Policy Updates

Cross-cutting analysis of executive actions, agency guidance, and federal court rulings reshaping U.S. immigration practice.

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Mandamus

Pre-Litigation Letters Are Dead in 2026. What Replaces Them

Pre-litigation intent-to-sue letters have been the immigration bar's default first move on a stuck case for two decades. The U.S. Attorney's Offices that read them are now buried in habeas petitions and APA challenges — and a different sequence has taken their place.

Jun 9, 2026 7 min read
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PM-602-0199

After Loper Bright, AOS Memo Faces ITServe-Style Reckoning

USCIS's adjustment-of-status discretion memo arrives in a post-Chevron legal landscape, where agencies no longer enjoy automatic deference and where the ITServe Alliance v. Cissna playbook — sue when the agency changes practice without changing the rule — is back in the immigration bar's toolkit.

Jun 8, 2026 8 min read
An interview room table with a stack of folders and forms arranged for review.
PM-602-0199

Building a Discretion Record for AOS After PM-602-0199

USCIS's new discretion memo has turned the I-485 interview from a confirmation of statutory eligibility into a discretionary contest. The applicants who clear it will be the ones who arrive with a documented record of taxes, ties, character, and equities — assembled before the notice arrives, not after.

Jun 8, 2026 8 min read
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H-1B

Mass. Court Vacates $100,000 H-1B Fee Proclamation Nationwide

A federal judge in the District of Massachusetts, ruling on summary judgment in a 20-state coalition suit led by California, vacated the Trump proclamation imposing a $100,000 fee on H-1B petitions filed from abroad. The court held the fee is a tax — and only Congress can levy one.

Jun 8, 2026 9 min read
U.S. Citizenship and Immigration Services seal and wordmark.
PM-602-0199

USCIS Walks Back AOS Discretion Memo Within 24 Hours

USCIS issued Policy Memorandum PM-602-0199 on May 21, told the press the next morning that adjustment would be granted only in 'extraordinary circumstances,' then walked the statement back by afternoon. Immigration attorneys say the sequence — memo, press release, clarification, interview — left adjudicators and applicants reading from four different scripts.

Jun 8, 2026 7 min read
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Dorcas v. USCIS

Judge Vacates USCIS 39-Country Pause

Chief Judge John J. McConnell Jr. struck down four USCIS policies that had frozen benefits, asylum, and re-review processing for nationals of 39 countries. The relief is nationwide — but the post-CASA fight over whether one district judge can do that is far from settled.

Jun 6, 2026 9 min read
An open three-ring binder of USCIS policy documents on a wooden desk.
PM-602-0199

USCIS Adjustment Memo PM-602-0199, Explained

USCIS Policy Memorandum PM-602-0199 reframes adjustment of status as an 'extraordinary' discretionary benefit, instructing officers to weigh prior status violations, intent at entry, and consular-processing alternatives. Practitioners say it rewrites the statute by memo — and a federal-court challenge is being prepared.

Jun 6, 2026 8 min read