U.S. Immigration Alerts

FGI UPDATE: This Week’s Summary of U.S. Immigration News

Trump Administration Considers Halting Immigration and Customs Processing at Airports in Sanctuary Cities

The Trump administration is developing plans that could stop immigration and customs processing for international travelers and cargo at major U.S. airports located in so-called “sanctuary cities”—jurisdictions that limit cooperation with federal immigration enforcement efforts. Homeland Security Secretary Markwayne Mullin said the proposal is intended to pressure local governments to assist with the administration’s crackdown of immigration, although no final decision has been made. If implemented, the move could significantly disrupt international air travel, cargo operations, tourism, and business activity at some of the nation’s busiest airports. 

Key Points

• Proposed Enforcement Measure: The Department of Homeland Security is drawing up plans to stop processing international passengers and cargo at airports located in sanctuary cities. Secretary Markwayne Mullin emphasized that the proposal remains under consideration and has not yet been implemented. 
• Targeted Locations: Airports in cities such as Los Angeles, New York City, Newark, Chicago, Denver, Philadelphia, Seattle, and San Francisco were identified as possible locations that could be affected. These airports serve as major international gateways and handle substantial passenger and cargo traffic. 
• Connection to Immigration Enforcement: The administration argues that cities that refuse to cooperate with federal immigration enforcement should not continue receiving federal customs and immigration processing services. The proposal is part of a broader effort to increase pressure on state and local governments that maintain sanctuary policies. 
• Potential Impact on Travel and Commerce: Suspending customs and immigration processing would effectively halt most international arrivals at affected airports. Such a move could disrupt passenger travel, global supply chains, and international cargo shipments entering the United States. 
• Industry and Legal Concerns: Airlines, business organizations, and travel industry groups have warned that the proposal could create widespread operational disruptions and economic damage. Legal experts have also questioned whether the federal government could lawfully use airport operations as a tool to penalize jurisdictions for their sanctuary policies. 

What Employers Need to Know

• Business Travel Disruptions: Employers with international business travelers could face significant disruptions if international flights are rerouted away from major metropolitan airports. Travel schedules, costs, and logistical planning may become substantially more complicated for organizations with global operations. 
• Impact on Foreign National Employees: Companies that rely on foreign national workers may encounter additional challenges when employees enter or return to the United States through affected airports. Delays and reduced entry options could complicate business travel, assignments, and workforce mobility planning. 
• Supply Chain Considerations: Employers dependent on international cargo shipments may experience delays if customs processing is suspended at key transportation hubs. Industries relying on time-sensitive imports could be particularly vulnerable to disruptions. 
• Planning Uncertainty: Because no final policy has been adopted, employers should monitor developments closely while avoiding assumptions about implementation timelines. Contingency planning may be prudent for organizations with substantial international travel or shipping needs. 

Looking Ahead

• Potential Legal Challenges: If the administration moves forward, lawsuits from states, cities, airlines, business groups, and affected stakeholders are likely. Courts may ultimately determine whether the federal government has authority to suspend customs and immigration services in this manner. 
• Economic and Tourism Effects: The proposal comes as the United States prepares to host major international events, including the FIFA World Cup. Any restrictions on international arrivals could affect tourism revenue, business travel, and the country’s reputation as a destination for global visitors. 
• Federal-State Tensions: The dispute reflects the continuing conflict between federal immigration enforcement priorities and local sanctuary policies. Additional legal, political, and administrative actions targeting sanctuary jurisdictions may emerge regardless of whether this specific proposal proceeds. 
• Possibility of Modification or Withdrawal: Opposition from industry groups, airlines, and even some administration officials may influence the final outcome. The administration could ultimately revise, delay, or abandon the proposal if concerns about economic and operational consequences outweigh perceived enforcement benefits. 

The Trump administration’s consideration of suspending immigration and customs processing at airports in sanctuary cities represents one of the most aggressive proposals yet aimed at increasing local cooperation with federal immigration enforcement. While still under review, the plan has generated significant concern among airlines, businesses, legal experts, and local governments because of its potential impact on international travel, commerce, and workforce mobility. Employers with international operations should continue monitoring developments closely, as any implementation could have substantial consequences.

SOURCE: www.reuters.com/legal/government/us-drawing-up-plans-halt-immigration-customs-processing-sanctuary-city-airports-2026-05-27/?utm_source=chatgpt.com

U.S. Visa Application Website Issues Cause Global Visa Processing Delays

Technical problems affecting one of the U.S. State Department’s primary visa scheduling platforms are causing significant disruptions for visa applicants around the world. The issues, which have intensified in recent weeks, are preventing many individuals from accessing visa scheduling systems, paying application fees, and securing interview appointments at U.S. embassies and consulates. The disruptions come at a time of heightened travel demand ahead of the summer travel season and the 2026 FIFA World Cup, raising concerns about delays for business travelers, students, tourists, and employers relying on international workforce mobility. 

Key Points

• Global Website Outages: One of the State Department’s primary visa scheduling platforms, USTravelDocs.com, is experiencing ongoing technical issues affecting applicants worldwide. The problems have become significantly worse in recent weeks and are impacting multiple countries that rely on the platform for visa processing. 
• Applicant Access Problems: Users are reporting lengthy virtual waiting rooms, login failures, payment-processing errors, and website crashes. In many cases, applicants are unable to access their accounts altogether, preventing them from paying visa fees or scheduling visa interviews. 
• Countries and Consulates Affected: Many U.S. embassies and consulates use USTravelDocs.com for fee collection and interview scheduling, including posts in India, Australia, Japan, Germany, Switzerland, and numerous other countries. As a result, the disruptions have broad implications across the global visa-processing network. 
• Additional Immigrant Visa Issues: Technical problems are not limited to nonimmigrant visa processing. The State Department’s Consular Electronic Application Center (CEAC), which immigrant visa applicants use to submit Form DS-260, has also experienced technical difficulties that have affected access for some applicants. 
• State Department Response: The State Department has acknowledged the system issues and indicated that technical specialists are working to resolve them. While access has improved for some users, disruptions continue to affect visa applicants globally. 

What Employers Need to Know

• Business Travel Delays: Employers with employees requiring visa appointments abroad should anticipate potential delays in obtaining visa interview dates and completing visa processing. These disruptions could affect business travel schedules, international assignments, and project timelines. 
• Foreign National Workforce Planning: Companies employing foreign nationals who require visa stamping or consular processing may experience increased uncertainty regarding travel and reentry planning. Delays in scheduling appointments can create challenges for workforce mobility and employee deployment. 
• Employee Communication Is Critical: Employers should encourage affected employees to monitor official visa scheduling systems regularly and document any technical issues encountered. Maintaining clear communication regarding travel expectations and contingency plans may help minimize disruptions. 
• Potential Impact on Recruitment and Transfers: Organizations relying on international hires, intracompany transfers, or foreign-based talent may face additional processing delays if visa appointments cannot be scheduled promptly. Workforce planning assumptions may need to account for longer lead times than usual. 

Looking Ahead

• Continued Processing Backlogs: Even after technical issues are resolved, embassies and consulates may need time to address accumulated appointment demand. This could result in lingering delays as applicants compete for newly available interview slots. 
• Peak Travel Season Pressure: The timing of these disruptions coincides with increased summer travel demand and preparations for the 2026 FIFA World Cup. Higher application volumes could further strain scheduling systems and appointment availability. 
• Broader Mobility Concerns: The website issues add to existing challenges facing visa applicants, including longer processing times and enhanced screening measures at some consular posts. Together, these factors may continue to complicate international mobility planning for employers and travelers. 
• System Improvements May Follow: The widespread nature of the disruptions may prompt further investment in visa scheduling infrastructure and system reliability. Future updates could focus on reducing outages, improving user access, and enhancing processing efficiency during periods of high demand. 

Ongoing technical issues affecting USTravelDocs.com and other State Department visa-processing systems are creating significant obstacles for visa applicants worldwide. The disruptions are preventing many individuals from paying fees, scheduling interviews, and completing required application steps at a time when visa demand is already elevated. Employers, foreign nationals, and international travelers should closely monitor developments and plan for potential delays until the State Department fully resolves the technical problems and normal processing operations resume. 

SOURCE: www.business-standard.com/immigration/applying-for-a-us-visa-website-outages-are-causing-delays-worldwide-126060200316_1.html

USCIS Adjustment of Status Memo Raises Questions for EB-5 Investors, But Statutory Protections Remain Strong

A new USCIS policy memorandum issued on May 21, 2026, reemphasizes that adjustment of status (AOS) is a discretionary immigration benefit rather than an entitlement, even when applicants meet all statutory eligibility requirements. The memorandum has generated concern among immigration practitioners because it signals a heightened focus on discretionary review of Form I-485 applications. However, for EB-5 investors, the memo also acknowledges a critical distinction: Congress specifically enacted INA §245(n), which permits certain EB-5 investors to file adjustment applications concurrently with their immigrant investor petitions when visas are immediately available. As a result, while EB-5 investors may face increased scrutiny during adjudication, the underlying statutory framework that allows concurrent filing and adjustment of status remains unchanged.

Key Points

• Adjustment of Status Remains a Discretionary Benefit: USCIS reiterates that adjustment of status is not automatically granted simply because an applicant satisfies the statutory requirements. Officers must still determine whether an applicant merits a favorable exercise of discretion based on the totality of the circumstances. 
• The Memo Specifically Addresses EB-5 Investors: Unlike many discussions surrounding employment-based immigration generally, the memorandum expressly acknowledges Congress’s creation of INA §245(n). USCIS notes that this provision allows qualifying EB-5 investors to file adjustment applications concurrently with immigrant petitions when an immigrant visa is immediately available. 
• Congress Created a Unique EB-5 Exception: The memorandum characterizes INA §245(n) as a narrow statutory exception to the traditional immigration process. By specifically referencing the EB-5 adjustment framework, USCIS implicitly recognizes that Congress deliberately provided investors with adjustment rights that do not depend solely on agency policy. 
• Concurrent Filing Remains Available: Nothing in the memorandum eliminates the ability of eligible EB-5 investors to file Form I-526E and Form I-485 concurrently. Investors in reserved visa categories, including rural, high-unemployment, and infrastructure projects, may continue to benefit from concurrent filing when visa numbers remain current. 
• The Law Has Not Changed: The memorandum does not amend INA §245, repeal INA §245(n), or create new statutory eligibility requirements for EB-5 investors. Instead, it focuses on how officers should exercise discretion when reviewing adjustment applications that have already met the legal filing requirements. 

What Employers and EB-5 Stakeholders Need to Know

• EB-5 Filing Rights Continue to Exist: The memorandum confirms that Congress specifically authorized concurrent filing for qualifying EB-5 investors. As a result, the policy does not eliminate one of the most significant advantages created by the EB-5 Reform and Integrity Act framework. 
• Discretionary Review May Receive Greater Attention: While investors may continue filing adjustment applications, USCIS officers are being reminded to evaluate discretionary factors carefully. Issues involving immigration history, compliance with prior immigration requirements, misrepresentations, or other adverse factors could receive increased scrutiny. 
• Employment Authorization and Advance Parole Benefits Remain Available: Investors who properly file adjustment applications may still obtain employment authorization and advance parole benefits while their cases are pending. The memorandum does not alter the statutory basis for these benefits or eliminate eligibility for qualifying applicants. 
• Case Preparation Is More Important Than Ever: Investors should ensure that adjustment applications are thoroughly documented and free from inconsistencies that could raise discretionary concerns. Strong compliance records and careful preparation may become increasingly valuable if USCIS officers adopt a more rigorous discretionary review standard. 

Looking Ahead

• Implementation Will Determine the Real Impact: The memorandum largely restates existing law regarding discretionary authority. The practical significance for EB-5 investors will depend on whether adjudicators begin applying discretion more aggressively than they have in recent years. 
• INA §245(n) May Become a Central Legal Safeguard: Because Congress expressly enacted adjustment-of-status protections for EB-5 investors, many practitioners view the statute as a significant limitation on how far agency policy can restrict investor filings. Future disputes may focus on the relationship between statutory rights and administrative discretion. 
• Potential Litigation Could Clarify the Limits of Discretion: If USCIS uses the memorandum to deny adjustment applications in ways that appear inconsistent with congressional intent, legal challenges may follow. Courts could ultimately be asked to determine how much discretion the agency may exercise when Congress has specifically authorized adjustment eligibility. 
• EB-5 Adjudications Will Be Closely Monitored: Immigration attorneys, regional centers, and investors are expected to track approval rates, requests for evidence, and denial trends closely. These developments will provide the clearest indication of whether the memorandum represents a meaningful shift in EB-5 adjudication practices. 

USCIS Policy Memorandum PM-602-0199 reinforces the agency’s position that adjustment of status is a discretionary benefit, but it also acknowledges the unique statutory protections that Congress created for EB-5 investors through INA §245(n). While the memo may signal increased scrutiny of discretionary factors during adjustment adjudications, it does not eliminate concurrent filing, alter EB-5 eligibility requirements, or revoke the adjustment-of-status framework established by Congress. For EB-5 investors, the most important takeaway is that although USCIS may apply greater discretionary review going forward, the statutory foundation supporting adjustment of status under the EB-5 program remains firmly in place.

SOURCE:www.uscis.gov/sites/default/files/document/memos/PM-602-0199-AdjustmentOfStatusAndDiscretion-20260521.pdf

State Department Announces FY 2026 EB-2 Visa Limit Reached for India

The U.S. Department of State (DOS), working in coordination with USCIS, has announced that all available Employment-Based Second Preference (EB-2) immigrant visas for applicants chargeable to India have been issued for fiscal year (FY) 2026. As a result, U.S. embassies and consulates can no longer issue EB-2 immigrant visas to Indian nationals for the remainder of the fiscal year, which ends on September 30, 2026. The annual visa allocation will reset on October 1, 2026, when FY 2027 begins and new immigrant visa numbers become available.

Key Points

• FY 2026 EB-2 India Allocation Has Been Exhausted: DOS confirmed that all immigrant visas available under the EB-2 category for Indian nationals have been issued for FY 2026. This means no additional EB-2 immigrant visas can be granted to India-chargeable applicants until the start of the next fiscal year. 
• Per-Country Limits Drove the Cutoff: U.S. immigration law imposes both worldwide employment-based visa limits and per-country allocation limits. Once India’s available EB-2 numbers were fully utilized, DOS was required to stop issuing additional visas in that category for the remainder of the fiscal year. 
• Consular Processing Is Immediately Affected: U.S. embassies and consulates worldwide may not issue EB-2 immigrant visas to India-chargeable applicants through September 30, 2026. Qualified applicants will remain eligible for visa issuance once new visa numbers become available in FY 2027. 
• This Follows Earlier Visa Bulletin Warnings: The June 2026 Visa Bulletin warned that high demand and visa usage in the EB-2 India category could result in retrogression or unavailability before the fiscal year ended. The announcement confirms that demand ultimately exhausted all available numbers for FY 2026. 
• The Situation Is Not Unprecedented: DOS has previously announced the exhaustion of employment-based visa numbers before the end of a fiscal year when demand exceeded available allocations. Similar announcements have occurred in prior years when annual limits were reached. 

What Employers Need to Know

• Green Card Approvals May Be Delayed: Employers sponsoring Indian nationals under the EB-2 category should expect delays in final green card issuance and immigrant visa processing until new visa numbers become available on October 1, 2026. Cases may continue moving through portions of the adjudication process but cannot receive final approval without an available visa number. 
• Adjustment of Status Applicants May Remain in Process: USCIS may continue accepting and processing eligible adjustment-of-status applications where filing remains authorized. However, final approval generally cannot occur until a visa number becomes available again. 
• Work Authorization and Travel Benefits Typically Continue: Applicants with pending adjustment-of-status applications may remain eligible for related benefits such as employment authorization and advance parole, depending on their individual circumstances. Employers should continue monitoring employee immigration timelines closely. 
• Long-Term Workforce Planning Remains Essential: The announcement highlights the continuing challenges posed by employment-based visa quotas and per-country limits. Organizations employing large numbers of Indian professionals should continue building flexibility into workforce and immigration planning strategies. 

Looking Ahead

• Visa Numbers Will Reset on October 1: The most immediate development will occur at the start of FY 2027, when a new annual allocation of employment-based immigrant visas becomes available. At that point, DOS and USCIS will be able to resume approving qualifying EB-2 India cases that have visa numbers available. 
• Future Visa Bulletin Movements Will Be Closely Watched: Immigration practitioners and applicants will closely monitor future Visa Bulletins to determine how DOS allocates FY 2027 visa numbers and whether meaningful forward movement becomes possible in the EB-2 India category. 
• Backlog Pressures Are Likely to Continue: Strong demand for employment-based immigrant visas from Indian nationals continues to exceed available annual allocations. Unless Congress changes the underlying visa quota system, visa retrogression and allocation challenges are likely to remain recurring issues. 
• Spillover and Redistribution Will Remain Important Factors: Future movement in the EB-2 India category may depend in part on the availability of unused employment-based immigrant visa numbers from other countries and categories. Immigration stakeholders will be watching closely to see whether FY 2027 produces additional visa availability beyond India’s baseline allocation. 

The State Department’s announcement that all FY 2026 EB-2 immigrant visas for India have been issued marks a significant development for employers, foreign nationals, and immigration practitioners. While the decision does not affect underlying eligibility for permanent residence, it temporarily halts final visa issuance and green card approvals in the EB-2 India category until the beginning of FY 2027. Employers with affected employees should continue monitoring visa bulletin developments and prepare for continued delays as the employment-based immigration system works through ongoing demand and quota limitations. 

The content of this article is intended only to provide a general guide to the subject matter. It should not be construed as legal advice. Please contact FGI at info@employmentimmigration.com or (+1) 248.643.4900 for guidance if you have specific questions.