Release Date09/30/2026
U.S. Citizenship and Immigration Services has issued a Federal Register notice that will increase certain H.R. 1 immigration-related fees for fiscal year 2027. These fee adjustments are minor and account for inflation from July 2025 through July 2026.
|
U.S. Citizenship and Immigration Services (USCIS) is updating fees for the EB-5 Immigrant Investor Program to ensure EB-5 fees fully recover the cost of operating the program, meet statutory processing time goals, and support integrity measures such as audits and site visits. Congress created the EB-5 program in 1990 to promote U.S. economic growth through job creation and capital investment by immigrant investors. By investing in the U.S. and creating American jobs, aliens can become eligible for lawful permanent residence (also known as a Green Card). |
Number 19
Volume XI
Washington, D.C
A. STATUTORY NUMBERS FOR PREFERENCE IMMIGRANT VISAS
This bulletin summarizes the availability of immigrant numbers during October for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. If you are a member of our US Immigration forums, you can post questions for the call. Membership is immediate and lifelong. Walk-ins are also permitted.
Rajiv S. Khanna, US Immigration attorney, provides free immigration help by hosting a free community conference call for US immigration-related questions every Thursday. If you are a member of our US Immigration forums, you can post questions for the call. Membership is immediate and lifelong. Walk-ins are also permitted.
Is it advisable to extend a B-1/B-2 visitor visa while applying for an F-1 student visa?
Transitioning from H-1B to B-2 and subsequently applying for F-1 status receives heightened scrutiny regarding non-immigrant intent. Applicants must provide strong, legitimate justification for returning to school to demonstrate that the change of status is not merely a strategy to prolong their stay in the U.S.
What are the risks when transferring an H-1B shortly after approval under wage-based selection?
Transferring to a lower wage level or lower-wage geographic region shortly after approval can raise concerns of lottery manipulation. To safely execute an H-1B transfer shortly after activation, the petition should maintain the same wage level, an equal or higher salary, and be supported by a clear explanation for changing employers.
Can an H-1B employee take voluntary unpaid personal leave without violating wage requirements?
Yes. Department of Labor regulations strictly prohibit employers from involuntarily benching H-1B workers without pay. However, if an employee voluntarily requests unpaid leave for personal reasons (such as travel or vacation), the employer is legally permitted to accommodate the request without violating H-1B prevailing wage rules.
Can a new employer file an H-1B transfer if a previous H-1B was approved under consular processing but never activated?
If a prior H-1B petition was approved for consular processing and was never activated (by entering the U.S. on that visa), USCIS may view the individual as still subject to the numerical cap/lottery. However, if a subsequent Change of Status petition was approved with a future start date, a new employer can attempt to file an H-1B transfer prior to that start date.