Important Business Immigration Updates: H-1B Update, USCIS Signals Green Card Policy Shift, Compliance Updates & More

Federal Court Vacates $100,000 H-1B Filing Fee

In a significant development for U.S. employers and foreign national professionals, a federal judge in Massachusetts has struck down the Trump Administration’s $100,000 H-1B filing fee. The court ruled that the fee constituted an unauthorized tax because Congress did not grant the Executive Branch authority to impose such a charge. The decision vacates the fee in its entirety and may have a substantial impact on H-1B workforce planning, sponsorship strategies, and future immigration policy initiatives. Employers should continue monitoring developments, as the government may appeal the ruling and seek to reinstate the fee.

USCIS Signals Major Interpretation Shift on Adjustment of Status Applications

On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum emphasizing that foreign nationals seeking lawful permanent residence (“Green Cards”) should generally pursue immigrant visa processing through U.S. consulates abroad rather than through Adjustment of Status (AOS) applications filed within the United States.

Under this policy, USCIS instructs officers to treat Adjustment of Status as an “extraordinary form of relief”, requiring a case-by-case discretionary analysis to determine whether approval is warranted.

Importantly, the memo does not change the statutory framework under INA § 245, and eligibility requirements remain the same. However, it represents a significant shift in how USCIS exercises discretion, signaling that even applicants who meet all statutory criteria may be denied if they do not merit a favorable discretionary determination.

USCIS has indicated that this policy is intended to align adjudications with what it describes as the “original intent” of the law, redirect processing toward the Department of State, and reduce overstays.

Key Implications for Employers and Individuals

• Greater scrutiny of Adjustment of Status applications, including otherwise approvable filings
• Potential processing delays, travel disruptions, and risk exposure for applicants required to process abroad
• Increased importance of strategic immigration planning and case assessment

At this time, critical questions remain unanswered, including how USCIS will define “extraordinary circumstances” and how the policy will be applied to pending cases.

What This Means Going Forward

Moving forward, each Adjustment of Status case should be prepared with a full totality-of-the-circumstances analysis, supported by robust evidence demonstrating that the applicant merits a favorable exercise of discretion.

At the same time, cases should be structured to mitigate risk and allow for efficient pivoting in the event of a denial, including preparedness for consular processing where appropriate.

Monty & Ramirez LLP has long incorporated discretionary analysis into case strategy. Under this policy, the firm will further expand this approach through a structured “Adjustment of Status Discretionary Request,” which will:

• Identify and address any potential adverse factors
• Proactively document positive equities
• Present a cohesive narrative supporting favorable discretion

Business Immigration Considerations

Monty & Ramirez LLP has consistently advised business immigration clients to maintain valid nonimmigrant status throughout the Adjustment of Status process. This remains critical under the new policy.

Maintaining underlying status ensures:

• Continued work authorization and stability
• A reliable fallback option if the I‑485 is denied
• Reduced disruption to employers and workforce planning

Clients will continue to be strongly encouraged to follow this practice.

The immigration attorneys at Monty & Ramirez LLP are closely monitoring this development and will continue to provide updates as additional guidance becomes available. Questions? Call our office to speak to a team member – 281-493-5529

Federal Court Vacates USCIS Adjudication Pause

On June 5, 2026, a federal court in Rhode Island struck down USCIS policies that paused immigration benefit decisions for individuals from Afghanistan and 38 other countries. The court found that USCIS exceeded its legal authority by implementing policies that imposed indefinite holds on applications for asylum, work authorization, permanent residency, and naturalization, and required the re-review of previously approved cases—all largely based on applicants’ country of origin rather than individual circumstances.

As a remedy, the court vacated these policies and issued a declaratory judgment that they are unlawful, effectively requiring USCIS to resume normal processing of immigration applications. However, it declined to impose a nationwide injunction, finding that vacating the policies alone provided sufficient relief. This decision delivers a strong rebuke of the agency’s attempt to broadly suspend immigration adjudications and reinforces the principle that immigration enforcement must comply with statutory and administrative law.

DHS Automatically Extends Temporary Protected Status for Lebanon Through November 2026

The Department of Homeland Security (DHS) has announced an automatic six-month extension of Temporary Protected Status (TPS) for Lebanon, extending protections from May 28, 2026, through November 27, 2026. The extension was triggered because DHS was unable to complete a determination regarding Lebanon’s TPS designation by the statutory deadline due to rapidly changing conditions in the country. Current TPS beneficiaries from Lebanon who continue to meet eligibility requirements may maintain their protected status and work authorization during the extension period. Additionally, Employment Authorization Documents (EADs) previously issued under Lebanon’s TPS designation will remain automatically valid through November 27, 2026. Lebanese nationals currently benefiting from TPS should continue monitoring future DHS announcements regarding the program’s long-term status.

USCIS Auto-Extends Work Authorization for Certain El Salvador TPS Beneficiaries

U.S. Citizenship and Immigration Services (USCIS) has automatically extended employment authorization through July 22, 2026, for certain El Salvador Temporary Protected Status (TPS) beneficiaries who remain eligible for TPS. The extension applies specifically to TPS-related Employment Authorization Documents (EADs) with a printed expiration date of March 9, 2025, helping affected individuals avoid interruptions in work authorization while their status remains valid. El Salvador’s current TPS designation is scheduled to remain in effect through September 9, 2026. Employers and TPS beneficiaries should review their documentation carefully to confirm eligibility for the automatic extension and ensure compliance with Form I-9 requirements.

Temporary Protected Status (TPS) Litigation Continues Across Multiple Countries

TPS remains one of the most rapidly changing areas of immigration law in 2026. Ongoing federal court litigation continues to impact TPS designations for countries including Venezuela, Haiti, Syria, Burma, and others. Several planned terminations have been temporarily paused by federal courts while appeals continue, leaving many TPS beneficiaries in a period of uncertainty regarding employment authorization and protection from removal. Employers with TPS employees should continue monitoring DHS and USCIS announcements carefully, as litigation outcomes and agency decisions may change quickly.

FY 2027 H-1B Cap Season Concludes With Continued Focus on Compliance

USCIS completed the initial selection process for the FY 2027 H-1B cap season earlier this year and continues to process selected registrations and petitions. Employers filing H-1B petitions should continue monitoring filing deadlines, Requests for Evidence (RFEs), and prevailing wage compliance obligations. USCIS has also maintained increased scrutiny on specialty occupation requirements, third-party placements, remote work arrangements, and wage level documentation. Employers utilizing H-1B workers should ensure that Labor Condition Applications (LCAs), public access files, and worksite posting requirements remain compliant throughout the duration of employment.

H-1B Employers Should Prepare for Site Visits and Worksite Enforcement

Federal agencies continue increasing compliance activity involving H-1B employers in 2026, including FDNS site visits, I-9 audits, and requests for payroll and worksite documentation. Employers should confirm that H-1B employees are working in the approved positions, locations, and wage structures listed in the petition filings. Material job changes, remote work arrangements, salary adjustments, or location changes may require amended filings with USCIS. Proactive internal reviews can help employers identify issues before a government inspection or audit occurs.

Increased Worksite Enforcement and I-9 Compliance Activity

Federal immigration enforcement activity continues to increase in 2026, with a growing focus on workplace investigations, I-9 audits, and targeted enforcement actions against employers in industries with large workforces. Employers should be prepared for Notices of Inspection (NOIs), site visits, and possible coordination between ICE, DHS, and other federal agencies. Common triggers for investigations may include Social Security no-match issues, inconsistent payroll records, subcontractor compliance concerns, and prior audit history. Employers are encouraged to conduct proactive internal I-9 reviews, update onboarding procedures, train HR personnel, and develop response protocols to minimize operational disruption and legal exposure. To get a customized immigration compliance plan call the Monty & Ramirez team at 281-493-5529.

June 2026 Visa Bulletin

A. Final Action Dates for Employment-Based Visa Applications

For June 2026, USCIS announced it will use the Final Action Dates chart published by the Department of State.