Tsang & Associates, PLC

09/03/2026

USCIS's final rule ending duration of status for F-1 and J-1 nonimmigrants takes effect September 15, 2026, and it changes how our clients, and their employers, need to track immigration status going forward.

Where F-1 and J-1 status previously ran for the "duration of status" shown on Form I-20 or DS-2019, admission will now carry a fixed end date tied to the program end date or EAD expiration. Employers sponsoring OPT, STEM OPT, or J-1 employees for H-1B or permanent residence will need to track two separate dates rather than one, and will need to update I-9 compliance practices accordingly.

A 6-month transition period applies for OPT filed before March 17, 2027, and the grace period following a program's end has been shortened from 60 to 30 days, tightening timelines for status extensions and H-1B filings tied to cap-gap.

Our team is reviewing every F-1 and J-1 client file to confirm continued eligibility for OPT, STEM OPT, and cap-gap benefits ahead of the September 15 effective date.

Provided by Attorney Grace, Tsang & Associates.

09/02/2026

Self-sponsoring your own H-1B? Here's what it actually takes.

A small business owner came to us wanting to self-sponsor his own H-1B, but his background was in design and IT, while the company he'd formed specializes in construction.

USCIS's standards for adjudicating H-1B self-sponsorship cases are still developing, so there was no clear playbook for what an officer would focus on.

We aligned the job duties with the company's real business needs, showed it could realistically turn a profit, and proved he was the right person to lead it.

Two months later, the case was approved.

If you're self-sponsoring an H-1B through your own business, build the business plan first. It's what carries the case.

08/31/2026

08/31/2026

We just helped another green card holder reenter the U.S. instead of gambling on an SB-1 visa.

His wife works at a U.S. consulate, and she already knew the truth: even with a strong case, SB-1 approval odds are close to zero.

Here's why. Approving an SB-1 means issuing a brand new green card, and consulates just don't like doing that, no matter how reasonable the case looks on paper.

So instead of filing an SB-1, we helped him plan a return through the border as a returning permanent resident.

Even when SB-1s do get approved, clients regret it. It's a whole new green card process: joint sponsor, USCIS investigation, biometrics, every civil document redone from scratch.

If you've been outside the U.S. for a while and need to come home, talk to an attorney before you travel. These reentries carry real risk.

08/28/2026

At a CBP liaison meeting at LAX, we learned something that hasn't been reported anywhere else, and it's genuinely concerning.

If you're a green card holder with an arrest or conviction record, CBP used to be able to say "we can't clear this up right now," let you enter the country, and send you to a deferred inspection appointment later to sort it out.

That policy is changing. Officers now have to make a determination on the spot, and if they can't get an answer from legal counsel fast enough, you get referred to ICE, where detention is a real possibility.

We're already seeing green card holders whose convictions were cleared years ago get detained, simply because they didn't have their certified court paperwork on them at the border.

If you have any arrest or conviction record, always carry your certified court disposition when you travel internationally, and talk to an immigration attorney first.

07/20/2026

The Trump administration just issued a final rule to end what it calls "foreign student visa abuse." Here's what it actually means for international students 👇

For 30+ years, F-1 students entered on "duration of status." You came to study, and you could keep extending, switch schools, and figure things out as you went.

That's changing.
→ Bachelor's students get a visa capped at 4 years
→ Want to move up to a master's? You now formally apply with USCIS, pay filing fees, maybe premium processing. Thousands of dollars.
→ Grace period cut from 60 days to 30 to find a job, OPT, or a new school
→ Switching schools and Day-1 CPT just got much harder

07/17/2026

Laid off on an H-1B, he sold his car, closed his accounts, and bought a plane ticket to leave the US, then a new employer showed up out of nowhere.

We had to switch him from a pending tourist application back to H-1B and prove he never used tourist status to job-hunt, one of the toughest filings out there right now. We buried the officer in timestamped proof, it got approved, and he's still here working. ✅

07/17/2026

⚠️ F-1留學生注意！新規將生效，Grace Period從60天縮短至30天

美國國土安全部（DHS）於7月16日公布 F、J類非移民身分相關 Final Rule。

https://www.dhs.gov/news/2026/07/16/trump-administration-issues-final-rule-end-foreign-student-visa-abuse

這項更新方向與我們上個月參加 AILA 會議時提到的內容基本一致。

新規將於刊登至 Federal Register 後 60天正式生效。
重點整理：

📌 1. D/S制度 → 固定期限
F-1 未來將不再以 D/S（Duration of Status）維持身分，而是改為固定期限管理，最長不超過4年。如需延長停留時間，需向 USCIS 申請延期。

📌 2. Grace Period：60天 → 30天
F-1 畢業或 OPT 結束後的寬限期，將從60天縮短至30天。

📌 3. 學業變更限制增加
轉學、變更學習項目等安排，未來可能面臨更多限制與審核。

📌 4. 生效時間
Final Rule 將刊登於 Federal Register，並於刊登後60天生效。

如果你近期準備畢業、申請 OPT、繼續升學或規劃留美安排，建議提前留意政策變化。

*以上內容僅供資訊參考，不構成法律意見。如有個人移民需求，建議諮詢專業移民律師。

#美國留學 #美國留學生 #美國國際生

07/14/2026

H-1B APPROVAL ALERT!

Our business immigration team, led by Attorney Grace and Attorney Lisa, just secured an H-1B approval for a talented Creative Writer.

Founder-sponsored cases are held to a higher standard. When the person being sponsored is also an owner of the company, USCIS scrutinizes whether a genuine employer-employee relationship truly exists. On top of that, the company was young and had only recently become profitable. A lot of firms would call this an uphill battle.

Here's how we did it:

→ We built the foundation, not just the filing. We worked with the client to develop a business plan that clearly explained why the company is now positioned to grow, mapping out its scope, financial projections, and future hiring.

→ We structured the company for success. We prepared an operating agreement and corporate documents establishing a manager-managed LLC, defining the roles and authority in a way that supports a bona fide employment relationship.

→ We were strategic from day one. During the registration stage, we conducted a wage level analysis and positioned the role appropriately, then aligned the job duties, business scope, and required qualifications so the complexity of the position was fully supported.

→ We told a clear, consistent story. From corporate records to contracts and invoices, every piece of evidence reinforced the same narrative.

The result: an approval, issued quickly, with no Request for Evidence.

07/13/2026

超齡兩天，子女如何獲批綠卡？

這位申請人在跟隨父母申請 EB-5 綠卡時，表面上已經超過 21 歲兩天。

經過我們律所團隊仔細分析案件時間線，我們運用移民局審理時間（Pending Time）及閏年天數計算，成功將 CSPA 年齡鎖定在 21 歲以下，最終順利獲批綠卡！🎉

根據移民局 2025 年 8 月 Policy Memo 最後一段內容，如果申請延誤是因 extraordinary circumstances（特殊情況）造成，移民局仍可能酌情按照表 B 鎖齡進行判斷，並非所有錯過時間點的案件都完全沒有機會。

📍Tsang and Associates, PLC 臧迪凱聯合律所｜洛杉磯

#超齡綠卡 #美國綠卡