Adviser's Manual 360

On June 11, 2026 the government appealed the decision of a U.S. District Court that had set aside agency implementation of the $100K H-1B fee. The next day the District Court granted the government's request for an administrative stay of that court's judgement, until the U.S. Court of Appeals makes a decision on the government's "anticipated Motion to Stay pending appeal," provided the government actually files that motion by June 18. This has the effect of restoring the $100K fee under those conditions.

Join NAFSA’s Current Issues Working Group and Knowledge Community for International Student and Scholar Services (KC ISSS) for a conversation about the Current Issues Sessions at the 2026 Annual Conference in Orlando. Presenters will highlight key takeaways from each session and provide additional details or updates announced since the end of the conference. Register now! The event will be on June 24, 2026 from 1:00 to 2:00 pm EDT.

In a June 5, 2026 memorandum and order issued by the U.S. District Court for the District of Rhode Island, USCIS's "Benefits Hold Policy, the Global Asylum Hold Policy, the Comprehensive Re-Review Policy, and the Country-Specific Factors Policy - are declared unlawful and are vacated and set aside." In a subsequent June 11, 2026 order, the court starkly reminded the Government “that court orders vacating and setting aside agency policies have immediate effect once they are issued.” On June 12 the government filed a notice of appeal and posted a news alert on the USCIS website stating that "USCIS strongly disagrees with the Court’s order but will follow its terms pending possible further judicial review." See NAFSA's page.

Associated Press (AP) reported on an internal State Department memo obtained by AP and corroborated by three U.S. officials, outlining a Trump administration plan to reduce the number of U.S. embassies and consulates in Africa that can process visa applications from the nearly 50 current posts to just 20 regional hubs. The change is expected to take effect in June 2026, according to AP's sources.

A May 21, 2026 USCIS policy memorandum sharply reframes adjustment of status as an act of “discretion and administrative grace” rather than a routine statutory pathway for eligible applicants already in the United States to move from nonimmigrant to lawful permanent resident status. Applicants with pending or planned adjustment filings should consult experienced immigration counsel to assess case strategy, risks, and possible alternatives. Legal challenges to the policy should be expected.

On May 5, 2026, DHS submitted the final rule that will eliminate F and J "duration of status" to the Office of Management and Budget (OMB) for review. We expect OMB's review to be expeditious and for the rule to be published in the Federal Register in the not-too-distant future. The final rule will go into effect 60 days after publication in the Federal Register. Although the text of the final rule will not be available to the public until at least 24 hours before the Federal Register publication date, we surmise that it will retain most if not all of the changes included in the proposed rule. NAFSA will update its final rule analysis page as soon as we review the text of the yet-to-be published final rule.

An April 28, 2026 Washington Post article reported on a Department of State cable and communications from Secretary of State Marco Rubio that require consular officers to ask all nonimmigrant visa applicants two new questions: 1) “Have you experienced harm or mistreatment in your country of nationality or last habitual residence?” and 2) “Do you fear harm or mistreatment in returning to your country of nationality or permanent residence?” The Post article relates that the cable also states that “An applicant’s fear of returning to his or her country of nationality or permanent residence calls into question an applicant’s intended purpose of travel and immigrant intent at the time of visa application,” and that “Visa applicants must respond verbally with a ‘no’ to both questions for the consular officer to continue with visa issuance.” See New State Department rules would deny visas to those who fear returning home, Adam Taylor, The Washington Post, April 28, 2026.

On April 22, 2026 a group of senators sent a letter to the GAO asking for an examination of the USCIS adjudication pause and the 75 country processing pause at the Department of State and what the agencies are doing to lift the holds.

The I-94 website now contains a View Compliance tab that takes users to a page with functionality called a "Traveler Compliance Check" meant to respond to the question: "How much longer may I remain in the U.S.?"

On March 31, 2026 USCIS announced that it had "selected enough beneficiaries with properly submitted registrations to reach the H-1B cap and notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for those beneficiaries. Registrants’ online accounts will display their registration status," and that "H-1B cap-subject petitions for FY 2027, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2026, if filed for a selected beneficiary and based on a valid registration." This is the first H-1B cap registration in which USCIS has used its new "weighted selection process" that favors higher-paid beneficiaries (i.e., beneficiaries assigned wage level IV were entered into the selection pool four times, level III three times, level II two times, and level I only one time).