Immigration news and expert analysis

Questions and Answers: Credible Fear Screening

Under applicable rules, certain individuals who enter the United States through its southwest land border or adjacent coastal borders are presumed to be ineligible for asylum unless they can demonstrate an exception or rebut the presumption. Individuals are encouraged to use lawful, safe, and orderly pathways. This Q&A explains the full credible fear screening process for individuals placed in exp

The Four-Year Clock: DHS Ends “Duration of Status” for International Students

DHS has ended "duration of status" for F-1 and J-1 visa holders, replacing it with a fixed four-year admission period effective **September 15, 2026**. Current students are capped at four years from that date; staying longer needs an approved extension, granted only for academic, medical, or out-of-your-control reasons. Travel can reset your window, program changes are restricted, and OPT now generally requires an extension filing first. The catch: median completion is 4.3 years for a bachelor's and 5.7 for a doctorate — most students will need an extension they aren't guaranteed to get.

The O-1 Visa: Extraordinary Ability and Achievement in Science, Arts, Business, and Athletics

The O-1 visa occupies a unique space in US immigration — it is the nonimmigrant counterpart to the EB-1A green card, designed for individuals who have risen to the very top of their field and want to continue that work in the United States. Unlike H-1B, it is not subject to an annual cap, requires n

Compelling Circumstances Employment Authorization for Nonimmigrant Workers Facing Visa Backlogs

Certain nonimmigrant workers who are the beneficiaries of approved I-140 immigrant petitions but are stuck in perpetually expanding visa backlogs may qualify for temporary employment authorization under the compelling circumstances rule — categories (c)(35) and (c)(36). This stopgap measure addresses situations that previously forced individuals on the path to lawful permanent residence to abruptl

Who Can Self-Petition Under VAWA as an Abused Spouse, Child, or Parent?

The Violence Against Women Act (VAWA) allows abused spouses, children, and parents of U.S. citizens and lawful permanent residents to independently petition for immigrant classification without the abuser's knowledge, consent, or participation. This article covers who is eligible, eligibility requir

The Follow-to-Join Process: Using Form I-824 to Bring Your Family to the United States

For many green card holders, the adjustment-of-status approval is only half the story. A spouse or child is still abroad, and now needs an immigrant visa to join. The follow-to-join process exists for exactly this situation — it lets eligible derivative family members obtain immigrant visas without

Can You Manage Your E-2 Business Remotely? The Full Legal Answer for 2026

The E-2 visa doesn't require you to sit at a desk in your U.S. office every day. It requires you to genuinely be in charge of your business. Remote management is legally compatible with the E-2 — approving contracts, directing staff, setting strategy, overseeing finances from wherever you are. What it doesn't permit is a passive investment where someone else is actually running things while you collect the returns. In 2026, the line between those two situations is being drawn more carefully than before. The February FAM update has sharpened how consular officers evaluate the "develop and dire…

H-1B and the Path to Green Card

For most international professionals working in the United States, the H-1B visa is not the destination — it is the starting line. Converting H-1B status into permanent residence is a multi-stage process that involves labor certification, an immigrant petition, a priority date queue, and finally, ad

The $100,000 H-1B Fee: What Employers Need to Know Right Now

On June 8, 2026, a federal judge in Boston struck down the Trump administration's $100,000 H-1B filing fee, ruling it an unlawful tax imposed without congressional authorization. Three days later, the administration filed an appeal. Three days after that, the same judge stayed his own ruling — meaning the fee is currently still being collected while the appeal proceeds.

BIA Rules That Countrywide Social Distinction Is Required for Asylum PSG Claims

**The BIA just raised the bar for family-based asylum claims — binding nationwide, effective immediately.** In *Matter of S-E-M-Z-* (June 5, 2026), the BIA ruled that social distinction must be proven at the national level — not just within a neighborhood. A gang knowing your family isn't enough. Honduran society as a whole has to recognize your family as a distinct group. If you have a pending asylum case based on family ties, your evidence strategy just changed.