At BIL, we strive to be your company’s partner in growth and innovation, on a global scale. We continue our commitment to demystifying the complex immigration laws of the United States and Canada to provide efficient and effective immigration and global mobility support. Please find this month’s business immigration news below.
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U.S. BUSINESS IMMIGRATION UPDATES
- Updates on USCIS Memo on Adjustment of Status
- Updates on $100k H-1B Fee litigation
- AILA Warns of Increased Scrutiny in H-1B Portability Cases Following Layoffs
- DOS Issues Temporary Final Rule Establishing $750 Expedite Fee for B1/B2 Visa Interview Appointments
- USCIS Withdraws Appeal in Mukherji
- July Visa Bulletin Updates
U.S. BUSINESS IMMIGRATION UPDATES
Updates on USCIS Memo on Adjustment of Status
The USCIS Policy Memorandum PM-602-0199 characterizing adjustment of status (AOS) as an extraordinary form of relief that allows applicants to bypass the standard consular visa process is a significant departure from existing practice. While AOS has always been a discretionary benefit, this memorandum sends a clear signal regarding how USCIS intends to exercise that discretion going forward. Officers are actively weighing positive and negative factors in their discretionary analysis. Negative factors, such as prior immigration violations or attempts to circumvent consular processing, must be heavily offset by “unusual or outstanding equities” in the U.S.
Shortly after the memo was released, reports indicated that the government was walking the memo back, in part, calling it more of a housekeeping reminder. Overall, the American Immigration Lawyers Associate has only reported two (2) denials seemingly based on this AOS memo, with the majority of AOS cases progressing normally.
Regarding AOS interviews, reports have been mixed thus far. Some indicate that their AOS interviews have been standard, but there are also reports of USCIS officers conducting lengthy questioning of applicants at their AOS interview regarding their intent and processing choice. Commonly asked questions include:
- Why did you decide to apply for adjustment of status instead of consular processing?
- Did you meet the eligibility criteria?
- Is your petitioner your relative who lives and works in the U.S.?
- Do you have family in the U.S. who are U.S. citizens or green card holders?
- Would consular processing mean separating from loved ones, or cause undue hardship?
- Would you require a waiver if you consular processed?
- Is consular processing a longer process?
- Why did you decide not to return to your country when your period of authorized stay expired?
- Did you plan to stay in the U.S. permanently when you originally entered on your temporary nonimmigrant visa?
Recent reports suggest that some USCIS field offices may be scaling back their implementation of this policy. Some practitioners report that officers have stopped asking memo-related questions already. Others note that cases where these questions were previously asked are now receiving approvals.
USCIS has not announced any formal changes to the policy, meaning implementation still varies significantly by field office. While these reports may point to a less aggressive rollout than initially feared, employers and applicants should continue to monitor developments closely.
Contact your BIL attorney if you have questions about the adjustment of status policy memorandum or need assistance navigating the interview process.
Updates on $100k H-1B Fee litigation
On September 19, 2025, President Trump issued a Presidential Proclamation imposing a $100,000 supplemental fee on certain H-1B petitions for foreign workers seeking admission to the United States through consular processing. A coalition of 20 states challenged the policy in the U.S. District Court for the District of Massachusetts.
On June 8, 2026, the district court ruled that the additional $100,000 payment is unlawful. The court concluded that the charge functions as a tax rather than a permissible user fee and held that the Executive Branch exceeded its constitutional authority because Congress has the exclusive power to impose taxes. The court also found that the policy violated the Administrative Procedure Act (APA) because it was implemented without the required notice-and-comment rulemaking process and was arbitrary and capricious. Accordingly, the court vacated the policy nationwide.
However, on June 12, 2026, the district court issued an administrative stay of its June 8 order to preserve the status quo while the government sought appellate review. The government subsequently filed a motion for a stay pending appeal with the U.S. Court of Appeals for the First Circuit on June 18, 2026. As a result, the administrative stay remains in effect until the First Circuit rules on the government’s stay request.
For now, USCIS may continue to require the $100,000 supplemental fee for H-1B petitions that are filed for, or are only approvable for, consular notification. Further litigation is expected, and we will continue to monitor developments and provide updates as they become available.
AILA Warns of Increased Scrutiny in H-1B Portability Cases Following Layoffs
USCIS Announces 16 New Classes of Admission for Employment-Based Immigrants Under the Gold Card Program
On June 1, 2026, USCIS announced 16 new classes of admission (COAs) for employment-based immigrant categories under the Gold Card program, established by Executive Order 14351. The Gold Card program allows certain individuals, or a sponsoring corporation on their behalf, to obtain permanent residence under the existing EB-1A or EB-2 NIW framework by making an unrestricted gift to the Department of Commerce under 15 U.S.C. 1522. Gold Card holders and their spouses and children are now assigned one of these 16 COAs, which will appear on Form I-551 (Permanent Resident Card), Form I-94 with a Temporary I-551 stamp, or a foreign passport bearing the same stamp.
With this update, the Systematic Alien Verification for Entitlements (SAVE) system will provide an initial verification response of “Lawful Permanent Resident – Employment Authorized” for all 16 Gold Card COAs. In practice, this means benefit-granting agencies and employers running SAVE checks on Gold Card holders should receive a clear, automated confirmation of LPR status and work authorization, without needing to request Additional Verification unless there is a specific reason to question the result.
This is a procedural update rather than a substantive change to Gold Card eligibility, but it reflects USCIS continuing to build out the operational infrastructure for the program as cases move through the pipeline.
DOS Issues Temporary Final Rule Establishing $750 Expedite Fee for B1/B2 Visa Interview Appointments
The U.S. Department of State (DOS) has published a temporary final rule establishing a new $750 Nonimmigrant Visa Appointment Expedite Fee for certain B-1/B-2 visitor visa applicants. Effective July 1, 2026, through December 31, 2026, the pilot program will allow eligible applicants who pay the additional fee to obtain a visa interview appointment within ten (10) business days, subject to appointment availability at designated consular posts. The $750 fee is optional and is charged in addition to the standard $185 nonimmigrant visa application fee. The expedited appointment option will be available only in limited quantities at participating U.S. embassies and consulates, which DOS will identify on Travel.State.Gov.
DOS stated that the pilot program is intended to evaluate demand for a fee-based expedited interview scheduling service and to assess operational capabilities ahead of anticipated increases in international travel associated with major events in the United States, including the 2026 FIFA World Cup and the 2028 Los Angeles Olympic and Paralympic Games. Participating consular sections will offer expedited interview appointments based on local capacity. Applicants must first complete the standard application process and schedule a regular interview appointment. If an expedited appointment is available at the selected post, applicants may elect to pay the additional fee to access an earlier interview date.
Importantly, the expedited appointment fee affects only the timing of the visa interview. It does not guarantee visa issuance, expedite adjudication or post-interview administrative processing, or alter the substantive eligibility requirements for a B-1/B-2 visa.
Because the program does not take effect until July 1, 2026, and participating posts have not yet been fully identified, and we will continue to monitor DOS guidance for implementation updates and the list of participating consular posts.
USCIS Withdraws Appeal in Mukherji
EB-1A petitions for individuals of extraordinary ability are adjudicated using a two-step framework. First, the petitioner must demonstrate either receipt of a one-time major, internationally recognized award or satisfy at least three of the ten regulatory evidentiary criteria, such as evidence of nationally or internationally recognized prizes, original contributions of major significance, published material about the individual, participation as a judge of the work of others, or service in a leading or critical role for distinguished organizations. If the threshold evidentiary requirements are met, USCIS then conducts a final merits determination to evaluate whether the evidence, viewed in its totality, establishes sustained national or international acclaim and that the individual is among the small percentage who have risen to the very top of their field.
In Mukherji, USCIS acknowledged that the petitioner satisfied the threshold evidentiary criteria but denied the petition after concluding, at the final merits determination stage, that the record did not establish the level of sustained acclaim required for EB-1A classification. The petitioner challenged that decision in the U.S. District Court for the District of Nebraska. The district court held that USCIS misapplied the final merits determination in this case and that its analysis was inconsistent with the governing regulations and the administrative record. Rather than remanding the matter to USCIS for further consideration, the court vacated the denial and ordered the agency to approve the petition. This remedy is relatively uncommon in immigration litigation, where remand is the more typical outcome.
USCIS initially appealed the decision to the U.S. Court of Appeals for the Eighth Circuit but subsequently voluntarily dismissed its appeal. The agency did not publicly explain its decision. As a result, the district court’s ruling remains in effect for the parties, and the Eighth Circuit will not issue a precedential opinion addressing the issues raised in the case.
Although the withdrawal of the appeal has generated interest among practitioners, it does not change the legal framework governing EB-1A adjudications. USCIS continues to apply its established two-step analysis, including the final merits determination, in extraordinary ability cases. Likewise, the district court’s opinion does not constitute binding precedent in other cases, although petitioners may cite its reasoning where they believe USCIS has improperly applied the final merits analysis after acknowledging that the threshold evidentiary requirements have been satisfied.
July Visa Bulletin Updates
The U.S. Department of State’s July 2026 Visa Bulletin reflects continued pressure on employment-based immigrant visa numbers, with significant retrogression affecting Indian nationals in several preference categories. Among the most significant changes, the EB-1 India final action date retrogressed from December 15, 2022, to October 15, 2022. The Department of State also cautioned that additional retrogression may be necessary if demand continues to exceed the remaining visa numbers available during the fiscal year.
For EB-2 India, the category has become unavailable, meaning that all available immigrant visa numbers for fiscal year 2026 have been allocated. As a result, no additional EB-2 immigrant visas may be issued to Indian applicants until new visa numbers become available at the start of fiscal year 2027 on October 1, 2026.
The EB-3 India category advanced modestly, with the final action date moving from December 15, 2013, to January 1, 2014. While this represents incremental forward movement, substantial backlogs remain for Indian-born professionals seeking permanent residence.
This retrogression also coincides with reports of a significant rollback of Visa Processing services around the whole of Africa. The Department of State has announced plans to reduce Visa processing operations in Africa. Prior to the announcement, visa processing took place at 50 posts on the continent. If confirmed, this number will drop to 20. Going forward, the likely list of posts will include: Abidjan, Accra, Addis Ababa, Cape Town, Dakar, Dar es Salaam, Djibouti, Johannesburg, Kampala, Kigali, Kinshasa, Lagos, Lomé, Luanda, Malabo, Monrovia, Nairobi, Port Louis, Praia, and Yaoundé.
CANADA BUSINESS IMMIGRATION UPDATES
Canada Plans Fast Track Work Permits for AI Talent
Canada has announced plans to introduce a fast track work permit pathway for artificial intelligence (AI) professionals, signaling a significant shift in how the country attracts high skilled technology talent. This proposed initiative would operate through the existing Global Talent Stream (GTS) and is expected to significantly reduce processing timelines. Current proposals suggest that eligible applications could be processed in as little as 20 days from start to finish, compared to the typical 2–6 month timeframe under standard work permit processes.
This accelerated timeline would be achieved by combining expedited processing at both stages of the application, including approximately 10 days for the Labour Market Impact Assessment (LMIA) and an additional 10 days for the work permit application itself. This represents a substantial improvement and aligns with Canada’s broader objective of remaining competitive in the global race for top technology talent.
For employers, this development presents a valuable opportunity to recruit highly specialized AI professionals more efficiently. Organizations operating in sectors such as artificial intelligence, data science, and advanced technology may soon benefit from significantly reduced hiring timelines, helping them secure critical talent in a highly competitive global market. Employers that are already familiar with, or currently using, the Global Talent Stream will likely be best positioned to leverage this new pathway once implemented.
This initiative is part of Canada’s broader “AI for All” strategy, which aims to drive significant economic growth and expand the country’s leadership in artificial intelligence. The government has indicated that these measures are tied to long-term goals of increasing AI adoption across industries and supporting job creation in high-impact sectors.
Another notable aspect of this proposal is the anticipated alignment between fast track work permit processing and permanent residence pathways. The government has signaled that it intends to support the transition of these highly skilled workers to permanent residence, which would allow employers not only to recruit talent quickly but also to retain it over the long term.
At this stage, it is important to note that the program has not yet been fully implemented, and key details—including eligibility criteria, qualifying occupations, and launch timelines—have not been finalized. However, the direction is clear: Canada is continuing to prioritize the attraction and retention of top-tier talent in the AI and technology sectors. Employers should begin preparing by reviewing their current hiring strategies, ensuring roles align with prevailing wage requirements, and assessing whether they are positioned to take advantage of Global Talent Stream pathways.
We will continue to monitor developments closely and provide further updates as additional information becomes available. Please feel free to reach out if you would like to discuss how these changes may impact your hiring strategy.
Proposed “High-Wage” Factor in Express Entry
Recent developments in Canada’s Express Entry system indicate a significant policy shift toward prioritizing candidates in higher wage occupations. As part of proposed reforms, Immigration, Refugees and Citizenship Canada (IRCC) is considering introducing a “high wage occupation factor”, which would award additional points under the Comprehensive Ranking System (CRS) to candidates working in roles with wages above the national median.
This initiative builds on the existing category-based selection framework, where certain occupations are already prioritized for permanent residence. Approximately 40% of these priority occupations could receive an additional boost under the new system, further increasing their likelihood of selection in future draws.
Under the proposed model, occupations would be grouped into three wage tiers—those earning approximately 1.3x, 1.5x, and 2x the national median wage. Candidates working in these higher-paying roles could benefit from additional CRS points, regardless of their individual salary, as the assessment is tied to occupation-level wage data rather than personal compensation.
From an employer perspective, this shift has important implications:
- Employers offering competitive, above-median wages may significantly enhance their employees’ chances of obtaining permanent residence
- High-wage roles—particularly in sectors such as technology, healthcare, engineering, and management—are expected to see stronger alignment with immigration selection priorities
- Structuring roles and compensation to meet or exceed prevailing and median wage benchmarks may become a key strategic consideration in workforce planning and retention
While this is currently a proposed change and final implementation details (including exact CRS points and occupation lists) have not yet been confirmed, the direction of policy is clear: Canada is moving toward a system that prioritizes higher-skilled, higher-earning talent.
For employers, this reinforces the importance of aligning compensation strategies and job design with evolving immigration criteria, particularly for employees pursuing permanent residence through Express Entry.
Change in Documents Required as Proof of Citizenship By Descent
Canada has recently updated its requirements for proving citizenship by descent, significantly increasing the level of documentation required for applicants. These changes, reflected in IRCC’s updated application guidance and document checklist, place a stronger emphasis on official, verifiable records when establishing a claim to Canadian citizenship through family lineage.
The most important change is that applicants must now provide documents issued by the “original authority” that created or maintains the record—such as a civil registry, vital statistics office, or official archive. Previously, documentation from an “appropriate authority” could be accepted, which in some cases included secondary sources. Under the new rules, materials such as genealogy website printouts (e.g., Ancestry or FamilySearch) are no longer sufficient as standalone proof and are treated only as research tools, not official evidence.
In addition, IRCC now requires applicants to demonstrate a complete and continuous chain of descent, supported by reliable documentation at each generational level. This means that birth certificates, marriage records, and other official documents must clearly establish the link between each family member in the lineage. Applications relying heavily on secondary or incomplete documentation may be subject to additional scrutiny or delays.
For individuals and families pursuing citizenship by descent, these changes underscore the importance of early document collection and verification. Applicants may need to obtain certified records directly from provincial, territorial, or foreign authorities, which can take time depending on the jurisdiction. While these updates are intended to improve program integrity and ensure accurate adjudication, they may also increase preparation timelines and complexity for applicants.
Overall, this represents a shift toward stricter evidentiary standards in citizenship by descent cases. Individuals considering this pathway should ensure that their documentation meets the updated requirements and be prepared for a more document intensive application process.
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