Headlines
DHS Proposes to Limit Eligibility for Certain Discretionary Work Authorization – The Department of Homeland Security issued a proposed rule to limit and clarify eligibility for discretionary employment authorization for those “paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit, who have been granted deferred action, or against whom a final order of removal exists and who are temporarily released from custody on an order of supervision.”
Senate Passes Immigration Enforcement Funding Bill – The Senate passed a $70 billion bill to fund the U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection agencies for three years. The bill now goes to the House of Representatives.
DOS Releases FAQs on FIFA World Cup Visa Processing – The Department of State recently released frequently asked questions on visa processing for the FIFA World Cup and the FIFA Priority Appointment Scheduling System.
USCIS Announces 16 New Classes of Admission for Employment-Based Immigrants Under the Gold Card Program – The Systematic Alien Verification for Entitlements system will now provide an initial verification response of “Lawful Permanent Resident—Employment Authorized” for the 16 Gold Card classes of admission.
USCIS Opens New Asylum Office in San Antonio – Those who filed for asylum with USCIS who reside in the jurisdiction of the Houston Asylum Office may be interviewed at either the Houston or San Antonio Asylum Offices.
Trump Admin ‘Drawing Up Plans’ to Withdraw Processing of International Travelers and Flights at ‘Sanctuary City’ Airports – The Trump administration is “drawing up plans” to withdraw immigration and U.S. Customs and Border Protection processing of international flights at so-called “sanctuary city” airports, to include international travelers and cargo.
CDC Issues Interim Final Rule To Suspend the Entry of LPRs From Designated Countries for Public Health Reasons –The interim final rule provides a procedure for the Secretary of Homeland Security, acting through the Centers for Disease Control and Prevention Director or other delegate, “to suspend the introduction of persons from designated countries or places, if required, in the interest of public health,” including lawful permanent residents.
CBP Updates List of Airports for Flights Arriving With Ebola-Related Travel Restrictions – U.S. Customs and Border Protection has updated its Carrier Liaison Program notice related to Ebola-related restrictions on flights carrying persons who recently traveled from or were otherwise present in the Democratic Republic of the Congo, Uganda, or South Sudan.
DHS Automatically Extends TPS for Lebanon – The Department of Homeland Security has automatically extended Temporary Protected Status for Lebanon for six months, through November 27, 2026.
New USCIS Policy Limits Adjustment of Status – The new memo signals a major policy shift toward restrictive adjudication. U.S. Citizenship and Immigration Services said that it views immigrant visa processing at a U.S. consulate abroad as the default route to a green card for most people, with adjustment applications filed inside the U.S. treated as a discretionary option.
DHS Announces Ebola-Related Flight Arrival Restrictions for DRC, Uganda, and South Sudan; CDC Implements Public Health Measures; DOS Pauses Visa Services – The Department of Homeland Security announced immediate restrictions on flights arriving in the United States carrying persons who have recently traveled from, or were otherwise present within, the Democratic Republic of the Congo, Uganda, or South Sudan. Flights carrying such persons must arrive only at Washington-Dulles International Airport and must undergo public health measures.
Work Authorization Extended for Certain Salvadoran TPS Recipients – The validity of Employment Authorization Documents with category codes A12 or C19 that expired on March 9, 2025, for TPS El Salvador recipients has been automatically extended through July 22, 2026.
Elimination of “D/S” May Affect F, J, and I Visa Holders – A Department of Homeland Security proposed rule ending the use of “duration of status” for F students, J exchange visitors, and I foreign media representatives is likely to be finalized in the coming weeks.
Visa Bulletin for June Notes High Demand in Several Categories – The Department of State’s Visa Bulletin for June 2026 includes several updates on the effects on visa number availability of high demand in several employment-based green card categories.
DOL Suspends Processing of PERM Applications for Software Firm Cloudera – The Department of Labor announced an enforcement action against Cloudera, Inc., a software firm based in Santa Clara, California, following allegations that it unlawfully discriminated against U.S. workers in favor of foreign labor.
DOS Adds to Countries on Visa Bond List, Provides Info on Waivers for Certain World Cup Participants – The Department of State added to its list of countries subject to visa bonds. There are now 50 countries on the list. DOS also provided information about waivers for individuals traveling to the United States for the FIFA World Cup 2026.
OFLC FAQ Reminds Employers About English Language Requirements for Commercial Drivers – All job orders and applications seeking temporary or permanent labor certification for jobs requiring the operation of a commercial motor vehicle must include an English-language proficiency standard.
USCIS Publishes 60-Day Notice of Revisions to E-Verify Program – Comments will be accepted until July 13, 2026.
U.S. Consulate General in Peshawar Closing in Phases – Responsibility for diplomatic engagement with Khyber Pakhtunkhwa will transfer to the U.S. Embassy in Islamabad.
DOS Announces Passport Revocations Due to Child Support Debt – The Department of State is coordinating with the Department of Health and Human Services to revoke the passports of U.S. citizens with more than $2,500 in outstanding child support debt.
USCIS Ordered to Resume Processing for Certain ‘Restricted’ Countries’ Applicants – On April 30, 2026, a federal court in Massachusetts ordered the U.S. government to lift its blanket hold on certain U.S. Citizenship and Immigration Services immigration applications for approximately 200 plaintiffs from specific countries.
Enhanced Security Vetting Causes Adjudications Pause, Coinciding With New RFE Trends – U.S. Citizenship and Immigration Services has begun implementing enhanced security vetting procedures that are expected to delay certain pending immigration benefit adjudications. In addition, more types of petitions and applications will require fingerprint-based background checks.
USCIS Lifts Adjudication Hold for Foreign Physicians – U.S. Citizenship and Immigration Services has quietly updated its enhanced screening and vetting policy to lift the adjudication hold for foreign national physicians. The update applies only to cases pending or filed with USCIS and does not affect visa applications processed abroad through the Department of State.
Charles Kuck, of Kuck Baxter, was quoted by the New York Times in Can a U.S. Citizen Become Colombia’s President? Commenting on the fact that acts that might appear inconsistent with U.S. citizenship, such as running for foreign office, do not necessarily result in loss of citizenship, Mr. Kuck said, “It’s certainly not unprecedented and it really just depends on the country’s laws.”
Mr. Kuck was quoted by the Washington Post in Trump Administration Begins Making New Requests of Green-Card Applicants. Regarding a new USCIS policy requiring many adjustment of status applicants to apply outside the United States, he said, “People are generally freaking out. I have had multiple calls since Friday with people asking about when they have to leave the U.S.”
Mr. Kuck authored an opinion piece, The Immigration Memo That Threatens 74 Years of U.S. Policy.
Mr. Kuck was quoted by Semafor in Debatable: The Scope of Trump’s New Green Card Curbs. He said, “I think [highly skilled workers are] fine, generally speaking. When they initially put [the memo on adjustment of status] out Friday morning, they made it seem like, ‘Oh my god, nobody can adjust status.’ And then they literally walked it back on Friday night a little bit.…I think for the most part, H-1Bs and L-1s are probably OK.”
Mr. Kuck was quoted by the New York Times in Confusion and Worry After Trump Administration’s Abrupt Green Card Changes. “This is simply an attempt to slow immigration and make immigration so unpleasant that you go home,” he said. Mr. Kuck noted that the changes will be of particular concern to those who are married to U.S. citizens and seeking permanent residence.
The News in Detail
DHS Proposes to Limit Eligibility for Certain Discretionary Work Authorization
On June 5, 2026, the Department of Homeland Security (DHS) issued a proposed rule to limit and clarify eligibility for discretionary employment authorization for those “paroled into the United States temporarily for urgent humanitarian reasons or significant public benefit, who have been granted deferred action, or against whom a final order of removal exists and who are temporarily released from custody on an order of supervision.”
DHS further proposes to specify that those applying for work authorization who “admit to committing, have been arrested for, or have been convicted of certain criminal acts do not warrant a favorable exercise of discretion unless there are significant countervailing public interests, which may include assisting law enforcement activity in the United States.”
DHS also proposes to add automatic termination conditions for employment authorization with “triggering events.” The proposed rule will also require that those in certain categories establish their economic necessity for employment and that they warrant a favorable exercise of discretion.
Written comments must be submitted by August 4, 2026.
Senate Passes Immigration Enforcement Funding Bill
Early on June 5, 2026, the Senate passed (52-47) a $70 billion bill to fund the U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection agencies for three years, under the Department of Homeland Security.
The bill now heads to the House of Representatives.
DOS Releases FAQs on FIFA World Cup Visa Processing
The Department of State (DOS) recently released frequently asked questions (FAQs) on visa processing for the FIFA World Cup and the FIFA Priority Appointment Scheduling System (PASS). DOS explained that PASS gives those who purchase FIFA World Cup 2026 tickets directly from FIFA and who opt in to PASS the chance to interview for a B1/B2 visitor visa before the tournament begins.
DOS noted that the immigrant visa issuance pause announced on January 14, 2026, for 75 countries “applies to the issuance of immigrant visas only. It does not apply to nonimmigrant visas, such as those for tourists, athletes and their families, and media professionals.”
Scheduling an interview appointment via FIFA PASS does not guarantee that a visa will be issued, DOS noted.
USCIS Announces 16 New Classes of Admission for Employment-Based Immigrants Under the Gold Card Program
On June 1, 2026, U.S. Citizenship and Immigration Services announced 16 new classes of admission (COAs) for employment-based immigrant categories under the Gold Card program, established by Executive Order 14351.
USCIS noted that the Gold Card program is available to certain individuals who make an “unrestricted gift” to the Department of Commerce under 15 U.S.C. 1522 (or for whom a corporation or similar entity makes such a gift), and their spouses and children.
The Systematic Alien Verification for Entitlements system will now provide an initial verification response of “Lawful Permanent Resident—Employment Authorized” for the 16 Gold Card COAs, USCIS said.
USCIS Opens New Asylum Office in San Antonio
On June 5, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it has opened an additional asylum office in San Antonio, Texas.
As of May 28, 2026, those who filed for asylum with USCIS who reside in the jurisdiction of the Houston Asylum Office may be interviewed at either the Houston or San Antonio Asylum Offices. USCIS said that the additional location “increases the Houston Asylum Office’s capacity to schedule and conduct affirmative asylum interviews.”
Trump Admin ‘Drawing Up Plans’ to Withdraw Processing of International Travelers and Flights at ‘Sanctuary City’ Airports
Secretary of Homeland Security Markwayne Mullin reportedly said on Fox News that the Trump administration is “drawing up plans” to withdraw immigration and U.S. Customs and Border Protection (CBP) processing of international flights at so-called “sanctuary city” airports, to include international travelers and cargo. Secretary Mullin said that if “radical left Democrats” are not allowing the government to “enforce federal laws …, we shouldn’t be processing international flights into their cities either.”
Secretary Mullin did not specify a timeline or the cities to which he was referring. Some believe it might not be implemented before the FIFA World Cup games conclude in July. Regarding the possible locations, the Department of Justice previously identified, among others, New York City; Newark, New Jersey; Boston, Massachusetts; Chicago, Illinois; San Francisco and Los Angeles, California; Portland, Oregon; Seattle, Washington; and Philadelphia, Pennsylvania, as cities that are hindering U.S. immigration enforcement.
The U.S. Travel Association (USTA), which represents major airlines and hotels, confirmed that Secretary Mullin has told the group that such a policy is under consideration, which USTA said would have “devastating consequences for the travel industry and communities that depend on international visitation.” Airlines for America, a trade association, echoed that view, noting that “[r]educing [CBP] staffing at major airports would have a devastating effect on the airline and tourism industries, causing a significant operational disruption to carriers, travelers and the flow of international cargo.”
Secretary of Transportation Sean Duffy reportedly said recently that it would be “a bad idea to start restricting travel based on political views.” He noted, “We have people from around the world and around the country that need to be able to fly into all different kinds of places. We shouldn’t shut down air travel in a state that doesn’t agree with our politics.”
CDC Issues Interim Final Rule To Suspend the Entry of LPRs From Designated Countries for Public Health Reasons
On May 27, 2026, the Centers for Disease Control and Prevention (CDC) issued an interim final rule with request for comments to amend its Foreign Quarantine Regulations. The interim final rule provides a procedure for the Secretary of Homeland Security, acting through the CDC Director or other delegate, “to suspend the introduction of persons from designated countries or places, if required, in the interest of public health,” including lawful permanent residents (LPRs).
The CDC explained that “[g]iven the complexities of global disease outbreaks, including the current Ebola disease outbreak in the [Democratic Republic of the Congo], Uganda and South Sudan, the logistics of trying [to] identify cases at the numerous ports of entry (POE) of the United States (air, land, and sea), and the fact that there are no approved vaccines or specific antiviral treatments for this strain of Ebola disease, CDC needs a more efficient regulatory mechanism to exercise its section 362 authority and suspend the introduction of persons other than U.S. Citizens and U.S. Nationals who would otherwise pose a serious danger of introduction of Ebola disease into the United States.”
The CDC noted that travelers using air transit pathways originating in or passing through DRC, Uganda, and South Sudan “include non-U.S. citizens, foreign contract workers, humanitarian personnel, business travelers, students, refugees, and third-country nationals moving through international aviation hubs in Africa, the Middle East, and Europe. Many travelers entering U.S.-bound itineraries from these pathways may do so under temporary visas, refugee or asylum processing mechanisms, international organizational travel, or multi country itineraries that obscure their original point of departure.” Restricting the entry of LPRs, “in addition to other non-U.S. citizens, who originate from or have recently traveled through DRC, Uganda, and South Sudan would reduce the volume of higher-risk international arrivals requiring public health monitoring and follow-up,” the CDC said.
The CDC also noted that the suspension authority is also critical due to risks of other “quarantinable” communicable diseases. The interim rule mentions Andes virus, Hantavirus, and pandemic influenza as examples. CDC said it expects to mitigate the risk in the future by issuing a final rule, after considering comments, “to implement a permanent regulatory structure regarding the potential suspension of introduction of persons, including LPRs, into the United States in the event a serious danger of the introduction of a quarantinable communicable disease arises in the future.”
Comments must be received by June 26, 2026.
CBP Updates List of Airports for Flights Arriving With Ebola-Related Travel Restrictions
U.S. Customs and Border Protection (CBP) has updated its Carrier Liaison Program notice related to Ebola-related restrictions on flights carrying persons who recently traveled from or were otherwise present in the Democratic Republic of the Congo (DRC), Uganda, or South Sudan.
The only travelers not subject to the Ebola-related suspension of entry are U.S. citizens and U.S. nationals if they have departed from, or were otherwise present in, those three countries during the 21 days prior to their travel to the United States, CBP said. “The introduction of [lawful permanent residents] who have departed from or were otherwise present in the DRC, Uganda, or South Sudan during the 21 days prior to their travel to the United States remains suspended.”
CBP also said, “All flights carrying any U.S. citizens, U.S. nationals, or pre-approved excepted aliens with nexus to these three countries in the 21 days prior to their travel to or encounter in the United States will be required to arrive at the airports designated below where travelers may [be] subject to enhanced medical screening” by the Centers for Disease Control and Prevention (CDC). The CDC “will focus public health resources to implement enhanced public health measures at those locations.”
The updated notice includes the following designated airports: Washington Dulles International Airport (IAD), Hartsfield-Jackson Atlanta International Airport (ATL), George Bush Intercontinental Airport (IAH) in Houston, and John F. Kennedy International Airport (JFK) in New York.
DHS Automatically Extends TPS for Lebanon
On May 28, 2026, the Department of Homeland Security (DHS) announced a Federal Register notice automatically extending Temporary Protected Status (TPS) for Lebanon for six months, from May 28, 2026, through November 27, 2026. Employment Authorization Documents that were already issued under Lebanon’s TPS designation will automatically be valid through November 27, 2026.
DHS explained that former Secretary Kristi Noem and current Secretary Markwayne Mullin, who was sworn in on March 24, 2026, “were unable to make an informed determination on Lebanon’s TPS designation by the March 28, 2026 statutory deadline due to the dynamic and quickly unfolding events in Lebanon that required a new review of country conditions and impacted the ability to provide information for Secretarial consideration.”
New USCIS Policy Limits Adjustment of Status
On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum, issued May 21, 2026, that addresses how officers should exercise discretion in adjustment of status (AOS) adjudications. USCIS said that it views immigrant visa processing at a U.S. consulate abroad as the default route to a green card for most people, with AOS applications filed inside the U.S. treated as a discretionary option.
What Has Changed
Historically, USCIS officers exercising discretion in adjustment cases followed longstanding agency and Board of Immigration Appeals precedent recognizing that favorable discretion ordinarily should be exercised where applicants establish eligibility and do not present significant adverse factors such as fraud, criminal conduct, or substantial immigration violations.
The new memorandum shifts this framework. It instructs officers to conduct a broader evaluation of each applicant’s immigration history. The memo does not mention any positive factors, such as compliance with immigration requirements, U.S. citizen family members, or gainful employment, and stresses that officers must consider negative factors, including any history of status violations or conduct inconsistent with the purpose of the applicant’s original nonimmigrant entry. The memorandum also signals that officers may consider why an applicant chose adjustment of status over consular processing as part of the discretionary analysis.
Overall, the new memo signals a major policy shift toward restrictive discretionary adjudication. USCIS specifically emphasized that:
- Temporary visas are intended for limited-duration stays tied to a specific purpose;
- Nonimmigrant status should not serve as a “first step” toward permanent residence;
- Consular processing abroad should become the default path for obtaining immigrant visas; and
- USCIS resources should be focused instead on other agency priorities.
The memo’s title, and the accompanying press communications, characterize adjustment of status as an “extraordinary measure” rather than the routine process it has been for most applicants—although the memorandum itself does not go that far.
Potential Impact
Potentially affected groups include:
- Employment-based adjustment applicants;
- H-1B, L-1, TN, O-1, and other temporary workers pursuing permanent residence;
- Family-based adjustment applicants;
- Self-petitioners, including EB-1 extraordinary ability and National Interest Waiver applicants;
- Dependent spouses and children; and
- Individuals relying on concurrent filing strategies.
The memorandum reiterates that pursuing adjustment of status is not inconsistent with maintaining lawful status in recognized dual intent classifications such as H-1B and L-1 categories. USCIS notes, however, that maintenance of lawful status alone does not necessarily warrant a favorable exercise of discretion in every case.
For employers, practical implications may include the need to reassess immigration strategies for sponsored employees, anticipate potential delays or increased Requests for Evidence in pending adjustment cases, and evaluate whether consular processing may be preferable for certain employees depending on their individual circumstances.
The new policy memorandum promises additional guidance on the application of the discretionary standard to specific categories of adjustment applicants. Questions regarding the scope and implementation of this policy may ultimately be addressed through future agency guidance or litigation.
DHS Announces Ebola-Related Flight Arrival Restrictions for DRC, Uganda, and South Sudan; CDC Implements Public Health Measures; DOS Pauses Visa Services
On May 21, 2026, U.S. Customs and Border Protection, of the Department of Homeland Security (DHS), announced immediate restrictions on flights arriving in the United States carrying persons who have recently traveled from, or were otherwise present within, the Democratic Republic of the Congo (DRC), Uganda, or South Sudan. DHS said the restrictions were implemented in response to concerns about outbreaks of the “Bundibugyo” strain of the Ebola virus in those countries. The Centers for Disease Control and Prevention (CDC) also announced related public health measures, and the Department of State (DOS) has paused visa services in those countries. Below are highlights of these developments.
Flight Arrival Restrictions
Initially, affected flights were required to arrive at Washington-Dulles International Airport. CBP has since announced modifications to the list of designated airports. DHS considers a person to have recently traveled from the DRC, Uganda, or South Sudan if that person departed from, or was otherwise present within, the DRC, Uganda, or South Sudan within 21 days of the date of the person’s entry or attempted entry into the United States.
Crew and flights carrying only cargo (no passengers or non-crew) are excluded from the arrival restrictions. Also excluded are U.S. citizens, lawful permanent residents, members of the armed forces, and some others. DHS said that the restrictions will continue until cancelled or modified by the Secretary of Homeland Security and notice of such cancellation or modification is published in the Federal Register.
CDC Measures
On May 19, 2026, the CDC released a related statement. The CDC said it would “[c]oordinate with airlines, international partners, and port-of-entry officials to identify and manage travelers who may have been exposed to Ebola virus.”
On May 21, 2026, the CDC outlined public health entry screening measures it is implementing at designated airports:
- Travelers who were in DRC, Uganda, or South Sudan in the 21 days before arriving in the United States will be escorted to an area of the airport set aside for screening.
- Travelers will respond to a brief questionnaire that asks about their travel history and symptoms, and collects information so the travelers can be contacted if needed.
- CDC staff will observe these travelers for signs of illness and take travelers’ temperatures using non-contact thermometers (thermometers that do not touch the skin).
- Travelers who do not have symptoms but have been in DRC, Uganda, or South Sudan in the past 21 days will be given information on monitoring their health and actions to take if symptoms later appear. These travelers will continue to their final destinations. Traveler contact information will be shared with state and local health departments for additional follow-up and support.
- Travelers who have a fever or other symptoms will be evaluated by a CDC public health officer.
- If a suspect case is identified, CDC will work with state and local health departments to conduct routine contact investigations to notify passengers.
Visa Services Pause
Effective May 18, 2026, the U.S. Embassies in Juba, South Sudan; Kinshasa, DRC; and Kampala, Uganda have temporarily paused all visa services/operations. The pause includes applications for immigrant visas as well as nonimmigrant visas for tourists, business travelers, students, exchange visitors, and all other nonimmigrant categories.
DOS said that affected visa applicants have been notified, and that the agency will update its website when appointment scheduling resumes and will inform applicants whose appointments were rescheduled. DOS said that the pause does not affect any currently valid visas.
Work Authorization Extended for Certain Salvadoran TPS Recipients
U.S. Citizenship and Immigration Services recently updated its webpage on Temporary Protected Status (TPS) for El Salvador to note that the validity of Employment Authorization Documents with category codes A12 or C19 that expired on March 9, 2025, for TPS El Salvador recipients has been automatically extended through July 22, 2026.
Elimination of “D/S” May Affect F, J, and I Visa Holders
According to reports, a Department of Homeland Security (DHS) proposed rule ending the use of “duration of status” (D/S) for F students, J exchange visitors, and I foreign media representatives, issued in 2025, is likely to be finalized in the coming weeks. If finalized as proposed, U.S. Customs and Border Protection (CBP) would issue an expiration date on Form I-94, Arrival/Departure Record, each time these nonimmigrants enter the United States. Under this rule, F/J/I visa holders would only be allowed to extend their time in the United States through an application to U.S. Citizenship and Immigration Services (USCIS).
This change would mark a significant shift from the current framework, under which many F, J, and I visa holders are admitted for D/S and may remain in the United States as long as they comply with the terms of the underlying program or classification. Once implemented, it will create new compliance obligations and timing concerns for visa holders, Designated School Officials (DSOs), program sponsors, universities, and employers that rely on F, J, or I nonimmigrants.
The most significant change is that F, J, and I nonimmigrants will have a fixed I-94 expiration date. Another noteworthy change is a proposed increase in USCIS oversight of student and exchange visitor programs related to changes in educational level. Universities, DSOs, and exchange program personnel would need to train staff and visa holders to identify changes that could affect status (e.g., a change in program, major, educational objective, or degree level).
Under D/S, many F and J visa holders generally do not begin accruing unlawful presence until USCIS or an immigration judge determines that a status violation occurred. Under fixed admission periods, individuals who remain beyond the I-94 expiration date could begin accruing unlawful presence and, depending on the length of the overstay, may become subject to the three- or ten-year bars. This risk is particularly acute for individuals who mistake the visa stamp expiration date for the controlling I-94 expiration date. The I-94 date, not the visa stamp date, controls authorized stay in the United States. The proposed shortening of grace periods from 60 to 30 days would further reduce flexibility for students and exchange visitors to depart, transfer, change status, or make other post-program arrangements.
The I-94 expiration date controls authorized stay in the United States, even if the visa stamp remains valid for a longer period. Individuals considering program changes, transfers, new educational levels, CPT, OPT strategy, extensions, or travel should consult with counsel or their DSO before taking action.
Visa Bulletin for June Notes High Demand in Several Employment-Based Categories
The Department of State’s Visa Bulletin for June 2026 includes several updates on the effects on visa number availability of high demand in several employment-based green card categories:
- High demand and number use by individuals chargeable to India in the EB-1 and EB-2 visa categories have made it necessary to retrogress the final action dates to hold number use within the fiscal year 2026 annual limit. Further retrogressions, or making the categories “unavailable,” may be necessary in the coming months if India’s pro-rated limits in the EB-1 or EB-2 categories are reached before the fiscal year ends, the bulletin states.
- Sufficient demand and increased number use by individuals chargeable to China 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.
- Similar alerts about possible retrogression or unavailability in the coming months are included for visa availability in the EB-3 category for the Philippines and in the EB-5 unreserved category for India.
DOL Suspends Processing of PERM Applications for Software Firm Cloudera
On May 12, 2026, the Department of Labor (DOL) announced an enforcement action against Cloudera, Inc., a software firm based in Santa Clara, California, following allegations that it violated the Immigration and Nationality Act by unlawfully discriminating against U.S. workers in favor of foreign labor. The Employment and Training Administration (ETA), of DOL’s Office of Foreign Labor Certification, has suspended processing of all permanent labor certification applications filed by, or on behalf of, Cloudera for 180 days.
DOL said that an extension of the enforcement action is possible pending the results of a Department of Justice (DOJ) investigation. DOJ’s Civil Rights Division alleged that Cloudera engineered a “non-functional” recruitment process that prevented qualified U.S. workers from applying for high-paying technology positions while certifying to ETA that no qualified U.S. workers were available. On April 28, 2026, DOJ filed a lawsuit against Cloudera.
DOS Adds to Countries on Visa Bond List, Provides Info on Waivers for Certain World Cup Participants
On May 13, 2026, the Department of State published a notice adding to its list of countries subject to visa bonds. There are now 50 countries on the list. DOS also provided information about waivers for individuals traveling to the United States for the FIFA World Cup 2026.
The visa bond requirement will be waived for:
- Athletes and team members (including coaches, persons performing a necessary support role, and immediate relatives) who are nationals of competing countries and demonstrate that they meet all requirements for the visa.
- Nationals of competing countries who purchased FIFA World Cup tickets by April 15, 2026, and opted in to the FIFA Priority Appointment Scheduling System (PASS) through the FIFA website, and who demonstrate that they are otherwise fully eligible for a U.S. visitor visa.
DOS noted that “rigorous screening and vetting” will be conducted, as with every visa application.
OFLC FAQ Reminds Employers About English Language Requirements for Commercial Drivers
On May 14, 2026, the Department of Labor’s Office of Foreign Labor Certification (OFLC) issued a Frequently Asked Questions (FAQ) document, Minimum Job Requirements for the Operation of Commercial Motor Vehicles (CMV). The FAQ reminds employers about the minimum requirements for CMV drivers and focuses on the English language proficiency (ELP) requirement.
The FAQ notes that explicit inclusion of ELP language for all employers has not previously been required. The FAQ states that “[a]ll job orders and/or applications seeking temporary or permanent labor certification for jobs requiring the operation of a CMV must include an ELP standard consistent with 49 C.F.R. § 391.11(b)(2). Additionally, possessing knowledge of the structure and content of the English language is already an expected qualitative skill by those employers who presently employ U.S. workers in occupations involving the operation of CMVs.”
OFLC said that employers should include language in their job orders and applications that is consistent with federal regulatory standards concerning ELP. As an example, OFLC said the following would be in compliance: “The worker must be able to read and speak the English language sufficiently to converse with the general public, understand highway traffic signs and signals in English, respond to official inquiries, and make entries on reports and records.”
OFLC reminded employers that “other agencies involved in the employment-based visa petition or issuance processes may have additional evidentiary requirements regarding ELP.”
USCIS Publishes 60-Day Notice of Revisions to E-Verify Program
On May 13, 2026, U.S. Citizenship and Immigration Services (USCIS) published a 60-day notice of revisions to the E-Verify program. The notice does not clearly identify or summarize the specific revisions being proposed, although USCIS states that the information collection instrument, instructions, and additional information may be accessed through Regulations.gov under docket number USCIS-2007-0023.
Comments will be accepted until July 13, 2026.
U.S. Consulate General in Peshawar Closing in Phases
The Department of State (DOS) announced the “phased closure” of the U.S. Consulate General in Peshawar, Pakistan, citing safety and resource management considerations. Reports have noted security concerns and tensions in the Pakistan-Afghanistan border area.
Responsibility for diplomatic engagement with Khyber Pakhtunkhwa will transfer to the U.S. Embassy in Islamabad. DOS said it remains dedicated to advancing the U.S.-Pakistan relationship through its remaining diplomatic posts in Islamabad, Karachi, and Lahore. DOS did not provide specifics about the closure phases or timetable.
DOS Announces Passport Revocations Due to Child Support Debt
The Department of State (DOS) announced that it is coordinating with the Department of Health and Human Services to revoke the passports of U.S. citizens with “significant” outstanding child support debt, defined as more than $2,500.
Eligibility for a new passport will only be restored after child support debt is paid to the relevant state child support enforcement agency and the individual is no longer delinquent according to HHS records, DOS said.
USCIS Ordered to Resume Processing for Certain ‘Restricted’ Countries’ Applicants
On April 30, 2026, a federal court in Massachusetts issued a significant ruling ordering the U.S. government to lift its blanket hold on certain U.S. Citizenship and Immigration Services (USCIS) immigration applications for approximately 200 plaintiffs from specific countries. The court found that two key USCIS policies, which have been responsible for freezing cases for months, are likely unlawful. While this marks an important legal victory, the decision currently applies only to the individuals involved in the case. Thousands of other applicants remain subject to these policies and may need to take additional steps to obtain relief.
The court found that:
- USCIS likely does not have the authority to freeze applications indefinitely based on nationality;
- Using nationality as a negative factor is likely inconsistent with immigration law;
- The government did not follow proper rulemaking procedures before implementing these policies; and
- Applicants suffered real and immediate harm, including:
-
- Loss of work authorization
- Disruption of lawful status
- Financial and personal hardship
The decision signals the type of relief other litigants may be able to pursue through similar lawsuits. The court held that:
- USCIS must resume processing applications for certain plaintiffs;
- USCIS must stop applying these policies to those individuals; and
- The court will determine whether additional plaintiffs are also entitled to relief.
The affected countries include Afghanistan, Angola, Antigua and Barbuda, Benin, Burkina Faso, Burma (Myanmar), Burundi, Chad, Congo-Brazzaville (Republic of the Congo), Côte d’Ivoire, Cuba, Dominica, Equatorial Guinea, Eritrea, Gabon, The Gambia, Haiti, Iran, Laos, Libya, Malawi, Mali, Mauritania, Niger, Nigeria, Palestinian Authority (those using P.A.-issued documents), Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Yemen, Zambia, and Zimbabwe.
Enhanced Security Vetting Causes Adjudications Pause, Coinciding With New RFE Trends
U.S. Citizenship and Immigration Services (USCIS) has begun implementing enhanced security vetting procedures that are expected to delay certain pending immigration benefit adjudications. In addition, more types of petitions and applications will require fingerprint-based background checks.
These changes follow Executive Order 14385, issued on February 6, 2026, which directs the Attorney General to provide the Department of Homeland Security (DHS) with access to criminal history record information, maintained by the Department of Justice for DHS screening and vetting purposes, to the maximum extent permitted by law.
USCIS has not yet issued detailed public guidance explaining how the new process will be applied across all case types, but recent internal guidance and public reporting indicate that, effective April 27, 2026, USCIS began receiving enhanced criminal history record information for fingerprint-based background checks submitted through the Federal Bureau of Investigation’s (FBI) “Next Generation Identification (NGI)” system. According to reporting on the internal guidance, USCIS officers have been directed not to approve certain pending cases until the enhanced checks have been completed, and to resubmit fingerprint-based screenings for any application or petition where the FBI information was received before April 27, 2026.
The most immediate impact appears to be on pending applications and petitions that require fingerprint-based background checks. These commonly include adjustment of status, naturalization, asylum-related filings, and certain employment authorization applications. The new process has coincided with emerging trends in requests for evidence involving biometrics in certain employment-based matters.
USCIS Lifts Adjudication Hold for Foreign Physicians
According to reports, U.S. Citizenship and Immigration Services (USCIS) has quietly updated its enhanced screening and vetting policy to lift the adjudication hold for foreign national physicians. The update applies only to cases pending or filed with USCIS and does not affect visa applications processed abroad through the Department of State.
Medical organizations lobbied for a national interest exemption from the hold, outlining the serious public health consequences and noting that 23% of licensed physicians in the United States are foreign-trained and 64% of foreign-trained physicians practice in medically underserved areas or health professional shortage areas. The prolonged adjudication hold has resulted in physicians losing their status or work authorization, thereby rendering them unable to provide much needed medical services to U.S. patients.
Other vetting measures remain in effect. Employers and physicians with pending cases should monitor their case status online for updates or requests for evidence and prepare for potential biometrics appointments or re-interviews.
