USCIS Shake-Up: Green Card Rules, Court Orders, H-1B Fees — What Changed in June 2026

June 23, 2026 · 10 min read

USCIS Shake-Up: Green Card Rules, Court Orders, H-1B Fees — What Changed in June 2026

Four major USCIS changes hit in June 2026: new Adjustment of Status policy, court order for restricted countries, end of Duration of Status for students, and the $100K H-1B fee stays.

#USCIS#immigration#green card#H-1B#visa#adjustment of status

Quick facts

1

USCIS now treats green card applications filed from inside the U.S. as extraordinary discretionary relief.

2

A federal court ordered USCIS to resume processing for applicants from ~75 restricted countries.

3

Duration of Status (D/S) for F, J, I visas will end with fixed I-94 expiration dates.

4

The $100,000 H-1B fee remains active after a federal judge paused the block.

5

EB-2 India quota exhausted for FY2026 — no new visas until October 2026.

6

Enhanced social media vetting requires all visa applicants to set profiles public.

In this article ▾

TL;DR — Read This First

USCIS now treats green card applications filed from inside the U.S. as “extraordinary relief” — not a right. A court forced USCIS to restart processing for applicants from ~75 restricted countries. Students on F, J, and I visas will get fixed departure dates on their I-94. And the $100,000 H-1B fee stays after a federal judge blocked the block.

1. New Adjustment of Status Policy (PM-602-0199)

On May 21, 2026, USCIS issued Policy Memorandum PM-602-0199. It changes how green card applications filed from inside the U.S. are reviewed.

“Requests to adjust status within the United States should be considered extraordinary discretionary relief and an act of administrative grace.”
— USCIS Policy Memorandum PM-602-0199, May 21, 2026

Who is affected?

GroupRisk LevelWhy
Immediate relatives of U.S. citizensHighMany file without being in lawful status
O-1 / R-1 visa holdersHighCannot maintain status after filing AOS
Applicants from 75 restricted countriesHighNo consular processing available
H-1B / L-1 workersMediumCan maintain status, but AOS now harder
EB-1A / NIW self-petitionersMediumConcurrent filing under more scrutiny

Proof: American Immigration Council analysis, May 27, 2026 (americanimmigrationcouncil.org)

2. Court Order: Restart Processing for Restricted Countries

A federal court in Massachusetts ordered USCIS to resume processing applications for immigrants from ~75 countries where processing had been frozen.

Key affected countries:

Afghanistan, Cuba, Iran, Nigeria, Somalia, Syria, Venezuela, Yemen, and ~30 more.

On June 12, 2026, USCIS published a news release stating it would follow the court order. But the scope remains limited to the named plaintiffs.

Proof: Federal court ruling, April 30, 2026; Klasko Immigration Law Partners (klaskolaw.com); WashU OISS (oiss.washu.edu)

3. End of Duration of Status for F, J, I Visas

A 2025 DHS proposed rule is expected to be finalized soon. It will end “duration of status” (D/S) for students (F), exchange visitors (J), and media representatives (I).

BeforeAfter (when finalized)
I-94 says “D/S” — stay as long as enrolledI-94 gets a fixed expiration date
No risk of unlawful presence while enrolledOverstaying the I-94 date = unlawful presence
60-day grace period after program endsProposed reduction to 30-day grace period
Program extensions handled by schoolMust use USCIS to extend stay

Why This Is a Big Deal: If you overstay your I-94 by even one day, you start accruing unlawful presence. Accumulate 180 days and you face a 3-year ban. Accumulate 365 days and the ban is 10 years.

Proof: DHS proposed rule, August 28, 2025; Klasko (klaskolaw.com); WashU OISS (oiss.washu.edu)

4. $100,000 H-1B Fee — The Block That Failed

A federal judge has paused the decision to block the $100,000 H-1B fee. The fee still applies to new petitions.

ElementDetails
Fee amount$100,000 per new H-1B petition
Effective dateSeptember 21, 2025
Applies toNew H-1B petitions only
Does NOT apply toAmendments, changes of status, or extensions for people already in the U.S.
Current statusACTIVE

Proof: Presidential Proclamation, September 19, 2025; WashU OISS (oiss.washu.edu)

5. Other Important Changes

  • EB-2 India Quota Reached: All EB-2 immigrant visa numbers for Indian nationals for FY2026 are exhausted. No new visas until October 1, 2026.
  • Enhanced Security Vetting: Since April 27, 2026, USCIS uses enhanced FBI fingerprint data, causing delays in AOS, naturalization, and asylum.
  • Physicians: USCIS lifted the adjudication hold for foreign national physicians.
  • Social Media Vetting: All F-1, J-1, H-1B applicants must set profiles to public and provide all usernames.
  • Visa Bond List: Updated to 50 countries.
  • E-Verify Revisions: Comment deadline July 13, 2026.

6. What You Should Do Now

If You Are...Action
Filing I-485 (AOS) soonReview PM-602-0199 with your attorney. Evaluate consular processing as an alternative.
From a restricted countryCheck if the Massachusetts court ruling applies to you. Contact an immigration attorney.
An F-1 or J-1 studentAsk your DSO about the D/S rule change. Know your I-94 status.
Employer sponsoring H-1BBudget for $100K fee. Evaluate alternative visa categories.
EB-2 India applicantWait for FY2027 (October 1). Your approved petition retains priority.
Applying for any visaSet all social media to public. Prepare usernames for DS-160.

Sources

  1. USCIS Policy Memorandum PM-602-0199, May 21, 2026. American Immigration Council
  2. Federal Court Ruling, April 30, 2026, District of Massachusetts. Klasko Immigration Law Partners
  3. DHS Proposed Rule, August 28, 2025 — End of Duration of Status. WashU OISS
  4. Presidential Proclamation, September 19, 2025 — $100,000 H-1B Fee. WashU OISS
  5. June 2026 Visa Bulletin — Department of State. travel.state.gov
  6. Klasko Immigration Law Partners — June 2026 Updates. klaskolaw.com
  7. WashU OISS — Immigration Updates. oiss.washu.edu
  8. BrieflyGo USCIS Form Library. brieflygo.com/forms

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