Dear Clients and Colleagues,
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:
Massachusetts Federal Court Strikes Down $100,000 H-1B Supplemental Fee Policy
In a major victory for U.S. employers, foreign workers, and the business community, a federal district court in Massachusetts has vacated the federal government's controversial policy implementing President Trump's September 19, 2025 Proclamation that imposed a $100,000 supplemental payment requirement on certain H-1B petitions.
In State of California et al. v. Mullin et al., U.S. District Judge Leo T. Sorokin granted summary judgment in favor of the plaintiffs and held that the government's implementation of the policy was unlawful. The court denied the government's cross-motion for summary judgment and rejected most of the government's motion to dismiss the case.
Background:
On September 19, 2025, President Trump issued a proclamation that sought to impose a substantial financial burden on certain employers seeking H-1B workers by requiring a supplemental payment of $100,000 in addition to existing government filing fees. The policy generated immediate concern throughout the business and immigration communities, particularly among technology companies, healthcare organizations, consulting firms, engineering employers, universities, and small businesses that rely on highly skilled foreign professionals.
Critics argued that the fee exceeded the executive branch's authority, effectively created a new tax without congressional approval, and threatened to significantly disrupt the H-1B program by making sponsorship prohibitively expensive for many employers.
Court's Decision:
The Massachusetts federal court agreed with the plaintiffs and concluded that the government's implementation of the proclamation could not stand under applicable law. As a result, the court vacated the policy in its entirety.
The decision means that the government may no longer enforce the $100,000 supplemental payment requirement under the challenged policy, absent further court action or legislative authorization.
Impact on Employers and H-1B Workers:
The ruling is expected to provide immediate relief to employers that were facing the prospect of paying extraordinarily high costs to sponsor foreign professionals. Employers who delayed hiring decisions, H-1B transfers, amendments, extensions, or new sponsorship opportunities because of the policy may now be able to move forward with greater certainty.
The decision is particularly significant for small and mid-sized businesses that could not absorb an additional $100,000 government-imposed payment for each qualifying H-1B petition.
Foreign nationals seeking employment in the United States may also benefit from the ruling, as employers are likely to be more willing to sponsor qualified workers without the threat of the substantial supplemental payment.
What Happens Next?
Although the district court has vacated the policy, the federal government may appeal the decision to the U.S. Court of Appeals. Therefore, employers and foreign nationals should continue to monitor developments closely.
For now, however, the ruling represents one of the most significant judicial setbacks to recent efforts aimed at restricting access to the H-1B program through executive action.
Our View:
The court's decision reaffirms an important principle of immigration law: major changes to immigration fees and eligibility requirements generally require clear statutory authority from Congress. While the executive branch has broad authority to administer immigration programs, courts remain willing to intervene when agencies exceed the limits of that authority.
Employers that postponed H-1B filings or strategic workforce planning because of the $100,000 fee requirement should consult with experienced immigration counsel to evaluate how this decision may affect their hiring and immigration strategies going forward.
The Law Offices of Keshab Raj Seadie, P.C. will continue to monitor this litigation and provide updates as additional information becomes available.
Adjustment of Status Interviews Showing Increased Scrutiny After May 22 USCIS Policy Memo
Since USCIS issued Policy Memorandum PM-602-0199 on May 22, 2026, immigration attorneys across the country have been closely monitoring adjustment of status (AOS) interviews for signs of how the agency is implementing its new guidance emphasizing that adjustment of status is an “extraordinary” discretionary benefit.
Based on reports shared by practitioners nationwide, some USCIS field offices appear to be conducting more detailed questioning during adjustment interviews, particularly in cases involving prior status violations, unlawful presence, or other discretionary concerns.
Attorneys have reported officers asking questions such as:
- Why did you overstay your visa?
- Why did you choose adjustment of status rather than consular processing?
- Are there any circumstances preventing you from pursuing immigrant visa processing abroad?
- What equities support granting adjustment of status in your case?
- What ties do you have to the United States?
The reported questioning appears consistent with the May 22 policy memorandum, which instructs officers to evaluate whether applicants merit a favorable exercise of discretion before granting permanent residence.
At the same time, many practitioners report that other field offices continue to conduct interviews in a manner largely unchanged from prior practice. Numerous applicants continue to receive approvals without any discussion of the May 22 memorandum or adjustment-of-status discretion issues.
There are also reports of discretionary denials following Requests for Evidence (RFEs) in cases involving status violations, unauthorized employment, or other adverse factors. However, it remains unclear whether such denials represent a significant policy shift or merely reflect the normal exercise of adjudicative discretion.
Because implementation appears to vary among field offices, applicants should be prepared for increased questioning regarding immigration history, status compliance, and the reasons adjustment of status is appropriate in their particular case.
Individuals with prior immigration violations or complex factual histories should consider consulting experienced immigration counsel before attending adjustment interviews.
As USCIS continues implementing the May 22 policy memorandum, practitioners will be watching closely to determine whether these anecdotal reports develop into a nationwide trend.
State Department Introduces $750 Premium Fee for Expedited B-1/B-2 Visa Interviews
The U.S. Department of State (DOS) has issued a Temporary Final Rule establishing a new $750 expedited interview appointment fee for certain B-1/B-2 visitor visa applicants seeking faster access to visa interviews at participating U.S. embassies and consulates worldwide.
The new program will take effect on July 1, 2026, and remain in place through December 31, 2026.
What Is Changing?
Under the temporary rule, eligible applicants who pay the additional $750 fee will be able to obtain a B-1/B-2 visa interview appointment within ten business days at selected U.S. consular posts participating in the program.
The expedited appointment fee is separate from and in addition to the standard Machine Readable Visa (MRV) application fee already required for B-1/B-2 visa applicants.
According to DOS, the initiative is designed to provide an optional premium service for travelers with urgent business or personal travel needs while helping consular posts manage growing demand for visitor visa appointments.
Who May Benefit?
The program may be particularly attractive to:
- Business travelers needing to attend meetings, conferences, or negotiations in the United States;
- Investors exploring business opportunities;
- Individuals traveling for urgent family matters;
- Tourists facing lengthy interview wait times at their local consulate;
- Travelers whose plans cannot accommodate standard appointment backlogs.
Applicants who do not wish to pay the additional fee may continue to use the regular visa appointment process without any changes.
Not Available at Every Consulate:
The expedited appointment service will only be offered at selected U.S. embassies and consulates designated by the Department of State.
DOS has indicated that participating posts will make appointments available within ten business days, although visa issuance itself will still depend on normal adjudication procedures, security clearances, and administrative processing requirements.
Importantly, payment of the expedited appointment fee does not guarantee visa approval.
Applicants must still establish eligibility for a B-1/B-2 visa and overcome the presumption of immigrant intent under Section 214(b) of the Immigration and Nationality Act.
Potential Impact on Visa Processing:
The new premium appointment option represents a significant change in how nonimmigrant visa interviews may be scheduled.
Supporters argue that the fee-based service could:
- Improve access for urgent travelers;
- Generate additional resources for consular operations;
- Reduce pressure on existing appointment backlogs.
Critics, however, may question whether the program creates a two-tiered visa system in which applicants with greater financial resources receive faster access to interview appointments.
Public Comments Requested:
Although the rule takes effect on July 1, 2026, the Department of State is accepting public comments through July 9, 2026.
The agency will review submitted comments while the temporary program remains in operation through the end of 2026.
What Applicants Should Know:
Applicants considering the expedited option should remember:
- The $750 fee is in addition to regular visa application fees.
- The fee only expedites the interview appointment, not visa adjudication.
- Visa approval is never guaranteed.
- Administrative processing and security checks may still delay visa issuance.
- Availability will depend on whether a particular embassy or consulate participates in the program.
Looking Ahead:
The introduction of a premium processing-style option for visitor visa interviews marks one of the most significant changes to consular processing in recent years. Immigration practitioners, business travelers, and international visitors will be watching closely to determine whether the program reduces wait times and whether DOS ultimately makes the expedited appointment service permanent after December 31, 2026.
For travelers facing urgent U.S. business or personal travel needs, the new expedited interview program may offer a valuable—albeit costly—alternative to lengthy visa appointment backlogs.
Practice Alert: Individuals planning business or tourist travel to the United States in late 2026 should evaluate whether the additional $750 fee is justified based on existing interview wait times at their local U.S. embassy or consulate. In many locations, standard appointment availability may remain sufficient without the added expense.
June 2026 Visa Bulletin: Major Retrogression for India EB-1 and EB-2 Categories
The U.S. Department of State has released the June 2026 Visa Bulletin, bringing significant developments for both family-based and employment-based immigrants. While family-sponsored categories continue to show gradual forward movement, employment-based applicants from India face substantial retrogression and increased visa availability concerns.
Employment-Based Immigration: India Faces Significant Setbacks
The most important development in the June Visa Bulletin is the retrogression of the EB-1 and EB-2 India categories.
- EB-1 India retrogressed from April 1, 2023, to December 15, 2022, a setback of approximately three and a half months.
- EB-2 India retrogressed dramatically from July 15, 2014, to September 1, 2013, moving backward by nearly eleven months.
The Department of State has confirmed that annual visa limits for the EB-2 India category have already been reached for Fiscal Year 2026. As a result, no further immigrant visas or adjustment of status approvals can be issued in this category until new visa numbers become available at the start of Fiscal Year 2027 on October 1, 2026.
In addition, on June 10, 2026, the Department of State announced that the annual limit for EB-5 India has also been reached.
Limited Forward Movement in EB-3:
Despite the retrogression in EB-1 and EB-2 India, there was modest advancement in the EB-3 category:
- EB-3 India advanced from November 15, 2013, to December 15, 2013.
- EB-3 Other Workers India also advanced by one month to December 15, 2013.
- China experienced modest advancement in both EB-3 categories.
The Employment-Based Dates for Filing Chart remained unchanged from May 2026.
Warning: Further Retrogression Possible:
The Department of State has issued a warning that additional retrogression or even category unavailability may occur before the end of Fiscal Year 2026 due to high demand and annual visa number limitations.
Categories identified as particularly vulnerable include:
- EB-1 India
- EB-2 India
- EB-2 China
- EB-3 Philippines
- EB-5 Unreserved India
Applicants with current or near-current priority dates should consider filing as soon as they become eligible rather than waiting, as visa availability may worsen during the remainder of the fiscal year.
Family-Based Immigration Continues to Advance:
Family-based immigration categories generally experienced positive movement.
Highlights include:
- F2A advanced approximately five months across most countries.
- F2B advanced approximately four months in the Final Action Dates chart for Worldwide, China, and India.
- F4 advanced nearly two months for Worldwide and China.
- Mexico's F1 category advanced almost three months.
USCIS confirmed that adjustment of status applicants in family-sponsored categories may continue using the Dates for Filing Chart during June 2026.
Adjustment of Status Filing Guidance:
For June 2026:
- Family-Based Applicants: Use the Dates for Filing Chart.
- Employment-Based Applicants: Use the Final Action Dates Chart.
Applicants should carefully review the applicable chart before filing adjustment of status applications.
Diversity Visa (DV-2026) Update:
Diversity Visa numbers remain available for all geographic regions. Nepal's DV-2026 cut-off increased from 11,000 in June to 13,000 for July 2026. All DV-2026 immigrant visas must be issued by September 30, 2026, as unused visa numbers cannot be carried forward.
Takeaway:
The June 2026 Visa Bulletin reflects growing demand across employment-based categories and highlights the increasing pressure on annual visa allocations. Indian nationals in the EB-1, EB-2, and EB-5 categories are particularly affected, with retrogression and category closures signaling continued challenges through the remainder of Fiscal Year 2026. Individuals with eligible priority dates should act promptly and consult experienced immigration counsel to maximize available filing opportunities before additional retrogression occurs.
Department of State Announces EB-5 Unreserved Visa Numbers for India Exhausted for Fiscal Year 2026
The U.S. Department of State (DOS) has announced that all available immigrant visa numbers in the EB-5 Unreserved category for applicants chargeable to India have been exhausted for Fiscal Year 2026.
As a result, U.S. embassies and consulates can no longer issue immigrant visas in the EB-5 Unreserved category to Indian nationals for the remainder of the current fiscal year, which ends on September 30, 2026.
The annual allocation of immigrant visas will reset at the beginning of Fiscal Year 2027 on October 1, 2026, at which time embassies and consulates may resume visa issuance in the EB-5 Unreserved category, subject to visa availability and applicable priority dates.
What Does This Mean for Indian EB-5 Investors?
The exhaustion of visa numbers affects Indian nationals seeking immigrant visas through the traditional EB-5 Unreserved program, which includes investments not set aside under the Rural, High-Unemployment, or Infrastructure project categories created by the EB-5 Reform and Integrity Act of 2022.
Applicants whose immigrant visa interviews have not yet occurred may face delays until new visa numbers become available in October.
Similarly, adjustment of status applicants in the United States may experience delays in final adjudication if visa numbers remain unavailable.
Growing Demand Continues to Impact India:
The announcement follows the Department of State's earlier determination that the annual limit for the EB-2 India category had already been reached for Fiscal Year 2026. Together, these developments highlight the continuing demand from Indian applicants across employment-based immigrant visa categories.
The June 2026 Visa Bulletin had already warned that the EB-5 Unreserved India category faced possible retrogression or unavailability due to increasing demand and the approaching exhaustion of annual visa numbers.
Reserved EB-5 Categories Remain Available:
Importantly, the exhaustion applies only to the EB-5 Unreserved category. Investors pursuing projects that qualify under the reserved visa categories—such as Rural, High-Unemployment Area (HUA), or Infrastructure projects—may continue to benefit from separate visa allocations established by Congress.
Many immigration practitioners expect continued interest in these reserved categories because they currently offer shorter waiting periods and dedicated visa numbers.
Looking Ahead:
Indian nationals considering EB-5 investment should closely monitor future Visa Bulletins and Department of State announcements. With visa demand remaining exceptionally strong, investors should evaluate filing strategies carefully and seek qualified legal advice regarding project selection, priority dates, and visa availability.
The Department of State is expected to resume issuing EB-5 Unreserved immigrant visas for Indian applicants when Fiscal Year 2027 begins on October 1, 2026, and a new annual allocation of immigrant visa numbers becomes available.
USCIS Online Accounts Showing “No Name” Notices to Appear: Practitioners Report Widespread System Glitch
Immigration attorneys across the United States are reporting a growing number of unusual Notices to Appear (NTAs) appearing in clients' myUSCIS online accounts without any applicant name listed on the document.
The issue has generated significant concern among applicants and practitioners because an NTA is the charging document that initiates removal proceedings before the Immigration Court.
According to numerous reports from immigration attorneys, the unnamed NTAs appear in online USCIS accounts but contain incomplete identifying information, causing confusion regarding whether the document was intended for a particular applicant or was generated in error.
At this time, many practitioners believe the issue is likely a system or document-generation glitch affecting USCIS online accounts rather than evidence that removal proceedings have actually been initiated against all affected individuals.
No formal USCIS announcement has yet been issued addressing the reports. As a result, attorneys are advising affected applicants to remain calm while carefully monitoring their USCIS accounts and consulting counsel regarding any unusual notices.
Applicants who discover a name-less NTA or any unfamiliar document in their myUSCIS account should:
- Download and save a copy of the notice.
- Verify whether the document contains a valid A-Number or receipt number.
- Contact qualified immigration counsel immediately.
- Continue monitoring their USCIS account for updates or corrections.
- Avoid assuming that removal proceedings have been initiated until the notice is independently verified.
Given the widespread nature of the reports, many practitioners believe USCIS may eventually clarify the issue or correct the affected notices.
Until further guidance is issued, applicants should review all USCIS correspondence carefully but avoid unnecessary panic regarding unnamed notices appearing in their online accounts.
Reports Suggest State Department May Consolidate Visa Processing at 20 African Visa Hubs
According to a recent report by the Associated Press (AP), the U.S. Department of State (DOS) is considering a significant restructuring of visa operations throughout Africa that could dramatically reduce the number of embassies and consulates processing U.S. visa applications on the continent.
The AP reported that during a May 29, 2026 conference call with Foreign Service personnel, DOS officials discussed plans to consolidate visa processing into approximately 20 regional hubs, down from roughly 50 U.S. diplomatic posts in Africa that currently provide visa services.
If implemented, the change would represent one of the most significant reorganizations of consular operations in Africa in recent decades.
Proposed Visa Processing Hubs:
Under the reported plan, immigrant and nonimmigrant visa processing would be concentrated at the following 20 locations:
- Abidjan, Côte d'Ivoire
- Accra, Ghana
- Addis Ababa, Ethiopia
- Cape Town, South Africa
- Dakar, Senegal
- Dar es Salaam, Tanzania
- Djibouti, Djibouti
- Johannesburg, South Africa
- Kampala, Uganda
- Kigali, Rwanda
- Kinshasa, Democratic Republic of Congo
- Lagos, Nigeria
- Lomé, Togo
- Luanda, Angola
- Malabo, Equatorial Guinea
- Monrovia, Liberia
- Nairobi, Kenya
- Port Louis, Mauritius
- Praia, Cape Verde
- Yaoundé, Cameroon
Applicants residing in countries without designated visa-processing hubs could potentially be required to travel to another country for visa interviews and adjudication.
Limited Services Expected at Non-Hub Posts:
According to the AP report, embassies and consulates that are not selected as visa-processing hubs would remain operational but would offer only limited consular services.
These services could include:
- U.S. passport renewals and citizen services;
- Emergency assistance for U.S. citizens;
- Diplomatic and official visa processing;
- Certain national-interest or emergency cases.
Routine immigrant and nonimmigrant visa processing would reportedly be transferred to the designated regional hubs.
State Department Has Not Officially Confirmed the Plan;
The Department of State has not formally confirmed the reported restructuring.
In response to inquiries, DOS stated that it is “constantly evaluating its overseas operations in order to deploy taxpayer resources in a way that advances America's priorities as efficiently and effectively as possible.”
Notably, many immigration practitioners have pointed out that consular operations are largely funded through visa application fees rather than direct congressional appropriations, raising questions about the financial rationale for such extensive consolidation.
Potential Impact on Visa Applicants:
If implemented, the proposed changes could have significant consequences for visa applicants throughout Africa.
Potential impacts may include:
- Increased travel costs for visa interviews;
- Longer wait times at designated hub locations;
- Greater demand and workload at remaining processing posts;
- Additional logistical challenges for family-based and employment-based immigrant visa applicants;
- Delays in nonimmigrant visa issuance for business travelers, students, and visitors.
Employment-based immigrants, diversity visa applicants, family-sponsored immigrants, students, and temporary workers could all be affected by the changes.
What Applicants Should Do:
At this time, no official policy change has been announced, and visa processing continues under current procedures. Applicants with pending cases should continue to follow instructions from the National Visa Center (NVC) and the U.S. embassy or consulate handling their case.
However, individuals planning future immigrant or nonimmigrant visa applications in Africa should closely monitor Department of State announcements and be prepared for possible changes in interview locations and processing procedures.
Looking Ahead:
If the reported plan moves forward, it could fundamentally reshape U.S. visa processing throughout Africa and affect hundreds of thousands of visa applicants annually. Immigration attorneys and advocacy groups are expected to closely monitor developments and seek clarification regarding implementation timelines, case transfers, and accommodations for affected applicants.
Until an official announcement is made, the proposal remains an unconfirmed but closely watched development in U.S. consular processing policy.
Federal Court Blocks USCIS Travel Ban Adjudication Policies Nationwide
In a significant setback for the Trump Administration's immigration enforcement agenda, a federal district court in Rhode Island has declared unlawful and vacated several USCIS policies that effectively halted or delayed immigration benefits processing for nationals of countries subject to the current travel ban.
The ruling, issued by U.S. District Judge John J. McConnell, Jr., invalidates multiple USCIS directives that had imposed additional restrictions on foreign nationals from approximately 40 countries and territories covered by the administration's travel ban policies.
Court Strikes Down Four USCIS Policies:
The court's decision vacates four major USCIS policies that required immigration officers to:
- Suspend adjudication of immigration benefit applications filed by or on behalf of individuals from travel ban countries;
- Treat an applicant's nationality from a travel ban country as a negative discretionary factor when evaluating immigration benefits requiring favorable discretion;
- Re-review previously approved immigration benefits granted on or after January 20, 2021 involving nationals from travel ban jurisdictions; and
- Suspend adjudication of asylum applications involving affected foreign nationals.
According to the court, these policies violated the Administrative Procedure Act (APA), which governs how federal agencies develop and implement regulations and policies. As a result, the policies have been set aside and may no longer be enforced.
Nationwide Impact Expected:
Although the lawsuit was filed by a coalition of nonprofit organizations and labor unions, immigration practitioners expect the ruling to have nationwide effect.
The decision is not limited to the specific plaintiffs involved in the litigation and is expected to apply broadly to all pending immigration cases affected by the challenged USCIS policies.
If the ruling remains in effect, USCIS may be required to resume normal processing of immigration benefit applications involving nationals from travel ban countries, including employment-based petitions, family-based applications, humanitarian requests, adjustment of status applications, and asylum cases.
Major Relief for Affected Applicants:
For many foreign nationals, the challenged policies created lengthy delays and uncertainty. Applicants often found their cases placed on hold indefinitely or subjected to heightened scrutiny solely because of their country of nationality.
The court's decision removes a significant obstacle for thousands of individuals seeking lawful immigration benefits in the United States.
Employers sponsoring foreign workers, family members petitioning for relatives, and humanitarian applicants may all benefit from the ruling if USCIS resumes adjudications without regard to the now-vacated policies.
What Happens Next?
The Trump Administration is widely expected to appeal the ruling to the U.S. Court of Appeals and may seek an emergency stay that would temporarily restore the challenged policies while the appeal is pending.
As a result, the legal landscape remains fluid, and affected applicants should continue to monitor developments closely.
Until a higher court intervenes, however, the Rhode Island court's decision represents a major victory for immigration advocates and for foreign nationals whose applications were delayed or negatively affected by the travel ban-related USCIS directives.
Practical Guidance for Applicants:
Individuals from travel ban countries who have pending immigration applications should consult with experienced immigration counsel to determine whether their cases may now move forward. Applicants who previously received notices indicating that their cases were being held or delayed because of travel ban-related policies may wish to request case updates and monitor USCIS processing activity closely.
Employers with pending H-1B, L-1, O-1, EB-1, EB-2, EB-3, or other immigration filings involving affected foreign nationals should also review their pending matters to assess whether this decision may improve adjudication timelines.
Our View:
This decision reinforces the principle that federal immigration agencies must operate within the bounds of statutory authority and established administrative law procedures. While the executive branch retains significant authority over immigration policy, courts continue to scrutinize agency actions that impose broad restrictions without proper legal justification.
The Law Offices of Keshab Raj Seadie, P.C. will continue monitoring this litigation and provide updates regarding any appeal, stay request, or further guidance affecting applicants from travel ban jurisdictions.
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.
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