Immigration Updates
Visa Applicants Who Admit to a Fear of Returning Home Will Now Be Denied
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APPLIES TO All Employers |
EFFECTIVE APR 28, 2026 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
On April 28, 2026, the U.S. Department of State issued a worldwide cable directing U.S. embassies and consulates to ask every nonimmigrant visa applicant: (1) Have you experienced harm or mistreatment in your country of nationality or last habitual residence?; and (2) Do you fear harm or mistreatment in returning to your country of nationality or permanent residence? Applicants who answer “yes” to either question or refuse to answer will be denied a visa. The cable cited a high number of applicants claiming asylum in the United States and misrepresenting their intention during the visa application process.
All of the following nonimmigrant visa categories are impacted by the change: B-1/B-2 visitors, J exchange visitors, F students, and E, H, L, O, and P employment-based visa applicants. Of particular concern are workers with nonimmigrant visas who are currently outside the United States and need to renew or obtain a new visa to return to their existing positions. If they are from countries facing political instability or other conditions creating a fear of harm or mistreatment, the new questions could prevent their return to their current position. Also, visa holders who answer “no” to the questions but later face changing circumstances in their home countries and apply for asylum could face questions about inconsistent answers. Employers should consult with their immigration counsel and prepare for potential workforce disruptions.
Action Items
- Determine which employees may be affected by the new guidance and prepare a contingent work plan (e.g., temporary coverage, etc.).
- Consult with immigration counsel on risk of visa denials for workers subject to new interview process.
Nonimmigrants Will Need to Apply for Green Cards From Outside the United States
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APPLIES TO All Employers |
EFFECTIVE MAY 21, 2026 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
In a Policy Memorandum issued on May 21, 2026 (Memo), the U.S. Citizenship and Immigration Services (USCIS) stated that nonimmigrants within the United States who are seeking an adjustment of status must leave the country to do so. Specifically, individuals seeking an immigrant visa to permanently reside in the United States must apply for admission from outside the country unless there are extraordinary circumstances. USCIS officers have the discretion to determine whether the adjustment of status application is appropriate after they have considered and weighed all the relevant evidence in the record and accounted for “the totality of the circumstances.” Factors include, but are not limited to, family ties, immigration status and history, the applicant’s moral character, and any other relevant factor that would help determine whether the adjustment of status application should be granted.
In support of this new guidance, the Memo cites case law, including from the Supreme Court, that the adjustment of status is a “matter of grace” to be granted by USCIS officers. It has also been interpreted as an “extraordinary” act because it allows the applicant to avoid the regular consular visa process to obtain lawful permanent resident status by leaving the United States. The regulatory framework established by Congress in the Immigration and Naturalization Act (INA) also only allows adjustment of status while within the United States if the applicant has been “inspected and admitted or paroled” into the United States and is admissible for permanent residence. As a result, the USCIS states that applicants who are physically present in the United States but have not been inspected, admitted, or paroled are not eligible for an adjustment of status.
The Memo acknowledges exceptions to this process for dual intent visas like H-1B and L-1 visas which allow workers to seek permanent residency while working on temporary status. However, USCIS must still weigh all relevant factors when granting an adjustment of status as the dual intent visa is not sufficient, on its own, to grant adjustment of status. Employers should prepare for workforce disruptions if USCIS begins to redirect workers to consular processing rather than granting adjustment of status while the workers are in the United States. Workforces with H-1B and L-1 visa holders should consult with their legal counsel regarding the impact of adjustment of status applications under the new guidance.
Action Items
- Determine which employees may be affected by the new guidance and prepare a contingent work plan (e.g., temporary coverage, remote work, etc.).
- Consult with immigration counsel regarding petitions for affected foreign national employees to maintain underlying work visas.
USCIS to Use Final Action Dates for Employment-Based Adjustment of Status
The U.S. Department of State’s Visa Bulletin for June 2026 (Bulletin) requires individuals filing applications for adjustment of status to use the Final Action Dates chart rather than the Dates for Filing chart. This means that the Dates for Filing chart is not available for employment-based adjustment of status applications for June. High demand for certain nonimmigrant visas for applicants from India, China, and Philippines may require retrogression of the final action dates or to make the categories unavailable because the FY 2026 annual limit has been reached.
DHS Addresses Signatures on Immigration Benefit Requests
On May 11, 2026, the Department of Homeland Security (DHS) issued an interim final rule titled Signatures on Immigration Benefit Requests outlining how it handles immigration applications with invalid signatures. A valid signature is any handwritten mark or sign made by a requestor (or in certain situations a parent or legal guardian) to signify his or her knowledge and approval of the contents of the request and any supporting document(s) and that the information contained therein is true and correct. DHS cites increasing issues with applications with questionable or fraudulent signatures. While DHS policies have evolved to address the use of technology that does not have a wet-ink signature, commonly submitted invalid signatures include: (1) copy-pasting or affixing an image of the same signature on multiple benefit requests; (2) signatures that are stamped; (3) applications that are signed by someone other than the requestor (attorney, preparer, or interpreter); and (4) signatures created by signature software programs. The final rule is effective July 10, 2026. The comment period for interested parties ends July 10, 2026.
$100K Tax on H-1B Visas Struck Down
On June 8, 2026, in State of California v. Mullin, a Massachusetts federal district court struck down the $100,000 employer fee for H-1B visa petitions. The H-1B program allows a U.S. employer to petition the government to hire a nonimmigrant worker in a specialty occupation for a maximum duration of six years. Twenty states sued various executive departments and officials for their role in implementing the President’s September 19, 2025 Proclamation 10973 which created the sizeable employer fee. The court said that the Proclamation and resulting policy was “unlawful” as they impose a tax on H-1B petitions without the requisite delegation by Congress, meaning that this rule was outside the scope of the President’s constitutional authority. This ruling is likely to be appealed, so employers should continue to monitor for updates.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase