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Category: Employment Visas

New Executive Orders Target “Birth Tourism” and Narrow Birthright Citizenship: What Nonimmigrant Visa Holders Should Know

On August 6, 2026, President Trump signed two executive orders, Ending Birth Tourism and Continuing to Protect the Meaning and Value of American Citizenship, in the administration’s second attempt to restrict access to U.S. citizenship by birth, five weeks after the Supreme Court struck down its original 2025 order on this subject. Because our practice serves many clients on H-1B,

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Donald Smith 08/07/2026

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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Donald Smith 06/18/2026

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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Donald Smith 06/02/2026

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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Donald Smith 05/22/2026

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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Donald Smith 05/06/2026

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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Donald Smith 03/23/2026

March 2026 Visa Bulletin: Meaningful Movement in Employment-Based Categories

The March 2026 Visa Bulletin shows stronger forward movement than February — particularly in key employment-based categories. Here’s what changed: 🔹 EB-1 (India & China) – Advanced forward from prior February cutoffs.🔹 EB-2 (Rest of World) – Now current. A significant jump.🔹 EB-2 (India) – Substantial advancement.🔹 EB-3 (Rest of World/Mexico/Philippines) – Continued forward movement.🔹 EB-4 – Notable advancement compared

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Donald Smith 02/20/2026

H-1B Cap Season: What Employers Should Be Doing Before Registration Opens

Each year, employers focus closely on the March H-1B registration window. By then, however, many of the most important decisions and mistakes have already been made. Successful H-1B cap filings are rarely the result of last-minute preparation. They are the product of careful planning that begins well before registration opens. Why February Matters February is the final opportunity for employers

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Donald Smith 02/04/2026

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The employers’ step-by-step guide to

THE H1-B PROCESS

FY2024

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