DHS – Duane Morris Immigration Law

May 20, 2026May 20, 2026 by Valentine A. Brown

The B-2 “Bridge” Is Collapsing: What Employers and H-1B Workers Need to Know About USCIS’s New Approach to Change-of-Status Filings

For years, a foreign national who lost H-1B employment could file a change of status to B-2 visitor within the 60-day grace period, stay in the United States while searching for a new job, and then transition back to H-1B status with a new employer. Immigration counsel, HR departments, and workers alike relied on this strategy — and on published USCIS guidance that explicitly stated job searching and attending interviews were permissible B-1/B-2 activities. That world has changed dramatically.

Since late 2025 and into 2026, USCIS has been issuing aggressive Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and outright denials on these B-2 change-of-status applications at a rate that immigration practitioners describe as a stark departure from prior practice. The downstream consequences — including the potential for a $100,000 consular processing fee, accrual of unlawful presence, and even the initiation of removal proceedings — make this an issue that every employer sponsoring H-1B workers and every foreign national in the H-1B pipeline must understand.

This post is for HR professionals evaluating candidates who may be in a “B-2 bridge” posture, for immigration program managers building hiring timelines, and for H-1B workers who have been terminated and are weighing their options. Below, we explain what has changed, why it matters, and what both sides should do now.

Continue reading “The B-2 “Bridge” Is Collapsing: What Employers and H-1B Workers Need to Know About USCIS’s New Approach to Change-of-Status Filings”

May 13, 2026May 13, 2026 by Valentine A. Brown

USCIS Enhanced Security Vetting: New Fingerprint-Based Background Check Process Places many USCIS Applications on Temporary Hold

U.S. Citizenship and Immigration Services (USCIS) recently implemented a sweeping new security vetting process that has effectively paused adjudications across a wide range of immigration case types. Employers and their foreign national employees should understand what this means for pending and future applications, and how to plan accordingly.

What Happened

Beginning April 27, USCIS field and asylum offices across the country began notifying applicants and attorneys that adjudications were subject to a hold while the agency rolls out enhanced fingerprint-based background checks. The change stems from Executive Order 14385, signed February 6, 2026, which directs federal criminal justice agencies to share criminal history record information with the Department of Homeland Security to the full extent permitted by law. In response, the FBI granted USCIS expanded access to its criminal history databases, triggering a requirement that pending cases undergo re-vetting under the new system.

Under the updated protocol, USCIS must resubmit fingerprint information for most pending applications in which biometrics were collected prior to April 27, 2026. In most cases, USCIS will use fingerprints already on file rather than requiring applicants to attend new Application Support Center appointments. Already-scheduled interviews are expected to proceed; however, the issuance of final approvals is largely paused until the new checks are completed.

Continue reading “USCIS Enhanced Security Vetting: New Fingerprint-Based Background Check Process Places many USCIS Applications on Temporary Hold”

April 8, 2026April 8, 2026 by Valentine A. Brown

USCIS Provides Update on Adjudication Holds: What Foreign Nationals and Employers Need to Know

On March 30, 2026, U.S. Citizenship and Immigration Services (USCIS) published an alert providing an important update on the status of adjudication holds that have affected hundreds of thousands of pending immigration applications. If you or your employees have been waiting on a case decision, here is what you need to know.

What Happened?

Over the past year, USCIS placed holds on the processing of several categories of immigration applications as part of a broader effort to strengthen screening and vetting procedures. These holds were implemented through a series of internal policy memoranda — including PM-602-0192 and PM-602-0194 — and affected asylum applications, benefit requests from individuals born in designated high-risk countries, and diversity visa adjustment of status cases. The holds meant that many applicants — and their sponsoring employers — experienced significant delays with no clear timeline for resolution.

What’s Changing?

The good news is that USCIS has begun selectively lifting holds on certain categories of cases. According to the March 30 alert, holds have been lifted for several groups, including petitions filed by U.S. citizens, intercountry adoption filings, certain special immigrant visa petitions, certain employment authorization document (EAD) applications, and asylum applications from individuals who are not from designated high-risk countries. USCIS also noted that cases reviewed through its enhanced background check program, known as Operation PARRIS, are being cleared for adjudication.

However, this is not a blanket resumption of processing. USCIS emphasized that it is reviewing cases on both an individual and group basis and will continue lifting holds as it deems appropriate. Many cases — particularly those involving applicants from the 39 countries identified under Executive Order 14161 as having inadequate screening and vetting standards — may remain on hold for the foreseeable future.

A Note for Asylum Applicants

While USCIS has lifted holds on asylum applications filed by individuals from non-high-risk countries, asylum applicants who are nationals of the 39 countries covered by Presidential Proclamations 10949 and 10998 should be aware that the travel ban and associated adjudication holds remain firmly in effect. These 39 countries are divided into two categories. The 19 countries subject to a full suspension of entry — meaning both immigrant and nonimmigrant visa entry is barred — are: Afghanistan, Burkina Faso, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen. Individuals traveling on Palestinian Authority-issued documents are also subject to the full suspension. The 20 countries subject to a partial suspension — barring immigrant visa entry and certain nonimmigrant visa categories — are: Angola, Antigua and Barbuda, Benin, Burundi, Côte d’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Turkmenistan, Venezuela, Zambia, and Zimbabwe. If you are an asylum applicant from any of these countries, your case likely remains on hold, and you should consult with an immigration attorney to understand your options.

What Should You Do?

For foreign nationals and employers with pending applications, the key takeaway is to stay informed and monitor your case status through the USCIS Case Status Online portal. If you have a pending EAD application and are experiencing delays that affect your ability to work, consult with your immigration attorney about whether your case falls within one of the categories where holds have been lifted. Employers should likewise coordinate with counsel to understand the potential impact on their workforce and to plan accordingly for continued processing delays.

We will continue to monitor developments from USCIS and provide updates as more information becomes available.

April 1, 2026April 8, 2026 by Valentine A. Brown

FY 2027 H-1B Lottery: Why Consistency Between Registration and Petition Filing Matters More Than Ever

The FY 2027 H-1B lottery is complete, and USCIS has notified selected registrants. If you are an employer preparing to file an H-1B petition for a selected candidate — or a foreign national whose registration was selected — you should be aware of a major change that affects how petitions are evaluated this year. The filing window is now open, and getting it right starts with understanding what must remain consistent from registration through petition filing.

A New System: The Wage-Weighted Lottery

Starting with the FY 2027 cap season, USCIS replaced the traditional random H-1B lottery with a wage-weighted selection process. Under the new final rule (effective February 27, 2026), each registration receives a number of entries based on the offered salary’s corresponding wage level — with higher-paid positions receiving more entries and a greater chance of selection. Because wage and work location now directly determine a candidate’s odds in the lottery, the details an employer provides at registration carry real legal weight.

What Must Stay the Same?

USCIS has stated clearly that the H-1B petition “must contain and be supported by the same identifying information and position information as the selected registration.” In practical terms, this means the following should remain consistent from registration through petition filing:

The offered wage and wage level. The salary and the corresponding OEWS (Occupational Employment and Wage Statistics) wage level used to weight the registration must match what appears on the petition and the certified Labor Condition Application (LCA).
The SOC (occupational) code. The job classification should not change.
The work location. The area of intended employment listed at registration should be the same on the LCA and petition.

Petitioners must also submit evidence — such as a printout from the DOL OFLC Wage Search website — showing the basis for the wage level selected as of the date the registration was submitted.

What Happens if the Wage or Location Changes?

USCIS’s new process integrity provisions give the agency explicit authority to scrutinize mismatches between a registration and the later-filed petition. If USCIS determines that an employer inflated a wage level or listed a particular work location to improve selection odds — and then changed the terms after selection — the petition may be denied or revoked. Even a legitimate business change, such as a corporate relocation, can raise red flags if it results in a lower applicable wage level than what was listed at registration.

Practical Steps for Employers

To reduce risk, employers should:

Preserve registration-date wage documentation. Save a copy of the OFLC wage data for the relevant occupation and location as of the registration date.
Document any legitimate changes. If business circumstances genuinely require a change in wage or worksite between registration and filing, prepare a written explanation with supporting evidence and include it with the petition.
Consult immigration counsel early. An experienced attorney can help assess whether a post-registration change poses compliance risk and advise on the best path forward.

A Note for Selected Foreign Nationals

If you were selected in the FY 2027 lottery, the key takeaway is straightforward: your employer should be filing a petition that reflects the same job, salary, and location used in your registration. This consistency requirement is designed to protect the integrity of the process and does not create a new burden on you as the beneficiary. If your employer’s circumstances have changed, encourage them to work with qualified counsel to address any discrepancies before filing.

Stay Informed

With the lottery now complete, the FY 2027 petition filing window is open as of April 1, 2026, and selected petitioners have at least 90 days to file. For the latest guidance, visit the USCIS H-1B Cap Season page and the H-1B Electronic Registration Process page.

This post is for informational purposes only and does not constitute legal advice. Immigration rules are complex and change frequently. If you have questions about your specific situation, we strongly encourage you to consult a Duane Morris immigration attorney.

October 30, 2025 by Ted J. Chiappari

DHS to End Automatic Extensions of Employment Authorization Documents Effective October 30

The U.S. Department of Homeland Security (DHS), through U.S. Citizenship and Immigration Services (USCIS), has issued an interim final rule eliminating the automatic extension of employment authorization documents (EADs) for most noncitizens who timely file renewal applications. This policy change will apply to EAD renewal applications filed on or after October 30, 2025.

Read the full Alert on the Duane Morris website.

September 6, 2024May 14, 2026 by Angela Moore

U.S. Immigration Practice 2024: Noteworthy Developments and Possible Changes Ahead

2024 has seen a plethora of developments impacting U.S. immigration. While many developments represent incremental changes to U.S. immigration practice, particularly concerning conventional business and employment-based immigration, more substantial changes to immigration law are only achievable through congressional legislation and, given the current political climate, such congressional action is unlikely. Nonetheless, here are some of the noteworthy developments in 2024 and possible changes in U.S. immigration practice worth watching for the year to come:

1. State Actions/Proposed Actions

- Workplace Enforcement: In August, the Governor of the state of New Jersey signed a law that will levy penalties of up to $10,000 for employers in the state who disclose — or threaten to disclose — a worker’s immigration status to the government to conceal possible violations of state laws on wages, benefits or taxes. The first offense is $1,000, a second violation can be up to $5,000, and subsequent violations can be up to $10,000. The recovered fees would go to the state Department of Labor.

- Pay Transparency: Following a trend in recent years, additional states have implemented or enacted Pay Transparency laws in 2024. States including, but not limited to, Hawaii, Maryland, Massachusetts, and Minnesota enacted or effectuated pay transparency laws requiring certain employers to disclose additional pay information (such as pay ranges, benefits, and other compensation) on job postings and/or other forms of recruitment. Some state pay transparency laws enacting similar rules passed in 2023, like the amendment to the Illinois Equal Pay Act, are also set to go into effect in 2025. As job postings and recruitment are mandated in certain immigration cases, keeping abreast of pay transparency requirements in different locations is crucial to remain compliant with the law.

Continue reading “U.S. Immigration Practice 2024: Noteworthy Developments and Possible Changes Ahead”

June 18, 2024June 20, 2024 by Valentine A. Brown

Biden Administration Announces New Programs for DACA holders and Undocumented Spouses of US Citizens

On June 18, 2024 the White House announced two new programs to address long standing shortfalls in our current immigration law.

Undocumented spouses of U.S. Citizens, who have lived in the US for 10 years or more, will be eligible for work authorization and a three year path to legal permanent reisdence, commonly know as green card status. Thier minor children will also be eligible to apply. Under current law, these applicants have a 6-10 year path to legal permanent residence, that requires them to return to thier home countries for visa processing, without any guarantee of being able to return to the United States. This new program will eliminate the need for them to leave the United States to adjust to legal permanent resident status.

Under the new program, applicants will apply for Parole in Place (PIP), which if approved will give them legal recognition in the United States and a work permit. Once the applicant’s PIP is approved, the US citizen spouse will be able to follow the normal sponsorship process to obtain legal permanent residence for their spouse and minor children under 21 years old.

DACA recipients who have graduated with a bachelor degree or higher from a U.S. university or college will be eligible to seek legal permanent residence through employment. Under current law, there is no legal pathway for these applicants to seek employment-based green cards due to the fact that they entered the United States illegally as children. This new program will provide these applicants and their employers the opportunity to seek employment-based green cards with the catch that the applicant will need to leave the United States, at the very end of the process, to attend their green card interview at the U.S. consulate in their home country.

Court Challenge Likely: Unfortunately, an immediate court challenge to these programs is likely. A similar, but different program was proposed by the Obama administration in 2014 for the undocumented parents of U.S. citizen children. Under that program, the adminstration proposed to offer “Deferred Action” to undocumented applicants, similar to the DACA program, which is also now under attack in the courts. That program was held up in the courts for years, without ever being implemented, before the Executive Order proposing it was finally rescinded by the Trump Administration. The new program, with it’s offer of PIP rather than Deferred Action, has a stronger likelihood to succeed, based upon the PIP programs for military family members, Ukrainians, Afghans and others.

American Business Immigration Coalition and many other business groups support this proposal. This coalition is a bipartisan group of more than 1400 diverse businesses and business associations located throughout the United States. For years, it has been advocating for work permits for long-time undocumented immigrants in the United States. As the coalition states, “sensible immigration reform is economically important, politically smart, and morally right.”

For more information or consultation on eligibility, please contact Valentine Brown at (215) 979-1840 or the Duane Morris immigration attorney with whom you normally work.

February 11, 2024 by Valentine A. Brown

USCIS Premium Processing Fees going up on February 26, 2024

After three years with no increase, Premium Processing fees for all USCIS forms will increase on February 26, 2024. Any Form I-907 requests for premium processing arriving at USCIS on or after that date will need to be submitted with the higher fees. Continue reading “USCIS Premium Processing Fees going up on February 26, 2024”

January 24, 2024May 13, 2026 by M. Alejandra Vargas

New Year, New Opportunities: Trends and Upcoming Developments in Immigration Law

2023 saw the rollout of a litany of administrative, regulatory, and executive updates and changes that touch virtually all aspects of the U.S. immigration system, with the impact of these changes expected to be felt in full force in 2024. Employers who engage in routine visa sponsorship, skilled immigrants with extensive experience in their respective fields, entrepreneurs, and investors all stand to benefit from many if not all of these changes and are well served by familiarizing themselves with these policy and regulatory changes, updated immigration trends, and the new opportunities they present. Continue reading “New Year, New Opportunities: Trends and Upcoming Developments in Immigration Law”

January 22, 2024March 6, 2024 by Valentine A. Brown

H-1B Lottery Begins on March 6, 2024: It’s Time to Prepare

The H-1B Lottery Registration Window Opens March 6, 2024. The ending date of the registration will be March 22, 2024. Employers and potential H-1B workers should determine now, whether they will enter and start preparing the necessary information and documentation for the submission. While an immigration attorney is not required for employers to submit their entries, it is highly recommended to have counsel for the process, as the USCIS online system can be confusing and prone to snafus.

Employers should consider entering any foreign workers who are on Optional Practical Training (OPT), STEM OPT, or who hold other nonimmigrant statuses, such as TN and O-1into the lottery. Evaluating the job description, salary requirements and credentials of each potential entry is important, as well as determining whether the foreign national might qualify for the master’s cap, giving them a better chance of selection. Experienced H-1B counsel can also assist in determining whether a particular candidate in a particular position, will have a successful H-1B application after being selected. Continue reading “H-1B Lottery Begins on March 6, 2024: It’s Time to Prepare”