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San Francisco Immigration Law Blog

July 2026 Visa Bulletin: Key Updates for Employment-Based and Family-Based Applicants

The Department of State has published the Visa Bulletin for July 2026 (Volume XI, Number 16). Simultaneously, USCIS has posted its Adjustment of Status (AOS) Filing Chart confirming which priority date cutoffs apply to I-485 applications filed this month. This bulletin brings several significant developments — including the unavailability of EB-2 and EB-5 Unreserved numbers for India, a retrogressed EB-1

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Visa Bulletin for June 2026

Visa Bulletin for June 2026 U.S. Department of State | Litwin & Smith Immigration Law Update The U.S. Department of State has released the Visa Bulletin for June 2026 (Volume XI, Number 15). The Visa Bulletin governs the availability of immigrant visa numbers for both the National Visa Center (NVC) process and adjustment of status filings with USCIS. Each month,

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USCIS Declares Adjustment of Status an “Extraordinary” Discretionary Benefit: What It Means for Applicants

USCIS Declares Adjustment of Status an “Extraordinary” Discretionary Benefit: What It Means for Applicants By Litwin Smith • May 2026 On May 21, 2026, U.S. Citizenship and Immigration Services (USCIS) issued Policy Memorandum PM-602-0199, reminding its officers and the public that adjustment of status under Section 245 of the Immigration and Nationality Act (INA) is not a right. It is,

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Green Cards Are Not Untouchable: What Lawful Permanent Residents Need to Know Right Now

Green Cards Are Not Untouchable: What Lawful Permanent Residents Need to Know Right Now A green card—formally known as lawful permanent resident (LPR) status—has long been considered one of the most secure immigration statuses available in the United States, short of citizenship. It grants the right to live and work permanently in this country, to travel abroad and return, and

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The High-Skilled Visa Landscape in 2026: Rising Denials, Higher Stakes, and the Value of Experienced Counsel

The High-Skilled Visa Landscape in 2026: Rising Denials, Higher Stakes, and the Value of Experienced Counsel If you are a skilled professional, an employer of foreign nationals, or a company navigating the U.S. immigration system, 2026 presents the most challenging adjudication environment in nearly a decade. Denial rates for employment-based visa categories are climbing sharply. Fees have increased dramatically. Requests

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I am on an H-1B Visa. Have Just Been Laid Off. What about the 60-Day Rule?

I am on an H-1B Visa. Have Just Been Laid Off. What about the 60-Day Rule? For persons in the United States on H-1B status who have recently been laid off or are concerned about their future employment, this set of Questions and Answers addresses these issues. Please note, however, that this is general information and is not intended to

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What Employers Must Do Now That H-1B Registration Is Closed

As the H-1B cap registration window is closed, most employers are focused on one outcome: selection. That is understandable, but incomplete. At this stage of the process, the more consequential question is not whether a registration will be selected, but whether the case is positioned to survive adjudication once it is selected. In today’s environment, the period between the close

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H-1B Registration Compliance: Avoiding Disqualification in a Heightened Enforcement Environment

As the H-1B cap registration window opens each March, many employers focus primarily on one question: Will our candidate be selected? Increasingly, however, the more important question is this: Will our registration withstand USCIS scrutiny? In recent years, the H-1B registration system has evolved from a simple lottery entry process into a compliance screening mechanism administered by U.S. Citizenship and

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TN Status Is Not a Long-Term Strategy: Preparing for FY 2027 H-1B Cap Season

Given the ongoing uncertainty surrounding U.S.–Canada–Mexico cross-border mobility, employers should reassess whether relying exclusively on TN (USMCA/NAFTA) status remains a prudent long-term workforce strategy. While TN classification offers efficiency and flexibility, it carries structural limitations: With the FY 2027 H-1B cap season approaching, employers with key Canadian and Mexican employees in TN status should strongly consider pursuing H-1B registration as

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