April 2026 Visa Bulletin: Significant Movement and Current EB-3 Categories

The Department of State has just issued the April 2026 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Immigrant Visa):

Table B: Dates for Filing – Form I-485 Applications to Adjust Status with these priority dates or earlier may be filed with USCIS:

USCIS will continue to use Table B: Dates for Filing chart for I-485 employment-based filings in April 2026. See: USCIS Visa Bulletin Dates

MU Law Analysis

This month’s visa bulletin provides welcome relief from retrogression, as several categories became current for the first time in several years.

The most significant surges forward are for Adjustments of Status under the Dates for Filing Chart, where EB-3 categories for All Chargeability Areas and Mexico are current for the first time since April 2023, and EB-2 India moved forward five months to January 15, 2015.

Under the Final Action Dates chart, EB-2 All Chargeability Areas, Mexico, and Philippines are all current for the first time since November 2022. EB-3 All Chargeability Areas and Philippines moved forward 8 months, and EB-2 India moved forward 10 months.

As in March 2026, the visa bulletin again notes that the dates for filing and final action dates advanced significantly in April 2026 as a result of immigration restrictions put in place by the Trump administration. The visa bulletin notes that if immigration restrictions are later eased or if visa demand increases, retrogression could be necessary later in the fiscal year.

FY 2027 H-1B CAP Lottery

The fiscal year 2027 (March 2026) H-1B cap registration period is currently open and will run through noon eastern on Thursday March 19, 2026.

H-1B CAP registrations are submitted electronically via USCIS’s website. USCIS will update its lottery selections on employers’ my.uscis.gov accounts by March 31, 2026.

H-1B CAP lottery winners are then eligible to submit an H-1B petition between April 1, 2026 – June 30, 2026.

Notable changes to this year’s H-1B cap season are:

• USCIS will require a $100,000 payment for new H-1B visa applicants who are outside the US at the time of their cap case filing.
• USCIS has announced that lottery selection will be weighted, with more entries for selection given to H-1B candidates with high wages. 

For the latest on USCIS’s H-1B changes and to ensure your own H-1B filing strategy, please reach out to your MU attorney.

March 2026 Visa Bulletin: Movement Forward and Current EB-2 Categories

The Department of State has just issued the March 2026 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Immigrant Visa):

Table B: Dates for Filing – Form I-485 Applications to Adjust Status with these priority dates or earlier may be filed with USCIS:

USCIS will continue to use Table B: Dates for Filing chart for I-485 employment-based filings in March 2026. See: USCIS Visa Bulletin Dates

MU Law Analysis

The most significant surges forward are for Adjustments of Status under the Dates for Filing Chart, where EB-2 categories for All Chargeability Areas, Mexico and the Philippines are current for the first time since November 2022, and EB-2 India moved forward nearly a year to November 1, 2014.

EB-1 China and India each moved forward 1 month. EB-3 All Chargeability Areas and Mexico moved forward 3 months, and EB-3 Philippines moved forward 2 months.

Interestingly, the visa bulletin confirms that the dates for filing and final action dates advanced significantly in March 2026 as a result of the various immigration restrictions put in place by the Trump administration. The visa bulletin notes that if immigration restrictions are later eased or if visa demand increases, retrogression could be necessary later in the fiscal year. 

FY 2027 H-1B CAP Lottery

The fiscal year 2027 (March 2026) H-1B cap registration period will open at noon ET on Wednesday, March 4, 2026 and close at noon ET on Thursday, March 19, 2026.

H-1B cap registrations are submitted electronically via USCIS’s website. H-1B cap lottery winners are then eligible to submit an H-1B petition between April 1, 2026 – June 30, 2026.

The H-1B cap lottery is open to employees filling positions requiring Bachelor’s degrees, which may include healthcare occupations such as Medical Technologists, Occupational Therapists, Physical Therapists, and even Registered Nurses.

Notable changes to this year’s H-1B cap season are:

USCIS will require a $100,000 payment for new H-1B visa applicants who are outside the US at the time of their cap case filing.

USCIS has announced that lottery selection will be weighted, with more entries for selection given to H-1B candidates with high wages.

For the latest on USCIS’s H-1B changes and to ensure your own H-1B filing strategy, please reach out to your MU attorney.

USCIS Places Hold on Benefit Applications related to Travel Ban

On January 1, 2026, USCIS issued a Policy Memorandum announcing an adjudicative hold on all pending benefit applications filed by individuals from the “high-risk countries” listed in Presidential Proclamations 10949 and 10998 (Trump's Travel Ban).

Last month, USCIS abruptly enacted the adjudicative hold, as discussed by MU in December 2025, but that hold has now been made official USCIS policy.

 

USCIS’s adjudicative hold applies to cases filed by individuals who list a country from the Travel Ban as either their country of birth or country of citizenship. USCIS does not specifically list the form types affected by the hold, nor how long the hold will be in effect.

 

Furthermore, USCIS will re-review approved benefit requests such as Green Cards for individuals from Travel Ban countries. This may include interviews or re-interviews to reassess Green Card eligibility.

 

Are there any exceptions?

 

The following case types are exempt from USCIS’s adjudicative hold:

• Green card replacements (Form I-90);
• Replacement naturalization/citizenship documents (Forms N-565, N-600);
• Certain work permit categories (Form I-765);
• Benefit requests filed by professional athletes—including coaches and relatives—for the purpose of attending the World Cup, Olympics, or other major sporting event; and
• Case types that would serve a U.S. national interest.

If you have specific questions or concerns about this Policy Memorandum, do not hesitate to reach out to your MU attorney.

February 2026 Visa Bulletin: Movement Forward for Most EB-3 Categories

The Department of State has just issued the February 2026 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Immigrant Visa):

Table B: Dates for Filing – Form I-485 Applications to Adjust Status with these priority dates or earlier may be filed with USCIS:

USCIS will continue to use Table B: Dates for Filing chart for I-485 employment-based filings in February 2026. See: USCIS Visa Bulletin Date

MU Law Analysis

EB-3 All Chargeability, EB-3 Mexico, and EB-3 Philippines are the only categories to progress forward in February 2026, with forward movement of 5.5 weeks.

All remaining categories stayed steady and made no progress.

DHS Issues Final Rule for Weighted Selection of the Highest Wages in H-1B Cap

On December 29, 2025, DHS published a Final Rule in the Federal Register, amending the way in which USCIS will select candidates in the H-1B Cap Lottery.  

Instead of the existing random lottery system, USCIS will implement a weighted selection process that prioritizes allocating H-1B visas to higher-skilled and higher-paid workers according to their Occupational Employment and Wage Statistics (OEWS) wage levels.

Each worker’s OEWS wage level, which ranges from Levels I to IV, will determine how many registration entries that candidate will receive. Higher wage levels receive more entries—four for Level IV, three for Level III, two for Level II, and one for Level I—resulting in higher-paid positions having greater odds of selection while still allowing all wage levels to participate.

Although DHS received nearly 17,000 public comments on its Notice of Proposed Rulemaking (NPR), issued back in September 2025, DHS published this Final Rule without any modifications. DHS notes that some commenters suggested that DHS should consider an exemption for healthcare occupations, especially in rural or shortage areas. However, DHS declined to carve out exemptions for certain industries or give additional weight for registrations in “critical sectors.”

The Final Rule is effective February 27, 2026, and will be in place for the H-1B Cap Registration Season for the 2027 Fiscal Year.

USCIS Issues New Travel Ban Restrictions

U.S. Citizenship and Immigration Services (USCIS) has issued several new policies to restrict immigration for individuals born in countries listed in President Trump’s June 2025 Travel Ban.

Currently, the countries listed in the Travel Ban are Afghanistan, Burma, Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, Yemen, Burundi, Cuba, Laos, Sierra Leone, Togo, Turkmenistan, and Venezuela. However, the Trump administration has also indicated it intends to add more countries to its Travel Ban list soon.

USCIS has implemented the following policies:

• Pause on Benefit Requests

On December 2, 2025, USCIS issued a Policy Memorandum that pauses decisions on USCIS Benefit Applications filed on behalf of foreign nationals from Travel Ban countries.

USCIS specifically notes it is pausing decision-making on Adjustment of Status (I-485), Green Card Replacement (I-90), Removal of Conditions (I-751), Reentry Permits and Travel Documents (I-131), and Preservation of Residence for Naturalization (N-470), though the memorandum indicates that all form types may be affected.

• “Re-review” of Past Approvals

USCIS also plans to conduct “re-reviews” of approved benefit requests filed on behalf of individuals from the countries above, which could involve re-interviews from USCIS.

• “Negative Factor” Consideration

In adjudicating discretionary benefit requests, such as adjustment of status, change of status, or extension of stay requests, USCIS officers will now consider the fact that an individual is a national of one of these 19 Travel Ban countries as a “significant negative factor.” This is based on a separate Policy Alert issued by USCIS on November 27, 2025.

 

If you are filing benefit requests as a national of one of the 19 Travel Ban countries, consult with your MU attorney to discuss your best strategies for filing.

December 2025 Visa Bulletin: Movement Forward in All Categories

The Department of State has just issued the December 2025 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Dates for Filing

USCIS will use the Table B Dates for Filing chart for I-485 employment-based filings in December 2025. See: USCIS Visa Bulletin Dates

The Dates for Filing chart did not change from November 2025 to December 2025.

MU Law Analysis

EB-1: EB-1 China and EB-1 India each moved forward one month. All other EB-1 categories remain current.

EB-2: EB-2 categories made the following progress forward in the December 2025 visa bulletin:

• EB-2 All Chargeability, EB-2 China, EB-2 Mexico, and EB-2 Philippines: 2 months
• EB-2 India: 6 weeks

EB-3: EB-3 categories made the following progress forward in the December 2025 visa bulletin:

• EB-3 All Chargeability, EB-3 Mexico, and EB-3 Philippines: 2 weeks
• EB-3 China and EB-3 India: 1 month

President Trump’s $100,000 H-1B Fee: Lawsuit and New Guidance

On Thursday, October 16, the U.S. Chamber of Commerce filed a lawsuit challenging President Trump’s $100,000 H-1B fee. MU posted its first blog on the $100,000 fee detailing the fee’s application last month.

The U.S. Chamber of Commerce, the nation’s largest business association and advocacy organization, brings this suit under claims that the fee exceeds the President’s authority and violates the Administrative Procedure Act (APA).

The lawsuit cites several studies and articles attesting that the H-1B program benefits the U.S. economy and is vital in addressing the U.S. labor shortage crisis. It also includes statements from businesses and investors regarding the devastating effects the proclamation will have on American businesses.

On Monday, October 20, USCIS updated its H-1B webpage with new guidance that the $100,000 fee is not required for petitions filed on behalf individuals who are already in the US on valid temporary status (such as an F-1, H-4, J-1, etc.).

The guidance also provided details on the type of case that may qualify for an exception from the fee and finally provided a mechanism for payment of the $100,000 fee.

MU will discuss these updates and more in detail during our free webinar on Tuesday, October 28, at 2PM Eastern. Register to attend!

November 2025 Visa Bulletin: No Movement for Employment-Based Categories

The Department of State has just issued the November 2025 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Dates for Filing

The USCIS will continue to use the Table B Dates for Filing chart for I-485 employment-based filings in November 2025. See: USCIS Visa Bulletin Dates

MU Law Analysis

EB-1, EB-2, EB-3: The Visa Bulletin for categories EB-1, EB-2, and EB-3 made no movement from October 2025 in either the Final Action Dates or Dates of Filing chart.

Government Shutdown: How it Could Affect Your Immigration Case

The US government is facing an impending shutdown at midnight on Wednesday, October 1, 2025. However, even in a “shutdown”, not all immigration processes will halt immediately.

Immigration cases proceed through several different government agencies. A shutdown will affect certain agencies (and thus their processes) differently than others. 

What will Halt as of an October 1 Shutdown?

DOL

Most significant to employment-based immigration cases, the Department of Labor (DOL) will not operate during a government shutdown.

Labor Condition Applications (LCAs), required for H-1B and E-3 filings, and Permanent Labor Certifications (PERMs), required for I-140 filings, cannot be drafted or filed during a government shutdown, and pending LCAs and PERMs will not be issued during a shutdown.

Further, the full FLAG online filing system will be disabled during a government shutdown. LCA and PERM records cannot be accessed online or printed from the FLAG system during a shutdown.

Finally, DOL may allow flexibility for employers who miss filing deadlines due to the government shutdown; if such guidance is issued, MU will update its blog accordingly.

What May Proceed after an October 1 Shutdown?

USCIS

Cases that will be filed with or are currently pending with US Citizenship and Immigration Services (USCIS) will continue to be accepted and processed during a shutdown. In past shutdowns, USCIS has accepted late immigration filings that could not be timely-filed due to the government shutdown.

DOS

Embassy services, such as visa appointments, are run by the Department of State and are also unlikely to be affected during a shutdown.

CBP

Entries to the US, including Canadian TN appointments, are handled by Customs and Border Protection and are also unlikely to be affected by a shutdown.

Clients with questions or concerns are encouraged to contact their MU attorney for best strategies during the potential government shutdown.

October 2025 Visa Bulletin: Modest Movement Forward for Most Categories

The Department of State has just issued the October 2025 Visa Bulletin, the first of the new Fiscal Year. This blog post analyzes this month's Visa Bulletin. 

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Dates of Filing

The USCIS will use the Table B Dates of Filing chart for I-485 employment-based filings in October 2025. See: USCIS Visa Bulletin Dates

MU Law Analysis

EB-1: EB-1 Philippines, Mexico, and Rest of World remain current. Only EB-1 China moved forward by roughly 5 weeks.

EB-2: EB-2 India, Philippines, Mexico, and Rest of World all moved forward 3 months. EB-2 China moved forward nearly 4 months.

EB-3: EB-3 Rest of World and Mexico did not move forward. EB-3 Philippines moved forward nearly 2 months. EB-3 China and India moved forward 3 months.

WEBINAR: Business Immigration Hot Topics

MU will be hosting a FREE webinar on Tuesday, September 23rd at 2PM Eastern for our friends and clients.  Please join us!

Join us for this FREE webinar to learn more about:

• H-1B Cap Employees October 1 Start Considerations
• USCIS H-1B Site Visit Trends
• Visa Bulletin Fiscal Year 2026 Projections
• F-1 Student Visa Proposed Rule Changes
• Healthcare Workforce Resilience Act

Please join us!

USCIS to Consider “Anti-Americanism” in Certain Immigration Decisions

On August 19, 2025, USCIS issued a policy alert that the agency will review “anti-Americanism” as a  discretionary factor when reviewing certain benefit requests.

“Anti-Americanism” will be reviewed in requests such as employment authorization applications, F visa extension applications and changes of status, requests for National Interest Waivers, and employment-based adjustments of status.

 

USCIS dictates that officers should give “overwhelmingly negative weight” to evidence of an applicant’s support for or promotion of terrorist ideologies, antisemitism, or other conduct USCIS may consider “anti-American”. The agency asserts that such conduct will likely lead to denial of the requested benefit.

 

The policy explicitly allows officers to consider public behavior, including social media activity, as part of this discretionary review, making it important for applicants to be mindful of their digital footprint when applying for immigration benefits.

FY 2026 H-1B Cap is Reached: USCIS Will Not Conduct Second Round of Lottery

USCIS announced in a News Alert that the FY 2026 H-1B cap has been reached as of July 2025. Because the cap has been reached, USCIS will not conduct a second round of H-1B cap lottery selections in 2025.

The FY 2026 H-1B cap has been reached because USCIS received enough H-1B petitions between April 1, 2025 and June 30, 2025 to meet the 65,000 H-1B visa regular cap and 20,000 H-1B visa master’s cap. 

The case status for registrations that were not selected in the FY 2026 cap will be updated from “Submitted” to “Not Selected” in their https://my.uscis.gov/ account.

August 2025 Visa Bulletin: Slight Movement Forward for EB-3 India, Slight Retrogression for Others

The Department of State has just issued the August 2025 Visa Bulletin. This blog post analyzes this month's Visa Bulletin.

Visa Bulletin

Table A: Final Action Dates -- Applications with these priority dates or earlier may be approved for their Green Card (Permanent Residency card) or Immigrant Visa appointment:

Table B: Dates for Filing

USCIS will continue to use the Table A Final Action Dates chart for I-485 employment-based filings in August 2025. See: USCIS Visa Bulletin Dates

MU Law Analysis

EB-3 India was the only category to progress forward in August 2025, with forward movement of 1 month.  

EB-2 All Other, EB-2 Mexico, and EB-2 Philippines all retrogressed 6 weeks.  

All remaining categories stayed steady and made no progress.

As August is the penultimate month of the fiscal year, slight retrogression is typical and not a cause for concern. September 2025’s visa bulletin is unlikely to make progress forward and may slow or even retrogress again before the start of the fiscal year in October.