We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
June 2026 Visa Bulletin: EB-2 India Retrogresses Over 10 Months; EB-1 India Slides; EB-3 India and China Edge Forward
The U.S. Department of State has released the June 2026 Visa Bulletin, bringing significant setbacks for India-born employment-based applicants alongside modest gains in EB-3. The headline development is a sharp retrogression in EB-2 India, where the Final Action cutoff moves backward by more than ten months to September 1, 2013. EB-2 China holds steady at September 1, 2021, while all other countries remain current. EB-1 India also retrogresses, sliding three and a half months to December 15, 2022. EB-1 China remains at April 1, 2023, with all other countries current. In contrast, EB-3 Professionals and Skilled Workers brought modest forward movement: India advances by one month to December 15, 2013, and China moves up six weeks to August 1, 2021. The Philippines stays at August 1, 2023, and the remaining countries hold at June 1, 2024. For EB-5, the unreserved categories remain unchanged—China at September 22, 2016, and India at May 1, 2022, with all other countries current. The set-aside categories (Rural, High Unemployment, and Infrastructure) remain current across the board. The Dates for Filing chart is unchanged for all countries and categories in June. USCIS is expected to announce on its Visa Bulletin page in the coming days whether adjustment of status applications in June will be accepted under the Final Action Dates chart or the Dates for Filing chart. What This Means for Our Clients: The EB-2 India retrogression is the most consequential development of the month, particularly for skilled professionals and recent I-140 approvals who had been monitoring forward movement. Affected beneficiaries should consult with our office regarding downgrade strategies to EB-3, which continues to advance for India, as well as interfiling options if an I-485 is already pending. EB-1 India retrogression also signals continued demand pressure in the highest preference category.PERM Timing Critical For H-1B Holders Seeking Extensions Beyond Six Years
Many H-1B professionals and employers are underestimating how early the PERM labor certification process should begin in today’s immigration environment. With current Department of Labor (DOL) processing delays, employers should ideally begin the PERM process by the employee’s third or fourth year in H-1B status to avoid problems extending H-1B status beyond the six-year limit. In many cases, employers now spend approximately six months preparing and filing a PERM case due to prevailing wage processing times, recruitment requirements, and internal documentation review. After filing, PERM applications may take approximately one and a half years or longer for adjudication by the DOL. Under the American Competitiveness in the Twenty-First Century Act (AC21), if the PERM or I-140 petition has been pending for at least 365 days before the end of the sixth year of H-1B status, the employee may qualify for one-year H-1B extensions beyond the six-year limit. Once the I-140 immigrant petition is approved, many H-1B workers may qualify for three-year H-1B extensions if their immigrant visa category is not yet current under the Visa Bulletin. This is particularly important for Indian- and Chinese-born professionals facing long immigrant visa backlogs in the EB-2 and EB-3 categories. Employers should therefore monitor priority dates carefully and avoid delaying the green card process. Foreign nationals should also remember that, in many employment-based categories, adjustment of status (Form I-485) should generally be filed within one year of visa availability to preserve the validity of the approved I-140 petition and avoid potential revocation concerns. Early strategic planning is now more important than ever for employers and H-1B professionals navigating the employment-based green card process.EB-5 Investor Program May Offer Faster Green Card Option for Indian & Chinese Nationals
For many Indian and Chinese nationals facing extremely long wait times in the EB-2 and EB-3 employment-based green card categories, the EB-5 Immigrant Investor Program may provide an alternative path to permanent residence in the United States. Particularly through rural or targeted employment area (TEA) projects, some EB-5 categories may offer significantly faster immigrant visa availability compared to traditional employment-based backlogs. However, selecting the right EB-5 project is critical. Investors should carefully evaluate whether the regional center and project are legitimate, financially viable, and compliant with USCIS requirements. The source of funds documentation is also one of the most important and challenging parts of an EB-5 case. USCIS requires detailed evidence showing the lawful path of the investment funds, including tax records, business documents, inheritance records, property sale documentation, gift deeds, banking records, and fund tracing. While the EB-5 process may appear straightforward, it is often legally and financially complex. Poor project selection or improperly documented sources of funds can place both the investment and immigration process at risk. Experienced legal guidance and proper due diligence are essential to safely navigate the process and maximize the chances of obtaining permanent residence for the investor and qualifying family members. Our office assists investors in evaluating EB-5 options, reviewing project documentation, and preparing comprehensive source-of-funds presentations to help clients pursue their green card goals safely and strategically.Understanding The Stokes Interview in Marriage-Based Green Card Cases
A Stokes interview is a second, more detailed marriage-based green card interview conducted by USCIS when the officer has concerns about whether the marriage is genuine and entered into in good faith. During a Stokes interview, the husband and wife are typically separated and questioned individually about their relationship, daily life, finances, family, home, routines, and personal history. USCIS then compares the answers to identify inconsistencies. Importantly, receiving a Stokes interview does not automatically mean the marriage is fraudulent. Even many genuine couples are scheduled for Stokes interviews due to factors such as short courtships, large age differences, cultural or language barriers, prior immigration filings, inconsistent documents, limited cohabitation evidence, nervousness during the first interview, social media discrepancies, prior visa overstays, or simple misunderstandings during the initial interview. To prepare properly, couples should carefully review their entire relationship history together before the interview, including dates of first meeting, engagement, wedding, trips, addresses, employment history, finances, family interactions, and important life events. Couples should also organize strong documentary evidence showing a shared life together, such as joint leases, joint bank accounts, insurance policies, tax returns, utility bills, photographs over time, travel records, text messages, call logs, children’s records, and affidavits from friends and relatives. During the interview, honesty and consistency are critical. Applicants should never guess or memorize scripted answers. Genuine couples may not remember every small detail exactly the same way, and minor differences are normal. However, major contradictions about living arrangements, finances, routines, or the development of the relationship can create serious problems. Couples should listen carefully, answer truthfully, remain calm, and avoid arguing with the officer or each other. Experienced legal representation can play an important role in preparing for a Stokes interview, reviewing potential problem areas beforehand, organizing evidence properly, and helping the couple understand the process and their legal rights. In many cases, careful preparation and credible documentation can successfully demonstrate that the marriage is bona fide even when USCIS has concerns.DHS Announces New Consequences for Unpaid Asylum Fees Under H.R. 1 Reconciliation Act
The Department of Homeland Security (DHS) has announced an interim final rule implementing new immigration-related fees and compliance requirements authorized under the H.R. 1 Reconciliation Act of 2025, also referred to as the “One Big Beautiful Bill Act.” The rule introduces additional financial obligations and enforcement measures affecting certain asylum applicants and other immigration benefit seekers. According to DHS, asylum applicants who fail to pay newly imposed annual asylum-related fees may face serious consequences, including delays in processing, denial of certain immigration benefits, possible termination of employment authorization, and other adverse immigration actions. The new rule reflects the federal government’s increasing focus on fee collection, benefit compliance, and stricter monitoring of pending immigration cases. The interim final rule is expected to significantly impact asylum applicants with long-pending cases, especially individuals relying on employment authorization while waiting for adjudication. Applicants and their attorneys should carefully review all fee notices, filing deadlines, and renewal requirements to avoid interruptions in work authorization or immigration status benefits. Immigration practitioners are also warning that the new requirements may create additional hardships for lower-income applicants and could increase litigation challenging the implementation of certain fee provisions. Individuals with pending asylum applications should consult experienced immigration counsel to ensure compliance with the new DHS requirements and to avoid unintended immigration consequences.Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
