News & Updates Archives - Graham Adair, Inc.

The End of Duration of Status: What F, J, and I Visa Holders Need to Know

On Friday, July 17, 2026, the Department of Homeland Security published a final rule that eliminates “duration of status” (D/S) for international students (F), exchange visitors (J), and foreign media representatives (I). For decades, these nonimmigrants were admitted for as long as they maintained their status — no fixed end date. That’s gone. Starting September 15, 2026 (60 days after publication), F, J, and I visa holders will instead be admitted for a fixed period tied to their program, capped at four years.

This is one of the most significant structural changes to the F/J/I system in years, and it changes how status is tracked, extended, and lost.

What’s changing

What is changing?

First, extensions move from SEVIS to USCIS. Today, a Designated School Officer or Responsible Officer can extend a student’s program directly in SEVIS. Under the new rule, F-1 students needing more time to finish their program must instead file Form I-539 with USCIS — adding an adjudication step (and USCIS processing times) to what used to be an administrative, same-day fix.

That change extends to OPT and STEM OPT: students will eventually need to file both I-539 and I-765 for those applications. DHS is giving a six-month grace period on this specific piece, so it takes effect March 18, 2027 — not immediately with the rest of the rule.

Second, no more lateral or downward degree changes. F-1 students who finish one academic level can now only move up. A bachelor’s grad can start a master’s; a master’s grad can no longer pivot to a second bachelor’s or an equivalent-level program the way they could before. This closes off a fairly common path for students changing fields or schools.

Third, he post-completion grace period is cut in half. Students now have 30 days — down from 60 — after finishing their program to depart the U.S., transfer schools, or change status. That’s a meaningfully tighter window for a decision that already tends to be logistically messy.

How will the transition work?

How the transition works

Students already in the U.S. under D/S convert automatically. Their new authorized stay will mirror their current program or OPT end date, capped at four years from September 15, 2026 — no action required to get an initial status date.

Students traveling internationally and re-entering the U.S. on or after September 15 will be issued an I-94 with a specific expiration date at reentry, rather than the open-ended “D/S” notation.

Why this matters

The predictability cuts both ways. A fixed end date makes it easier to know exactly where you stand — but it also means routine situations (a delayed thesis, a change of major, a slow semester) can now trigger a status problem that used to resolve itself quietly through a school official. Students pursuing a second degree, especially at the same or a lower level, should plan well before September 15.

Please consult with your immigration counsel to evaluate how this affects your specific situation.

News & Updates USCIS

USCIS Signals Tougher Approach to Green Card Cases Filed in the U.S. – What Employers Should Know

Bottom Line: A new USCIS policy memo signals a stricter approach to green card applications filed inside the United States, but for most employer-sponsored employees in H-1B or L-1 status, we do not expect immediate disruption. Cases involving prior status complications or nontraditional immigration histories warrant closer attention.

On May 21, 2026, USCIS issued policy memorandum PM-602-0199, emphasizing that adjustment of status — the process by which foreign nationals apply for a green card from within the United States (Form I-485) — is a discretionary benefit, not an automatic grant, even when all eligibility requirements are met. The memo also characterizes consular processing abroad as the “ordinary” path to permanent residence, framing U.S.-based adjustment of status as a form of extraordinary relief.

The announcement has prompted concern and, in some cases, headlines suggesting that employment-based green card applicants will now be forced to complete processing abroad. At this stage, we believe those headlines overstate the immediate practical impact — particularly for most employer-sponsored populations.

What Actually Changed?

Importantly, the law governing employment-based green cards did not change, nor has adjustment of status been eliminated. Eligible individuals may still apply for permanent residence from within the United States.

What changed is how USCIS instructs officers to exercise discretion when reviewing adjustment applications. Under the new memo, officers are directed to:

Treat adjustment of status as a case-by-case discretionary benefit rather than a routine outcome;
Consider the “totality of the circumstances” in deciding whether to approve an application;
Weigh positive and negative factors more explicitly; and
View consular immigrant visa processing abroad as the default pathway

USCIS also signals that officers should place greater emphasis on whether applicants maintained lawful status, complied with visa requirements, and can demonstrate strong positive equities supporting approval.

What About Your Employees With Pending Cases?

Employers should anticipate questions from sponsored employees with I-485 applications already pending. This memo applies to cases at all stages of adjudication, including those filed before May 2026. While we do not expect officers to penalize applicants retroactively for conduct consistent with prior guidance, the memo may influence how officers evaluate cases going forward.

We recommend that HR and legal teams encourage employees with pending I-485 cases to direct their questions to their assigned attorney, rather than drawing conclusions from media coverage.

Which Employee Populations Are Most at Risk?

For most employer-sponsored employees maintaining H-1B or L-1 status, we currently expect limited immediate impact. The memo does not eliminate dual-intent protections, and individuals in valid H-1B or L-1 status pursuing permanent residence remain among the strongest candidates for adjustment of status. Underlying eligibility rules are unchanged.

That said, the memo creates greater risk for employees in non-routine or higher-discretion situations, including those with:

No underlying nonimmigrant status (work authorization based solely on EAD);
Prior immigration status gaps or violations;
Unauthorized employment history;
Inconsistent nonimmigrant intent (for example, certain F-1 or TN visa scenarios); or
Complex immigration histories or prior compliance concerns.

For these employees, USCIS may scrutinize more closely whether approval inside the United States is warranted, or whether consular processing abroad is the more appropriate path.

What We Are Watching Closely

Although the memo largely cites existing legal authority, its tone is notably more restrictive than prior USCIS guidance and could signal a meaningful shift in adjudication culture. Immigration practitioners nationwide have raised concerns that officers may begin applying discretion more aggressively in edge cases. Some commentators also anticipate legal challenges if USCIS implements the memo in ways that depart materially from longstanding practice.

Ultimately, the most important question is not what the memo says in theory — it is how USCIS officers apply it in practice over the coming months. We are monitoring adjudication trends closely and will provide updates as patterns emerge.

Recommended Employer Actions

We recommend that employers take the following steps now:

Continue normal green card planning for employees in H-1B and L-1 status.
Avoid unnecessary status gaps or lapses in employment authorization within your sponsored employee population.
Proactively identify higher-risk cases in your workforce — particularly employees with prior status complications, employment gaps, or complex immigration histories — and flag them for individualized review with counsel.
Maintain thorough immigration compliance records across your program, including status maintenance and work authorization history.
Direct employees with questions to their Graham Adair attorney rather than allowing anxiety to influence decisions.

Graham Adair Perspective

Graham Adair has represented employers and their employees in employment-based immigration matters for two decades. Our current assessment is that this memo will result in incremental tightening rather than immediate systemic disruption for most employer-sponsored populations.

For employees maintaining status and following conventional employment-based green card pathways, we remain cautiously optimistic that adjustment of status will continue to be a viable option. However, we expect closer scrutiny in discretionary and nontraditional cases, making individualized strategy increasingly important.

If you have questions about how this policy change may affect your workforce or immigration program, please contact your Graham Adair representative.

Compliance Immigration and Customs Enforcement News & Updates

ICE Significantly Expands “Substantive” I-9 Violations – Employer Action Recommended

Graham Adair Perspective

We are advising clients to treat this development as a meaningful tightening of I-9 enforcement standards rather than a routine policy update. While ICE has not issued entirely new regulations, its revised guidance signals a more aggressive posture in how existing rules will be applied during audits. Employers should assume that errors previously viewed as low-risk may now carry greater financial exposure and should prioritize proactive compliance accordingly.

Overview

U.S. Immigration and Customs Enforcement (ICE) has issued updated guidance that may increase employer risk during Form I-9 inspections. In March 2026, ICE revised its long-standing inspection fact sheet and clarified its interpretation of what constitutes “substantive” violations—meaning certain errors may be treated as immediately subject to monetary penalties rather than eligible for correction. This development represents a meaningful shift in I-9 compliance enforcement and raises the stakes for employers across all industries.

Background: The Prior Framework

Since the 1990s, I-9 violations have generally been divided into two categories:

Substantive violations – serious errors potentially impacting employment eligibility and subject to fines;
Technical or procedural violations – administrative errors that employers are typically permitted to correct within at least 10 business days after notice of an inspection.

This distinction has historically provided employers with a limited opportunity to cure certain deficiencies identified during an audit.

What Changed

ICE’s revised guidance narrows the scope of what may be considered a “technical” violation. As a result, certain errors that were treated as correctable may now be treated as substantive violations, depending on the circumstances. This shift increases the likelihood that employers could face monetary penalties without an opportunity to cure certain deficiencies identified during an inspection. Examples of errors that may be treated as substantive include:

Missing key data fields such as date of birth or date of hire;
Failure to properly complete or date required sections of the form;
Incomplete preparer/translator certification (where applicable);
Missing employer representative information in Section 2;
Improper use of the Spanish-language form outside Puerto Rico;
Failure to record required document information in Section 2;
Missing rehire dates or certification details, where required.

Importantly, ICE continues to emphasize that Form I-9 must be complete and accurate on its face, and the presence of corrected information in supporting documents does not necessarily cure deficiencies on the form itself.

Expanded Risk Areas

The updated guidance also increases exposure in several evolving compliance areas:

Remote Verification Procedures: Errors related to remote document inspection procedures, such as failure to properly follow DHS-authorized alternative procedures or related E-Verify requirements, may increase compliance risk and could be treated as substantive violations in certain cases.
Electronic I-9 Systems: ICE continues to scrutinize electronic I-9 systems. Deficiencies in audit trails, electronic signatures, or system integrity may result in violations, including potentially substantive violations depending on the severity.
Documentation Accuracy Over Time: ICE has reinforced that compliance is assessed based on the form as completed at the time of hire. While corrections are still permitted in appropriate circumstances, errors may not be fully mitigated if the original form was materially deficient.

Enforcement Environment and Penalties

These changes come amid continued federal worksite enforcement activity, with I-9 inspections remaining a primary enforcement tool. Current civil penalties (adjusted annually) generally include:

Approximately $288 to $2,861 per Form I-9 for paperwork violations;
Up to approximately $28,619 per violation for knowingly employing unauthorized workers.

Because penalties are assessed on a per-form basis, even routine errors can result in significant aggregate exposure.

Key Takeaways for Employers

First, the margin for error in I-9 compliance is narrowing. Second, errors previously viewed as minor may carry increased enforcement risk. Third, employers should not rely on post-inspection correction opportunities as a primary compliance strategy. In short, accuracy at the time of I-9 completion is increasingly critical.

Recommended Next Steps

Employers should consider taking the following actions:

Conduct a proactive internal I-9 audit to identify and address errors, with particular focus on completeness and accuracy;
Retrain HR personnel and hiring managers to reinforce proper completion of all required fields, dates, and certifications;
Review electronic I-9 systems and confirm compliance with DHS requirements for audit trails, signatures, and recordkeeping;
Evaluate remote verification procedures to ensure alignment with DHS-authorized alternative procedures and E-Verify requirements;
Strengthen onboarding controls and implement standardized processes to improve accuracy at the point of hire.

Conclusion

ICE’s updated guidance reflects a stricter enforcement posture with respect to Form I-9 compliance. Employers that have historically relied on the ability to correct minor errors after an inspection may face increased exposure under this updated framework. Given the current enforcement environment, organizations should prioritize proactive compliance efforts to mitigate risk. If an I-9 audit is conducted, fines can add up fast.

Department of State News & Updates USCIS

Expanded Visa Restrictions and Immigrant Visa Issuance Pause

The U.S. Department of State (DOS) and U.S. Citizenship and Immigration Services (USCIS) have implemented a series of coordinated immigration measures, including expanded visa and entry restrictions, a pause on immigrant visa issuance, and enhanced review of pending immigration benefit applications for certain foreign nationals. These actions follow recent presidential directives emphasizing national security, rigorous vetting, and immigrant financial self-sufficiency.

Expanded Entry and Visa Restrictions (Effective January 1, 2026)

The DOS fully or partially suspended visa issuance and entry for nationals of nationals of 39 countries based on security and information-sharing concerns.

Suspension of immigrant and nonimmigrant visa issuance for nationals of 19 countries. These countries include: Afghanistan, Burma, Burkina Faso, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, South Sudan, Sudan, Syria, and Yemen, as well as those traveling with documents issued by the Palestinian Authority.
Suspension of visitor, student, exchange visitor, and immigrant visas for nationals of an additional 19 countries. These countries include: Angola, Antigua and Barbuda, Benin, Burundi, Cote D’Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia, and Zimbabwe.
Turkmenistan is subject to a partial suspension for immigrant visas

These restrictions generally apply only to individuals outside the United States who did not hold a valid visa as of January 1, 2026. No previously issued visas have been revoked.

Limited exceptions apply, including for lawful permanent residents, dual nationals using a non-restricted passport, certain diplomatic visas, Special Immigrant Visa applicants, and select national-interest cases.

Pause on Immigrant Visa Issuance for Public Benefits Review (Effective January 21, 2026)

Separately, the DOS has paused immigrant visa issuance for nationals of approximately 75 countries identified as high-risk for potential reliance on U.S. public benefits. This review reflects policy priorities regarding immigrant self-sufficiency. A list of the impact countries can be found at Immigrant Visa Processing Updates for Nationalities at High Risk of U.S. Public Benefits Reliance.

Key takeaways:

Immigrant visa applicants may continue to apply and attend interviews
Cases are not denied or revoked due to the pause; final issuance is temporarily delayed
Tourist and other nonimmigrant visas are not affected
Dual nationals using a non-listed passport are exempt
Adoption cases involving U.S. citizens may qualify for exceptions, including National Interest Exceptions

USCIS Hold and Review of Pending Immigration Benefit Applications

In parallel with DOS actions, USCIS issued a Policy Memorandum directing officers to place an adjudicative hold on all pending immigration benefit applications filed by or on behalf of individuals from additional high-risk countries designated under Presidential Proclamation 10998 – “Restricting and Limiting the Entry of Foreign Nationals to Protect the Security of the United States”. While applications may continue through processing, final adjudication is suspended pending enhanced national security, identity, and fraud review. USCIS is also re-reviewing certain benefits approved on or after January 20, 2021.

The policy subjects family-based immigration cases to the same scrutiny as other benefit requests and authorizes interviews or re-interviews where necessary. Limited exceptions apply, including certain document replacement applications, specific employment authorization categories, law-enforcement-related cases, national-interest cases, and select benefits connected to major international sporting events.

What Applicants Should Know

Applicants subject to either measure may still see case activity, including interviews, but final visa issuance or entry may be delayed or restricted unless an exception applies.

Please reach out to us for a checklist of countries that are impacted by the Proclamations. Our firm continues to monitor implementation closely. If you are affected by these changes or believe you may qualify for an exemption or national-interest exception, we recommend seeking individualized legal guidance.

News & Updates USCIS

Changes to H-1B Lottery Selection

The number of H-1B visas issued annually is limited to 65,000, with an additional 20,000 for U.S. advanced degree holders. Since the number of applications are usually higher than the statutory limit USCIS must manage the high demand and determine which petitions go towards the projected number of petitions needed to reach the annual H-1B numerical allocations

CURRENT PROCESS: To manage high demand, USCIS conducts a random selection process to reach the annual H-1B numerical allocations. The beneficiary-centric selection process implemented in FY 2020 resulted in a beneficiary having the same chance of being selected, regardless of the number of registrations submitted on his or her behalf.

NEW PROCESS EFFECTIVE FEB 27th, 2026: In place for the upcoming H-1B cap registration season (taking place in March 2026 towards the FY2027 numerical limitation), USCIS will implement a weighted selection process that will increase the likelihood of selection for higher-paid beneficiaries, while continuing to allow participation at all wage levels.

Specifically, when USCIS receives more H1B cap registrations than needed to meet the annual quota, each unique beneficiary will be entered into the selection pool a number of times based on the Occupational Employment and Wage Statistics (OEWS) wage level associated with the offered position. Beneficiaries with the highest offered wage level for their occupation and area of employment would be entered in the selection pool four times, to correspond with the highest tier of the Department of Labor’s wage structure, Level 4. A Level 3 beneficiary would be entered three times; a Level 2 beneficiary, two times; and a Level 1 beneficiary, once.

Wage Level IV: 4 entries.
Wage Level III: 3 entries.
Wage Level II: 2 entries.
Wage Level I: 1 entry.

WHAT THIS MEANS FOR EMPLOYERS AND BENEFICIARIES: The new rule requires additional information at the registration stage, including the applicable wage level, SOC code, and area of intended employment. For roles with multiple potential worksites, USCIS uses the lowest equivalent wage level across the listed locations.

If selected, petitioners would need to file the H-1B petition demonstrating that the salary, job and location correspond to the selected wage level, occupation and location selected at the time of registration. The USCIS may allow for a change in worksite provided such change is consistent with the requirement of a bona fide job offer at the time of registration.

To conclude, while registrations at all wage levels remain eligible, the rule is expected to favor those with higher salaries by providing them with more chances of selection. Graham Adair will be available to work with employers on information needed and best strategy for any registrations to be filed. Please consult with your Graham Adair attorney if you have case specific or strategy related questions.

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