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A federal judge has struck down the proposed $100,000 H-1B visa fee, finding that it was not lawfully authorized. This is an important development for employers, skilled workers, and professionals preparing future H-1B filings. Immigration policy continues to change quickly, and I will keep monitoring this issue as more updates become available.
According to recent reporting, the policies affected individuals from certain countries and left many applicants waiting for decisions even after they had properly filed their applications. The court found that these broad pauses and delays were unlawful.
If your case has been delayed, held in abeyance, or affected by a recent immigration policy change, this ruling may be important to your case.
This may also apply to individuals from Iran and other affected countries whose pending immigration applications were placed on hold or delayed because of recent agency guidance or policy changes.
I will continue monitoring this issue and will provide updates as more information becomes available. Every case is different, so individuals with pending applications should speak with an experienced immigration attorney before making any decisions about their case.
No. The new USCIS policy memo does not automatically mean that every person applying for a green card must leave the United States.
USCIS recently issued a policy memo describing adjustment of status as a discretionary benefit and suggesting that, in some cases, applicants may be expected to pursue consular processing outside the United States. This caused a great deal of confusion and concern for many applicants.
However, the law has not changed. Adjustment of status is still available under INA § 245 for applicants who are eligible to apply from inside the United States. USCIS may now apply greater scrutiny and look more closely at discretionary factors, but eligible applicants may still continue to file for adjustment of status in the United States.
Every case is different. Some applicants should file for adjustment of status in the United States. Others may need to consular process through a U.S. Embassy or Consulate abroad. But leaving the United States without proper legal advice can be risky, especially for individuals who have unlawful presence, prior immigration violations, criminal issues, or other inadmissibility concerns.
If you are not eligible to adjust status in the United States, consular processing may be the proper option. However, before leaving the United States, you should speak with an experienced immigration attorney to determine whether you need a waiver, such as Form I-601A, Provisional Unlawful Presence Waiver.
Do not assume you must leave the United States just because of headlines or social media posts. The correct strategy depends on your immigration history, manner of entry, family or employment petition, unlawful presence, criminal history, and whether a waiver is required.
Before making any decision, consult with an immigration attorney who can review your specific case and advise you on the safest path forward.
The American Immigration Council recently published an important analysis regarding USCIS’s May 21, 2026 policy memorandum on adjustment of status. The memo has caused significant confusion for green card applicants, especially those applying from inside the United States.
Applicants should not panic, but they should speak with an experienced immigration attorney before making decisions about leaving the United States or changing their immigration strategy.
Read the full article here: https://www.americanimmigrationcouncil.org/blog/green-card-news-uscis-memo/
