D/S Elimination Final Rule still under review at OMB
As of June 1, 2026, the much anticipated Final Rule entitled “Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media” remains under review at the Office of Management and Budget. We will provide updates on the Final Rule as we receive them.
Federal district courts disagree on whether college students with TPS and DACA qualify for in-state tuition
At least two federal district courts have come to conflicting conclusions as to whether college students with TPS and DACA qualify for in-state tuition at public colleges and universities. Last year, the U.S. Department of Justice sued seven states challenging their in-state tuition laws and regulations that make state residents with TPS and DACA eligible for in-state tuition. Read our previous post on these lawsuits here. Federal district courts have since published opinions on the matter that conflict with each other. For example, in March 2026 a federal district court in Kentucky adopted a joint consent decree between the Trump Administration and the Kentucky Council on Postsecondary Education. The consent decree declared that Kentucky’s in-state tuition policy for students with DACA and TPS conflicted with federal law and therefore violated the Supremacy Clause of the U.S. Constitution. However, that same month a federal district court in Minnesota dismissed a lawsuit challenging Minnesota’s “Dream Act” tuition provisions for undocumented students.
The Department of Justice has appealed the Minnesota federal district court decision to the Eighth Circuit Court of Appeals, and a Latino civil rights group is planning to appeal the Kentucky federal court decision to the Sixth Circuit. It is possible that both circuit courts could also come to opposite conclusions on whether undocumented students are eligible for in-state tuition, and a circuit split like this would provide the Supreme Court with a strong incentive to consider the issue.
Senate Judiciary Democrats formally request investigations in Trump Administration’s indefinite processing holds on previously approved green card and naturalization applications
On April 22, 2026, Democrats on the Senate Judiciary Committee formally requested an independent investigation from the Government Accountability Office (“GAO”) into the Trump Administration’s pause on numerous immigration case types. Senate Judiciary Committee Democrats wrote,
“The Trump Administration has summarily halted most immigrant benefits processing for immigration applicants from 39 countries, stopped visa processing for immigrant visa applicants from 75 countries, and ended most refugee and asylum processing. At the same time, the Administration has threatened to conduct a so-called “re-review” of individuals from 39 countries approved for any immigration benefit under the Biden Administration—including those who have since become U.S. citizens—and refugees and asylum seekers.
The Administration has provided little explanation for the basis for these sweeping changes, leaving immigrants and their families, employers, and communities completely lost as to how to comply with immigration laws, maintain status, and avoid arbitrary immigration enforcement.”
Read the press release from the Senate Judiciary Committee Democrats here and their letter to the GAO here.
Two updates on 39-country travel ban: no USCIS guidance on national interest exceptions, and lawsuit orders Trump Administration to un-pause green card applications for plaintiffs
There are two recent updates on the 39-country travel ban imposed by the Trump Administration last year:
USCIS guidance on national interest exception: On March 30, 2026, USCIS released an update on the travel ban that is currently barring extensions of stay in the United States for citizens of 39 countries. In the update, USCIS confirmed that they will not be issuing guidance on how foreign nationals can obtain a national interest exception to the ban. Applicants must instead look to the ten exceptions listed in USCIS’s January 30, 2026 memo to see if an exception applies.
Read the USCIS update here.
Lawsuit for green card applicants: Last month, two lawsuits in Maryland and Massachusetts federal district courts held that the Trump Administration must un-pause adjustment of status (green card) applications for more than 250 foreign national plaintiffs from countries subject to the 39-country travel ban. The judges in both lawsuits disagreed with the Trump Administration’s characterization of the pauses being “temporary,” as many of the plaintiffs’ applications have been paused for months and with no end in sight.
The lawsuits’ rulings unfortunately will only un-pause adjustment of status applications for plaintiffs who are a part to the lawsuit.
Read more about the lawsuits from Newsweek here.
TPS updates for May 2026: Ethiopia, Haiti, Syria
Ethiopia: On April 8, 2026, a federal district court judge in Boston, MA ruled that the Trump Administration impermissibly terminated TPS for 5,000 Ethiopians. The same judge previously issued a temporary block of the termination on January 30, 2026. See reporting from Reuters on the court order here.
Haiti and Syria:
Congress: On April 16, 2026, Congresswoman Ayanna Presley successfully led Democrats in the House of Representative to force a vote on extending TPS for Haiti. Congresswoman Presley gathered enough bipartisan support in the House to grant her motion to discharge the TPS Haiti petition to the House floor, where it passed 220 to 207. Although the Senate is unlikely to pick up the vote, its success in the House is still significant given Republicans’ current control over both chambers of Congress. See Congresswomen Presley's press release on the discharge petition here.
Supreme Court: On April 29, 2026, the Supreme Court heard oral arguments in Mullins v. Doe, which challenges the Trump Administration’s termination of TPS for Haiti and Syria. The justices’ questions focused on whether the TPS statutes allow courts to review DHS’s decision to terminate TPS, such as a review of properly following steps for termination, and whether the Trump Administration engaged in racial discrimination while terminating TPS for these two countries. The Court’s opinion is expected to be released sometime in June. Read highlights from The New York Times here.
Forbes: EB-1A and NIW immigrant petition denial rates skyrocketed to 46% and 64%, respectively
On April 22, 2026, Forbes reported data from the National Foundation for American Policy showing that denial rates for the EB-1A Noncitizen of Extraordinary Ability and EB-2 National Interest Waiver (“NIW”) immigrant petitions have skyrocketed during the Trump Administration. From Quarter 4 of FY2024 to Quarter 4 of FY2025, denial rates rose from 25.6% to 46.6% for EB-1A petitions and from 38.8% to 64.3% for NIW petitions. These denial rates are in line with the Trump Administration’s other severe immigration policies and actions.
Iandoli Desai & Cronin wishes to emphasize that these denial rates are not indicative of a single foreign national’s chance of success with filing a self-sponsored immigrant visa petition. We encourage interested foreign nationals to speak with an experienced immigration lawyer to determine their eligibility for obtaining one of these visas and their general likelihood of success given the current immigration climate.
Read Forbes’ reporting on the denial rates here and the National Foundation for American Policy’s policy brief on the same here.
Visa Bulletin
The Department of State publishes a monthly Visa Bulletin which operates as the “waiting list” for green cards (immigrant visas), with an individual’s Priority Date serving as their place in line. The Bulletin identifies all immigrant visa “preference” categories and indicates whether a backlog exists for that category. When a backlog exists, an individual in that category may not apply for a green card (or “adjust status”) until their Priority Date becomes “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin. The Bulletin lists family-based (“FB-”) preference categories and employment-based (“EB-") preference categories. These categories are further separated into two charts: the Final Action Dates chart and the Dates for Filing chart. The Final Action Dates chart indicates whether an individual can expect USCIS to make a decision on their application soon, whereas the Dates for Filing chart, if USCIS chooses to use it that month, indicates whether an individual may file their adjustment application and receive the benefits associated with having a green card application pending with USCIS.
In May 2026, USCIS will be using the Dates for Filing chart for both employment- and family-based preference categories.
There were no advancements in the Visa Bulletin for the EB-1, EB-2, EB-3, EB-4, or Other Worker categories. Priority Dates remain Current for individuals born in Mexico and All Chargeability Areas Except Those Listed categories, which was an advancement of over two years in the April 2026 Visa Bulletin.
See the May 2026 Visa Bulletin here.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
Cap season update
We are now in the middle of the H-1B petition filing period for beneficiaries who were selected in the FY2027 H-1B cap lottery at the end of March. Employers have until June 30, 2026 to file H-1B petitions for their employees who were selected in the lottery. If USCIS does not receive the maximum 85,000 H-1B cap petitions by June 30, 2026, then they may run a second lottery to fill the remaining spaces.
If you require assistance with filing an H-1B petition for a worker selected in the cap lottery, please contact us at info@iandoli.com to set up a consultation.
Interactive US immigration map from the American Immigration Council: “Map the Impact of Immigration – US Economic Data & Numbers”
Last month, the American Immigration Council published updates to its interactive map of the United Status with immigration data at the national, state, county, metropolitan area, and district levels. Users can click through the various levels to see the area’s number of immigrants, immigrant share of population, total immigrant taxes paid, immigrant spending power, and other data. The map also links to additional fact sheets each of the map’s levels. For example, you may view specific data on immigrants living in Massachusetts here, the Boston metropolitan area here, and the Worcester metropolitan area here.
View the immigration map here.
ICE reclassifies I-9 violations in revised Fact Sheet
Earlier this year, ICE revised the Form I-9 inspection fact sheet for determining the severity of certain I-9 violations. The updated fact sheet appears to reclassify several I-9 errors from being a technical or procedural violation (allowing for an opportunity to correct) to being a substantial violation (subject to immediate penalties from ICE). These changes put employers at a greater risk of incurring significant fines for violations that were previously considered technical or procedural.
Read the revised I-9 inspection fact sheet here.