Miranda & Maldonado, P.C., 5915 Silver Springs Bldg 7, El Paso, TX (2026)

10/07/2026

DHS proposes a $70,000 fee for initial OPT participation—a potentially significant change for international students, universities, and U.S. employers.

On October 7, DHS announced a proposal to impose new fees on Optional Practical Training (OPT), which allows eligible F-1 students to gain work experience related to their field of study.Under the proposal, SEVP-certified schools would pay:

• $70,000 when initially recommending a student for OPT.

• $30,000 for each subsequent OPT recommendation.These are proposed fees.

They are not yet in effect. DHS’s announcement does not itself create a new payment requirement.

From an immigration planning perspective, fees of this size could substantially affect schools’ ability to support OPT and employers’ ability to recruit graduates educated in the United States. For students, the uncertainty could influence decisions about where to study and how to begin their careers.

Students, university officials, and employers should closely review the proposed rule, consider participating in the public comment process, and evaluate how a final rule could affect their plans . The practical question is whether this proposed approach would also limit opportunities for U.S. universities and businesses.

10/05/2026

USCIS now treats applying for your green card from inside the U.S. as a strike against you.

Not a rumor. Its written policy, and as of yesterday, its in federal court. For almost 75 years, if you were eligible to adjust status here, you could do it without that choice being held against you. Congress built that process so families didn't have to split up and workers didn't have to walk away from their jobs to get a green card. In May, USCIS changed that with one memo.

🚨 PM-602-0199 (May 21, 2026) calls adjustment of status extraordinary relief and an act of administrative grace. If consular processing is available to you, staying here to file counts against you. To overcome it, you need unusual or even outstanding equities. A clean record isn't enough on its own. On H-1B or L-1? There is a dual-intent exception. But the memo says keeping your status isn't enough by itself either.

🚨 PA-2026-05 (August 5, 2026) removed the safety net. Officers no longer have to send an RFE or NOID before denying, and the policy applies to cases already pending. That includes people who filed long before anyone told them they'd have to justify not leaving the country.

Put the two together:

➡️ The rules changed after you filed.

➡️ You may never get a chance to respond.

➡️ A denial can mean losing your work permit and travel permission immediately.

This isn't hypothetical. The complaint describes applicants questioned at interviews about why they didn't go abroad, and a woman USCIS found fully eligible who was denied anyway. On October 5, AILA, the American Immigration Council, Democracy Forward sued on behalf of unions, educators, and six green card applicants (AAUP v. Mullin, No. 1:26-cv-14527, D. Mass.).

They're asking the court to block both policies immediately and strike them down.

If you have a green card case pending or coming up, here's what Id do right now:

✔️ File as if you'll get zero second chances, because you might not.

✔️ Build your equities into the record from day one: family, job, years here, community, hardship.

✔️ Filed before May 21? Ask your attorney today whether to supplement your file.

✔️ Don't choose between adjustment and consular processing without advice on your specific case.

I'm watching this case closely and will post updates. If this affects you, your family, or your employees, reach out. Don't wait for a denial.

General information only, not legal advice for any specific case.

10/02/2026

🛂 Heads up, travelers: CBP is phasing out passport stamps.

As of October 1, 2026, CBP will no longer routinely stamp passports at primary inspection. Your proof of entry is now your electronic I-94.

What to do after every trip to the U.S.:

📲 Download your I-94 at i94.cbp.dhs.gov or on the CBP Link app

🔍 Check your name, passport number, visa type, and admit until date

⚠️ Spot a mistake? Get it fixed right away. Errors can cause problems with jobs, extensions, drivers licenses, and green card applications.

Need a physical stamp for a specific reason? You can still ask for one.

Less paperwork at the airport, but more responsibility on you to keep your records straight.

09/29/2026

October 2026 Visa Bulletin: FY 2027 opens with big gains for Mexico, and a setback for EB-2 and EB-3.

The new fiscal year brought fresh visa numbers, but not every category moved forward. Here's what changed from September (Final Action Dates unless noted).

**🔻 The headline: employment-based retrogression**
• EB-2 (Rest of World, Mexico, Philippines): **Current → 01JAN25**
• EB-3 (Rest of World, Mexico): 01SEP24 → **15MAY24**
• EB-3 Other Workers (Rest of World, Mexico): 01APR22 → **01JAN22**

If your EB-2 or EB-3 case was current in September and wasn't approved in time, check the priority date again. It may no longer be current.

**🇲🇽 Strong movement for Mexico (family-based)**
• F1: 01JAN08 → **08SEP08** (+8 months)
• F2A: 22AUG25 → **22MAR26** (+7 months)
• F2B: 15FEB09 → **15MAY10** (+15 months)
• F4: 08APR01 → **22APR01**
• F3: no change (01JUL01)

**Other notable moves**
• India EB-2 returns from "Unavailable" to **01NOV13**, and India EB-5 Unreserved returns to **01DEC23**
• India EB-1: 15OCT22 → **01FEB23**
• Philippines family categories advanced across the board, including F4 (22AUG07 → **15MAY08**)
• EB-4 Final Action Date holds at 15DEC22
• EB-4 Religious Workers (SR) is extended through **December 11, 2026** under H.R. 6500

**📋 Filing an I-485 this month? Use the Dates for Filing chart.**
USCIS has confirmed it will accept adjustment of status applications under the **Dates for Filing** chart for October 2026, for **all family-sponsored and all employment-based categories**.

Key Dates for Filing:
• F2A: **Current** for all countries
• Mexico: F1 01DEC08 | F2B 22MAR11 | F3 01DEC02 | F4 30APR01
• EB-2 (Rest of World, Mexico, Philippines): **15MAR26**
• EB-3 (Rest of World, Mexico): **01AUG24** | Other Workers: 01JUN22
• EB-4: **01JAN25** (up two years from 01JAN23)

This means some applicants whose Final Action Date isn't current yet can still file their I-485 now and apply for work and travel authorization while they wait.

If you have a pending petition, now is a good time to review your priority date with your attorney.

Miranda & Maldonado P.C. | El Paso, TX

*This post is for general information only and is not legal advice.*

08/23/2026

**September 2026 Visa Bulletin Released: What You Need to Know**

The U.S. Department of State (DOS) has officially released the **September 2026 Visa Bulletin**—the final bulletin of Fiscal Year 2026!

September brings massive forward movement for Family-Preference categories as officials work to maximize annual caps, while Employment-Based preferences remain largely frozen.

Here is a quick summary of the major changes between August and September 2026:

# # # **📈 Family-Based Preferences: Huge Forward Leaps**

To ensure full usage of available FY 2026 visa allocations, DOS significantly advanced priority dates across Worldwide, China, and India chargeability areas:

* **F1 (Unmarried Adult Sons/Daughters of USCs):** Jumped **+13.2 months** to **Jan 22, 2020** (Mexico advanced 1 month to **Jan 1, 2008**).

* **F2A (Spouses & Minor Children of LPRs):** Advanced **+1 month** to **Aug 22, 2026**, for most regions (Mexico advanced +1 month to **Aug 22, 2025**).

* **F2B (Unmarried Adult Sons/Daughters of LPRs):** Surged **+19.6 months** forward to **Aug 22, 2019**.

* **F3 (Married Sons/Daughters of USCs):** Advanced **+29.2 months** to **Oct 22, 2014**.

* **F4 (Brothers/Sisters of Adult USCs):** Advanced **+25.7 months** to **Oct 22, 2011**.

# # # **💼 Employment-Based Preferences: Holding Steady**

Most employment preference final action dates remained frozen to avoid exceeding FY 2026 numerical limits:

* **EB-1:** Unchanged. Worldwide/Mexico/Philippines remain **Current**. China holds at **July 1, 2023**, and India holds at **Oct 15, 2022**.

* **EB-2:** Unchanged. Worldwide/Mexico/Philippines remain **Current**. China holds at **Sept 1, 2021**, while India remains **Unavailable ("U")** for the rest of FY 2026.

* **EB-3 & Other Workers:** No movement across any chargeability areas.

* **EB-4 / Religious Workers:** Advanced **+2 months** across all regions to **Dec 15, 2022**.

* **EB-5 Unreserved & Set-Asides:** Unchanged. India remains **Unavailable ("U")** for unreserved, China holds at **Dec 1, 2016**, and all set-asides remain **Current**.

# # # **⚠️ Critical Updates & Year-End Warnings**

* **Official Limits Calculated:** DOS officially set the FY 2026 Employment-Based annual limit at **186,317**.

* **Retrogression Warning:** Heavy demand in **EB-1 India**, **EB-2 Worldwide**, and **EB-5 Unreserved** could force DOS to retrogress dates or declare categories completely **Unavailable** before the fiscal year ends on September 30, 2026.

08/18/2026

Headline: USCIS Issues New Guidance on Public Charge – Effective September 18, 2026

USCIS has released updated policy manual guidance regarding the "Public Charge" ground of inadmissibility, marking a significant shift for those applying for adjustment of status to lawful permanent resident.1

Effective September 18, 2026, the agency is rescinding the 2022 public charge regulations. The updated guidance reinforces the focus on congressional intent that aliens in the United States be self-sufficient and not dependent on government benefits.1

What does this mean for applicants?

USCIS officers will now conduct a case-by-case "totality of the circumstances" analysis. While no single factor is dispositive, officers will evaluate five statutory factors:1
Age
Health
Family status
Assets, resources, and financial status
Education and skills
Important Note on Benefits:

For means-tested public benefits received on or after September 18, 2026, USCIS will consider any and all such benefits in their determination.1

It is important to note that many categories of applicants, including refugees, asylees, and specific humanitarian categories, remain exempt from the public charge ground of inadmissibility.1

Applications postmarked or electronically submitted on or after September 18, 2026, will be subject to this updated guidance. If you are preparing to file for a green card, timing and documentation matter. If you have questions about how these changes affect your specific situation, our team at [Insert Firm Name] is available to help.

Disclaimer:
This post is for informational purposes only and does not constitute legal advice or an attorney-client relationship. Please consult with a qualified immigration attorney regarding your specific case.

08/13/2026

🚨 **CRITICAL IMMIGRATION UPDATE: Advance Parole & The 10-Year Bar** 🚨

If you or your clients travel on Advance Parole, there is a major legal shift you need to know about following a new BIA ruling (*Matter of Delcarmen-Lara*).

Here is a breakdown of what changed, what stayed the same, and what it means moving forward:

# # # 🔄 **The Old Rule vs. The New Rule**

* **The Old Rule (*Matter of Arrabally*):** Traveling on Advance Parole was **NOT** considered a "departure" for triggering the 3- or 10-year unlawful presence bars.

* **The New Rule (*Matter of Delcarmen-Lara*):** Traveling on Advance Parole **CAN** now be considered a "departure" for the 3- or 10-year bar. If an individual has accrued 1+ years of unlawful presence prior to travel, departing on Advance Parole could trigger the bar.

# # # 💡 **4 Key Takeaways You Need to Know**

1. **Unlawful Presence Required:** The 10-year bar only applies if the person accrued 1 year or more of unlawful presence before departing.

2. **Clock Can Run Inside the U.S.:** The 10-year bar starts on the date of departure, but it can run and expire even if the individual remains inside the U.S. (*Matter of Duarte-Gonzalez*).

3. **DACA Protections:** Periods under DACA (deferred action) generally do **NOT** accrue unlawful presence toward this bar.

4. **Reliance is Protected:** Trips taken before August 13, 2026—while *Matter of Arrabally* was active law—are protected. The new rule applies prospectively.

⚠️ **Important Reminder:** Every immigration case is unique. Anyone considering international travel on Advance Parole should consult with an experienced immigration attorney before leaving the U.S.

07/27/2026

AILA has received a number of reports over the past few days of individuals without lawful status, including those in a period of authorized stay based on pending applications, being detained at airports across the country while traveling domestically.

07/20/2026

The August 2026 Visa Bulletin is out!

The U.S. Department of State has officially released the Visa Bulletin For August 2026, bringing critical updates for everyone navigating the family-sponsored and employment-based immigration journeys.

Crucially, USCIS has already designated which charts must be used for Adjustment of Status (AOS) applications this month.

📅 Key USCIS Filing Instructions for August 2026

For Family-Sponsored Filings: For all family-sponsored preference categories, you must use the Dates for Filing chart.

For Employment-Based Preference Filings: For all employment-based preference categories, you must use the Final Action Dates chart.

💼 Employment-Based (EB) Highlights (Final Action Dates)

EB-1: Remains Current (C) for most areas, but China sits at 01JUL23 and India is at 15OCT22. Note: High demand means India's EB-1 could become unavailable in the coming weeks.

EB-2: Most chargeability areas remain Current (C), while China is at 01SEP21. India is marked as Unauthorized (U) for Final Action this month as demand continues to outpace the annual limit.

EB-3: The Final Action Date for the All Chargeability category and Mexico is holding at 01SEP24. China is at 01JAN22 and India is at 01JAN14.

🏡 Family-Sponsored Highlights (Dates for Filing)

F2A Category (Spouses & Children of Permanent Residents): Good news for those looking ahead—the Dates for Filing for the F2A category remain Current (C) across all chargeability areas this month!

Other Categories: Be sure to check your specific preference category (F1, F2B, F3, F4) against the Dates for Filing table to see if your priority date is early enough to submit your I-485 application.

🔍 What’s Next? As we approach the final stretch of the fiscal year (ending September 30), potential retrogressions or categories becoming "Unavailable" are still on the table as the government monitors annual numerical limits. Stay proactive and keep your documents ready!

07/16/2026

Trump Administration Issues Final Rule to End Foreign Student Visa Abuse

🚨 Major Update: DHS Ends "Duration of Status" for Foreign Student & Exchange Visas

The U.S. Department of Homeland Security (DHS) has officially published a final rule that fundamentally changes how student (F), exchange visitor (J), and media (I) visas are managed.

For nearly 50 years, these visa holders were admitted under "duration of status," allowing them to remain in the U.S. indefinitely as long as they maintained their student status. Under the new rule, this framework is officially being replaced by a fixed period of admission.

Here are the key changes you need to know:

Fixed Admission Caps: Nonimmigrant students (F) and exchange visitors (J) will now be admitted only for the length of their specific program, capped at a maximum of 4 years.

Mandatory Federal Extensions: If a student needs more time to complete their studies, they must formally apply for an Extension of Stay (EOS) directly through USCIS. This shifts vetting and oversight back to federal authorities.

Shorter Grace Periods: The post-graduation grace period to prepare for departure, transfer, or change status is being reduced from 60 days to 30 days for F-1 students.

Strict Program Changes: The rule introduces tight new restrictions on changing academic programs.

📅 What is the timeline?

Implementation: The rule goes into effect 60 days after its upcoming publication in the Federal Register.

Existing Visa Holders: Current students in the U.S. under the old framework will transition to the new system automatically, with their remaining stay capped at a maximum of 4 years from the rule's effective date.

Whether you are an international student, an academic advisor, or an immigration professional, these updates will significantly shift how academic stays are planned and managed in the U.S.

Read the full details in the official DHS Announcement.

Miranda & Maldonado, P.C.

10/07/2026

10/05/2026

10/02/2026

09/29/2026

08/23/2026

08/18/2026

08/13/2026

07/27/2026

07/20/2026

07/16/2026

Address

Telephone

Website

Alerts

Contact The Practice

Shortcuts

Sponsored

Share

Category

Listing takedown request