Business Immigration Insights

The Supreme Court upheld the 14th Amendment’s Birthright Citizenship Clause today in a 6-3 decision.

The State Department has published the July Visa Bulletin. As is typical near the end of the fiscal year, priority date advances are more modest and pauses and retrogression are more common.

On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum, PM-602-0199, addressing the adjudication of adjustment of status (AOS) applications filed in the United States. Although framed as a reminder of existing law, the memo signals a shift in how USCIS officers are instructed to evaluate AOS applications—prompting concern among employers, foreign nationals, and immigration practitioners.

The State Department announced that visitors from countries required to post bonds to obtain B-2 visitor visas will be waived for nationals of competing countries. 

The State Department has published the June Visa Bulletin. For the first time this fiscal year, the agency will retrogress certain categories due to high demand. EB-1 and EB-2 India will be affected in June, while EB-2 China and EB-3 Philippines are predicted to retrogress later this fiscal year. As it did in May, USCIS will again accept I‑485 applications based on Final Action Dates, not the more favorable Dates for Filing chart.

A Federal Judge blocked the May 4, 2026, termination of the Yemen TPS program, furthering the protection for more than 3,000 Yemeni nationals. 

A US Citizenship and Immigration Services (USCIS) interim final rule implementing a new Annual Asylum Fee goes into effect on May 29, 2026, and carries serious consequences if the fee is not paid within 30 days of notification. 

The State Department has published the May Visa Bulletin. The acceleration in green card availability that began in March will abruptly stop in May for all categories except EB-3 Other Workers, All Other Countries, which will advance 3 months. Moreover, for the first time this fiscal year, USCIS will accept I‑485 applications based on Final Action Dates, not the more favorable Dates for Filing chart. Any applicant who is current under Dates for Filing in April, but not Final Action Dates in May, must either file their green card application by the end of April or wait until their priority date is current again.

Please join Hunton’s Immigration attorneys as they provide a comprehensive overview of US business immigration in 2026.  We will delve into key policy updates, visa program changes, and enforcement trends affecting employers.  Our panel will provide practical guidance on navigating compliance and adapting to the latest challenges in immigration.

Without fanfare or formal announcement, U.S. Immigration and Customs Enforcement recently implemented a policy shift that will materially increase fine amounts that U.S. employers potentially face during I-9 audits.