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USCIS Issues Policy Memorandum on Applications to Adjust Status
USCIS issued a memorandum last Friday, “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with Ordinary Consular Visa Process”. Please see memorandum here. You can also view our News Alert from earlier this week here.
Trow & Rahal is hosting a webinar tomorrow, Friday, May 29th about this memorandum and to answer questions. You are encouraged to attend and can register here.
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Department of Homeland Security Proposed Major Changes to F, J and I Visas
The U.S. Department of Homeland Security (DHS) has proposed a regulation that would end “duration of status” (D/S), significantly changing how international students, exchange visitors, and foreign media professionals would maintain their legal status in the United States. This is a proposed rule, not yet in effect. The final proposed regulation has been sent to the Office of Management and Budget (OMB) for final review and is expected to be published without many significant changes.
Who is affected?
- F-1/F-2: Academic students and their dependents
- J-1/J-2: Exchange visitors (researchers, trainees, scholars, etc.) and their dependents
- I: Representatives of foreign media and their dependents
Key changes of the proposed rule include:
- Fixed admission periods
- F and J Nonimmigrants: They will be admitted for the length of their academic or exchange program, generally capped at up to 4 years at a time.
- I nonimmigrants (foreign media): Admitted for the length of their assignment, up to 240 days at a time, with the possibility of extensions.
- Required extensions through USCIS
- To stay beyond the initial period of admission, affected individuals would need to (1) file an extension of status request with USCIS, (2) provide biometrics when required, and (3) show they continue to meet all eligibility and program requirements.
- Limits on long-term or repeated study
- The rule aims to restrict “lifelong student” scenarios by tightening rules on changing academic programs or majors, especially multiple changes at the same level; and by generally requiring that new programs be at a higher educational level (for example, moving from a bachelor’s to a master’s, but not from one bachelor’s to another).
- Grace periods and unlawful presence
- Post-completion grace period for F and J would be shortened (for example, from 60 days to 30 days for F students).
- After the grace period or after a denial of an extension, unlawful presence would begin to accrue, increasing potential immigration consequences for overstays.
- Other technical changes
- Time limits on the total time allowed for certain language-training programs.
- Clearer regulatory definitions for qualifying foreign media organizations.
- Routine use of biometrics in extension adjudications.
DHS indicates that the changes are intended to improve oversight and “program integrity” by having clear end dates for status; make it easier to identify and address overstays and fraud; and bring F, J, and I visa holders more in line with other categories that already have fixed periods of stay.
This proposed rule will go through a public comment period and further review before any final version is issued. If adopted, a final rule would be published in the Federal Register with an effective date (typically 30–60 days after publication).
While there is no immediate change to current rules, students, scholars, and media professionals should monitor official announcements from DHS and their institutions.
T&R will continue to monitor the progress of this rule and provide updates when finalized.
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EB-2 Immigrant Visa Category for India Becomes Unavailable
U.S. Department of State announced on May 22, 2026, that the India Per-Country Limit in the employment second preference (EB-2) category has been reached for the remainder of the U.S. government fiscal year, which ends on September 30, 2026. This happened just days after the June 2026 Visa Bulletin was published (see below). As a result, the EB-2 employment based preference category for India is “unavailable” until the start of the government fiscal year on October 1, 2026 when new numbers should become available.
Please note that USCIS should continue to accept applications to adjust status (Form I-485) for foreign nationals with EB-2 priority dates that are current in May 2026. It is imperative that USCIS receives these applications by the end of May.
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June 2026 Visa Bulletin Brings Retrogression for India EB-1 and EB-2
In the June 2026 Visa Bulletin, USCIS has indicated that family-based cases must use the Dates for Filing chart, and employment-based cases must use the Final Action Dates chart – same as last month. June will bring significant retrogression in the EB-1 and EB-2 categories. The Department of State (DOS) warns of additional retrogressions or categories becoming UNAVAILABLE before end of the fiscal year.
Key changes for June 2026:
- There is significant retrogression for India’s EB-1 and EB-2 Final Action Dates, moving back 10 months and 3 months, respectively.
- For EB-3 Final Action Dates, China and India both advance 1 month.
The remaining employment-based final actions date advance as follows:
- EB-1
- China: April 1, 2023
- India: December 15, 2022
- All other countries: Current
- EB-2
- China: September 1, 2021
- India: September 1, 2013
- All other countries: Current
- EB-3 Professionals and Skilled Workers
- China: August 1, 2021
- India: December 15, 2013
- Philippines: August 1, 2023
- All other countries: June 1, 2024
- EB-3 Other Workers
- China: April 1, 2019
- India: December 15, 2013
- Philippines: November 1, 2021
- All other countries: February 1, 2022
- EB-4
- All countries: July 15, 2022
- EB-5 Unreserved (Regional Center and Non-Regional Center)
- China: September 22, 2016
- India: May 1, 2022
- All other countries: Current
- EB-5 Set-Asides
- Rural: Current for all countries
- High Unemployment: Current for all countries
- Infrastructure: Current for all countries
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More Immigration News
- H-1Bs need to be filed before June 30 – Selected H-1B petitions in the FY 2027 H-1B Cap Lottery must be filed by June 30. If you have been selected, contact T&R to make sure you are on track to file your H-1B petition by the deadline.
- Ebola outbreak (DRC, Uganda, and South Sudan) – In response to the ongoing outbreak of Ebola, the DOS announced that effective May 18th, it has paused all visa services and operations at the U.S. embassies in DRC, Uganda, and South Sudan. The CDC has issued a Title 42 Order, restricting entry for non-US passport holders who were in DRC, Uganda, or South Sudan in the last 21 days. The entry restriction will be in place for 30 days.
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