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2026 F-1 Rule Put on Hold: Court Issues Preliminary Injunction (PI Order) on September 14
A significant development occurred one day before the new F-1 status rule was scheduled to take effect on September 15, 2026. On September 14, 2026, Judge F. Dennis Saylor IV of the U.S. District Court for the District of Massachusetts issued a preliminary injunction (PI Order), temporarily blocking the U.S. Department of Homeland Security (DHS) and related government agencies from implementing the F-1 Final Rule. As a result, the new F-1 rule will not take effect on Septembe
Sep 15


The Complete Guide to U.S. Naturalization in 2026: When Can Green Card Holders Apply for Citizenship? The New Civics Test and Common Risks
For many green card holders, becoming a permanent resident is only one stage of the immigration process. Becoming a U.S. citizen brings additional legal protections and the right to vote. It can also provide certain family members, including parents, spouses, and children, with an immigration path that has no visa backlog or a shorter wait. Filing Form N-400, Application for Naturalization, involves more than completing a form and paying taxes. When reviewing a naturalization
Sep 9


F-1 Rule Challenged in Court: Will It Take Effect on September 15? Litigation Updates and PI Analysis
The Department of Homeland Security’s (DHS) upcoming F-1 rule is now facing a federal lawsuit. Many international students are asking whether the lawsuit could stop the rule and whether it will still take effect on September 15. The answer is not yet clear, but the case is moving quickly. The next few weeks will be critical. Why Is the F-1 Rule Being Challenged? On August 18, 2026, a coalition of education organizations and labor unions, including NAFSA, the Presidents’ Allia
Aug 28


Immigrant Visa Interview Pause: Which Applicants May Be Affected?
On Tuesday, the U.S. Department of State announced a temporary pause in Immigrant Visa interview scheduling worldwide. The pause is intended to provide additional training for consular officers and strengthen the review of Immigrant Visa applicants, particularly the screening of applicants who may present a Public Charge risk. Some applicants who had already been scheduled for Immigrant Visa interviews have received notices from U.S. embassies or consulates that their intervi
Aug 27


Major Change to Advance Parole Rules: Traveling on Advance Parole May Trigger a 3-Year or 10-Year Bar
Applicants with a pending Form I-485 who have already received Advance Parole should pay close attention to an important legal change. Traveling abroad with Advance Parole was once considered relatively safe in many situations. Now, it may expose travelers to a 3-year or 10-year unlawful presence bar. On August 13, 2026, the Board of Immigration Appeals (BIA) issued a precedential decision in Matter of Delcarmen-Lara, overruling the 2012 decision in Matter of Arrabally and Ye
Aug 14


USCIS’s Latest RFE Policy: Applications May Be Denied Without an RFE, So Prepare Carefully Before Filing
Many people preparing U.S. immigration applications think: “If some documents are missing, I can file first and submit them later after USCIS issues an RFE (Request for Evidence).” This approach may have worked in the past, but applicants should be more cautious now. On August 5, 2026, USCIS updated its policy on evidence, RFEs, and NOIDs (Notices of Intent to Deny), reiterating that in certain circumstances, an immigration officer may deny an application without first issuin
Aug 5


Can You Fly Within the United States After Your I-94 Expires?
What Applicants With Pending I-485, I-539, and Other Immigration Cases Should Know An expired I-94 does not have the same legal effect in every immigration case. Some individuals may remain in the United States while an application is pending but no longer hold valid nonimmigrant status. That distinction has become increasingly important as ICE expands immigration enforcement at U.S. airports. ICE Airport Enforcement Is Increasing Recent reports indicate that the Transportati
Aug 4


USCIS FDNS Site Visit: A Compliance Guide for H-1B and L-1 Employers
Estimated Reading Time: 5 Minutes Many employers assume that once an H-1B or L-1 petition is approved, the immigration process is complete. However, USCIS may conduct a FDNS Site Visit (also known as a site inspection or compliance visit) months or even longer after approval to verify certain employment-based visa cases. For example, a company’s front desk may suddenly receive a visit from two USCIS officers who request to meet with HR, a supervisor, or an H-1B employee. The
Jul 22


Traveling With Advance Parole While Your I-485 Is Pending
Keywords: I-485, Advance Parole, Traveling with Advance Parole, Advance Parole travel risks, I-485 travel and reentry considerations While Form I-485 is pending, many adjustment of status applicants may need to leave the United States for work, family visits, or other personal reasons. If you have received a valid Advance Parole document, you may generally use it to travel abroad and return to the United States while your I-485 is still pending. However, Advance Parole travel
Jun 22


In Depth Analysis: USCIS’s May 21 Green Card Policy Memo on Adjustment of Status. Who May Be Affected, Who May Be Less Impacted, and How Should Applicants Respond?
Keywords: U.S. immigration attorney, U.S. visa, USCIS, adjustment of status, I-485, AOS On May 21, 2026, U.S. Citizenship and Immigration Services, USCIS, issued Policy Memorandum PM-602-0199, a major policy memo addressing adjustment of status, also known as I-485 or AOS. The memo has drawn widespread attention and concern among green card applicants in the United States. It sends a clear message: filing an I-485 in the United States is not automatically approved simply beca
May 28
![[H-1B] Key Challenges and Strategies for H-1B Petitions by Startups](https://static.wixstatic.com/media/a7bedabaadd04eb9b9944f02396ed8ec.jpg/v1/fill/w_333,h_250,fp_0.50_0.50,q_30,blur_30,enc_avif,quality_auto/a7bedabaadd04eb9b9944f02396ed8ec.webp)
![[H-1B] Key Challenges and Strategies for H-1B Petitions by Startups](https://static.wixstatic.com/media/a7bedabaadd04eb9b9944f02396ed8ec.jpg/v1/fill/w_454,h_341,fp_0.50_0.50,q_90,enc_avif,quality_auto/a7bedabaadd04eb9b9944f02396ed8ec.webp)
[H-1B] Key Challenges and Strategies for H-1B Petitions by Startups
Keywords: US Immigration Attorney, US Green Card, US Visa, H1B, H1B First Time, H1B Lottery, H1B Selection, H1B 2026, H1B Visa 🥳Congratulations to those selected in the H-1B lottery. Getting selected is only the beginning, the actual H-1B petition process still involves several important steps. If you work for a startup or a small company, it is especially important to understand the common issues that may arise during the application. Earlier this year, we shared a post abo
Apr 7


New Wage-Weighted H-1B Lottery for 2026: Everything Employers and Candidates Need to Know
Keywords: 2026 H-1B Lottery, Wage-Weighted H-1B Selection, H-1B Prevailing Wage Levels, FY 2027 H-1B Cap, H-1B registration dates 2026 The U.S. Department of Homeland Security (DHS) has finalized a major change to the H-1B visa program, officially replacing the traditional random lottery with a wage-weighted selection system. This new rule, published in the Federal Register on December 29, 2025, represents one of the most significant structural shifts in decades. This new rul
Jan 31


Ding Babb|Step-by-Step Guideline to Start a Business in the U.S.
1100 words, about 2.5 minute to read. Keywords: LLC, C Corporation Starting a business in the United States is an exciting journey — and the good news is that the formation process is nearly identical for both U.S. citizens and non-citizens. Business formation is handled at the state level, and with the right preparation, you can launch your company smoothly and legally. Below is a step-by-step guideline to show you how to start a new business. 🌍Choose Your Business Structur
Dec 26, 2025


Ding Babb|What Happens If You Don't Marry Within 90 Days on a K-1 Visa?
1100 words, about 2.5 minute to read. Keywords: K-1 fiancé(e) visa The K-1 fiancé(e) visa allows a foreign national to enter the United States to marry their U.S. citizen fiancé(e) within 90 days of arrival. While this visa is an important first step toward obtaining a green card, it comes with strict time limits and immigration requirements. If the marriage does not take place within the 90-day window, the foreign national may face serious immigration consequences, including
Dec 26, 2025


Ding Babb|USCIS Site Visits: Comprehensive Guide for H-1B and L-1 Employers and Employees
1300 words, about 3 minute to read. Keywords: USCIS site visit, H-1B on-site inspection, L-1 site visit, FDNS, H-1B compliance, immigration office on-site inspection After H-1B or L-1 work visas are approved, employers and foreign employees still need to remain vigilant regarding compliance risks. In recent years, the U.S. Citizenship and Immigration Services (USCIS), through its Fraud Detection and National Security (FDNS) unit, has significantly increased site visits for ap
Dec 26, 2025


Ding Babb | USCIS Ends 540-Day Automatic EAD Extension Effective October 30, 2025
1300 words, about 3 minutes to read. On October 29, 2025, the U.S. Citizenship and Immigration Services (USCIS) issued an Interim Final Rule, officially terminating the 540-day automatic extension policy for most Employment Authorization Document (EAD) renewal applications. This policy change has broad implications and will directly affect applicants who rely on EADs to maintain lawful employment in the United States. Under the new rule, all EAD renewal applications filed on
Nov 12, 2025


Marriage-Based Green Card in 2025: Key Changes and What Applicants Should Know
Since the Trump Administration took office earlier this year, USCIS and DHS have introduced sweeping reforms that have significantly impacted marriage-based green card applications. Effective August 1, 2025, USCIS has issued updated guidance regarding family-based immigration adjudications, granting officers greater discretion in case evaluation and decision. We have assisted numerous clients through these new challenges, and we want to share key insights based on 1) recent U
Oct 18, 2025


H-1B Weighted Selection Process Proposal: What It Means for Applicants
In the past, H-1B lottery selection was largely a game of luck. Whether you were a high-paying role at a big tech company or a newly graduated candidate, everyone essentially had the same chance. Recently, the U.S. Department of Homeland Security (DHS) has released a proposed rule (NPRM) introducing the weighted selection process. This proposal would factor in education and wage levels, giving higher-paid and higher-skilled positions a better chance in the H-1B lottery. The N
Sep 30, 2025


How Does an EAD Applicant Receive SSN Now?
It was previously possible for some EAD (Employment Authorization Document) applicants to automatically receive their Social Security card in the mail after their I-765 application was approved. This was part of the Enumeration Beyond Entry (EBE) program. However, the Social Security Administration (SSA) paused the EBE program for many applicants in March 2025. This means that many EAD applicants now need to apply in person at a Social Security office to obtain their Social
Aug 11, 2025
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