Rhode Island Court Denies Stay in Dorcas decision: USCIS Must Continue Processing Applications from 39 Affected Countries

On July 15, 2026, the U.S. District Court for the District of Rhode Island denied the federal government’s request to stay the court’s earlier ruling in Dorcas International Institute of Rhode Island v. USCIS, pending its appeal. This means that USCIS must continue to process and adjudicate immigration applications and petitions from the 39 affected countries while the government’s appeal moves forward.

Prior Ruling and USCIS Statement

On June 5, 2026, the court held that USCIS exceeded its statutory authority by implementing policies that effectively halted the adjudication of immigration benefits for nationals of designated “travel ban” countries. The court found that these policies violated both the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA).

Specifically, the court vacated policies that suspended adjudication of many applications and petitions filed on behalf of nationals of designated countries, paused certain asylum-related adjudications, required re-review of previously approved immigration benefits and directed adjudicators to treat an applicant’s country of origin as a significant negative discretionary factor.

On June 12, 2026, after the court directed that USCIS detail the concrete steps it had taken to comply with the court order, USCIS announced that the policy memoranda placing an adjudicatory hold on cases from the affected countries would be treated as if they are no longer in effect, pending further litigation.

Latest Update: Stay Denied

On June 12, the Department of Justice filed an appeal and requested a stay to halt the court’s June 5 order during the appellate process. By denying this stay on July 15, 2026, the court ensures that the original ruling lifting the hold on adjudications, remains fully active and that USCIS is legally required to continue adjudication of affected cases while the higher court reviews the case.

The processing mandate applies to:

  • Adjustment of status applications
  • Nonimmigrant and Immigrant Visa Petitions
  • Employment authorization requests
  • Naturalization applications
  • Certain asylum-related benefits.

Gibney practitioners are pleased to report resumption of case processing, including approvals, for affected clients.

Impact on Employers and Next Steps

Employers should review pending petitions or applications for employees from affected countries.  As USCIS works through backlogged files, employers should expect to receive final adjudications and should also be prepared to receive potential Requests for Evidence (RFEs), interview notices and/or biometric appointments.

Aisling Ryan
Aisling Ryan

DHS Finalizes Rule Ending “Duration of Status” for F, J, and I Nonimmigrants

DHS has finalized a rule replacing “duration of status” (D/S) admission for F-1 students, J-1 exchange visitors, and I nonimmigrant representatives of foreign media with a fixed period of admission. The new rule will require these nonimmigrants to file for an extension of stay (EOS) with USCIS (or depart and seek readmission) if they need to remain beyond that fixed date. The rule was published on July 17, 2026 and will take effect on September 15, 2026.

DHS reports it received nearly 22,000 public comments on the September 2025 proposal, the vast majority of which are addressed at length in the final rule’s preamble. Despite the volume and substance of opposition comments, DHS adopted the bulk of the proposed changes as originally drafted, with some modifications discussed below.

Key Changes Impacting the F-1, J-1, and I Visa Classifications

  • Fixed admission period for F-1 and J-1 visa holders (and dependents): Admission and any subsequent extension will be capped at the length of the program listed on the Form I-20 or DS-2019, not to exceed 4 years.
  • Fixed admission period for I nonimmigrants: Admission will be capped at 240 days (with a shorter 90-day period continuing to apply to most representatives of media organizations presenting a PRC passport, excluding Hong Kong/Macau SAR passport holders).
  • EOS requirement: Anyone needing more time must file an extension of status (EOS) application with USCIS before the fixed period expires (or depart and seek readmission).
  • Reduced departure/grace period for F-1 students: The period for F-1 students to prepare to depart after completing a program (or authorized post-completion practical training) is cut from 60 to 30 days, aligning F-1 with the J-1 grace period, as proposed.  F-1 students eligible for post-completion OPT must also file an application for an Employment Authorization Document (EAD) within 30 days (rather than 60 days) after completion of their program or program end date.
  • Restrictions on changing educational objective and school transfers:
    • F-1 students at any level below the graduate degree level must complete their first academic year of a program of study at the school that initially issued their Form I-20 before being eligible to change their educational objective or transfer to a new school absent a SEVP-authorized exception for extenuating circumstances.
    • F-1 students at the graduate level or above are barred from changing educational objectives at any point during their program, and are barred from transferring schools during their program absent an SEVP-authorized exception for extenuating circumstances.
  • Same-or-lower-level enrollment barred: An individual who completes a program at one educational level generally may only begin a new program as an F-1 student at a higher level – not the same or a lower level. This change effectively eliminates the option for individuals to enroll in a second graduate degree program that provides immediate work authorization, generally known as Day 1 CPT. DHS is expected to provide additional guidance on how it will define educational levels and determine whether a student’s program of study reflects upward academic progression.
  • Unlawful presence exposure: Once a fixed admission period expires without an approved extension, the individual is out of status and begins accruing unlawful presence for purposes of the statutory 3- and 10-year inadmissibility bars, a marked change from the “D/S” framework, under which unlawful presence only began accruing once an immigration judge formally found a status violation.
  • Biometrics: USCIS may require biometrics in connection with EOS applications for F, J, and I nonimmigrants.

Impact on Existing F-1/J-1 Populations and Transition Provisions

Individuals admitted for D/S who are physically present in the United States on September 15, 2026, the rule’s effective date, will convert to a fixed admission period, with an end date to be the later of the program end date on the individual’s current I-20 or DS-2019, or the expiration date of the individual’s EAD, but capped at no more than 4 years from the rule’s effective date, regardless of program length.  The grace period for this transition group is preserved at legacy length, which is 60 days for F-1 non-immigrants.  Individuals who leave the U.S. and reenter on or after September 15, 2026, will be admitted with a new Form I-94 reflecting a fixed admission date.

Under the transition provisions, individuals with filed OPT or STEM OPT EAD applications that are pending on September 15, 2026 or are filed on or before March 18, 2027 will not be required to file an EOS application. (DHS reserves discretion to extend this transition period through notification in the Federal Register).

Automatic EAD Extension Provisions

The regulation preserves the 180-day automatic extension of employment authorization for F-1 students who timely file for a STEM OPT extension as well the automatic cap-gap extension for F-1 students with a timely filed H-1B cap petition for change of status, through April 1 of the fiscal year.

The rule also provides for automatic extension of work authorization during a pending EOS for F-1 students holding employment authorization for curricular practical training (CPT), on-campus employment or due to economic hardship.  The auto-extension runs up to 240 days or the end date of any Federal Register notice suspending the relevant requirements, whichever is earlier.

J-1 and I nonimmigrants who are employment-authorized incident to status will continue to benefit from the 240-day auto extension if their status expires while a timely EOS application is pending. J-2 dependents, who must hold an EAD rather than being authorized incident to status, do not receive this benefit once their EAD expires.

New Version of Forms I-539/I-539A, I-765, I-20, and I-17 or Successor Forms Expected

DHS is expected to revise Form I-539 (Application to Extend/Change Nonimmigrant Status) and its companion Form I-539A, Form I-765 Application for Employment Authorization, as well as ICE Forms I-20 and I-17. SEVP/SEVIS system updates needed to support the new fixed-admission and EOS framework are also expected.

Practical Implications for Employers, Schools, and Foreign National Employees

Our September 2025 alert examined how this shift would increase filings, processing backlogs, and administrative burden. The final rule confirms and, in some respects, sharpens that picture:

  • Institutions, program sponsors, and employers relying on F-1 OPT/STEM OPT workers, J-1 researchers or physicians, or I nonimmigrant media staff will need to track fixed admission-period end dates the same way they track other nonimmigrant status expirations, and build in lead time for EOS filings.
  • Unlawful presence risk is now immediate upon expiration, rather than contingent on a judge’s finding, considerably raising the stakes of a missed or late EOS filing compared to the D/S regime.
  • The bar on changing educational objectives or transferring schools at the graduate level will limit flexibility for J-1 and F-1 researchers whose programs evolve, absent a qualifying SEVP exception.

Gibney will continue to monitor developments and provide updates as additional information becomes available including detailed FAQs for existing clients.   Please contact your Gibney attorney to discuss how this final rule may affect current or upcoming F, J, or I nonimmigrant filings, or transition planning for individuals currently in D/S status.


Jennifer Davis

USCIS Reached the Fiscal Year 2027 H-1B Cap

United States Citizenship and Immigration Services (USCIS) has reached the Fiscal Year (FY) 2027 H-1B cap. On July 17, 2026, USCIS announced that it received enough petitions to reach the mandated 65,000 H-1B visa regular cap and the 20,000 visas for advanced degree holders.

WHAT EMPLOYERS CAN EXPECT

With this development, USCIS will not conduct a second round of the H-1B cap lottery.  Employers may expect that over the next few days, USCIS will update non-selected registrants’ online accounts to change the status of pending FY 2027 registrations from “Submitted” to “Not Selected.”

PETITIONS NOT SUBJECT TO THE H-1B CAP

USCIS will continue to accept and process H-1B petitions that are not subject to the cap. These include filings for extensions of status, amended petitions, changes of employer, concurrent employment for existing H-1B workers, and petitions filed by organizations that are cap-exempt.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.


Houman Afshar

DHS Finalizes Rescission of 2022 Public Charge Rule: Broader Officer Discretion Now in Effect

DHS and USCIS have finalized the rulemaking we first reported on in November 2025 without changes. The final rule rescinds the 2022 Public Charge Ground of Inadmissibility regulation in its near entirety and replaces the current five-factor regulatory framework with a broader, more discretionary, case-by-case standard for public charge inadmissibility determinations.

The final rule is scheduled for official publication in the Federal Register on July 20, 2026, and will take effect on September 18, 2026. The final rule will apply to:

  • Applications for admission made on or after the effective date; and
  • Applications for adjustment of status postmarked or filed electronically on or after the effective date.

Receipt of means-tested public benefits before the effective date will continue to be evaluated under the standards of the outgoing 2022 rule; receipt of any means-tested public benefits on or after the effective date will be considered under the new framework.

New Form I-485 Expected

As part of this rulemaking, USCIS has proposed a revised Form I-485, Application to Register Permanent Residence or Adjust Status, which will replace the current benefit-type-specific questions with a broader inquiry into any past receipt of means-tested public benefits, remove the current list of exempt category carveouts, and add a new requirement to provide a written explanation for why any such benefit was received.

Key Changes

DHS received 8,846 public comments on the 2025 Notice of Proposed Rulemaking (NPRM), the majority in opposition. After considering those comments, DHS adopted the rule as initially proposed, with the following confirmed changes to the current regulatory framework:

Elimination of the “primarily dependent” standard
As previewed in the NPRM, DHS has removed the 2022 regulatory definition limiting public charge inadmissibility to individuals “primarily dependent” on cash assistance or long-term institutionalization.  Instead, DHS will allow officers to assess dependence on any public resources to meet needs, under a more flexible “totality of circumstances” framework.

No regulatory limits on which public benefits may be considered
The new rule removes the limitation in the 2022 rule that only certain benefits, namely public cash assistance for income maintenance or long-term institutionalization, count for public charge purposes.  Under the new rule, DHS will no longer restrict consideration to those categories, meaning a broader range of means-tested benefits will be weighed.  This expands the types of public benefits that could negatively influence public charge determinations.

Expanded fact-finding discretion
DHS has removed the existing inadmissibility determination framework, including the minimum-factors list, guidance on weighing the Affidavit of Support, and the written-denial requirement, along with the exemptions and waivers list.  Officers will instead consider the five statutory factors (age; health; family status; assets/resources/financial status; and education/skills), the alien’s receipt of any means-tested public benefits, and any other information the officer deems relevant to the individual’s likelihood of becoming a public charge.

In response to comments urging DHS to develop replacement standards through full notice-and-comment rulemaking, DHS has confirmed it will instead issue subregulatory guidance in the USCIS Policy Manual, effective on or before the rule’s effective date, to inform (but not bind) officers’ individualized determinations. DHS characterizes this guidance as an interpretive/policy statement exempt from APA notice-and-comment requirements.

Practical Implications for Employers and Foreign National Employees

As with the proposed rule, many employer-sponsored applicants may not experience substantive changes to eligibility outcomes, but with the introduction of a new Form I-485 and broader discretionary standard, should expect an increased procedural and evidentiary burden.  Our November alert flagged that the proposed changes would likely make public charge determinations more stringent, more subjective, and less predictable. The final rule confirms that trajectory:

  • Broader discretion means less predictability: Because officers may now weigh “any other information” deemed relevant, not just the statutory minimums, outcomes may vary more from officer to officer and case to case.
  • More documentation and scrutiny likely: As anticipated, applicants should expect additional case preparation burden, an increased likelihood of Requests for Evidence, more detailed inquiries into financial resources, employment history, assets, and dependents’ use of public benefits, and potentially more searching consular or adjustment-of-status interviews.
  • Non-cash benefits are now squarely in play: Applicants and sponsors who assumed only cash assistance or institutionalization mattered should reassess, since non-cash means-tested benefits received on or after the effective date may now be considered.

Gibney will continue to monitor developments including publication of the USCIS Policy Manual guidance implementing the new rule. Please contact your Gibney attorney with questions about how this final rule may affect upcoming filings.


Violeta Petrova

U.S. Supreme Court Reaffirms Birthright Citizenship

On June 30, 2026, the U.S. Supreme Court issued a landmark 6–3 ruling in Trump v. Barbara, striking down Executive Order 14160. The Court reaffirmed that the Fourteenth Amendment guarantees automatic birthright citizenship to children born in the United States, regardless of their parents’ immigration or visa status. This historic decision preserves stability for employers and foreign workers.

Understanding Birthright Citizenship

The principle of birthright citizenship is that anyone born on U.S. soil is an American citizen at birth. It is protected by the Fourteenth Amendment, adopted in 1868.

What This Means for International Employees

  • Rights Preserved: Children born in the U.S. to temporary visa holders will continue to remain automatic U.S. citizens.
  • Visa Timelines: Employees’ personal visa status, green card sponsorship timeline, and work authorization are not impacted.

Key Takeaways for Employers

  • Workforce Stability: International workers holding employment visas (ex. H-1B, L-1, O-1 and TN visas) will have workforce stability.
  • Compliance: There are no changes to Form I-9, E-Verify, or the employment eligibility verification workflows.
  • Parental Status: The ruling has no impact on/grants no changes to the legal status or green cards policies relating to parents themselves.
  • Global Mobility: Employers should ensure global mobility programs properly log U.S.-born children as U.S. citizens where applicable.

For specific questions, please contact your Gibney attorney or email info@gibney.com.


Amy McCoy

Understanding the Foreign National Registration Requirement Taking Effect June 29

The Department of Homeland Security (DHS) finalized a rule on June 29, 2026, enforcing registration and fingerprinting mandates for noncitizens remaining in the U.S. for 30 days or longer. Driven by Executive Order 14159, the final rule adopts a previous Interim Final Rule (IFR) and introduces updated registration procedures.

Key Provisions of the Final Rule

  • Registration Method: Foreign nationals can continue using Form G-325R (Biographic Information) to fulfill this requirement.
  • Proof of Registration: Online registrants will receive a downloadable “USCIS Proof of G-325R Registration” receipt and registered noncitizens age 18 and older are required to carry this physical proof of registration at all times.
  • Children Under Age 14: Parents and legal guardians must register children under the age of 14.
  • Re-Registration for Children Turning 14: Within 30 days of their 14th birthday, children must personally apply for re-registration and provide fingerprints.
  • Trusted Traveler Status: Active membership in Global Entry, NEXUS, SENTRI, or FAST officially qualifies as valid proof of registration.
  • Frequent Travelers: Registration applies independently to every separate U.S. visit that lasts 30 days or longer.

When does the rule take effect?

The final rule took effect immediately upon publication on June 29, 2026

Penalties for Violations

Failure to register or carry proof can result in civil and criminal penalties, including fines, misdemeanor charges, or jail time.

Employer Considerations

While this final rule could signal a period of aggressive workplace immigration enforcement, it does not alter standard Form I-9 employment eligibility verification requirements. The rule primarily targets individuals who entered the U.S. without inspection.

  • Exempt Employees: Most authorized foreign national employees are already considered registered and do not need to file Form G-325R if they are:
    • Lawful Permanent Residents (Green Card holders)
    • Noncitizens with valid Employment Authorization Documents (EADs)
    • Work visa holders (such as H-1B, L-1, or TN) with an unexpired Form I-94
  • Form I-9 Compliance: Completing Form G-325R registration does not grant employment authorization. Employers should continue to verify eligibility using the standard accepted Form I-9 List documents
  • Increased Scrutiny: Employers may see an increased likelihood of workplace inspections. Employers should expect heightened scrutiny regarding paperwork compliance

Plan Ahead

  • Review Form I-9 files for accuracy and make corrections.
  • Monitor expiration dates for foreign national employees to ensure timely reverification.

What to Expect Next

DHS is accepting public comments on the final rule through August 28, 2026.


Amy McCoy

DHS Issues Proposed Rule to Increase Fees for Citizenship Applications

The Department of Homeland Security (DHS) proposed a new rule to significantly increase the processing fees for Form N-400, Application for Naturalization and Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings. DHS’s last comprehensive adjustment to the United States Citizenship and Immigration Service (USCIS) fee schedule that impacted these types of applications occurred took effect on April 1, 2024.

Summary of Changes

  • Form N-336: Increases the fee from $830 to $1475 for paper filings and from $780 to $1425 for online filings
  • Form N-400: Increases the fee from $760 to $1330 for paper filings and from $710 to $1280 for online filings
  • Reduced Fee: Eliminates the $380 reduced fee option for individuals whose household income is less than or equal to 400 of the of the Federal Poverty Guidelines (FPG)
  • Waivers: Eliminates eligibility for fee waivers
  • Exemptions: Current and former armed members of the armed forces will remain exempt

Why Now?

DHS’s rationale for significantly increasing Form N-400 fees and eliminating waivers and reduced fee options, centers on a strict “beneficiary-pays” model to achieve full cost recovery for USCIS, an agency that operates primarily on fee revenue rather than congressional funding. DHS calculates that the existing filing fees will fall short of covering USCIS’s actual costs of adjudicating naturalization applications following significant changes to national security vetting processes mandated by multiple Executive Orders signed in 2025. Specifically, the implementation of enhanced screening protocols—including expanded biographical data cross-checks, deeper continuous vetting across federal databases, and more rigorous fraud detection systems—has substantially driven up the administrative costs per application. DHS seeks to ensure that it can meet the heightened vetting obligations and prevent backlogs without drawing resources from other areas and/or operating at a deficit.

What to Expect Next

The proposed rule is open for public comment through August 24, 2026. Following review of the submitted comments, DHS may revise terms prior to issuing a final rule.  The current fees for N-400 and N-336 remain in effect and fee waivers and reduced-fee options continue to be available.

What This Means for Employers

While not required, many employers opt to assist their lawful permanent resident employees with naturalization applications. For employers moving employees to US Citizenship status, this is a significant change to cost. Recommendations for employers include:

  • Prioritize the preparation and filing any naturalization applications currently under consideration.
  • Adjust budgets for applications and make appropriate adjustments.
  • Review or update company policies with regard to assistance with naturalization applications and/or payment of related government filing fees.


Amy McCoy

July 2026 Visa Bulletin Released: What Employers Need to Know

The Dept. of State released the July 2026 Visa Bulletin and USCIS has confirmed that they will continue to accept employment-based Adjustment of Status applications under the Final Action Dates chart for July. Key updates in the July Visa Bulletin for Final Action Dates are as follows:

  • EB-1 India will retrogress by two months to October 15, 2022.
  • EB-1 China will advance by two months to June 1, 2023.
  • EB-3 India will advance by two weeks to January 1, 2014.
  • EB-3 China will advance by approximately four and half months to December 22, 2021.
  • EB-3 Worldwide will advance by two months to August 1, 2024.

EB-2 India and EB-5 India will remain unavailable for the remainder of the fiscal year, which ends September 30, 2026. U.S. Consular posts cannot issue immigrant visas and USCIS cannot accept or approve Adjustment of Status (AOS) applications for EB-2 India or EB-5 India applicants through September 30, 2026. The annual limits for immigrant visa availability will reset at the start of the USCIS fiscal year which commences on October 1, 2026.

The Dept. of State also notes that demand and increased immigrant visa number usage may make it necessary to retrogress or update several employment-based categories to unavailable before the fiscal year ends on September 30, 2026. Most notably, EB-1 India has retrogressed and may face further retrogression or even temporary unavailability if demand continues. Additionally, the Dept. of State has warned that EB-2 China and EB-3 Philippines could experience retrogression or unavailability in the coming months to keep visa allocation within annual limits.

EMPLOYMENT-BASED (EB) PRIORITY DATE SUMMARY FOR FINAL ACTION DATES 

USCIS confirmed that it will honor the Final Action Dates chart for purposes of eligibility to file an Adjustment of Status application. The Final Action Dates are as follows:

EB-1, First Preference Category

  • EB-1 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will remain current.
  • EB-1 China will advance by two months to June 1, 2023.
  • EB-1 India will retrogress by two months to October 15, 2022.

EB-2, Second Preference Category

  • EB-2 Worldwide (including El Salvador, Guatemala and Honduras, Mexico, and Philippines) will remain current.
  • EB-2 China will maintain a filing cutoff of September 1, 2021.
  • EB-2 India will be unavailable through September 30, 2026.

EB-3, Third Preference Category (Professional and Skilled Workers)

  • EB-3 Worldwide (including El Salvador, Guatemala and Honduras, and Mexico) will advance by two months to August 1, 2024.
  • EB-3 China will advance by approximately four and half months to December 22, 2021.
  • EB-3 India will advance by two weeks to January 1, 2014.
  • EB-3 Philippines will remain at August 1, 2023.

Other Workers

  • Other Workers (including El Salvador, Guatemala and Honduras, and Mexico) will advance by one month to March 1, 2022.
  • Philippines will advance by one month to December 1, 2021.
  • China will maintain a cutoff date of April 1, 2019 and India will advance by two weeks January 1, 2014.

EB-5: Fifth Preference Category (Immigrant Investors)

  • For the EB-5 Unreserved categories (C5, T5, I5, and R5), China will advance by approximately ten weeks to December 1, 2016 and India will be unavailable through September 30, 2026. All other countries will remain current.
  • The EB-5 “Set-Aside” categories (Rural, High Unemployment, and Infrastructure) will remain current.

Individuals with a priority date that is before the published cut-off date may file an Adjustment of Status application based on the dates outlined above.

WHAT SHOULD EMPLOYERS EXPECT?  

In the July Visa Bulletin,  the Dept. of State continues to caution that as applicant demand increases or policies such as the Presidential Proclamation 10949 and Presidential Proclamation 10998 change, retrogression or unavailability may be required later in the fiscal year throughout several employment-based categories to remain within annual limits. The situation will be continually monitored and any necessary adjustments will be made accordingly.

Due to high demand and number use for EB-1 India, Final Action Dates will retrogress by two months to maintain immigrant visa usage within FY 2026 annual limit. Further retrogression or updating the category to unavailable may be necessary in the coming months if the annual limit in the EB-1 India category is reached before the fiscal year ends.

The annual limit for EB-2 India and EB-5 India has been met for Fiscal Year 2026 and as such, these categories will remain unavailable through September 30, 2026. The Dept. of State indicates that the October Final Action Dates chart for EB-2 India will likely advance to at least the Final Action Date announced in the May 2026 Visa Bulletin, (July 15, 2014), and that EB-5 India will likely advance to at least the Final Action Date reflected in the June Visa Bulletin (May 1, 2022). However, actual date movement for these categories will be dependent on applicant demand and Fiscal Year 2027 annual limits for employment-based preference categories.

The Dept. of State warns that sufficient demand and increased number use by applicants chargeable to EB-2 China and EB-3 Philippines may make it necessary to retrogress the Final Action Dates or make these categories unavailable in the coming months to hold number use within the FY 2026 annual limit.

Employers sponsoring foreign national employees for permanent residence should anticipate continued delays and uncertainty in the employment-based green card process, particularly for employees born in India, China and the Philippines. Due to high demand and annual visa number limitations, the Dept. of State has retrogressed certain categories and made others unavailable for the remainder of the Fiscal Year 2026. Employers should plan for longer processing timelines, maintain valid nonimmigrant work authorization for affected employees where possible, and expect that green card adjudications may be delayed until additional visa numbers become available in Fiscal Year 2027.

For additional information, please contact your designated Gibney representative or email info@gibney.com.


Inez Macedonio


This alert is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice.  The contents of this alert may be considered attorney advertising in some states.  © 2026 Gibney, Anthony & Flaherty, LLP

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State Department Introduces $750 Premium B1/B2 Visa Interview Expedite: What B Visa Applicants Need to Know

The U.S. Department of State (DOS) has published a temporary final rule on June 9, 2026 introducing an optional $750 premium fee to expedite interview scheduling for B-1/B-2 (business and tourism) visa applicants.

Key Timeline & Details

  • Effective Dates: This is a 6-month pilot program scheduled to last from July 1, 2026, through December 31, 2026.
  • The Benefit: Eligible applicants can secure a consular interview appointment within 10 business days, subject to visa appointment and DOS resources available at the location selected.
  • Cost: $750 USD, which is a premium supplement paid in addition to the standard $185 Machine-Readable Visa (MRV) application fee.

How It Works

  • Applicants must complete their Form DS-160, pay the standard $185 fee, and first schedule a regular (non-expedited) interview date.
  • If the consular post is participating and has capacity, the applicant will then see an online option to upgrade to an expedited slot within 10 business days by paying the $750 fee.

Critical Limitations & Guardrails

  • No Guarantee of Approval: Paying the $750 premium fee only accelerates the appointment date. It does not influence the consular officer’s decision, guarantee visa issuance, or bypass any standard eligibility/screening requirements.
  • Adjudication Not Fast-Tracked: The fee does not speed up administrative processing. Any security or eligibility clearances will still take the standard amount of time.
  • Limited Availability: This service is not available globally. The State Department will list participating embassies and consulates on its travel.state.gov website, and slots will be strictly capped to prevent impacting regular appointment wait times.
  • Non-Refundable / Rigid: Failing to attend the expedited appointment or complete payment will result in the forfeiture of both the slot and the fee.

Rationale & Context

This pilot initiative aims to alleviate extreme visa interview backlogs—which currently exceed 12 months at several global consulates—and to manage massive impending travel demand for upcoming major events like the 2026 FIFA World Cup.

The existing no-fee expedited interview options (for urgent humanitarian, emergency, or U.S. government-referred travel) will remain active and unchanged at all consular posts.

At the end of 2026, the State Department will evaluate pilot data to decide whether to permanently adopt, adjust, or abandon this paid premium service.


Houman Afshar

Federal Courts Issue Significant Rulings Affecting Recent Immigration Policies

Two recent federal court decisions out of Rhode Island and Massachusetts have temporarily limited the implementation of several immigration-related policies adopted by the current Administration. While the decisions do not resolve the underlying legal disputes, they represent important developments for employers and foreign nationals with pending immigration matters.

Rhode Island Court Vacates USCIS Adjudication Pause

On June 5, 2026, the U.S. District Court for the District of Rhode Island issued a significant decision in Dorcas International Institute of Rhode Island v. USCIS, holding that USCIS exceeded its statutory authority when it implemented policies that effectively halted adjudication of immigration benefit applications for nationals of designated “travel ban” countries. The court found that the policies violated both the Immigration and Nationality Act (INA) and the Administrative Procedure Act (APA).

The court vacated four USCIS policies that:

  • Suspended adjudication of many immigration benefit applications filed by nationals of designated countries;
  • Paused certain asylum-related adjudications;
  • Required re-review of previously approved immigration benefits; and
  • Directed adjudicators to treat an applicant’s country of origin as a significant negative discretionary factor.

As a result of the ruling, USCIS may resume adjudicating affected applications, including adjustment of status applications, employment authorization requests, naturalization applications, and certain asylum-related benefits. The decision does not require USCIS to approve any application, but it does require the agency to adjudicate cases under existing immigration law rather than pursuant to the vacated policies.

The Department of Justice is expected to appeal the decision, and employers should anticipate the possibility of further litigation or requests to stay the ruling while appellate review proceeds.

Massachusetts Court Strikes Down $100,000 H-1B Fee

In a separate and equally significant development, on June 8, 2026, the U.S. District Court for the District of Massachusetts ruled that the Administration’s $100,000 supplemental fee on certain H-1B petitions is unlawful. The court concluded that the fee functioned as a tax rather than a permissible regulatory fee and therefore could not be imposed by the Executive Branch without authorization from Congress. As a result, the court vacated the fee requirement nationwide.

The ruling is particularly important for employers considering H-1B filings that had previously been subject to the $100,000 payment requirement, including petitions approved for consular notification. Unless the decision is stayed or reversed on appeal, USCIS and the Department of State lack authority to require payment of the supplemental fee before adjudicating or issuing qualifying H-1B visas.

While this decision provides immediate relief to many employers, it is unlikely to be the final word. The Department of Justice is expected to appeal and may seek a stay of the district court’s order while appellate proceedings are pending. The Department of State and USCIS have not yet issued implementation guidance and thus employers should continue to monitor developments closely before making filing decisions based solely on the ruling.


Kristen Heckman


This alert is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice.  The contents of this alert may be considered attorney advertising in some states.  © 2026 Gibney, Anthony & Flaherty, LLP

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