Effective September 15, 2026, J and F nonimmigrant visa holders will be admitted into the U.S. with a fixed time period of authorized stay based on the length of their specific program. This new rule eliminates the longstanding Duration of Status framework which allowed this type of visa holder to remain lawfully in the country for their program’s duration so long as they continued their program. Under the new rule, for J-1s their period of authorized stay will end on a fixed date as listed on their DS-2019, not to exceed 4 years. If additional time is needed to complete their training program, the J-1 visa holder must apply for an extension of stay (Form I-539) with USCIS before their authorized stay expires. When an I-539 is timely filed, employment can continue for up to 240 days while the application is pending. Additional guidance from USCIS regarding implementation instructions is expected. Intealth, which sponsors J-1 resident physicians and fellows, issued helpful guidance about the new rule. Check back on this page for further updates.

On June 30, 2026 the Supreme Court upheld the U.S. Constitution’s 14th Amendment guarantee that anyone born in the U.S., regardless of their parents’ citizenship status, is a U.S. citizen. This decision invalidated the administration’s Executive Order, which attempted to eliminate this 150+ year old constitutional protection, and was issued on the first day of Trump’s second term. We are thankful for the stories our members shared in the amicus (friend of the court) brief opposing this order which helped illustrate its unlawfulness and cruelty. It is only through amplifying CIR members’ stories that we effectively fight and win against these unjust and inhumane policies.

Effective May 21, 2026, USCIS issued a policy that significantly changes how it will process green card applications filed inside the U.S. called Adjustment of Status. This new policy directs USCIS officers to treat Adjustment of Status applications as a benefit that is only granted in “extraordinary circumstances” thereby making applying for a green card at a U.S. consulate or embassy abroad (called consular processing) the default process. 

In addition to reviewing standard green card eligibility requirements, USCIS will weigh both positive and negative factors in a case to determine whether the applicant has shown “extraordinary circumstances” to deserve to have their green card application processed and approved via Adjustment of Status at a local USCIS office. If extraordinary circumstances are not satisfied, consular processing of a green card visa application is the remaining option. This policy applies to most family- and employment-based green card categories, and has limited exceptions. 

At this time we have limited information on how this new policy is being applied in Adjustment of Status interviews. This will become clearer in the weeks and months to come. For now, this fact sheet explains what is presently known,  including the factors USCIS will consider when determining “extraordinary circumstances’. If you have applied or are planning to apply for a green card based on Adjustment of Status, consult with an immigration attorney to determine whether this policy applies to you. For CIR members who wish to utilize their free immigration consultation benefit, email legal@cirseiu.org. CIR will continue to monitor this issue.

In the current aggressive enforcement environment we have seen an uptick in J-1 visa renewal denials for lack of home ties. These ‘214b’ visa denials are preventing residents from returning to their hard-earned residency programs. Keep in mind that consular officers take a default position that the visa applicant is an intending immigrant unless they sufficiently prove otherwise; this also means that any prior U.S. visa issuances and travel history is subject to review. One consequence of the administration’s focus on increased vetting is more 214b visa denials. 

In visa interviews that last only 2-3 minutes, your main task is to show strong home ties to overcome the officer’s default presumption that you are an intending immigrant. Strong home ties are those that compel you to leave the U.S. after completing your J-1 training program, such as a binding job offer, property ownership, close family ties and the like. You can also expect longer wait times for visa appointments, longer processing times, cases being placed into administrative processing and the real possibility of visa denials. Therefore CIR recommends avoiding foreign travel when renewing a visa is needed for re-entry. 

If you decide to travel abroad to renew your visa, prepare to concisely explain your home ties with documentary evidence to back you up. If requested, also be prepared to answer questions about prior U.S. travel history. Note that nationals from the full travel ban countries must avoid travel; nationals from the partial ban countries should review travel ban restrictions to ensure they are not barred from re-entry. If travel can not be avoided, consult an immigration attorney prior to departing the U.S. For CIR members who are stuck abroad or who wish to utilize their free immigration consultation benefit, email legal@cirseiu.org. 

USCIS processing times have increased across the board. Individuals submitting a DACA renewal application, which includes an employment authorization card, should be mindful of this increased processing time especially since DACA renewal processing times were historically shorter. Consistent with current USCIS guidelines, we strongly recommend submitting DACA renewal applications 5 months before your expiration date. Biometrics will be routinely requested which lengthens processing times
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See USCIS’ FAQs discussing DACA renewals here. 

Effective January 1, 2026, the U.S. expanded the June 2025 travel ban and barred entry into the U.S. for citizens of the following 19 countries: Afghanistan, Burkina Faso, Burma (Myanmar), Chad, Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Laos, Libya, Mali, Niger, Sierra Leone, Somalia, Sudan, South Sudan, Syria, Yemen as well as individuals with Palestinian Authority-issued travel documents. A partial ban was imposed for J and F visa holders (and other nonimmigrant categories) from the following 19 countries: Angola, Antigua and Barbuda, Benin, Burundi, Cote d ‘Ivoire, Cuba, Dominica, Gabon, The Gambia, Malawi, Mauritania, Nigeria, Senegal, Tanzania, Togo, Tonga, Venezuela, Zambia and Zimbabwe. See the expanded travel ban announcement HERE. CIR strongly recommends avoiding non-essential travel for citizens of these 38 countries and holders of Palestinian Authority travel documents. If travel can not be avoided, consult an attorney prior to departing the U.S. For CIR members who are stuck abroad, email legal@cirseiu.org.

As of December 15, the government will require that social media accounts be switched from private to public for all H-1B, and their dependent H-4, visa applicants (see announcement here). Consular officers are instructed to use all available information in visa screening and vetting to identify visa applicants who are inadmissible (i.e. ineligible for entry) to the U.S. including those who pose a threat to U.S. national security or public safety. This expanded screening already applies to J  and F visa applicants (see that announcement of June 18, 2025, below).

A Presidential Proclamation entitled Restriction on Entry of Certain Nonimmigrant Workers took effect on Sunday, September 21, 2025. The Proclamation aims to restrict the entry of H-1B workers into the U.S. except for those whose petitions are accompanied by a $100,000 payment, with limited exceptions. 

Official guidance on the Proclamation thus far indicates the following: That on or after the effective date, an H-1B petition filed for a beneficiary already present in the U.S. which requests an amendment, change of status or extension of stay (for the same or a different employer) would not be subject to the Proclamation if such request is granted by USCIS. If USCIS approves such a petition, and the beneficiary subsequently departs the U.S. and applies for an H-1B visa at a consulate/embassy based on the approved petition, they would not be subject to the Proclamation. Those already in possession of a valid H-1B visa and who seek re-entry into the U.S. would not be subject to the Proclamation. 

The same guidance indicates when the Proclamation would apply: it applies to new H-1B petitions filed on or after September 21, 2025 for beneficiaries who are outside of the U.S. and do not have a valid H-1B visa. It applies to beneficiaries in the U.S. who request that their petition be processed abroad at a U.S. consulate or embassy, port of entry or pre-flight inspection. It also applies if USCIS denies a request for an amendment, change of status or extension of stay, for example, because USCIS determines that the beneficiary is not in a valid nonimmigrant visa status or they depart the U.S. while a change of status request is pending. When the Proclamation applies, payment is made according to instructions provided by USCIS. 

Since official guidance regarding the Proclamation is evolving, we strongly recommend that individuals who could be impacted seek advice from an immigration attorney regarding their particular circumstances before traveling abroad.

On August 28, 2025, the Department of Homeland Security (DHS) announced a proposed rule to end Duration of Status (D/S) for those in J-1 status (among other categories). Currently resident physicians in J-1 status can remain in the U.S. for the duration of their medical training. The rule change seeks to eliminate D/S and instead set a fixed end date of status which would then require J-1 physicians to repeatedly apply for extensions of status with USCIS until they complete their residency or fellowship program. The proposed rule also caps the total time in J-1 status to 4 years maximum. If this rule is implemented, nearly 17,000 J-1 physicians in 49 states nationwide who serve in urban and rural areas alike, as well as their sponsoring hospitals, will be affected. CIR notified our 40,000+ members about this important issue and encouraged submission of public comments in opposition to the rule change before the September 29, 2025 deadline. CIR will continue to monitor this issue. Check back on this page for further updates.

Nonimmigrant visa (NIV) appointments should be scheduled in country of nationality or residence: Effective September 6, 2025, the Department of State announced that NIV applicants, such as for J, H, and F visas, should schedule their visa appointment in the U.S. embassy or consulate in their country of nationality or residence with limited exceptions. For nationals of countries where U.S. nonimmigrant visa operations are suspended or ceased and who do not have residence elsewhere, they must apply at the embassy or consulate designated for their country (these designations can be found HERE. NIV applicants applying outside of their country of nationality or residence should expect to wait significantly longer for a visa appointment and may find it more difficult to qualify for a visa. Existing visa appointments will generally be honored. CIR will continue to monitor this development and provide updates on this page. Please note that the June 9, 2025 travel ban affecting 19 countries (explained further below) remains in effect.

For those renewing a visa abroad – and who are not citizens of countries listed under the full or partial travel ban – prepare for longer wait times for visa appointments, longer processing times, a higher likelihood of cases being placed into administrative processing and the possibility of visa denials. At this juncture, CIR recommends forgoing non-essential travel for visa holders. If travel can not be avoided, consult an immigration attorney prior to departing the U.S. For CIR members who are stuck abroad, email legal@cirseiu.org. For those in H-1B status who wish to travel abroad, please refer to the information above on the H-1B Presidential Proclamation.

CIR recommends that all non-citizens carry proof of their status by keeping a physical or electronic copy of their I-94 record (or original green card, if applicable) on them at all times.  The failure to have proper proof of status can result in arrest for a federal misdemeanor and, upon conviction, a fine not to exceed $100 or imprisonment for not more than thirty days, or both.