18 Jun Immigration News Digest – May/June 2026
Federal Court Pauses Decision to Declare $100,000 H-1B Fee an Unlawful Tax
On June 12, 2026, a U.S. district court partially stayed its decision on June 8, 2026, that vacated a Department of Homeland Security (DHS) policy implementing Presidential Proclamation 10973 by imposing a $100,000 fee on certain new H-1B petitions. The court allowed an alternative request for an administrative stay pending a decision by the U.S. Court of Appeals for the First Circuit on an anticipated motion to stay pending appeal from the defendants, provided the defendants file such a motion by Thursday, June 18, 2026.
In the June 8 decision, the court said that the $100,000 fee constituted an unauthorized supplemental tax. The court ruled in favor of the plaintiffs (20 state attorneys general), finding the Proclamation and the policy implementing it to be arbitrary and capricious, unconstitutional, and contrary to law.
USCIS Follows Compliance Order to Resume Processing of Applications for Nationals From 39 Countries, But Files Appeal
On June 12, 2026, U.S. Citizenship and Immigration Services (USCIS) issued an alert under a court order, and subsequent compliance order, in Dorcas v. USCIS. The court had vacated policy guidance (PM 602-0192, PM 602-0194, and PA 2025-26) based on several presidential proclamations that resulted in a freeze on the processing of hundreds of thousands of green card, work permit, and asylum applications for nationals of 39 countries. On June 12, USCIS filed an appeal of the decision vacating the policies.
The court has required processing of the applications, but not approval; applicants must still meet eligibility requirements. Travel bans on certain countries are also still in place, as is the USCIS adjustment-of-status memorandum. Due to the complexities involved, the Alliance of Business Immigration Lawyers (ABIL) recommends contacting an attorney in specific cases, especially before international travel. ABIL also recommends that foreign nationals carry proof of their immigration status while in the United States.
USCIS ‘Quietly’ Lifts Processing Holds for Physicians
According to reports, U.S. Citizenship and Immigration Services has “quietly” lifted processing holds in the United States on pending immigration benefit applications for physicians. This includes H-1B petitions filed by U.S. employers for physician employees and J-1 waiver-related adjustment of status applications.
Physicians were added on June 12, 2026, to the USCIS list, which includes individual or group cases with an established internal process for lifting holds that requires “comprehensive review by multiple offices.” The list is included in Update on USCIS’ Strengthened Screening and Vetting.
DOS Plans Drastic Cuts to Visa-Processing Posts in Africa
According to reports, the Department of State (DOS) plans to cut most visa-processing capabilities at its posts in Africa from almost 50 down to 20 in June.
Based on an internal memo obtained by the Associated Press, the 20 hubs to remain open for processing include Abidjan, Ivory Coast; Accra, Ghana; Addis Ababa, Ethiopia; Cape Town, South Africa; Dakar, Senegal; Dar-Es-Salaam, Tanzania; Djibouti, Djibouti; Johannesburg, South Africa; Kampala, Uganda; Kigali, Rwanda; Kinshasa, Congo; Lagos, Nigeria; Lome, Togo; Luanda, Angola; Malabo, Equatorial Guinea; Monrovia, Liberia; Nairobi, Kenya; Port Louis, Mauritius; Praia, Cape Verde; and Yaounde, Cameroon.
New USCIS Policy Limits Adjustment of Status
On May 22, 2026, U.S. Citizenship and Immigration Services (USCIS) announced a new policy memorandum, issued May 21, 2026, that addresses how officers should exercise discretion in adjustment of status (AOS) adjudications. USCIS said that it views immigrant visa processing at a U.S. consulate abroad as the default route to a green card for most people, with AOS applications filed inside the U.S. treated as a discretionary option.
What Has Changed
Historically, USCIS officers exercising discretion in adjustment cases followed longstanding agency and Board of Immigration Appeals precedent recognizing that favorable discretion ordinarily should be exercised where applicants establish eligibility and do not present significant adverse factors such as fraud, criminal conduct, or substantial immigration violations.
The new memorandum shifts this framework. It instructs officers to conduct a broader evaluation of each applicant’s immigration history. The memo does not mention any positive factors, such as compliance with immigration requirements, U.S. citizen family members, or gainful employment, and stresses that officers must consider negative factors, including any history of status violations or conduct inconsistent with the purpose of the applicant’s original nonimmigrant entry. The memorandum also signals that officers may consider why an applicant chose adjustment of status over consular processing as part of the discretionary analysis.
Overall, the new memo signals a major policy shift toward restrictive discretionary adjudication. USCIS specifically emphasized that:
- Temporary visas are intended for limited-duration stays tied to a specific purpose;
- Nonimmigrant status should not serve as a “first step” toward permanent residence;
- Consular processing abroad should become the default path for obtaining immigrant visas; and
- USCIS resources should be focused instead on other agency priorities.
The memo’s title, and the accompanying press communications, characterize adjustment of status as an “extraordinary measure” rather than the routine process it has been for most applicants—although the memorandum itself does not go that far.
Potential Impact
Potentially affected groups include:
- Employment-based adjustment applicants;
- H-1B, L-1, TN, O-1, and other temporary workers pursuing permanent residence;
- Family-based adjustment applicants;
- Self-petitioners, including EB-1 extraordinary ability and National Interest Waiver applicants;
- Dependent spouses and children; and
- Individuals relying on concurrent filing strategies.
The memorandum reiterates that pursuing adjustment of status is not inconsistent with maintaining lawful status in recognized dual intent classifications such as H-1B and L-1 categories. USCIS notes, however, that maintenance of lawful status alone does not necessarily warrant a favorable exercise of discretion in every case.
For employers, practical implications may include the need to reassess immigration strategies for sponsored employees, anticipate potential delays or increased Requests for Evidence in pending adjustment cases, and evaluate whether consular processing may be preferable for certain employees depending on their individual circumstances.
The new policy memorandum promises additional guidance on the application of the discretionary standard to specific categories of adjustment applicants. Questions regarding the scope and implementation of this policy may ultimately be addressed through future agency guidance or litigation.
DHS Announces Ebola-Related Flight Arrival Restrictions for DRC, Uganda, and South Sudan; CDC Implements Public Health Measures; DOS Pauses Visa Services
On May 21, 2026, U.S. Customs and Border Protection, of the Department of Homeland Security (DHS), announced immediate restrictions on flights arriving in the United States carrying persons who have recently traveled from, or were otherwise present within, the Democratic Republic of the Congo (DRC), Uganda, or South Sudan. DHS said the restrictions were implemented in response to concerns about outbreaks of the “Bundibugyo” strain of the Ebola virus in those countries. The Centers for Disease Control and Prevention (CDC) also announced related public health measures, and the Department of State (DOS) has paused visa services in those countries. Below are highlights of these developments.
Flight Arrival Restrictions
Initially, affected flights were required to arrive at Washington-Dulles International Airport. CBP has since announced modifications to the list of designated airports. DHS considers a person to have recently traveled from the DRC, Uganda, or South Sudan if that person departed from, or was otherwise present within, the DRC, Uganda, or South Sudan within 21 days of the date of the person’s entry or attempted entry into the United States.
Crew and flights carrying only cargo (no passengers or non-crew) are excluded from the arrival restrictions. Also excluded are U.S. citizens, lawful permanent residents, members of the armed forces, and some others. DHS said that the restrictions will continue until cancelled or modified by the Secretary of Homeland Security and notice of such cancellation or modification is published in the Federal Register.
CDC Measures
On May 19, 2026, the CDC released a related statement. The CDC said it would “[c]oordinate with airlines, international partners, and port-of-entry officials to identify and manage travelers who may have been exposed to Ebola virus.”
On May 21, 2026, the CDC outlined public health entry screening measures it is implementing at designated airports:
- Travelers who were in DRC, Uganda, or South Sudan in the 21 days before arriving in the United States will be escorted to an area of the airport set aside for screening.
- Travelers will respond to a brief questionnaire that asks about their travel history and symptoms, and collects information so the travelers can be contacted if needed.
- CDC staff will observe these travelers for signs of illness and take travelers’ temperatures using non-contact thermometers (thermometers that do not touch the skin).
- Travelers who do not have symptoms but have been in DRC, Uganda, or South Sudan in the past 21 days will be given information on monitoring their health and actions to take if symptoms later appear. These travelers will continue to their final destinations. Traveler contact information will be shared with state and local health departments for additional follow-up and support.
- Travelers who have a fever or other symptoms will be evaluated by a CDC public health officer.
- If a suspect case is identified, CDC will work with state and local health departments to conduct routine contact investigations to notify passengers.
Visa Services Pause
Effective May 18, 2026, the U.S. Embassies in Juba, South Sudan; Kinshasa, DRC; and Kampala, Uganda have temporarily paused all visa services/operations. The pause includes applications for immigrant visas as well as nonimmigrant visas for tourists, business travelers, students, exchange visitors, and all other nonimmigrant categories.
DOS said that affected visa applicants have been notified, and that the agency will update its website when appointment scheduling resumes and will inform applicants whose appointments were rescheduled. DOS said that the pause does not affect any currently valid visas.
Elimination of “D/S” May Affect F, J, and I Visa Holders
According to reports, a Department of Homeland Security (DHS) proposed rule ending the use of “duration of status” (D/S) for F students, J exchange visitors, and I foreign media representatives, issued in 2025, is likely to be finalized in the coming weeks. If finalized as proposed, U.S. Customs and Border Protection (CBP) would issue an expiration date on Form I-94, Arrival/Departure Record, each time these nonimmigrants enter the United States. Under this rule, F/J/I visa holders would only be allowed to extend their time in the United States through an application to U.S. Citizenship and Immigration Services (USCIS).
This change would mark a significant shift from the current framework, under which many F, J, and I visa holders are admitted for D/S and may remain in the United States as long as they comply with the terms of the underlying program or classification. Once implemented, it will create new compliance obligations and timing concerns for visa holders, Designated School Officials (DSOs), program sponsors, universities, and employers that rely on F, J, or I nonimmigrants.
The most significant change is that F, J, and I nonimmigrants will have a fixed I-94 expiration date. Another noteworthy change is a proposed increase in USCIS oversight of student and exchange visitor programs related to changes in educational level. Universities, DSOs, and exchange program personnel would need to train staff and visa holders to identify changes that could affect status (e.g., a change in program, major, educational objective, or degree level).
Under D/S, many F and J visa holders generally do not begin accruing unlawful presence until USCIS or an immigration judge determines that a status violation occurred. Under fixed admission periods, individuals who remain beyond the I-94 expiration date could begin accruing unlawful presence and, depending on the length of the overstay, may become subject to the three- or ten-year bars. This risk is particularly acute for individuals who mistake the visa stamp expiration date for the controlling I-94 expiration date. The I-94 date, not the visa stamp date, controls authorized stay in the United States. The proposed shortening of grace periods from 60 to 30 days would further reduce flexibility for students and exchange visitors to depart, transfer, change status, or make other post-program arrangements.
The I-94 expiration date controls authorized stay in the United States, even if the visa stamp remains valid for a longer period. Individuals considering program changes, transfers, new educational levels, CPT, OPT strategy, extensions, or travel should consult with counsel or their DSO before taking action
This is posting is for informational purposes and is not intended as legal advice. If you require further assistance or advice relating to the above, please contact our Partner, Catherine Betancourt at catherine@flynnhodkinson.com.
Catherine Betancourt is a Partner at Flynn Hodkinson, a specialist US immigration law firm in London, where she advises individual and corporate clients on moving to and working in the United States.
Her primary focus is consular processing of immigrant and nonimmigrant visas at US Embassies and Consulates worldwide, with particular expertise in the employment-based and treaty-based routes, including the E-1 Treaty Trader and E-2 Treaty Investor visas, most relevant to UK and Irish businesses relocating people to the US.
1. What are the main U.S. immigration updates covered in this May/June 2026 digest?
This digest covers several fast-moving U.S. immigration developments, including litigation over the $100,000 H-1B fee, USCIS processing changes for nationals of 39 countries, processing holds affecting physicians, visa-processing changes in Africa, a new adjustment of status policy, Ebola-related travel and visa restrictions, and a possible end to duration of status for F, J, and I visa holders.
2. Is the $100,000 H-1B fee still in effect?
The position is not fully settled. A federal court vacated the DHS policy implementing the $100,000 fee for certain new H-1B petitions, but the court later partially stayed its decision while the government pursued further review. Employers should not assume the issue has been finally resolved until the appeal and any stay requests are decided.
3. What should employers do if they are planning a new H-1B petition?
Employers should review the timing, cost, and legal strategy before committing to an H-1B route. In some cases, H-1B may still be appropriate. In others, it may be worth considering whether another visa category is more realistic, depending on the employee’s role, nationality, experience, company structure, and timeline.
4. Does the USCIS processing update for nationals of 39 countries mean affected applications will be approved?
No. The court order requires USCIS to resume processing certain applications, but it does not guarantee approval. Applicants still need to meet the legal requirements for the benefit they are seeking. Travel bans and other policy restrictions may also still affect individual cases.
5. Why is the adjustment of status policy change important?
The new USCIS memorandum appears to make adjustment of status more discretionary and more closely scrutinized. USCIS has signaled that consular processing abroad should be treated as the default route to a green card for many applicants, while adjustment of status inside the United States may receive a broader review of the applicant’s immigration history.
6. Who could be affected by the new adjustment of status policy?
The policy may affect employment-based applicants, H-1B and L-1 workers pursuing permanent residence, family-based applicants, EB-1 and National Interest Waiver self-petitioners, dependent spouses and children, and people relying on concurrent filing strategies. The impact will depend on the facts of the individual case.
7. What changed for physicians with pending immigration cases?
USCIS has reportedly lifted certain processing holds affecting physicians. This may include H-1B petitions filed by U.S. employers for physician employees and J-1 waiver-related adjustment of status applications. However, the lifting of a hold does not mean automatic approval. Each case still needs to satisfy the relevant legal requirements.
8. What does the possible end of duration of status mean for F, J, and I visa holders?
If the proposed rule is finalized, F students, J exchange visitors, and I foreign media representatives may receive a fixed I-94 expiration date instead of being admitted for duration of status. This would create a clear end date for authorized stay and could make extensions, program changes, transfers, and travel planning more time-sensitive.
9. Should applicants make travel or filing decisions based only on these updates?
No. These updates show the direction of current policy and litigation, but many details remain case-specific. Before traveling, filing, changing status, or relying on a particular visa route, applicants and employers should review the facts of the individual case with qualified immigration counsel.
Immigration News Digest – May/June 2026
This digest covers several fast-moving U.S. immigration developments, including litigation over the $100,000 H-1B fee, USCIS processing changes for nationals of 39 countries, processing holds affecting physicians, visa-processing changes in Africa, a new adjustment of status policy, Ebola-related travel and visa restrictions, and a possible end to duration of status for F, J, and I visa holders.
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