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Weekly Brief

U.S. Immigration Law

The week in one sentence The October 2026 Visa Bulletin opens FY2027 by retrogressing EB-2 and EB-3 Rest-of-World out of Current while reopening EB-2 India from unavailable and advancing EB-1 India to 01FEB23, with the Dates for Filing chart usable in October; Proclamation 11069 and Executive Order 14431 hit the Federal Register on September 23, extending the $100,000 H-1B entry payment to September 21, 2027 and folding employer layoffs into LCA, petition, visa and admission decisions; and Policy Alert PA-2026-15, effective October 23, narrows the weekend-and-holiday rule for filing deadlines — a direct hit on RFE and NOID calendaring in every EB-1A, NIW, O-1A and P-1A matter.

Deadline calendar · next 60 days

DateItemType
Wed Sep 30FY2026 ends. Last day to file adjustment applications against the September 2026 chart. EB-4 Certain Religious Workers (SR) remains alive only through December 11, 2026 under H.R. 6500, signed September 2.Visa numbers
Thu Oct 1FY2027 visa numbers open. Worldwide EB level stated at “at least 140,000,” per-country limit 25,620 (dependent area 7,320), down from FY2026's 186,317 / 28,862. Also: Form I-864 grace period ends — only the 08/24/26 edition accepted. DOS online-presence review extends to I, TD and TN applicants, who must set all social media profiles to public. EOIR OBBBA fee inflation adjustments for FY2027 effective.Effective date
Fri Oct 2Status conference, noon ET — Presidents' Alliance v. DHS, D. Mass. No. 1:26-cv-13799-FDS. Not an expiry of the § 705 postponement of the duration-of-status rule, which has no stated end date.Court date
Mon Oct 5Comments close — DHS rule on registration of LPR status for children born to foreign government employees.Comment
Tue Oct 13Comments close — E-Verify Program information collection revision.Comment
Wed Oct 14Comments close — USCIS information collection, Petition to Remove Conditions on Residence (I-751).Comment
~Sun Oct 18EO 14431 § 3(b) thirty-day mark. DOL Wage and Hour must begin reviewing previously filed LCA data for possible INA § 212(n)(2)(G) action.Agency deadline
Mon Oct 19Comments close — two USCIS information collections published September 17.Comment
Wed Oct 21Response due — District of Columbia's brief in Genalo v. District of Columbia, No. 26-379 (S. Ct., certiorari before judgment on prolonged § 1226(c) detention and bond hearings).Court deadline
Fri Oct 23USCIS Policy Alert PA-2026-15 takes effect — narrowed definition of “day” for filing deadlines, applying to paper filings received on or after this date. Event-triggered deadlines reportedly lose the weekend-and-holiday rollover; day-counted deadlines such as RFE and NOID responses reportedly keep it. Recalendar every docketed deadline that rolls past this date.Effective date
Mon Oct 26Effective — DOL rescission of the Executive Order 11246 implementing regulations.Effective date
Mon Nov 9Form I-129 edition 02/27/26 rejected if postmarked or e-filed on or after this date; only the 09/09/26 edition survives. Reaches every O-1A, O-2, P-1A and P-1S filing.Form edition
Tue Nov 10Comments close — DHS NPRM eliminating the discretionary 60-day grace period (RIN 1615-AD22, Docket USCIS-2026-0364). Would delete 8 CFR 214.1(l)(2) for E, H, L, O-1 and TN and their dependents.Comment
Fri Nov 13Comments close — USCIS information collection for Form I-140, extension without change. Same-date batch covers I-129, I-526/I-526E, I-360 and I-601A.Comment
Mon Nov 16Effective — ETA final rule, Federal-State Unemployment Compensation Program; data availability.Effective date
Tue Nov 17Comments close — DOS 60-day notice, Form DS-864E, exemption from the immigrant visa affidavit of support.Comment
Fri Nov 27Comments close — USCIS information collection, Biographic Information (Registration), Form G-325R, OMB 1615-0166.Comment
Mon Nov 30EB-5 fee final rule effective (two days past the sixty-day horizon, listed anyway): I-526 $3,675 → $7,615; I-526E → $7,850; I-829 $3,750 → $5,000; new Form I-527. Announced September 29 — outside this week's window.Fee change

1 · Action Required

Six items

October 2026 Visa Bulletin: FY2027 opens, EB-2 and EB-3 Rest-of-World retrogress, EB-2 India reopens

Governs filings in October 2026 · FY2027 numbers available October 1 · DOS Visa Bulletin No. 19, Vol. XI · Allocations based on demand received by September 4, 2026 · Public release date could not be confirmed

Employment-based final action dates. EB-1 is Current for Rest of World, Mexico and the Philippines; China holds at 01JUL23; India advances about three and a half months, 15OCT22 to 01FEB23. EB-2 Rest of World retrogresses out of Current to 01JAN25; China moves one month to 01OCT21; India reopens from unavailable to 01NOV13 with FY2027 numbers. EB-3 Rest of World retrogresses about three and a half months, 01SEP24 to 15MAY24; China advances a week to 08JAN22; India holds at 01JAN14. Other Workers Rest of World retrogresses three months to 01JAN22. EB-5 Unreserved India reopens from unavailable to 01DEC23; all set-asides remain Current.

Dates for filing. EB-1 Rest of World Current; China and India both jump seven months, 01DEC23 to 01JUL24. EB-2 Rest of World retrogresses from Current to 15MAR26; China advances twelve months to 01JAN23; India holds at 15JAN15. EB-3 Rest of World retrogresses from Current to 01AUG24 while China advances roughly two years three months to 01APR24. USCIS has designated the Dates for Filing chart usable in October for both employment-based and family-sponsored adjustment applicants.

The bulletin's own explanation, at § B: with FY2027 numbers available, dates advanced across various categories, “[h]owever, some employment-based visa categories for ‘Rest of World’ countries have retrogressed, and these retrogressions are necessary to keep visa issuances within FY 2027 quarterly and annual limits.” There is no scheduled-future-movement note and no country-specific retrogression section this month — September's §§ E, F and G do not carry over. Note the FY2027 per-country limit of 25,620, down roughly eleven percent from FY2026; that is the structural driver behind the Rest-of-World retrogressions, not a demand spike.

Do this: File EB-1A adjustment applications in October. Rest of World, Mexico and Philippines EB-1 is Current, and the China/India EB-1 filing date at 01JUL24 opens the widest window those two chargeability areas have had. For EB-2 NIW, the Rest-of-World filing date of 15MAR26 means essentially every non-India, non-China NIW beneficiary can file I-485 in October notwithstanding the final-action retrogression to 01JAN25 — the filing window is the opportunity, the adjudication will wait. Indian NIW beneficiaries remain at 15JAN15 for filing; nothing changed for them. Because the bulletin's release date could not be pinned, confirm the chart designation on the USCIS adjustment filing-charts page before you transmit.

Visa Bulletin for October 2026 — read in full·USCIS adjustment filing charts (page returns 403 to fetchers; chart designation summary-sourced)

PA-2026-15 narrows the weekend-and-holiday rule for filing deadlines, effective October 23

Announced Sept 23, 2026 · Effective Oct 23, 2026, for paper filings received on or after that date · USCIS Policy Alert PA-2026-15, “Definition of Day for Purposes of Filing Deadlines” · Summary-sourced — uscis.gov returned 403 to every fetch path

The alert narrows the long-standing rule that a filing deadline falling on a Saturday, Sunday or federal holiday rolls forward to the next business day. On the secondary reporting, the distinction drawn is between deadlines counted in a number of days — RFE and NOID response periods, motions to reopen or reconsider, appeal windows — which retain the rollover, and deadlines tied to an event, such as filing before a child's twenty-first birthday, which do not.

Read this with PA-2026-05 of August 5, which is still the most consequential 2026 policy item for this firm's book: officers are no longer instructed to default to the eighty-four-day RFE response period, case-specific deadlines as short as thirty days are permitted, and denial without any RFE or NOID is authorized where initial evidence is absent. Greenberg Traurig reported in late August that thirty-day RFEs are in fact issuing. A thirty-day response period that no longer rolls off a weekend is a materially different calendar from the one the firm has been keeping.

Do this: Before October 23, audit every open RFE, NOID, I-290B and motion deadline on the docket, and recalculate any that currently sit on a weekend or holiday. Change the docketing default from “next business day” to the literal date, and treat the rollover as something to be confirmed rather than assumed. Separately, re-run age-out calculations on any derivative beneficiary approaching twenty-one. Because this rests entirely on secondary reporting, verify the alert number, the effective date and the day-counted versus event-triggered line on uscis.gov/policy-manual/updates before you rely on it in a filing.

USCIS Policy Manual Updates (403 to fetchers)

DOS online-presence review reaches I, TN and TD on October 1 — O and P are still off the list, which is not a safe harbor

Announced Sept 18, 2026 · Effective Oct 1, 2026 · DOS, “Announcement of Expanded Screening and Vetting for Visa Applicants” · Primary source read in full

All I, TD and TN applicants “are instructed to set the privacy settings on all of their social media profiles to ‘public’ or ‘open.’” The announcement enumerates the categories already covered: A-3, C-3 domestic workers, G-5; F-1, M-1, F-2, M-2; H-1B, H-3, H-4; J-1, J-2; K-1, K-2, K-3; Q; R-1, R-2; S, T and U. This is the fourth expansion since June 2025. The framing is unchanged: “Every visa adjudication is fundamentally a national security decision.”

O and P are not on the list, and two practitioner analyses in the window read the announcement as not reaching petitions adjudicated by USCIS or TN applications made to CBP at a port of entry. Treat that omission as unconfirmed rather than protective: O-1 and P-1 consular applicants have tracked the H-1B vetting regime at every prior step, and CBP retains independent screening authority regardless. The failure mode practitioners actually report is not content but inconsistency — a LinkedIn profile or employer website describing a materially different role than the support letter, or an incomplete five-year handle disclosure on the DS-160, which one commentator notes “might be seen as misrepresentation.” DOS has published no criteria and announced no standard additional processing period; Envoy reports 221(g) notices tied to these reviews.

Do this: Add an online-presence reconciliation step to consular preparation for O-1A and P-1A beneficiaries: compare every public profile and employer bio against the DS-160 employment history, the petition's itinerary and the stated role in the support letter, and fix the petition or the profile before the interview rather than explaining the gap afterward. Advise clients to keep profiles public until the visa issues, not merely through the interview, and advise against scrubbing.

DOS announcement, Sept 18·Richards and Jurusik, Sept 21·DiRaimondo & Schroeder on scope, Sept 23·BAL, Sept 21

Proclamation 11069 published: $100,000 H-1B entry payment extended to September 21, 2027

Signed Sept 18 · Published Sept 23, 2026, 91 FR 60497 · Effective 12:01 a.m. EDT Sept 21, 2026 – Sept 21, 2027 · Federal Register text read in full

The proclamation extends Proclamation 10973 for twelve months. Entry in H-1B classification remains restricted unless the petition is accompanied or supplemented by a $100,000 payment; DHS must withhold decisions on non-paying petitions for beneficiaries currently outside the United States, and DOS must verify payment before issuance. DHS retains discretionary national-interest exemptions available individually, per company, or for an entire industry. Section 3(b) requires State, DOJ, DOL and DHS to recommend jointly, within thirty days after the next H-1B lottery closes, whether to extend again.

The legal posture is contradictory and the brief flags it rather than resolving it. The Federal Register text asserts that the payment has been made for more than 700 petitions and that the largest IT staffing and outsourcing firms cut combined registrations from 24,946 to 2,055. Against that, the District of Massachusetts vacated the implementing agency actions on June 8, 2026 in State of California v. Mullin, holding the payment functioned as an unauthorized tax in violation of separation of powers and the APA, and the First Circuit denied a stay on July 24. Cyrus Mehta's position, published September 21, is that the vacatur bars collection under the extension as well — reissuing the proclamation does not cure vacated implementation. Ogletree maps a genuine district-court split, with the District of Columbia having upheld the presidential authority, both cases on appeal and three challenges pending. DHS has said it “strongly disagrees… but will comply.”

Do this: Do not advise an H-1B beneficiary to travel and seek readmission on the strength of the vacatur. A vacated policy protects nobody standing in front of an officer who is following the proclamation. Where the client has an EB-1A or O-1A path, the accumulated H-1B cost and uncertainty now makes that a present-value conversation.

Proclamation 11069, 91 FR 60497·Cyrus Mehta, Sept 21·Ogletree Beltway Buzz, Sept 25·Clark Hill on the June 8 vacatur

Executive Order 14431 published: employer layoffs enter H-1B adjudication, DOL review begins about October 18

Signed Sept 18 · Published Sept 23, 2026, 91 FR 60501 · DOL LCA review begins ~Oct 18 · Federal Register text read in full

The order amends no statute and no regulation. It directs State, DOL and DHS — coordinating with Commerce, Education and SBA — to weigh, across LCAs, petitions, visa applications and admissions, whether the sponsoring employer conducted layoffs in the prior year or plans layoffs negatively affecting similarly situated U.S. workers. Section 3(c) delegates INA § 215(a) authority to State, Commerce, DOL and DHS for implementing rules, so regulatory text should be expected. Section 3(b) gives DOL Wage and Hour thirty days — about October 18 — to begin mining previously filed LCA data for possible INA § 212(n)(2)(G) investigations.

Mehta makes two points the firm alerts miss. First, the order's reference to “any” labor condition application, petition, visa and entry reaches extensions, amendments and change-of-employer petitions for workers already in the United States, not merely consular and port cases. Second, INA § 274B cannot supply authority for a program-wide layoff test, and a generally applicable layoff standard of this kind likely requires notice and comment rather than implementation RFE by RFE. BAL confirms that no implementing guidance has issued on how the layoff factor will be weighed. Consulting, staffing and third-party placement structures are the named priorities.

Do this: Ask about layoffs in the trailing twelve months before drafting any employer-sponsored filing, and document the answer in the file. For a client at a company with a public reduction in force, assume elevated site-visit and audit exposure while an EB-1A or O-1A is pending. This order does not touch EB-1A or NIW self-petitions — a point worth making affirmatively to clients weighing the self-petition route.

EO 14431, 91 FR 60501·BAL, Sept 21

Form I-864 grace period ends October 1

Effective Oct 1, 2026 · USCIS Forms Updates · Summary-sourced — uscis.gov 403

The 10/17/24 edition of Form I-864 is accepted only through September 30. From October 1, only the 08/24/26 edition will be accepted. Relevant to any family-based or employment-based immigrant visa or adjustment package in the pipeline with a signed affidavit on the older edition.

Do this: Pull any package holding a signed I-864 on the 10/17/24 edition and re-execute on the 08/24/26 edition before filing. Signatures on the superseded edition are not curable after rejection.

USCIS Forms Updates (403 to fetchers)

2 · Notable

Seven items

AAO dismisses an NIW appeal for a cut-and-paste signature image — no opportunity to cure

Decided Aug 31, 2026 · In Re: 43921854, AAO (B5) · Decision read in full

The AAO dismissed an NIW appeal without reaching the merits, concluding it was “more likely than not that the image of the signature on the Form I-290B is not a valid signature” under 8 C.F.R. § 103.2(a)(2). The AAO “discern[ed] no distinction between a digitally ‘cut and paste’ signature and the simulated signatures created by word processor, stamp, auto-pen, or similar device,” and noted that where a signature is invalid USCIS will “reject, deny, or dismiss it without providing an opportunity to correct or cure” under 8 C.F.R. § 103.2(a)(7)(ii)(A). A photocopy, scan or fax of a genuinely hand-signed page remains acceptable; lifting a signature image off one document and placing it on another does not.

Do this: Audit the firm's signature workflow this week across I-290B, I-140, I-129 and G-28. Any process in which staff place a stored signature image into a PDF is a no-cure dismissal risk on a filing the client has paid for. Require either a wet signature scanned as a whole page, or a compliant electronic signature — and keep the source of every signature documented in the file.

In Re: 43921854 (Aug 31, 2026)

What the USCIS adjudicator actually sees: similarity-flagged copies of your own filing

Published Sept 21, 2026 · AILA Think Immigration, Angelo Paparelli interviewing former USCIS adjudicator Joshua Perez Garcia · AILA Doc. No. 26092100, publicly accessible · Read in full

Reconstructed from the DHS AI use-case inventory and DHS/USCIS/PIA-085: the officer's screen presents a copy of the filing with passages highlighted by a sentence-similarity model that matches language across other filings. Counsel never sees the marked-up version. The tool is self-classified as “high-impact decision support,” and the governing privacy impact assessment was published in January 2021 and has never been updated. The interview is framed around asylum, but the mechanism is not category-specific, and the unit the model matches is precisely reused template language, boilerplate passages and stock certificates.

For a practice that files a high volume of structurally similar ASLs and expert letters, this is the most operationally useful item of the week. The diagnostic Perez Garcia offers: note whether an RFE or interview questioning fixed on phrases rather than facts, and whether an RFE demanded documents already submitted. Where it did, FOIA the complete A-file including FDNS records rather than assuming a standard production captures system-generated material.

Do this: Vary the connective and framing language between petitions rather than reusing a fixed ASL skeleton verbatim, and make sure every expert letter carries sentence-level content specific to its author. The substantive legal framework can and should stay consistent; the prose around it should not read as one document filed many times.

Think Immigration, Sept 21

PA-2026-14 adds a new criminal inadmissibility Part to Policy Manual Volume 8, effective immediately

Announced and effective Sept 23, 2026 — applies to requests pending on or filed on or after that date · USCIS Policy Alert PA-2026-14 · Summary-sourced — alert PDF located but not retrievable

Adds a new Part D, “Criminal and Related Grounds of Inadmissibility,” to Volume 8, with new Chapter 10 on controlled substance traffickers (INA § 212(a)(2)(C)), Chapter 14 on significant traffickers in persons (§ 212(a)(2)(H)), and Chapter 15 on money laundering (§ 212(a)(2)(I)). All three are “reason to believe” grounds that require no conviction. Applying to pending cases with no transition period, this reaches adjustment applications already on file, including EB-1A and NIW self-petitioners at the I-485 stage, and it interacts with the public charge guidance that took effect September 18 to make the adjustment stage materially more exposed than the I-140 stage.

USCIS Policy Manual Updates (403 to fetchers)

Ninth Circuit: asylum-seeker class may litigate a Fifth Amendment challenge to mandatory detention

Decided Sept 21, 2026 · Padilla v. ICE, No. 24-2801 (9th Cir.), D.C. No. 2:18-cv-00928-MJP (W.D. Wash.) · Opinion by Berzon, concurrence by Friedland · Court's summary and jurisdictional analysis read

On interlocutory appeal the panel affirmed denial of the government's motion to dismiss, holding that the district court had jurisdiction and that DHS v. Thuraissigiam, 591 U.S. 103 (2020), does not bar the class's due process claim. On jurisdiction, none of the four subsections of 8 U.S.C. § 1252(a)(2)(A) applied because the class challenges the constitutionality of § 1225(b)(1)(B)(ii) itself rather than any individual determination, individual detention decision, or implementing procedures and policies; § 1252(e)(3) also did not preclude jurisdiction. The decision deepens the circuit split — Second, Sixth, Ninth, Tenth and Eleventh on one side, Fifth and Eighth on the other — that the government's new certiorari petition is aimed at.

Slip opinion, Sept 21

Solicitor General takes the § 1226(c) bond-hearing question back to the Supreme Court on certiorari before judgment

Petitions filed Sept 21, 2026 · Response due Oct 21, 2026 · Genalo v. District of Columbia, No. 26-379; Trump v. Suri · SCOTUSblog coverage read in full; petitions not read

After Genalo v. Black, No. 25-886, was dismissed as moot on September 11, the Solicitor General filed Genalo v. D.C. as a petition for certiorari before judgment, bypassing the court of appeals, on the prolonged-detention and bond-hearing question § 1226(c) left open in Jennings v. Rodriguez. A companion petition, Trump v. Suri, asks whether a district court has authority over a detention-validity habeas claim where the claim also reaches the grounds for removal. The District of Columbia's response is due October 21. Treat the question-presented framing as summary-sourced.

SCOTUSblog, Sept 22

Public charge rule is in effect and unenjoined while twenty-two states and six cities litigate

Rule effective Sept 18, 2026 · Complaints filed Sept 14, 2026 · Reported Sept 21 · S.D.N.Y. · Summary-sourced — complaints not read

New York plus twenty-one states and the District of Columbia filed in the Southern District of New York; New York City filed separately with Chicago, San Francisco, Seattle, Santa Clara County and King County. The claims are APA violation, action exceeding DHS statutory authority, and unexplained departure from the longstanding public-charge interpretation; the relief sought is declaratory judgment and vacatur. No injunction has issued. The rule applies to admissions and adjustment applications filed on or after September 18 and permits consideration of application for, approval for, or receipt of any means-tested benefit — Medicaid and SNAP included — received on or after that date.

Do this: Screen every EB-1A and NIW self-petitioner for means-tested benefit receipt before filing I-485, and document the screen. Advise clients that benefit receipt after September 18 is now an affirmative consideration, and do not counsel on the assumption that the litigation will produce relief before their filing is adjudicated.

New York complaint (not read)·Cities case, Clearinghouse

Mass influx finding extended 180 days; EOIR swears in 47 immigration judges

Mass influx finding published Sept 21, 2026, 91 FR 59795 · EOIR announcement Sept 24, 2026 · Federal Register read in full; EOIR announcement summary-sourced

DHS extended its Finding of Mass Influx of Aliens for a further 180 days, to about March 16, 2027, keeping alive the Secretary's INA § 103(a) and 28 C.F.R. § 65.83 authority to deputize state and local law enforcement officers to perform immigration officer functions. Separately, EOIR announced 47 new immigration judges and six temporary immigration judges, with biographies and court assignments — following the May 2026 class of 77 and five temporary judges. Read the bench expansion against Mehta's note that more than a hundred immigration judges were fired or pushed out earlier in the administration.

91 FR 59795·EOIR notices

3 · Monitoring

Twelve items

November 2026 Visa Bulletin not yet published

October remains the latest on the DOS index as of compilation. The October bulletin carries no scheduled-future-movement note, which removes the usual early warning — and given that the Rest-of-World EB-2 and EB-3 retrogressions are described as necessary to hold FY2027 within quarterly limits, further movement in either direction should be expected rather than predicted. DOS Visa Bulletin index

DHS NPRM eliminating the 60-day grace period — O-1 expressly covered

Published September 11, comments close November 10. Would delete 8 C.F.R. § 214.1(l)(2) for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN and their dependents; affected individuals would generally be expected to depart immediately on cessation of employment. The grace period stays in effect until a final rule. Still the most consequential pending rulemaking for this firm's nonimmigrant book and a strong candidate for a comment. RIN 1615-AD22

$103,265 cap-subject H-1B fee — comment period closed September 24, final rule awaited

The comment window on the DHS NPRM (RIN 1615-AD20, published August 25, corrected September 10) closed inside this week's window. This is the instrument most likely to survive judicial challenge, because it proceeds through notice and comment rather than INA § 212(f). Watch for a final rule; the timing interacts with the next lottery. 91 FR 54817

EB-5 fee final rule — effective November 30, announced September 29

I-526 rises from $3,675 to $7,615; I-526E to $7,850; I-829 from $3,750 to $5,000; a new Form I-527 is introduced. Scheduled for Federal Register publication September 30 with a sixty-day effective date. Announced outside this week's window; carried here because the effective date sits two days past the sixty-day horizon. Summary-sourced.

SCOTUS stays limits on third-country removals; argument set for December

An unsigned order of September 29 stayed the District of Massachusetts ruling that DHS's third-country removal policy is unlawful, with argument set for December 2026; Sotomayor, Kagan and Jackson dissented. Outside the coverage window and summary-sourced — the order itself was not read. Verify the text before citing. SCOTUSblog

BIA volume ambiguity remains open from last week

No new precedent decision published September 21–27. The EOIR volume-29 page carries an “Updated September 2, 2026” stamp with Matter of A-Q-R-K-, 29 I&N Dec. 865 (Interim Dec. #4239) as the ceiling. Last week's brief flagged AILA postings referencing decisions at 30 I&N Dec. 37 and 44; this week's sweep of the EOIR site found no volume 30 page. The conflict is unresolved and should be closed with a member-side check. Also carry Matter of DELCARMEN-LARA, 29 I&N Dec. 830, holding a departure on advance parole is a “departure” under INA § 212(a)(9)(B)(i)(II) and overruling Matter of Arrabally and Yerrabelly — directly relevant to any adjustment client with unlawful presence contemplating advance parole travel. Volume 29

USCIS adjudicating against the text of the Schedule A regulation

Reported trend, not a press release: on Schedule A I-140s for registered nurses, USCIS is refusing two of the three license showings the DOL regulation expressly permits — the NCLEX-RN passing score and the CGFNS/TruMerit certificate — and demanding a full unrestricted state license at filing. Of interest to this firm less for nurses than as a documented instance of adjudication contrary to governing regulatory text, usable in RFE responses. Corporate Immigration Partners, Sept 22

Approval-mix data: NIW dominates, EB-1A is a thin slice, O-1A barely appears

The only quantitative adjudication signal published in the window. WeGreened's weekly summary posted September 28 (covering approvals September 7–13) reports 147 approvals: 132 NIW, 12 EB-1A, 3 EB-1B, zero O-1A. Medians: EB-1A 17 publications and 694 citations; NIW 7 publications and 116.5 citations. All twelve EB-1A approvals were STEM. Daily posts across September 21–28 show cases decided at a “SCOPS Texas Facility” alongside Nebraska and Texas, repeated service-center transfers, near-universal premium upgrades with one non-premium NIW at 769 days, several NIW approvals with zero support letters, multiple refilings after RFE-then-denial, and a non-STEM EB-1A (orthopedic spine surgeon, 40 publications, 166 citations) approved after a Nebraska RFE. Marketing-sourced but the composition is real. Weekly summary, Sept 28

PERM and prevailing wage processing times

PERM as of September 22: Analyst Review December 2025; Audit Review December 2025; reconsideration to the CO April 2026. Average calendar days for August 2026 determinations: 336 days at Analyst Review. PWD as of August 31: H-1B OEWS May 2026, PERM May 2026, H-2B July 2026, CW-1 May 2026. No new OFLC announcement in the window — the latest items are September 17 (records management page) and September 2 (H-2A AEWR interim final rule under the E.D. Cal. order in United Farm Workers v. DOL). FLAG processing times

ICE detainee locator no longer listing final-order cases

Effective September 15, ICE reportedly stopped listing detainees with final removal orders in the Online Detainee Locator System, and staff were reportedly instructed not to disclose locations to attorneys or family; congressional oversight visits are also reportedly being restricted. No ICE policy document was located — reported by AP and carried in AILA's September 22 news clips. Summary-sourced. AILA clips, Sept 22

Duration-of-status rule remains postponed with no stated end date

The September 14 preliminary relief in Presidents' Alliance v. DHS, D. Mass. No. 1:26-cv-13799-FDS, postponed the fixed-term admission rule nationwide under APA § 705 rather than § 706 vacatur, one day before its effective date, on four independent arbitrary-and-capricious failures. Greenberg Traurig's September 25 walk-through is the most useful treatment, including the post-Trump v. CASA scope analysis and the court's treatment of USCIS processing backlogs as a record fact DHS failed to reckon with. The October 2 conference is a status conference, not an expiry. F-1 and OPT is the feeder pipeline into O-1A and NIW filings, so this matters indirectly but consistently. Greenberg Traurig, Sept 25

DHS General Counsel's letter to AILA and the ethics of asylum representationSee note

Cyrus Mehta's September 27 response to DHS General Counsel James Percival's September 15 letter to AILA threatening fines and discipline against attorneys said to be clogging the asylum system. Mehta's argument: the letter collapses fraud, frivolousness and a merely unpersuasive claim into one category; Cardoza-Fonseca's well-founded-fear standard tolerates a one-in-ten probability; and after Loper Bright, good-faith challenges to restrictive BIA particular-social-group precedent are squarely permitted under Model Rule 3.1. Outside this firm's core book, but bar-discipline exposure is now a live topic. Cyrus Mehta, Sept 27

4 · Adjudication Trend · AAO

Non-precedent decisions

The repository lags roughly a month. August 2026 is the most recent month posted for the categories that matter here; no September B2, B5, D8 or D9 decisions have appeared. Directory codes in current use: B2 EB-1A extraordinary ability, B5 EB-2 advanced degree / exceptional ability / NIW, D8 O, D9 P. Two access notes worth recording: the landing page's “Most Recent Decisions” widget renders stale 2021 rows to a plain fetch and should not be trusted, and the category filter's year parameter is broken — it returns “No items matched” even where decisions exist, so omit it. Decisions below were read in full text.

EB-1A · B2 — two decisions read, both dismissed

The AAO now has a canned answer to Mukherji, and it is refusing to engage. In In Re: 43728055 (Aug 27, a young composer), USCIS had conceded three criteria — awards, judging and artistic showcases — and denied on the final merits. On appeal the petitioner invoked Mukherji v. Miller, No. 4:24CV3170, 2026 WL 895708 (D. Neb. Jan. 28, 2026), which held that USCIS adopted the Kazarian two-tier framework without notice and comment. The AAO acknowledged the decision, held it non-binding because the case arose in New York, cited Matter of K-S-, 20 I&N Dec. 715 (BIA 1993), and expressly “decline[d] to address the substantive issues in Mukherji until it is properly before us.” The argument is live and worth preserving in the record; it will not win at the AAO.

The final-merits language in that decision is the most quotable material of the month, and all of it is about career stage and comparison. The petitioner “has not sufficiently contextualized or compared the Beneficiary's accomplishments and career to other renowned composers in the field.” The professors' own words — “debut” and “premiere” — were read against him as indicating “the Beneficiary is at the beginning juncture of his career, not consistent with a sustained acclaim,” with the AAO reaching for Black's Law Dictionary on “sustain.” Letters from teaching professors, mentors and “acquaintances” showed only that he is “active, skilled, and dedicated.” Press coverage about admission to a conservatory and graduating top of class is not coverage of professional achievement. Evidence concentrated in 2022–2025 “as a student” cannot carry sustained acclaim. Also cited: Trajano v. USCIS, No. CV 25-12388-FDS, 2026 WL 2137917, at *6 (D. Mass. July 24, 2026), for the proposition that a volume of accolades without contextualization is insufficient, and Hamal.

In In Re: 43193587 (Aug 31, public diplomacy and regional integration), the petitioner claimed seven criteria and USCIS credited only membership. On awards, prizes for work as executive producer of a docuseries and a culinary series “were not for excellence in the field of regional integration, international relations, or public diplomacy” — field-of-endeavor misalignment is now a front-line award killer — and certificates of recognition for panel participation and speaking are not awards for excellence, with the record also lacking evidence that the certificates are “recognized beyond the awarding organizations.” Cites Limon v. DHS, No. CV H-25-0063, 2026 WL 2000101, at *4 (S.D. Tex. June 22, 2026), and Visinscaia. On original contributions the AAO ran originality first: the petitioner claimed to be “intellectual architect” of a named supply-chain security doctrine, but a letter in her own exhibit set said she and a colleague introduced it together, which sank originality; and a $20B FDI facilitation claim was not tied to field-level impact. On leading or critical role, heading a three-day convening of “over 1,100 top-tier decision-makers” failed because the convening was not shown to be “an organization or establishment as contemplated under this criterion.”

Drafting consequences. Build an explicit comparison cohort into the ASL — named peers, rankings, benchmarks — rather than asserting eminence. Scrub “debut,” “emerging,” “promising” and “first” from recommendation letters. Do not file speaking or panel-participation certificates as awards. Check every exhibit for evidence that undercuts an originality claim before the officer finds it. And for the leading-role criterion, prove the entity qualifies before proving the client's role in it.

EB-2 NIW · B5 — two decisions read, both dismissed, one on prong one and one on signature

In Re: 43871814 (Aug 31) is the substantive one and it is a warning about NIW petitioners employed at large companies. A Ph.D. senior data scientist in healthcare analytics and medication non-adherence cleared substantial merit and well-positioned, and failed prong one, national importance. Because the petitioner described his employment as “a vehicle” and “one of the implementation pathways” for the endeavor, the AAO held it proper to fold his specific job into the prong-one analysis. He “cannot rely on the national reach of [his employer's] customer base, potential influence, or innovations.” Concrete metrics — roughly a million additional prescriptions a year, $2M saved — failed because the work is proprietary: “the main benefits of this work… appears to flow to [employer] and its customers, rather than to the healthcare data sciences field overall,” and “[b]enefits to a specific employer alone, even an employer with a national footprint, are not sufficiently relevant to the question of whether an individual's endeavor has national importance.” Skills, attributes and past accomplishments were held to be prong-two material and would not count toward prong one. Support letters were “largely conclusory,” citing Matter of Mariscal-Hernandez, 28 I&N Dec. 666, 673 (BIA 2022).

Drafting consequences. For any NIW beneficiary at an established employer, the letter of proposed endeavor must decouple the endeavor from the employer: open-source releases, publications, standards participation, methods transferable outside the firm. Quantify diffusion at field level, not firm level. And do not write that the employment is a “vehicle” for the endeavor — that phrasing invites the adjudicator to judge the endeavor by the job description. The second August decision, In Re: 43921854, is covered above at Notable: dismissal for a cut-and-paste signature image, with no opportunity to cure.

O-1A · D8 — one decision read; only one D8 decision has been posted in all of 2026

In Re: 42652636 (Aug 25): a professional baseball organization petitioning for a general manager as O-1A. Of five claimed criteria USCIS credited only published materials under 8 C.F.R. § 214.2(o)(3)(iii)(B)(3). The AAO dismissed at the initial-evidence stage and expressly reserved the totality and final-merits analysis because three criteria were unmet. On awards: a letter from the awarding body's president describing the award's criteria and history is not enough, because there was no “independent, objective evidence showing the national or international recognition for excellence” — citing Krasniqi v. Dibbins, 558 F. Supp. 3d 168, 184 (D.N.J. 2021), and Sun v. Jaddou, No. 3:24-CV-01466-E, 2025 WL 1556944, at *4 (N.D. Tex. June 2, 2025) (“the wider industry… takes notice of it”). And volume defeats prestige: the petitioner “did not establish how an award issued to over three thousand individuals since 2009 possesses national or international recognition for excellence,” citing Churyumov.

Drafting consequences. Every award exhibit needs two things the petitioner here lacked: third-party industry coverage of the award itself, and selectivity data — recipient counts, nomination pool, acceptance rate. A letter from the awarding body about its own award is not independent evidence. The structural point is also worth recording: with a single D8 decision posted in all of 2026, the O-1 non-precedent repository has effectively stopped functioning as a research resource.

P-1A · D9 — nothing new; the most recent athlete decision is April 2

Only three D9 decisions have been posted for all of 2026, and the two most recent, both August 5, are P-3 culturally-unique matters, not P-1A. Both were dismissed on a point worth knowing anyway: the petitions sought employment for a festival that had already ended by the time of the AAO decision, so the beneficiaries could not be “seek[ing] to enter the United States temporarily and solely to perform.”

The most recent P-1A athlete decision remains In Re: 41636515 (Apr. 2, 2026) — not new this week, carried because nothing has superseded it. An indoor soccer team petitioned for a player; the petition failed INA § 214(c)(4)(A)(ii)(I) because an October 2023 “Sales and Marketing Contract” obligated the beneficiary to render “ticket sales, appearances, special events, social media, networking, sponsorship fulfillment, public relations, advertising and marketing.” An August 2025 addendum stripping the non-player duties, executed roughly two years after filing, was rejected under 8 C.F.R. § 103.2(b)(1) and Matter of Izummi, 22 I&N Dec. 169, 175–76 (BIA 1998) — no material changes to cure a deficient petition. Scrub player agreements for marketing, sales and ambassador obligations before filing; a post-filing addendum cannot fix it. The decision also lays out the full internationally-recognized-level toolkit from 2 USCIS-PM N.2(A)(1), including the negative inference where a competition is open to competitors at all skill levels.

Verification notes

Read in full. Proclamation 11069 at 91 FR 60497 and EO 14431 at 91 FR 60501; the DHS mass influx finding at 91 FR 59795; the USCIS G-325R information collection notice of September 28; the October 2026 Visa Bulletin tables and notes; the DOS expanded screening announcement of September 18; the DOL/OFLC news page and FLAG processing times; the EOIR volume-29 page and notices page; the Ninth Circuit slip opinion in Padilla v. ICE (court's summary and jurisdictional analysis, not every page of reasoning); five AAO decisions (two B2, two B5, one D8) plus the April 2 D9; the SCOTUSblog piece of September 22; and the Think Immigration, Cyrus Mehta, Greenberg Traurig, BAL, Ogletree, Richards and Jurusik, and DiRaimondo & Schroeder items cited above. The Federal Register API was queried for all eight relevant agencies across September 21–28.

Summary-sourced — do not quote as a holding or a rule. PA-2026-15 and its day-counted versus event-triggered distinction; PA-2026-14 and the Volume 8 Part D chapter structure; the USCIS October Dates-for-Filing chart designation; the Form I-864 edition cutoff; the EB-5 fee schedule; the SCOTUS order of September 29 on third-country removals; the Genalo v. D.C. and Trump v. Suri questions presented; the public charge complaints; the ICE detainee locator change; the EOIR immigration judge announcement; and the September 14 duration-of-status postponement order.

Source access failures. uscis.gov returned HTTP 403 or an empty body to every available fetch path — alerts, all-news, policy-manual updates and forms-updates alike; a cached render of the news page served 2024 content and was discarded. Every USCIS item in this edition is therefore secondary-confirmed rather than read on the agency page, and the policy alert numbers, effective dates and chart designations should be verified in a browser before they drive a filing decision. AAO decision PDFs return empty to plain fetches and 403 to the shell; they were recovered through the browser pane and a local reader, and the decisions above were read from the actual text. JD Supra serves a stale 2024 page to server-side fetch and could not be verified — that leg of the sweep is a gap, though its content largely re-syndicates firms covered here. Fragomen is JS-rendered and serves stale content to fetchers; individual alert pages were dated from under the H1, and no U.S.-practice Fragomen alert published September 21–27 was found. travel.state.gov and dol.gov refused the shell but succeeded through the document fetcher.

Member-gated. No gated item is reported this week, and that is a limitation rather than a finding. AILA's public news feed surfaces only daily clips, Think Immigration posts and press releases; the Research Library listing is served by an external JavaScript search application that returns nothing to a server-side fetch, so practice alerts and practice pointers issued September 21–27 could not be enumerated at all. A logged-in pass on aila.org/library filtered to Practice Alerts for this date range would close it. The one AILA item located, Think Immigration of September 21 (AILA Doc. No. 26092100), is publicly accessible.

Unresolved conflicts. The $100,000 H-1B payment. The Federal Register text of Proclamation 11069 asserts the payment has been made for more than 700 petitions; the District of Massachusetts vacated the implementing actions on June 8 and the First Circuit denied a stay on July 24. Both statements may be accurate — the proclamation's preamble is advocacy, not a report of current collectibility — but the brief does not resolve whether the payment is being collected today, and advice should not assume either answer. The October Visa Bulletin release date. The bulletin's own footer reads “CA/VO: September 4, 2026” and practitioner coverage is dated September 29; no release date could be confirmed, and none is stated here. BIA volume numbering. Last week's edition flagged AILA references to decisions at 30 I&N Dec.; this week's sweep found no volume 30 page on the EOIR site and volume 29 stamped September 2. Unresolved.

Confirmed absences. Zero Federal Register documents from ICE, EOIR and ETA/OFLC in the window. Exactly one USCIS Federal Register document (the G-325R collection). Of thirteen DHS documents, all but the mass influx finding and that collection were Coast Guard or TSA. All six DOS documents were ITAR, cultural property or public access; all six DOL documents were OSHA, MSHA or MSPA; both CBP notices were non-immigration. No new BIA precedent decision. No new OFLC announcement. No November Visa Bulletin. No in-window U.S. immigration alert from Fragomen or Jackson Lewis. National Law Review's immigration run stops at September 25. No new entry-restriction proclamation; the operative instrument remains the December 16, 2025 proclamation. CBP's newsroom was not read page by page, so the absence of CBP action is an incomplete negative rather than a confirmed one.

Explicitly not new this week, because each keeps surfacing as though it were: PA-2026-05 on evidence and RFEs (August 5) — still the single most consequential 2026 item for this practice; the public charge rule's September 18 effective date and the July 20 underlying rule; the revised I-485 edition 09/18/26 and the mandatory I-539 and I-765 editions of 09/15/26; the H-1B fee NPRM of August 25; the June 8 vacatur; the September 14 duration-of-status postponement; the H-2A AEWR interim final rule of September 2; and the widely-circulated figures on twenty-one-month EB-1A processing, SCOPS consolidation, AI-generated RFEs and collapsing quarterly EB-1A and NIW approval rates — every one of which date-verifies to December 2025 through August 2026 and none of which was confirmed against USCIS data.

Compiled Tuesday, September 29, 2026