“Trump's Deportations are Costing Americans Jobs” per the National Bureau of Economic Research via the New York Times
On May 19, 2026, the New York Times shared a study from the National Bureau of Economic Research showing that the Trump Administration’s deportation policies and practices have resulted in a net loss of jobs for US Citizen workers. The National Bureau of Economic Research (“NBER”) is a leading independent and nonpartisan economic research organization. Per the New York Times,
“Analyzing federal labor data, researchers focused on four industries that rely heavily on undocumented immigrant workers: agriculture, construction, manufacturing and wholesale. Deportations had a chilling effect on each of those industries, disproportionately affecting men, who accounted for more than 90 percent of the immigration arrests. Taken together, the affected industries saw a 5 percent drop in employment for male undocumented workers and a 1.3 percent drop for male American-born workers without a college degree. The researchers found no evidence that employers increased wages to attract American workers. Instead, work slowed.”
Read the New York Times article here and the NBER study here.
Cap season update: July 2026
The initial filing period for H-1B cap FY 2027 petitions has now closed. As of June 26, 2026, USCIS estimates that they will adjudicate 80% of H-1B cap petitions within nine months of receiving the case, so petitioners can generally expect an update on their April 2026 petition filings by December 2026, and June 2026 petition filings by February 2027.
It is possible that USCIS will run a second round of the H-1B cap lottery if they did not receive enough petitions during the initial filing period. If so, USCIS will make lottery selections from the original pool of entries in March 2026 and will notify those selected via their USCIS account.
State Department issues J-1 Conrad/HHS waivers for physicians at an expedited pace in June 2026
We are pleased to share that we have seen the State Department and USCIS issue J-1 Conrad/HHS waivers for physicians at an expedited pace in June 2026. A lengthy adjudicatory pause from the US Department of Health and Human Services (“HHS”) earlier this year had risked the immigration status and employment authorization for hundreds of international physicians who are ending their residency programs on June 30. As we had shared last month, HHS resumed processing for these cases, and the State Department and USCIS have since quickly processed the waiver recommendations. Many of these physicians will now likely only experience a brief delay in their employment authorization. However, anecdotal reports do show that some of these cases have remained pending for a long period of time.
Peterson Institute for International Economics: “Class dismissed – the effect of international student exclusion on the US STEM workforce and economic growth”
In June 2026, The Peterson Institute for International Economics released a new Policy Brief analyzing the impact that the exclusion of international students has had on the US STEM workforce and economic growth. The report had the following four key takeaways:
The Trump Administration’s efforts to restrict immigration have resulted in a one-third reduction in student visa issuance;
The international student visa decline will have a substantial impact on the US STEM workforce, as 35% of all STEM workers with a Ph.D. were not born in the US but came here as international students;
A continuous one-third reduction in STEM graduates in the US would shrink the high-skilled STEM workforce by 6.2% overall and 11.5% for workers with doctorates; and
The reductions noted in (3) above “would cut annual US real GDP by $240 billion to $480 billion within a decade – a loss the size of a mid-sized US state like Wisconsin or Utah.”
Read the report from the Peterson Institute here.
AILA Flyer: Checklist for F-1 Students Transitioning to Cap-Subject H-1B Status
The American Immigration Lawyers Association recently published a client flyer to help international students transition from F-1 to H-1B status. The flyer makes the following key recommendations for F-1 students:
Make sure your H-1B petition is field while you are still on F-1 OPT
Stay within the OPT unemployment limits
If you are on STEM OPT, remember to complete your annual self-evaluations in a timely fashion
International travel will be restricted during this transition
Coordinate with the DSO if you want an updated Form I-20 indicating the cap-gap extension
Keep your DSO updated on any changes.
Download a copy of the client flyer here.
Reminder to international students: producing online content in US to generate income requires employment authorization
We wish to remind F-1 international students that the terms and conditions of their F-1 status place strict limits on employment activities outside of pre-degree-completion Curricular Practical Training and post-completion Optional Practical Training. The US government will likely consider any work performed with the intent to general income (or volunteer work performed that would typically generate income) to require employment authorization.
For example, the US government recently warned internet influencers coming to the US to attend the World Cup that their B-1/B-2 tourist visas do not allow them to produce content that they intend to post on social media to generate income. This warning is directly applicable to F-1 students, as both the B-1/B-2 and F-1 nonimmigrant visa categories do not grant employment authorization.
We also point out that producing online content with the intent to generate income is particularly risky because platform visibility makes it quite easy for immigration officials to view their content, and that content then serves as evidence that the influencer violated the terms of their nonimmigrant status.
We encourage F-1 international students to speak with their Designated School Officials regarding any questions they have about their business activities in connection to their F-1 status.
Update on D/S Elimination: OMB review completed, Final Rule publication expected soon
On June 16, 2026, the Office of Management and Budget finished its required financial review of the Trump Administration’s proposal to end the Duration of Stay (“D/S”) designation for F-1, J-1, and M-1 nonimmigrants. Publication of the Final Rule is expected soon, and we will provide updates as we receive them. For background information on D/S Elimination, see our previous post here.
‼️ FEDERAL COURT UPDATE‼️
Federal District Courts in Rhode Island and Massachusetts issued final rulings on two significant issues effecting immigrants and their employers.
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On Friday, June 5, 2026, the Federal District Court for Rhode Island in Dorcas International Institute of Rhode Island vs. USCIS set aside and declared unlawful USCIS’s January 1, 2026 policy of withholding review of petitions and applications involving individuals whose country of birth or country of citizenship is among the 39 countries subject to a partial or complete travel ban.
The Court noted that “the rule of law has to apply to everyone equally and, as evident here, USCIS has neither ‘followed the law’ nor ‘done things the right way.’” The Court found the USCIS’s policy was contrary to the Immigration and Nationality Act, was arbitrary and capricious, and set aside and vacated the policy in its entirety. USCIS must now resume adjudicating petitions and applications for affected foreign nationals and their employers.
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On Monday, June 8, 2026 the Federal District Court for Massachusetts in a lawsuit brought by the State of California, Commonwealth of Massachusetts, and 18 other states, set aside and declared unlawful the September 19, 2025 Presidential Proclamation which instituted a $100,000 additional filing fee requirement for employers filing H-1B petitions for persons outside the U.S., petitions requesting consular processing even if the sponsored individual held prior H-1B status/visas, or petitions converted to consular processing due to failure to maintain status.
The Court held that the $100,000 payment requirement “improperly levies a tax on H-1B petitions” without Congressional authorization. In addition, the Court found that the Department of Homeland Security’s implementation of the Proclamation violated the Administrative Procedure Act for failing to “offer a reasoned explanation for enacting a heavy tax on the H-1B program” and failed to “provide any explanation for imposing a tax on employers in [the education or health care sector], let alone address these employers’ reliance interests on the H-1B program as it existed before the Policy.” Like the Court in Rhode Island, the $100,000 payment requirement has been set aside and vacated in its entirety.
These rulings are of major significance and likely will be appealed by the Government. Until a higher court stays these rulings, USCIS must adhere to each Court’s vacatur and judgment.
DOS Updates List of Countries Subject to Visa Bonds to Clarify Exceptions for FIFA World Cup
On May 13, 2026, the State Department updated its Visa Bond Pilot Program webpage to clarify that the Trump Administration will waive the bond requirement for certain travelers coming to the United States to watch the FIFA World Cup. See the updated guidance on the State Department website here.
MPR News: “Fear of deportation and delays discourage some immigrants from seeking citizenship”
On May 19, 2026, Minnesota Public Radio reporter Sarah Thamer published an article on the current hesitancy many legal permanent residents are having about applying for citizenship. Despite their eligibility, Thamer reports that “fear, combined with policy changes and processing delays[,] is discouraging some eligible immigrants from applying for citizenship at all.” The policy changes include a new citizenship test with more questions and requiring a higher threshold of correct responses to pass. Naturalization application denials have also increased by 15% from 2024 to 2025, and USCIS is now taking months longer to schedule applications for their naturalization ceremonies after they have been approved during the USCIS interviews.
Read the article from Minnesota Public Radio here.