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In this episode of the Greenberg Traurig’s Immigration Insights Podcast, host Kate Kalmykov is joined by GT colleagues Jen Hermansky and Michael Eisenstadt to analyze the USCIS Policy Memorandum issued on May 21, 2026, which represents a shift in how the agency intends to handle adjustment of status (AOS)—the process by which foreign nationals in the United States apply for a green card without leaving the country.

The memo reframes AOS as an “extraordinary benefit” subject to broad agency discretion, suggesting that most applicants should instead pursue consular processing at a U.S. embassy or consulate abroad. The panelists question whether this shift is operationally feasible given consulate understaffing, existing visa processing backlogs, and the ongoing pause on immigrant visa processing for nationals of 75 countries.

Their discussion covers the memo’s discretionary balancing test, its implications for a wide range of visa holders, and the tension between the memo’s guidance and existing statutory provisions that already permit AOS filings in many of the situations the memo treats as negative factors.

They share practical guidance, including maintaining underlying nonimmigrant status, exercising caution around international travel for advance parole holders, and building documentation of economic and national interest arguments in support of pending or anticipated AOS filings.

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199, outlining a change to the adjustment of status (AOS) process under Form I-485. The Policy Memorandum (PM) states that applicants for permanent residence should generally process for immigrant visas at U.S. embassies and consulates abroad following immigrant petition approval, except in limited circumstances. The PM reframes AOS as an “extraordinary discretionary benefit.”

AOS is the procedure for applying for permanent residence, commonly referred to as a “green card,” while physically in the United States. It is used by applicants who are in the U.S. and relies on a statutory framework outlining AOS eligibility criteria and the administrative process for adjudicating applications. For those outside the U.S., applicants for permanent residence go through a similar process at a U.S. embassy or consulate abroad, known as “consular processing.” The PM states that AOS is not an entitlement but a discretionary form of “administrative grace,” even where statutory eligibility is met. The PM characterizes AOS as an “extraordinary” remedy that allows applicants to “bypass” the immigrant visa process through consular processing, which the memo describes as the “normal” procedure that “the Congress generally expects aliens to follow.” The PM instructs officers to apply a case-by-case discretionary analysis, weighing positive and negative factors, including immigration violations, failure to maintain status, and failure to depart, as part of a totality of the circumstances assessment.

Who Does This Impact

The PM applies to all AOS applicants, including individuals with:

(1) pending or approved family-based immigrant petitions (Form I-130);
(2) pending or approved employment-based immigrant petitions (Form I-140); and
(3) pending or approved immigrant investor petitions (Form I-526/Form I-526E).

What Is New

The PM reframes AOS as secondary to consular processing. It characterizes AOS as an “extraordinary” form of relief, describes it as an exception that allows applicants to avoid consular processing and states that AOS should be granted sparingly.

What Is Important

The PM directs USCIS officers to evaluate whether an applicant should be granted AOS based on overall equities, including immigration compliance, moral character, family ties to the U.S., and conduct after admission as a nonimmigrant. Officers are instructed to conduct a totality of the circumstances analysis weighing positive against negative factors. The PM also confirms that discretionary denials must articulate why negative factors outweigh positive ones.

The PM elevates certain adverse factors, instructing officers to treat the following as “highly relevant”:

  • Failure to maintain nonimmigrant status;
  • Failure to depart after admission or parole;
  • Conduct inconsistent with the purpose of admission; or
  • Immigration violations or fraud.

The PM states that maintaining lawful nonimmigrant status in dual-intent categories (such as H-1B or L-1) does not automatically guarantee AOS approval; officers are still instructed to apply the totality of the circumstances test using the discretionary factors listed in the PM.

The current Administration has indefinitely suspended the issuance of immigrant visas via consular processing to nationals of 75 countries citing public charge concerns. Notably, the AOS process already includes public charge-related questions, while consular processing currently does not. A finding that an applicant does not warrant the “extraordinary measure” of AOS, combined with the immigrant visa suspension affecting nationals of those 75 countries, could leave a significant number of applicants unable to pursue permanent residence through either pathway. Such a broad suspension of immigrant visas raises questions regarding Congressional intent, given that Congress has statutorily authorized the issuance of 480,000 family-based green cards and 140,000 employment-based each year.

The U.S. embassies and consulates worldwide are also facing capacity constraints following staff reductions, and applicants pursuing consular processing may encounter lengthy wait times for immigrant visas. Applicants with unlawful presence or status violations may trigger a three- or 10-year bar to reentry if they travel abroad and may wish to carefully consider whether to depart and the potential impact on subsequent immigrant visa processing.

Impact on Pending AOS Applications

The PM does not address whether it applies to already pending or newly filed AOS applications. There is no stated effective date, and no specific changes have been made to the USCIS Policy Manual. Because USCIS may seek to apply the PM to pending applications, applicants may consider gathering evidence of positive discretionary factors, including U.S. employment, absence of immigration violations, family and community ties in the U.S., and U.S. investments (particularly for EB-5 investors). USCIS may issue Requests for Evidence (RFEs) seeking documentation to support the totality of the circumstances determination.

Impact on Travel and Work Authorization for AOS Applicants

The PM does not specifically address travel on an advance parole document (AP) or working pursuant to an employment authorization document (EAD) issued while an AOS applicant is pending with USCIS. However, applicants who use AP to travel internationally should be aware that if USCIS seeks to deny the AOS while they are abroad under this guidance, the applicant may face obstacles reentering the U.S. Travel on AP carries additional considerations considering the PM’s publication.

Travel on AP may also disrupt certain types of underlying nonimmigrant status, including B, E, F, J, H-1B1, and O status. Applicants may wish to remain in the U.S. and forego international travel on AP to preserve underlying nonimmigrant status where possible.

What’s Unclear

The PM is subject to a range of interpretations, and its practical application to specific nonimmigrant classifications, including long-term work-authorized categories (dual intent or otherwise), is presently unclear. The PM states that the current statutory framework and the validity of precedent appellate decisions remain unchanged; however, a number of the court decisions cited in the PM are dated or were decided in other contexts, such as removal proceedings and are not directly relevant to AOS applications.

Potential Court Challenges

The PM directs adjudicators to treat AOS as an extraordinary measure secondary to consular processing requiring a showing of “unusual or outstanding circumstances,” which represents a shift in agency practice. Both the statutory interpretation and the reading of case law cited in the PM may become subject to litigation, depending on how the agency’s adjudication practices change.

The AOS statute includes certain exceptions permitting individuals to apply for permanent residence even where they may have violated status, overstayed a visa, or worked without authorization. For example, an immediate relative (such as a spouse or parent of a U.S. citizen) may still apply for AOS without having maintained status or where unauthorized employment occurred. Similarly, the statute provides an exception for certain employment-based applicants who have had a period of unauthorized stay or unauthorized employment of fewer than 180 days. Some of the “negative” factors listed in the PM, including failure to maintain nonimmigrant status and failure to depart after admission or parole, appear to conflict with these statutory exceptions and could form the basis for legal challenge.

Congress has expressly passed the AOS statute permitting these applications. USCIS administers the AOS applications. U.S. federal courts interpret whether policies by USCIS, such as the PM, conflict with Congressional intent or the language of the statute passed by Congress. Litigation in the federal courts may focus on claims under the Administrative Procedure Act (APA), including that the PM constitutes a rulemaking disguised as policy guidance (which would require public notice and comment procedures) and/or that the PM is not in accordance with the law (e.g. the “negative factors” listed in the PM conflict with statutory exceptions that still permit AOS approval).

From a policy standpoint, family reunification has been a longstanding principal of U.S. immigration law. Litigation may also focus on the PM’s expressed limitation of AOS as inconsistent with the statutory framework allowing AOS applications for family reunification, including in cases where an applicant violated status or accrued unlawful presence. For EB-5 applicants, Congress passed the EB-5 Reform and Integrity Act of 2022 (RIA), which explicitly permits the concurrent filing of AOS applications. There may be potential litigation challenges asserting that the PM conflicts with the plain text and Congressional intent of the RIA.

Any forthcoming litigation will likely seek a temporary restraining order (TRO), which could pause the PM from taking effect and being applied to pending cases.

Practical Considerations

  1. Applicants may document positive discretionary factors in newly filed AOS applications, including family ties in the U.S., lawful employment, community involvement, and tax compliance.
  2. Applicants should maintain their underlying nonimmigrant status where possible and may wish to forego international travel on AP.
  3. Applicants with an approved immigrant petition (Form I-130, Form I-140 or Form I526/I-526E) may wish to file Form I-824 with USCIS to initiate an immigrant visa case with the National Visa Center, which may be used in the event of a subsequent AOS denial.
  4. USCIS may issue additional guidance or clarification on the PM. The PM states that USCIS may issue further guidance on certain AOS categories or discrete populations to aid officers in identifying which applications may or may not be affected. USCIS may also clarify its policy positions following further review of the impact on applicants.

The PM may result in increased difficulty in obtaining a green card through the AOS process, particularly for applicants with prior immigration violations or those holding purely nonimmigrant intent visa categories (B-1/B-2, E-1/E-2/E-3, F-1, J-1, TN, H-1B1, and O-1). While the PM signals potential changes to the AOS process, the underlying statute remains unchanged and the PM may be subject to court challenge.

The U.S. Department of Homeland Security (DHS) has issued an interim final rule that changes how U.S. Citizenship and Immigration Services (USCIS) handles immigration applications with invalid signatures. Published in the Federal Register on May 11, 2026, the rule gives USCIS broader authority to reject or deny immigration benefit requests if signature problems are identified, even after an application has been accepted for processing.

What the New USCIS Signature Rule Does

Under the new regulation, USCIS may:

  • Reject a filing that lacks a valid signature; or
  • Deny the filing after acceptance and adjudication if the signature is later determined to be invalid.

If USCIS denies a filing because of an invalid signature, the agency may:

  • Keep the filing fees;
  • Treat the case as fully adjudicated; and
  • Consider the applicant ineligible for the requested immigration benefit.

The rule takes effect July 10, 2026, and applies to immigration benefit requests submitted on or after that date.

Why DHS Issued the Rule

According to DHS, USCIS has experienced increasing issues involving questionable or fraudulent signatures on immigration forms. The agency stated that adjudicators have applied signature policies inconsistently and that applicants have misunderstood how USCIS handles deficient signatures.

The interim final rule codifies existing USCIS policy dating to 2018, which already allowed denial of filings with deficient signatures after acceptance. DHS states the regulation is intended to standardize enforcement and clarify officer authority.

Examples of problematic signatures identified by USCIS include:

  • Copy-and-paste signatures;
  • Digitally generated signatures;
  • Signature stamps; and
  • Signatures applied by unauthorized individuals.

What Counts as a “Valid Signature”

The rule emphasizes that, in most cases, USCIS requires a handwritten signature.

However, USCIS has clarified that:

  • Scanned copies of original wet-ink signatures remain acceptable;
  • Faxed or photocopied versions of originally signed documents are permitted; and
  • Certain electronic signatures are valid only in limited USCIS-authorized online filing situations.

By contrast, the following may be considered invalid:

  • Auto-generated signatures;
  • Signatures produced by signature software;  
  • Stamped signatures; and
  • Pasted signature images reused across forms.

This distinction may be relevant for companies (and HR departments) that rely heavily on digital workflows.

Why This Matters for Immigration Applicants

Previously, many applicants assumed that once USCIS accepted a filing and issued a receipt notice, signature issues were no longer a major concern.

This rule changes that assumption.

Under the updated framework, USCIS may revisit the signature validity and deny a case after processing has begun. This may create several practical risks, including:

1. Filing Fees May Be Lost

If USCIS denies rather than rejects a filing at intake, applicants may lose filing fees. Employment-based petitions, adjustment of status applications, and family-based filings can involve substantial government filing costs.

2. Delays Could Become More Severe

A denial based on signature deficiencies may require refiling, which could affect:

  • Priority dates;
  • Employment authorization timelines;
  • Work authorization validity; and
  • Lawful presence considerations.

3. Employer Compliance

Companies sponsoring foreign workers should closely review internal immigration filing procedures. Reliance on automated signatures or inconsistent document execution practices may expose petitions to denial.

Considerations for Employers

The rule may prompt employers to implement stricter quality-control procedures.

Practices to consider include:

  • Verifying all required signature fields before filing;
  • Maintaining records of original wet-ink signatures;
  • Avoiding signature software unless explicitly authorized;
  • Reviewing USCIS form instructions carefully for each filing type; and
  • Training staff on signature compliance standards.

Businesses using remote-signature workflows for immigration filings should assess whether they should be revised to reduce the risk of avoidable filing errors.

The Bigger Regulatory Trend

The signature rule reflects a broader DHS trend toward stricter procedural enforcement in immigration adjudications.

Recent USCIS and DHS actions have increasingly focused on:

  • Fraud detection;
  • Filing completeness;
  • Identity verification;
  • Biometrics expansion; and
  • More rigid eligibility standards.

The agency appears to be moving toward a system where technical filing defects may carry material consequences, even where the underlying immigration benefit request would otherwise be approvable.

The Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) have announced expansions to screening and vetting across consular visa processing and USCIS immigration benefit adjudications. These developments reflect a coordinated federal approach that has increased scrutiny for nonimmigrant visa applicants abroad and individuals seeking immigration benefits within the United States.

1. Department of State’s Expanded Visa Screening

  • Effective March 30, 2026, DOS expanded online presence and social media review to additional nonimmigrant visa categories.
  • The covered categories now include A-3, C-3 (if a domestic worker), G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, U, H-1B, H-4, F, M, and J nonimmigrant visas.
  • Applicants in affected categories must disclose five years of social media handles and set all social media profiles to “public” to complete visa adjudication.

2. USCIS Strengthened Vetting for Immigration Benefits

  • On March 30, 2026, USCIS announced strengthened vetting measures after reporting identifying gaps that resulted in approvals of naturalization, green card, and other immigration benefit applications. USCIS determined that these gaps presented potential national security or public safety concerns.
  • Earlier this year, USCIS issued policy memoranda placing holds and enhanced review on:
    • Pending asylum and benefit applications from 39 designated high‑risk countries; and
    • Certain Diversity Visa–based adjustment of status applications.
  • Employment authorization is subject to enhanced screening and vetting. USCIS may place holds on applications, conduct additional background and security checks, or limit validity periods for Employment Authorization Documents (EADs) as part of its strengthened review, particularly for applicants from designated high‑risk countries or categories. For additional information, refer to the related USCIS alert regarding reduced validity periods for newly issued employment authorization documents.

Considerations for Applicants

  • Heightened scrutiny for visa applicants: Nonimmigrant visa applicants, particularly those in newly affected categories, may see closer review of online activity and social media during the adjudication process.
  • Accuracy and consistency: Information provided on visa applications, immigration filings, prior entries, and social media should be truthful, complete, and consistent. Errors or omissions may result in delays, denials, or further investigation.
  • Processing times: Enhanced screening by both DOS and USCIS may result in increased administrative processing, requests for evidence, or application holds, particularly for applicants from designated higher‑risk countries.
  • Ongoing vetting: USCIS has indicated that vetting continues beyond initial entry into the United States. Asylum, adjustment of status, and naturalization applications may be subject to additional review.
  • Early consultation with immigration counsel: Given the increased focus on security screening, background checks, and social media review, individuals and employers are may wish to consult with immigration counsel to assess their circumstances, prepare documentation, and address potential issues proactively.

On March 31, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that it has received enough electronic registrations to meet the H-1B numerical cap for fiscal year 2027 (FY 2027), including the advanced degree exemption (commonly known as the “master’s cap”). This marks the conclusion of the initial H-1B registration and selection period — the first conducted under USCIS’s new wage-level-weighted process favoring higher offered compensation. Petitioners will have at least 90 days from April 1, 2026, to file H-1B petitions for selected beneficiaries.

USCIS has notified all prospective petitioners whose beneficiaries were selected in the lottery. Registrants’ online accounts will display their registration status, allowing petitioners to confirm selections. Only those with selected registrations may proceed with filing an H-1B cap-subject petition for FY 2027.

H-1B Petition Filing Period

USCIS opened the filing window for H-1B cap-subject petitions on April 1, and petitioners may file only for selected beneficiaries based on a valid registration submitted during the registration period. USCIS noted that the latest date for receipt of cap-subject H-1B petitions is June 30, 2026.

New Form I-129 and Supporting Documents

Petitioners should follow USCIS requirements to avoid rejections or delays. Petitioners must include a copy of the beneficiary’s H-1B selection notice with each cap-subject petition. In addition, as of April 1, USCIS will only accept the Feb. 27, 2026, edition of Form I-129 (Petition for a Nonimmigrant Worker). Compared to prior versions, the new Form I-129 mandates more detailed information about the offered H-1B position and requires that the information be consistent with the Standard Occupational Classification (SOC) code selected during the cap registration process. As another new mandate, USCIS requires that petitioners include “evidence of the basis of the wage level selected” during the registration process.

Petitioners must still submit all other required supporting evidence as outlined in the Form I-129 instructions to establish eligibility for petition approval. Failure to comply with these requirements may result in rejection, a request for evidence or denial of the petition.

$100,000 Additional Fee Requirement

Under the Presidential Proclamation on Restriction on Entry of Certain Nonimmigrant Workers, certain H-1B petitions filed on or after Sept. 21, 2025, must be accompanied by an additional $100,000 payment as a condition of eligibility.

USCIS has confirmed that petitions that cannot be approved as an in-country change of status will be subject to the $100,000 as a condition of approval, unless the agency has approved a national interest exception from the employer in connection with this requirement.

Takeaways

The FY 2027 H-1B filing process presents increased compliance requirements. With stricter documentation requirements and evolving policy considerations, both employers and applicants should proceed with caution and precision. Timely preparation and careful review of eligibility requirements may support a successful H-1B petition.

On Jan. 1, 2026, U.S. Citizenship and Immigration Services (USCIS) issued a new policy memorandum—PM-602-0194: Hold and Review of USCIS Benefit Applications Filed by Aliens From Additional High-Risk Countries—that has had wide-ranging effects on immigration benefit processing. This guidance builds on the expanded travel restrictions under Presidential Proclamation 10998 (PP 10998), Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States, signed on Dec. 16, 2025, and effective Jan. 1, 2026.

PM-602-0194 directs USCIS officers to take three main actions:

  1. Place a holdon all pending benefit applications, subject to certain exceptions and regardless of entry date, for nationals of the countries listed in PP 10998, pending a comprehensive review;
  2. Conduct a comprehensive review of all policies, procedures, and screening and vetting processes for benefits requests for nationals of countries listed in PP 10998; and
  3. Conduct a comprehensive re-review of approved benefit requests for nationals of countries listed in PP 10998 that were approved on or after Jan. 20, 2021.

Now that almost 60 days have passed since the announcement, applicants may be seeing the effects of the policy in delayed applications, and in some cases requests for additional evidence that USCIS might consider in determining whether to exercise favorable discretion.

Who Is Impacted?

The hold and comprehensive review now apply to nationals of all countries listed in PP 10998. This expanded list includes (among others):

  • Afghanistan
  • Angola
  • Antigua and Barbuda
  • Benin
  • Burkina Faso
  • Burma (Myanmar)
  • Chad
  • Côte d’Ivoire
  • Cuba
  • Dominica
  • Equatorial Guinea
  • Eritrea
  • Gabon
  • The Gambia
  • Haiti
  • Iran
  • Laos
  • Libya
  • Malawi
  • Mali
  • Mauritania
  • Niger
  • Nigeria
  • Senegal
  • Sierra Leone
  • Somalia
  • South Sudan
  • Sudan
  • Syria
  • Tanzania
  • Togo
  • Tonga
  • Turkmenistan
  • Venezuela
  • Yemen
  • Zambia
  • Zimbabwe

Individuals with Palestinian Authority–issued or endorsed travel documents are also included. This means the policy applies based on nationality, country of birth, or citizenship acquired through Citizenship-by-Investment (CBI) programs.

Exceptions

PM-602-0194 allows USCIS to continue adjudicating certain categories of benefit requests, including:

  • Individuals with a pending Form I-90, Form N-565, and Form N-600;
  • “Benefit requests that are a priority for law enforcement and where [Immigration and Customs Enforcement] has requested that USCIS take adjudicative action to uphold public safety or national security;”
  • Form I-765, categories(c)(11) for an alien paroled into the United States in the public interest or temporarily for emergency reasons and (c)(14) for an alien granted deferred action only when the request comes from law enforcement because the noncitizen is assisting law enforcement;
  • Initial Form I-765, category (c)(8) for an asylum applicant (with a pending asylum application) who filed for asylum on or after Jan. 4, 1995;
  • Benefit requests for individuals whose entry would serve a United States national interest;
  • Benefit requests for athletes or members of an athletic team, including the coaches, persons performing a necessary support role, and immediate relatives for the purpose of participating in the World Cup, Olympics, or other major sporting event as determined by the secretary of state;
  • Benefit requests, or associated underlying benefits, for any programs that are terminated or discontinued as a result of an executive order, proclamation, Federal Register notice, or directive issued by the president, the secretary of homeland security, or the USCIS director; and
  • Decisions to automatically terminate automatic or ancillary benefit requests related to when an individual is granted legal permanent resident status or becomes a naturalized citizen.

The exceptions to the policy are limited and may not apply to many applicants. Moreover, almost 60 days have passed since this policy was announced and there are no further updates as to when these applications may go back into normal processing. Without any meaningful update from USCIS, applicants from the affected countries may continue to experience significant delays and/or additional USCIS scrutiny in the adjudication of their cases, irrespective of whether the applicant or beneficiary is inside or outside the United States.

USCIS has finalized a major restructuring of the H-1B cap selection process. In the upcoming FY 2027 H-1B cap season, the traditional random lottery will be replaced with a wage weighted selection system, giving candidates with higher DOL prevailing wage levels (Level I–IV) proportionally greater odds of selection.

The Department of Homeland Security (DHS) published the rule in the Federal Register on Dec. 29, 2025, with an effective date of Feb. 27, 2026. The FY 2027 H-1B cap registration period opens on March 4, 2026, and runs through March 19, 2026. USCIS should make the selections by March 31, 2026, and the FY 2027 H-1B cap petitions filing period will run from April 1, 2026, through June 30, 2026.

As such, employers will have a relatively short time period to enter their prospective H-1B employees into the drawing. Companies may wish to assess their affected employee population, prepare data for immediate entry once the registration period opens, and assemble all relevant documentation to enhance compliance and minimize the risk of adverse government action.

This GT Alert summarizes the key changes, risks, and shares employer considerations.

Continue reading the full GT Alert.

U.S. Citizenship and Immigration Services (USCIS) announced at the end of January that the FY 2027 H‑1B cap registration period will run from March 4, 2026, at 12:00 p.m. ET to March 19, 2026, at 12:00 p.m. ET. The agency will require employers and representatives to register each beneficiary electronically through a USCIS online account and to pay the $215 registration fee.

Key Points

  • Employers without an existing USCIS online account must create an organizational account before submitting registrations.
  • Employers may only submit beneficiary information and registrations on or after March 4, 2026.
  • USCIS intends to issue selection notifications by March 31, 2026, through users’ online accounts. If registrations exceed the annual cap, USCIS will select from unique beneficiaries with properly submitted registrations.
  • A petitioner may file an H‑1B cap‑subject petition only if the beneficiary’s registration is selected.

New to FY2027 H-1B Cap

  1. Weighted Selection System: USCIS has confirmed that it will implement a weighted selection process, prioritizing beneficiaries with higher skill levels and higher wages.
  1. Possible $100,000 Supplemental Fee: Under a Sept. 19, 2025, presidential proclamation, petitioners may be required to pay an additional $100,000 fee if the individual they are sponsoring is outside the U.S. The petitioner must pay the fee after USCIS selects their registration and before they file the H‑1B petition. This supplemental fee does not apply to beneficiaries who are already in the U.S. and have maintained lawful status.

On Jan. 9, 2026, U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) will publish a final rule increasing USCIS fees for premium processing.

Premium processing provides expedited processing for certain case types for an additional government filing fee.

In the announcement, USCIS stated that the premium process fee increase reflects the amount of inflation from June 2023 through June 2025. The USCIS Stabilization Act established the authority for DHS to adjust premium processing fees every two years to account for inflation. USCIS stated that the government will use the revenue generated by the fee increase to provide premium processing services, make improvements to adjudication processes, respond to adjudication demands, including processing backlogs, and otherwise fund USCIS adjudication and naturalization services. USCIS last adjusted premium processing in February 2024.

Effective March 1, 2026, requests for premium processing (Form I-907) must include the following updated fees:

FormPrevious FeeNew Fee
Form I-129, Petition for a Nonimmigrant Worker, H-2B or R-1 nonimmigrant status$1,685$1,780
Form I-129, Petition for a Nonimmigrant Worker, all other available Form I-129 classifications: E-1
E-2
E-3
H-1B
H-3
L-1A
L-1B
LZ
O-1
O-2
P-1
P-1S
P-2
P-2S
P-3
P-3S
Q-1
TN-1
TN-2		$2,805$2,965
Form I-140, Immigrant Petition for Alien Worker, employment-based classifications: E11
E12
E13
E21 (NIW and non-NIW)
E31
E32
EW3		$2,805$2,965
Form I-539, Application to Extend/Change Nonimmigrant Status, requesting: F-1
F-2
J-1
J-2
M-1
M-2		$1,965$2,075
Form I-765, Application for Employment Authorization, for certain eligible applications (OPT and STEM-OPT Classifications)$1,685$1,780

The new fees will take effect for filings postmarked on or after March 1, 2026.

On Dec. 2, 2025, USCIS issued a policy memorandum PM-602-0192 directing officers to place an adjudicative hold on

  1. all pending asylum applications (Form I-589), regardless of nationality, and;
  2. most pending immigration benefit requests – such as green cards, adjustment of status, travel documents, naturalization, etc. – filed by nationals of 19 countries designated as “high risk,” regardless of the entry date.

For nationals from above-mentioned 19 “high-risk” countries, the memorandum also mandates a comprehensive re-review of certain previously approved or pending cases if the applicant entered the United States on or after Jan. 20, 2021. This may include re-interviews, additional vetting, identity verification, or further security-based screenings.

The 19 “high risk” countries include: Afghanistan, Burma, Chad, Republic of Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela.

This policy is grounded in Presidential Proclamation 10949 (June 4, 2025), Restricting the Entry of Foreign Nationals To Protect the United States From Foreign Terrorists and Other National Security and Public Safety Threats, as known as the “travel ban,” and Executive Order 14161 (Jan. 20, 2025), Protecting the United States from Foreign Terrorist and Other National Security and Public Safety Threats, both of which emphasize enhanced national security review of foreign nationals from certain jurisdictions.

Why the Administration Implemented this Policy

The Memorandum cites two recent incidents involving foreign nationals accused of planning and attempting terrorist activity after entering the United States. USCIS notes that gaps in prior screening measures necessitate a broad reassessment of individuals from certain regions.

Impact on Affected Applicants

USCIS acknowledges that the hold and re-review requirements will slow adjudications, even significantly, but asserts that the delay is justified given the national security rationale. Applicants who have pending immigration benefits request may expect delays. The Memorandum also allows USCIS to require interviews for applicants who ordinarily would not need one. Though this policy does not automatically deny applications, adjudications will not resume until USCIS completes its review and issues implementing guidance. Applicants should also be aware that identity-related issues will receive heightened scrutiny. Inability to establish identity or inconsistent documentation may independently trigger ineligibility under the Immigration and Nationality Act (INA).

Practical Considerations for Affected Applicants

Nationals of the 19 “high-risk” countries may wish to:

  • Prepare for extended adjudication timelines;
  • Expect possible requests for re-interviews or additional evidence;
  • Ensure identity documents are complete and consistent; and
  • Consult counsel before international travel, especially where advance parole or re-entry permits are on hold.

Asylum applicants of any nationality should:

  • Monitor for updated operational guidance, which USCIS states will be issues within 90 days; and
  • Acknowledge that no asylum applications will move forward until USCIS lifts the hold.

Takeaways

This Memorandum represents the broadest national-security-based pause on immigration benefits since the “travel ban era.” USCIS states that the hold will remain in effect until lifted by a superseding directive from the USCIS director. It also emphasizes that this policy does not create individual rights or enforceable benefits. Given the scope of the pause, the enhanced security vetting it requires, and its overlap with prior travel ban, this policy may influence adjudications for a considerable period. USCIS has committed to issuing additional operational guidance within 90 days, which will determine how these reviews are implemented in practice and how quickly any movement on pending cases may resume.