Frank Alvarado

October 2026 brings a major opportunity for Chinese investors—and important considerations for Indian applicants. The October 2026 Visa Bulletin delivers significant news for mainland China-born EB-5 investors: the unreserved category’s Dates for Filing cutoff, commonly called Chart B, advances four years—from March 1, 2017, to March 1, 2021. For eligible investors already in the United States, this creates an opportunity to pursue adjustment of status after years of waiting. September bulletin; October bulletin. You can also watch our latest Chatting with Charlie: EB-5 Investor Outlook where our team covers the 2026 September Visa Bulletin. But filing an application, receiving work authorization, protecting a child’s eligibility, and obtaining a green card are separate milestones. Here are ten points applicants should understand. 1. Know the difference between permission to file and eligibility for approval. Chart B determines when applicants may file if USCIS authorizes its use. Chart A, the Final Action Dates chart, controls visa availability for approval. EB-5 category October 2026 Chart B October 2026 Chart A Unreserved—mainland China March 1, 2021 December 1, 2016 Unreserved—India May 1, 2024 December 1, 2023 Rural, high-unemployment, and infrastructure set-asides—China and India Current Current A priority date must be earlier than the applicable cutoff; a date equal to the cutoff […]

DHS has proposed a rule that would put steep new fees on Optional Practical Training. The fees would fall on schools, but they could reach students and employers. Here are fifteen things to know before the comment period opens. 1. This is a proposal, not a rule.The notice of proposed rulemaking is scheduled for Federal Register publication on October 8, 2026. Because it is only proposed, schools and students do not have to pay additional OPT fees now. DHS must review public comments and issue a final rule first. 2. The initial fee would be $70,000.A school would pay it the first time it recommends an F-1 student for any type of OPT. It applies whether that first authorization is pre-completion or post-completion. 3. Later authorizations would cost $30,000 each.The lower fee applies to any later OPT recommendation for a student who has already participated, including post-completion OPT after pre-completion OPT and STEM OPT extensions. 4. Schools would pay, and payment would gate the process.The regulatory text puts the payment obligation on SEVP-certified schools, not students. A DSO could not enter the OPT recommendation in SEVIS until the fee was paid and verified. USCIS would be barred from approving OPT […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. DHS Proposes Major New Fees for F-1 OPT The Department of Homeland Security has proposed substantial new fees for F-1 students seeking Optional Practical Training, potentially adding tens of thousands of dollars to the cost of post-graduation work authorization in the United States. Under the proposed rule, an SEVP-certified school would be required to pay $70,000 for the first OPT recommendation made for an F-1 student after the rule takes effect and $30,000 for each subsequent recommendation. The proposal would cover pre-completion OPT, post-completion OPT, and STEM OPT. The fees would be tied to the sequence of the OPT recommendation rather than the specific type of practical training. For example, if a student’s first recommendation after implementation is for STEM OPT, it would trigger the $70,000 fee. Schools would initially be responsible for payment but could pass the cost to the student, OPT employer, or broader student population under the proposal. The fees would be separate from existing USCIS Form I-765 filing fees. They would apply only to OPT recommendations made after the regulation takes […]

The Department of Labor (DOL) has announced that it will stop accepting new PERM applications and suspend processing of pending PERM applications involving Microsoft, Adobe, Cognizant, Infosys, Tata, Wipro, HCL, and Capgemini. What the suspension covers PERM is the labor certification process required for many EB-2 and EB-3 green-card cases. Employers generally must test the labor market and demonstrate that sufficient qualified U.S. workers are unavailable and that hiring the foreign national will not adversely affect comparable U.S. workers’ wages and working conditions. DOL handles this stage; USCIS adjudicates the subsequent Form I-140 immigrant petition. At the October 8 announcement, administration officials alleged misuse of employment-based immigration programs by these companies and cited investigations. Those allegations should be distinguished from a final finding of wrongdoing. The public announcement does not establish the outcome of any investigation into these companies. It is noteworthy that most of the named companies have been subject to immigration investigations that made it to the public eye in the past. The legal framework and potential duration DOL’s existing regulation, 20 C.F.R. § 656.31(b), permits it to suspend PERM processing in connection with investigations into possible fraud or willful misrepresentation. An initial suspension may last up to 180 days and can be […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. DHS Considers Changes to USCIS Premium Processing Timelines The Department of Homeland Security is preparing a proposed regulation that could modify premium processing timelines for certain immigration applications and petitions. The proposal is currently under review by the Office of Management and Budget, an early step in the federal rulemaking process. USCIS currently offers premium processing for an additional fee, providing expedited adjudicative action on eligible immigration benefit requests. Depending on the application type, processing periods range from 15 to 45 business days. Current premium processing timelines include: Premium processing guarantees USCIS action within the applicable timeframe, which may include an approval, denial, Request for Evidence, or Notice of Intent to Deny. Although specific details have not been released, DHS may seek to extend existing processing periods. The proposed changes will become clearer once the regulation is published in the Federal Register. Importantly, no premium processing timelines have changed at this stage. Once published, the proposal will undergo a public comment period before DHS can issue a final rule. Impact: Changes to premium processing timelines […]

By Bernard Wolfsdorf Recent EB-5 decisions offer investors meaningful grounds to challenge excessive source-of-funds demands. They also show why a strong legal argument cannot replace a documented financial history. The emerging picture is nuanced: several courts have limited USCIS’s inquiries into a currency exchanger’s independent wealth, while other decisions uphold scrutiny of the investor’s own assets, completed transfers, and intermediaries. Two September 2026 rulings—Voja and Tran—make those distinctions particularly important. Battineni: Limits on tracing, but different results for two investors In Battineni v. Mayorkas, 752 F. Supp. 3d 195 (D.D.C. 2024), the court rejected an expansive tracing requirement for one investor, including a demand to establish where a third-party lender obtained its funds. But it upheld the denial of the other investor’s petition because the evidence did not adequately establish the lawful source of part of his investment. The decision supports challenges to excessive upstream inquiries. It does not establish that identifying an immediate payment source automatically satisfies the investor’s burden. Zhou and Sun: Focus on the investor’s lawful acquisition In Zhou v. Noem, No. 19-cv-2650, 2025 WL 416152 (D.D.C. February 6, 2025), the court rejected a denial centered on how a currency exchanger accumulated the dollars supplied in an […]

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. Sudan and Ukraine TPS Protections Continue as DHS Guidance Remains Pending Temporary Protected Status (TPS) beneficiaries from Sudan and Ukraine continue to retain TPS protections and employment authorization despite the October 19, 2026, expiration of their previously designated TPS periods. The Department of Homeland Security (DHS) published an announcement on their website but has not yet published a formal extension term or termination notice in the Federal Register, creating uncertainty for employers regarding employment eligibility verification. For now, beneficiaries from both countries remain protected and authorized to work while DHS determines the future of their TPS designations. However, the agency has not provided updated Employment Authorization Document expiration dates or specific Form I-9 instructions for this interim period. Under federal immigration law, TPS designations may automatically continue for at least six months when DHS does not determine that the conditions supporting a designation have ended. However, the absence of formal guidance leaves employers uncertain about how to document continued employment authorization. For employers, the distinction between continued work authorization and acceptable Form I-9 documentation is […]

Comparison with the October 2026 Visa Bulletin The November 2026 Visa Bulletin show: USCIS is allowing use of Chart B Dates for Filing for adjustment-of-status applications. The following tables compare the supplied October and November bulletins. “ROW” means all chargeability areas except China, India, Mexico, and the Philippines. “China” means mainland-born China. Employment-based Chart A Final Action Dates Category Chargeability area October 2026 cutoff November 2026 cutoff Advance EB-1 China July 1, 2023 Aug. 1, 2023 1 month EB-2 ROW, Mexico, Philippines Jan. 1, 2025 April 1, 2025 3 months EB-3 Skilled Workers and Professionals ROW, Mexico May 15, 2024 June 15, 2024 1 month EB-3 Skilled Workers and Professionals China Jan. 8, 2022 Jan. 22, 2022 14 days EB-3 Skilled Workers and Professionals India Jan. 1, 2014 Jan. 22, 2014 21 days EB-3 Other Workers ROW, Mexico Jan. 1, 2022 June 1, 2022 5 months EB-3 Other Workers India Jan. 1, 2014 Jan. 22, 2014 21 days All other employment Final Action Date entries remain unchanged: The EB-2 advance is a meaningful improvement for applicants chargeable to ROW, Mexico, and the Philippines. India’s employment-based movement is confined to EB-3 and Other Workers, with both advancing three weeks. China sees […]

LEGAL BULLETIN

For audio listeners, you can listen to our audio version of the News Digest here. You can also join our Immigration News Digest Newsletter here. November Visa Bulletin Brings Employment-Based Advancement and New Filing Opportunities The Department of State’s November 2026 Visa Bulletin shows modest advancement in several employment-based immigrant visa categories, particularly EB-2 and EB-3. USCIS will allow employment-based adjustment of status applicants to use the Dates for Filing chart in November, creating additional filing opportunities. Key developments in the November bulletin include: The Dates for Filing chart remains largely unchanged, although EB-3 Other Workers advances one month to July 1, 2022, for most countries outside China, India, and the Philippines. Applicants may file Form I-485 if their priority date is earlier than the applicable Dates for Filing cutoff and they otherwise meet adjustment eligibility requirements. Final approval remains subject to visa availability under the Final Action Dates chart. Impact: November’s bulletin provides additional filing opportunities for certain EB-2 and EB-3 applicants. Employers and foreign nationals should review priority dates, confirm filing eligibility, and monitor future bulletins as visa demand continues to affect availability throughout fiscal year 2027. DOL Advances PERM Reform Proposal Following Federal Review The Department of […]