ClinchLaw Immigration News

USCIS Can Now Deny Immigration Applications Without Issuing RFEs — Policy Effective Immediately

USCIS Policy Alert PA-2026-05, issued August 5, 2026, restores officers' discretion to deny immigration benefit requests outright without first issuing a Request for Evidence or Notice of Intent to Deny. The sweeping policy reversal applies to all pending and new applications, shortens RFE response deadlines, and eliminates the 14-day international mail grace period — raising the stakes for every immigration filing.

August 12, 2026Read article

Latest News

Green Card

Federal Court Rules 75-Country Green Card Freeze Unlawful as New Public Charge Rule Looms for September 18

A federal judge in Washington, D.C., declared the State Department's blanket green card freeze affecting 75 countries unlawful on July 31, finding that Secretary Rubio exceeded his authority under the INA. Meanwhile, a sweeping new DHS public charge rule taking effect September 18, 2026, will broaden the benefits USCIS officers can weigh in green card decisions — including Medicaid, SNAP, and housing assistance — creating an urgent filing calculus for applicants nationwide.

Aug 11, 20267 min read

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Court Decisions

Federal Court Narrows Relief in One Big Beautiful Bill Act Litigation, Allows TPS EAD Caps But Blocks Asylum Fee Penalties

On August 5, 2026, the U.S. District Court for the District of Massachusetts ruled that USCIS may enforce the one-year cap on TPS-based employment authorization documents under the One Big Beautiful Bill Act, while blocking enforcement of penalties tied to the Annual Asylum Fee. The split decision supersedes an earlier July 21 administrative stay and carries immediate implications for TPS holders from El Salvador, Ukraine, and Sudan, as well as pending asylum applicants nationwide.

Aug 11, 20266 min read

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USCIS Updates

USCIS Can Now Deny Immigration Applications Without Issuing RFEs Under Sweeping New August 5 Policy

USCIS Policy Alert PA-2026-05, effective August 5, 2026, restores officers' discretion to deny immigration benefit requests outright—without first issuing a Request for Evidence or Notice of Intent to Deny—when filings are incomplete or fail to establish eligibility. The policy applies to both pending and newly filed applications, eliminating a critical safety net that applicants have relied on for years.

Aug 11, 20267 min read

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USCIS Updates

USCIS Mandatory E-Filing Rule Takes Effect Today: What Immigrants and Applicants Need to Know

An interim final rule effective August 11, 2026, authorizes USCIS to mandate electronic filing for immigration forms that have been available online for at least 180 days. The rule aims to save an estimated $518 million annually while strengthening national security screening. Applicants unable to file online can request a waiver using the new Form I-936.

Aug 11, 20266 min read

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Visa News

USCIS Advances Proposed Rule to Eliminate 60-Day Grace Period for H-1B and Other Work Visa Holders

The Department of Homeland Security submitted a proposed rule on August 6, 2026, for White House review that would eliminate the 60-day grace period currently available to H-1B, L-1, O-1, TN, and other employment-based nonimmigrant visa holders after job loss. If finalized, foreign workers who lose their jobs could face immediate consequences to their immigration status, with no transitional window to find a new employer or change status.

Aug 11, 20267 min read

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Visa News

DHS Moves to Eliminate 60-Day Grace Period for Nonimmigrant Workers and Expands 9/11 Fee to H-1B, L-1 Extensions

The Department of Homeland Security announced two major policy changes on August 7, 2026: a proposed rule to eliminate the 60-day grace period for nonimmigrant workers who lose their jobs, and a final rule expanding the 9/11 Response Fee to H-1B and L-1 extension petitions. Together, these actions signal continued tightening of legal immigration pathways and carry significant consequences for hundreds of thousands of foreign workers and their employers.

Aug 10, 20266 min read

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Visa News

First Circuit Keeps $100,000 H-1B Fee Blocked as Proclamation's September Expiration Looms

The First Circuit Court of Appeals denied the government's motion to stay the district court's ruling that vacated the $100,000 H-1B fee as an unlawful tax, leaving employers with temporary relief but looming uncertainty as Presidential Proclamation 10973 nears its September 20, 2026 expiration date. Employers who previously paid the fee are being advised to preserve records and consult counsel about potential refund recovery.

Aug 10, 20267 min read

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Court Decisions

Federal Court Upholds OBBBA's One-Year TPS Work Permit Cap, But Blocks Asylum Application Rejections for Fee Nonpayment

On August 5, 2026, a federal judge in Massachusetts declined to block the One Big Beautiful Bill Act's one-year cap on TPS-based work permits, ruling USCIS was implementing a congressional directive. However, the court granted limited nationwide relief for asylum applicants, preventing USCIS from rejecting applications solely for nonpayment of the Annual Asylum Fee. Plaintiffs have already filed notice of appeal to the First Circuit.

Aug 10, 20266 min read

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Green Card

State Department Launches Public Charge Bond Pilot Program Requiring Up to $250,000 From Immigrant Visa Applicants

The U.S. State Department has launched a pilot program in the Dominican Republic allowing consular officers to require immigrant visa applicants found inadmissible on public charge grounds to post bonds of $100,000 to $250,000 with USCIS. The program follows January 2026's suspension of immigrant visa processing for 75 countries and is expected to expand to additional locations.

Aug 10, 20267 min read

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USCIS Updates

USCIS Can Now Deny Immigration Applications Without Issuing RFEs — Policy Takes Effect Immediately for All Pending and New Cases

On August 5, 2026, USCIS issued Policy Alert PA-2026-05 restoring officers' full discretion to deny immigration benefit requests—including H-1B petitions, green card applications, and work permits—without first issuing a Request for Evidence or Notice of Intent to Deny. The policy applies immediately to all pending and newly filed cases, eliminating the safety net that previously gave applicants a chance to cure deficiencies before denial.

Aug 10, 20267 min read

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