EB-5 regulations are detailed and could significantly affect how future investments, regional-center projects, and investor petitions are structured. The Law Offices of Jacob J. Sapochnick are ready to assist investors and families in reviewing their eligibility, documenting the lawful source and path of investment funds, evaluating regional-center projects, and preparing EB-5 petitions under the latest requirements.

Disclaimer: This article is provided for general informational purposes only and does not constitute legal or investment advice. The DHS regulation discussed above is proposed and may change before it becomes final. Every EB-5 case should be evaluated based on its individual facts and the rules in effect at the time of filing.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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NEW UPDATE: USCIS Temporarily Extends Work Authorization for Certain TPS Holders

Jacob Sapochnick — Mon, 13 Jul 2026 14:00:54 +0000

On July 10, 2026, U.S. Citizenship and Immigration Services issued new employment-authorization guidance, affecting certain Temporary Protected Status beneficiaries from Haiti, Burma, Ethiopia, Somalia, South Sudan, Syria, and Yemen.

The guidance was released shortly before the affected employment-authorization dates were scheduled to expire. Under the updated USCIS instructions, covered Haitian TPS beneficiaries have employment authorization through July 24, 2026. Covered beneficiaries from the other six countries have employment authorization through July 17, 2026. The temporary extensions affect hundreds of thousands of workers.

Updated employment-authorization dates

TPS country	Updated USCIS expiration date
Haiti	July 24, 2026
Burma (Myanmar)	July 17, 2026
Ethiopia	July 17, 2026
Somalia	July 17, 2026
South Sudan	July 17, 2026
Syria	July 17, 2026
Yemen	July 17, 2026

TPS beneficiaries affected by these developments should immediately consult with a qualified immigration attorney to evaluate whether they may qualify for another lawful immigration status or form of relief.

Possible alternatives may depend on each person’s individual circumstances, including family relationships, employment history, humanitarian concerns, fear of returning to the home country, prior immigration filings, or eligibility for adjustment of status, asylum, visas, or other protections.

Because deadlines are approaching quickly, beneficiaries should not wait until their TPS or employment authorization expires before obtaining individualized legal advice.

The Law Offices of Jacob J. Sapochnick are ready to assist individuals and families in reviewing their immigration options and determining the next appropriate steps based on their circumstances.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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