In a 6-3 decision, the U.S. Supreme Court ruled DHS can continue with termination of Haitian and Syrian TPS, as Section 1254a(b)(5)(A) bars judicial review of non-constitutional claims related to TPS and Miot respondents’ equal protection claim is unlikely to succeed. (Trump v. Miot (25-1084) was consolidated with this case, Mullin v. Doe (25-1083)). The Court held,[Read More]
Legal Alerts
Judge pauses the effectiveness of his order which had vacated and set aside President Trump’s H-1B Proclamation imposing $100,000 additional fee terming it as unlawful act exceeding Presidential power
U.S. District Court in Massachusetts had found the President Trump’s H-1B Proclamation imposing $100,000 as unlawful and vacated it entirely. However, the judge has paused the effectiveness of his order until the Court of Appeals weighs in, therefore, the additional H-1B tax fee is not fully phased out as of yet. The government has filed[Read More]
U.S. District Court Finds President Trump’s H-1B Proclamation imposing $100,000 as Unlawful and vacates it entirely
Adhikari Law PLLC. U.S. District Court in Massachusetts has found the President Trump’s H-1B Proclamation imposing $100,000 as unlawful and vacated it entirely. Now the USCIS would have to resume processing H-1B petitions with consular processing of the visa without requiring a payment of $100,000 additional fee. UPDATE However, the judge has paused the effectiveness[Read More]
USCIS Clarifies to media that Policy Memo on Adjustment of Status does not always require Consular Processing and people can still seek adjustment of status remaining in the U.S.
USCIS Clarifies to media that Policy Memo on Adjustment of Status does not always require Consular Processing and people can still seek adjustment of status remaining in the U.S.
USCIS New Policy Memo says Adjustment of Status to LPR is an Extraordinary Discretionary Relief, must be Mattter of Discretion and Administrative Grace and is not designed to supersede the Consular Processing of immigrant visa
Washington, D.C. USCIS isssues a policy memorandum on adjustment of status to legal permanent resident of the U.S. on Thursday, May 21, 2026 with a news released next day. It is unclear if the policy becomes effective right away or in future cases. From the wording of the memo its appears that the Trump Administration[Read More]
USCIS is Eliminating Automatic Consideration of Deferred Action for Special Immigrant Juveniles
USCIS issued a policy memorandum (PM-602-0198) to eliminate automatic consideration of deferred action for Special Immigrant Juveniles who cannot apply for adjustment of status because no immigrant visa is available. The policy will apply to requests filed on or after 30 days from the memo’s publication. USCIS claims it has made an effort to identify[Read More]
U.S. District Court orders a stay of the Trump Administration’s termination of TPS of Nepal, Honduras and Nicaragua
The U.S. District Judge today ordered a stay of the Trump Administration’s termination of Temporary Protected Status (TPS) for Nepal, Honduras, Nicaragua. This provides a temporary relief to many long-term residents from Honduras, Nicaragua, and Nepal. This meant the TPS holders regained their TPS status, their TPS work authorization is restored. Previously issued EAD card based[Read More]
U.S. State Department and USCIS Pauses the issuances of Diversity Visa and final adjudications of Adjustment of Status applications
Washington, D.C. USCIS has issued an internal memorandum directing USCIS personnel to a) place a hold on all pending adjustment of status, ancillary benefits, and associated waiver applications for those who are applying to adjust to lawful permanent resident status under the Diversity Immigrant Visa (DV) Program pending a comprehensive review; b) Conduct a comprehensive[Read More]
USCIS Clarifies Restrictions on Entry of H-1B Skilled Workers into the U.S. based on Presidential Proclamation and Grounds for Exceptions from the Entry Fee under the Proclamation
Washington, D.C. On September 19, 2025, the President had issued a Proclamation with a Restriction on Entry of Certain Nonimmigrant Workers seeking to restrict entry of skilled H-1B workers into the U.S. with a hefty $100,000 H-1B entry fee starting from September 21, 2025. It is unclear under what authority the government is trying to[Read More]
U.S. Supreme Court refused to hear a case challenging H-4 EAD
Washington, D.C. The Supreme Court declined to hear a case which sought to challenge employment eligibility for spouse of H-1B work visa holders who are in green card process. Last year, the U.S. Court of Appeals for the D.C. Circuit had affirmed the decision of the U.S. District Court for the District of Columbia in[Read More]