Year: 2026

Article: PERSONS ADMITTED TO U.S. AS REFUGEES DO NOT DESERVE THIS TREATMENT

As published in the Immigration Daily on March 3, 2026

What is a refugee? A person fleeing persecution. If coming to the US, a person who has been vetted constantly over a long period of time and when finally admitted, welcomed to the country and sponsored by private organizations to become acclimated to be a productive member of society.

So it was shocking to read the horror story inflicted by ICE on a refugee who had done all the right things since being admitted to this country. As reported in the January 29, 2026, New York Times article, “They Had Done Everything Right. ICE Detained Them Anyway,” https://www.nytimes.com/2026/01/26/us/politics/ice-minnesota-refugees.html, a refugee Eritrean single mother of three in St. Paul, Selamawit Mehari, was taken from her apartment by ICE in the presence of her 13-year-old son and an older daughter who produced papers proving their mother was in the US lawfully, but they took her away anyway. The next day, chained at the wrists, waist and ankles, the mother was hustled off on a plane to a detention center in Texas. She spent five days in custody. Before Texas, she was told by ICE in Minnesota that she would be transferred to Texas and deported and whether she wanted to take her kids with her. An officer explained that she had been detained because she had not adjusted her status and her case would be reassessed. In Texas, she was given prison garments, rubber slippers and locked in a frigid room with other women with mattresses on the floor and thin metallic sheets to huddle under. She lost track of time. At some point, she was questioned for three hours with an interpreter on the line. The questions were the same questions that she had answered when she was approved to come to the US as a refugee. At the end of five days, she was released along with other refugees without money or identification and had to make her way from Texas back to Minnesota. Later that day, the family learned that her green card had been approved. The day after release, she still did not have her documents or her favorite gold chain which had been confiscated (at the price of gold these days, one hopes that ICE returned the chain).

Further shocking in the article were assertions that more than 100 refugees with no criminal records from about a dozen countries had been arrested in Minnesota by immigration agents in recent weeks and flown to detention centers in Texas for interviews.

And yet all became clear in a February 18, 2026, submission by the government to Judge John R. Tunheim of US District Court in Minnesota in the case of UHA v. Bondi, 26-CV-417-J RT-DLM containing a same-day USCIS/ICE memo, “Detention of Refugees Who Have Failed to Adjust to Lawful Permanent Resident Status” Feb 18 USCIS ICE Chamorro Memo.pdf – Google Drive, outlining how any refugee who had lived in the US for at least one year and not yet acquired permanent resident status could be arrested and detained by DHS.

The memo cites authority under the refugee adjustment statute, INA §209 (a) (1), that unadjusted refugees return or be returned to DHS custody for inspection and examination for admission to the US – that refugees may be considered to have voluntarily returned to custody by submitting an application to adjust status and appearing at scheduled interviews or appointments pertaining to their adjustment of status application – but if a refugee does not voluntarily return at the one-year mark, the statute provides that the alien shall be returned to DHS custody requiring DHS to locate, arrest, and take the alien into custody (page 3).

The statute clearly contemplates a process under which a refugee who has not acquired permanent resident status through other means and has been physically present in the US for at least one year should file for adjustment of status to permanent residence. The memo itself acknowledges filing to adjust status and appearing at scheduled interviews or appointments as compliance with the requirement of voluntarily returning to custody. The statute does not contemplate detention under such circumstances.

So the standard way in which refugees “return” is through applying for adjustment of status. However, they are not allowed to apply for adjustment of status until one year has passed since their admission as refugee. 8 CFR 209.1. On application, the average time for adjudication on adjustment of status is 12 months according to USCIS current processing times. https://egov.uscis.gov/processing-times/. Is an adjustment applicant protected from detention during the waiting period?  Apparently not, if the similar shanghaiings of Ms. Mehari and three other refugees mentioned in the New York Times article who had already applied to adjust status are examples.

How vetted are refugees before coming to the country? Heavily. The US Refugee Admissions Program (USRAP) includes biometric and biographic checks occurring at multiple stages throughout the process, including at the time of the preliminary resettlement support center interview, before applicants’ departure to the US, and on arrival in the US at the port of entry. Among the various checks are the Department of State Consular Lookout and Support System (CLASS) during prescreening by the resettlement support center including name checks on the applicant’s primary names as well as on any variations. Interagency checks vet applicants through biographic data, including names, dates of birth, and other data points of all refugee applicants within designated age ranges. Before or at the time of USCIS interview, biometric checks are initiated which include FBI fingerprint check through next-generation identification, DHS automated biometric identification system (IDENT), and Department of Defense biometric record check. Applicants then go through a USCIS refugee interview in which highly trained USCIS officers conduct extensive in-person, overseas interviews with all refugee applicants crosschecking many lines of inquiry and developing lines of questioning. National security concerns are handled under the USCIS Controlled Application Review and Resolution Process (CARRP) and enhanced review on certain refugee cases is done by the USCIS Fraud Detection and National Security Directorate (FDNS). Prior to flying to the US, applicants are further subject to Customs and Border Protection (CBP) vetting and inspection before being admitted to the country. https://www.uscis.gov/humanitarian/refugees-and-asylum/refugees/refugee-processing-and-security-screening

So these are individuals who should be given the presumption of not being threats against the interests of the United States. If the memo was due to the actions of Rahmanullah Lakanwal, a 29-year-old Afghan national accused of shooting two National Guard members in Washington, D.C in November 2025, the memo should be withdrawn because the circumstances of his reported case do not indicate that Mr. Lakanwal’s entry into the country was based on anything but the truth or that he was a secret sympathizer with America’s enemies. The known facts are that he helped the CIA in Afghanistan in an elite counterterrorism Zero Unit; was airlifted to the US under humanitarian parole in “Operation Allies Welcome” the month after the US military withdrew from Afghanistan; applied for and was granted asylum under the Trump administration in April 2025; and was reported to be struggling with psychological and economic problems, frustration and depression. A caseworker said that she personally believed that he was suffering from both PTSD from his work with the US military and possibly manic-depressive, mostly depressive. National Guard shooter’s social posts, messages reveal turmoil – The Washington Post.

The memo states that refugees may voluntarily appear for inspection by showing up in an immigration office or complying with scheduled appointments, yet this writer has not read or heard of USCIS sending out appointments for refugees to appear directly after one year of their admissions – neither has he heard that refugees can just appear at a USCIS office without appointment. Security guards at federal buildings typically turn away those without appointments, and even if making it past security, immigration officers usually do not have time or the means to accommodate those without appointments.

The nation should not be stigmatizing, detaining, attempting to deport, and transporting refugees to distant states in wretched conditions as this is treatment not even meted out to the worst criminals or suspected foreign agents. The memo appears to have only been contrived to terrorize the refugee community and to discourage their further legal stay in this country. It should be immediately withdrawn.

Alan Lee, Esq. Q&As published on the World Journal Weekly on March 1, 2026 1. The main benefit of switching from H-4 employment to H-1B is that you would not be dependent upon your spouse 2. EB-1A applications do not require Supplement J form 3. Incorrect occupation code in the State of Occupation Certificate (SOC) is not a basis to revoke an I-140 approval 4. Filing an NIW application is considered to have applied for an immigrant visa 

1. The main benefit of switching from H-4 employment to H-1B is that you would not be dependent upon your spouse

A reader asks:
I graduated with a master’s program in 2022 but did not get selected in the 2023 and 2024 H-1B lotteries. Since I only have one chance left and my spouse’s I-140 has already been obtained, I applied for an H-4 and recently received the H-4 EAD. Unexpectedly, my company has now offered to sponsor my H-1B and asked if I am interested. This is a pleasant surprise. For two reasons, I want the company to sponsor me. First, the H-4 work authorization rules may change in the next four years; second, I am concerned about potential gaps when ending my H-4 status in 3 years.  I also have some concerns: If I don’t get selected in the 2025 H-1B lottery, will it affect my H-4 EAD? As long as my H-4 EAD remains valid, can I continue entering the lottery every year? Are there any other advantages or disadvantages of switching from H-4 to H-1B?

Alan Lee, Esq. answers,
If those are your concerns with work authorization under the H-4 category, they should be alleviated by the fact that the Supreme Court recently refused to take up a challenge to the DC circuit decision protecting the right of H-4 dependents to work where qualified under the regulation. Please note a recent change, however, that the automatic extension rule for timing filed EAD renewals has been eliminated and that extensions should be filed as soon as possible (up to 180 days before the expiration date). On your concerns, being selected in the H-1B lottery has no effect upon H-4 EAD; you can continue entering the lottery every year and it would be best to keep legal status to avoid the possible imposing of a $100,000 fee if you are selected and a company decides to sponsor you for the H-1B petition; and the main benefit of switching from H-4 employment to H-1B is that this would now be your case, and you would not be dependent upon your spouse to maintain his or her H-1B status.

2. EB-1A applications do not require Supplement J form

A reader asks:
I filed my I-485 in November 2025, based on an EB-1A approved I-140. However, I was laid off by my company at the end of November 2025. In the past month or so since the layoff, I’ve been looking for a job, but because I don’t have a green card or work permit, I haven’t made much progress. I was thinking of waiting until I get my green card or work permit before looking for a job again. However, today I received a Request for Initial Evidence letter from the USCIS, asking me to submit Form Supplement J. My lawyer previously said that EB-1A or NIW cases don’t require submitting Form Supplement J. I am currently unemployed, how should I handle this?

Alan Lee, Esq. answers,
Your attorney is correct that Supplement J is not required for EB-1A filings. You should follow your attorney’s advice. The language in the I-485J instructions is the following:

NOTE: Individuals seeking or granted a National Interest Waiver of the job offer requirement and individuals seeking or granted classification as an alien of extraordinary ability under INA section 203(b)(1)(A) do not need to file Supplement J. Because these employment-based immigrant visa categories are not tied to a specific job offer, individuals seeking or granted classification as an alien of extraordinary ability or seeking or granted a National Interest Waiver of the job offer requirement do not have to file Supplement J when filing Form I-485 or to request job portability under INA section 204(j).

3. Incorrect occupation code in the State of Occupation Certificate (SOC) is not a basis to revoke an I-140 approval

A reader asks:
I’m preparing to file my I-485, and I just discovered that my I-140 was approved several years ago. The SOC code on the I-140 approval notice is incorrect; it should be 151132, but the notice shows 111132. I don’t know if USCIS made a mistake or if the law firm made a mistake in the application. The worst part is, the SOC code 111132 doesn’t even exist. How should I proceed? If USCIS made the mistake, can I simultaneously file the I-485 and request a correction to the I-140? If the law firm made the mistake in the application, how should I handle this?

Alan Lee, Esq. answers,
I believe that if you have the I-797 approval sheet, you can move forward with filing the I-485. Whether it was your attorney’s or USCIS’s error with the SOC code, that would likely be considered an error of little consequence. If USCIS wanted to check the record, it could open theI-140 petition file and take whatever action that it deems appropriate. Having a wrong SOC code on the approval sheet is not a basis to revoke an I-140 approval.

4. Filing an NIW application is considered to have applied for an immigrant visa 

A reader asks:
I am a STEM PhD student, and my seniors are applying for NIW (National Interest Waiver) or EB-1 (Outstanding Talent) because they are about to graduate. Many people suggest that I use NIW to apply for a green card and occupy a priority date. I have published 7 articles and have dozens of citations, but my F-1 visa has expired, and I need to renew it abroad. My question: Will submitting an NIW application affect my future F-1 renewal or entry into the United States?

Alan Lee, Esq. answers,
A F-1 student visa applicant must show nonimmigrant intent and the DS-160 visa application form asks whether you have applied for an immigrant visa petition. You must answer in the affirmative if you have already applied for an NIW I-140 petition. Otherwise, you may be deemed to have committed fraud or misrepresentation in the application. A consular officer will consider the factor of your having applied for an immigrant visa petition in his or her decision of whether to allow renewal of the F-1 visa.

Alan Lee, Esq. Q&As published on the World Journal Weekly on February 22, 2026 1. Can I transfer to Day 1 CPT when my H-1B expires? 2. The I-140 petition must be filed within 180 days of PERM approval.

1. Can I transfer to Day 1 CPT when my H-1B expires?

A reader asks:
My H-1B expires in September this year, and my company insists on starting the PERM application in the second half of this year. I’d be lucky to even get a PWD before it expires. In this situation, can I use Day 1 CPT to maintain my employment? If so, do I need to maintain CPT until the I-140 is approved, or until I get my green card?

Alan Lee, Esq. answers,
Yes, I agree that it would be very difficult for you to even get the prevailing wage determination by September if the company will not begin your PERM process until the second half of this year and your H-1B will be expiring in September (I assume that the expiration that you are talking about is for the six year limit on H-1B’s). For you to use Day One CPT, you would first have to change to F-1 student. You should also be aware that USCIS generally frowns on the practice and may give problems to your case in the future if you move in the direction, especially if your intended schooling is on the same level as your present degree. On your other question, you may hopefully be able to change back to H-1B when your labor certification application has been pending for one year or the I-140 petition is approved.

2. The I-140 petition must be filed within 180 days of PERM approval.

A reader asks:
My initial understanding was that H-1B visas could be renewed indefinitely under the following three circumstances: If a 1-year or 3-year PERM application is submitted and not approved after one year, it can be renewed for one year. After I-140 approval, it can be renewed for three years. However, I consulted a lawyer today, and she said she had never heard of the first situation. What’s going on? They handle all EB cases at their law firm, so they shouldn’t be unaware of this, right? Also, if the PERM is approved, but the I-140 hasn’t been filed yet, can I still renew my H-1B?

Alan Lee, Esq. answers,
Perhaps you did not express yourself clearly to the attorney, but you are correct that under AC- 21, a H-1B can be extended past the normal six year period of time if a labor certification has been going on for a year in which case the H-1B can be extended for one year. Where the I-140 has been approved, a three year extension can be requested so long as the priority date is not current. To your question of whether you can still extend the H-1B if the PERM is approved but the I-140 not yet filed, such can be done as long as 365 days have passed the PERM was filed. Kindly remember that the I-140 petition must be filed within 180 days of PERM approval.

Alan Lee, Esq. Q&As published on the World Journal Weekly on February 8, 2026 1. Whether adding a derivative beneficiary will slow down green card processing timeline？ 2. Being laid off does not necessarily invalidate an EB-1A visa.

1. Whether adding a derivative beneficiary will slow down green card processing timeline？

A reader asks:
I submitted I-485 a year ago and was RFE. In the meantime, I got married, and now I want to add my spouse to my I-485.  I have seen posts mentioning that this can be done either through the “follow-to-join” process or by adding a derivative beneficiary to your existing I-485 application. Which option is more reasonable?

My main concern is whether adding a derivative beneficiary will slow down my green card processing timeline. Will it take longer to approve my case if I add my spouse now? Will my spouse receive a green card later if we use the “follow-to-join” process?

Alan Lee, Esq. answers,
Follow to join is usually a process to allow the spouse to consular process his or her case overseas after the principal has received permanent residence. Adding your spouse to your I-485 means that your spouse will be filing an I-485 application on her own based upon your case. It is difficult to say what will happen to your case in terms of delay in that situation, but there is a possibility that USCIS may wish to request evidence or interview both of you to determine the bona fide nature of your marital relationship.

2. Being laid off does not necessarily invalidate an EB-1A visa.

A reader asks:
I have a feeling I might be laid off, so I want to prepare in advance. Last year, the company’s law firm applied for an EB-1A for me, but I got a Request for Evidence (RFE). USCIS accepted two of the supplementary documents. I submitted the required documents by the end of October last year. Last week, I asked about the case status, and the law firm said they are still working on it and plan to submit it by the end of this month. If I am laid off on February 10th and lose my company email, will my application still be valid? Can I use my personal email address to contact them?

Alan Lee, Esq. answers,
I assume that the company law firm will continue to work on and submit your RFE response on a timely basis. If you are laid off by the company, the validity of the EB-1A filing may depend upon whether you are both the petitioner and beneficiary, or whether the company put itself down as the petitioner. If the company is the petitioner, then your petition would be invalid unless the company still wishes to continue the sponsorship despite laying you off. The company at some point in the future would have to assert that it still has a permanent job available for you if you wish to continue to the immigrant visa or I-485 stage. If you are both petitioner and beneficiary, the case can continue. Whether you are able to stay in contact with the company law firm depends upon the arrangement between you and the company. Whether you can continue to receive updates on your case directly from USCIS depends upon whether you are listed as the petitioner. If so, USCIS will send you a separate notice.

Alan Lee, Esq. Q&As published on the World Journal Weekly on February 1, 2026 1. USCIS is giving additional scrutiny to nationals of China who graduated from one of China’s “Seven National Defense Universities”.

1. USCIS is giving additional scrutiny to nationals of China who graduated from one of China’s “Seven National Defense Universities”.

A reader asks:
I graduated from one of China’s “Seven National Defense Universities,” and I applied for EB-3 (downgrade). Both my spouse and I applied. 400 days have passed, and our case is still pending. We received our combo cards in March 2025, and there have been no other updates since then. Last October, the priority date retrogressed, but it became current again in January of this year. Our fingerprints were taken 400 days ago, and we still haven’t heard anything. Should I write to my congressman?

Alan Lee Esq answers,
As you are aware, USCIS is giving additional scrutiny to nationals of China who graduated from one of China’s “Seven National Defense Universities”. It is thus not surprising that your I-485 adjustment of status processing is taking so long. If you or your legal representative have not already done so already, you for your legal representative can contact USCIS at its customer service center at 1-800-375-5283 or make an E-Request electronically at https://egov.uscis.gov/e-request/ if the processing time has exceeded posted current times. If you have already done so, then you may certainly wish to contact your local US representative or senator to look into your case.

Alan Lee, Esq. Q&As published on the World Journal Weekly on January 25, 2026 1. 1. If I-485 is denied and H-1B needs to change employer

1. If I-485 is denied and H-1B needs to change employer

A reader asks:
I am currently working under an L-1B, with a priority date (PD) of December 2020. In early 2024, after the EB-3 Chart B became current, I downgraded and concurrently filed my I-140 and I-485. I found that at the time of filing, an I-485j was not required. Later, I received my combo card. My I-485 has been pending for almost a year, and I am currently in CRP (since Chart A has not yet become current). In 2024, I was finally selected in the H-1B lottery, but because of the pending I-485, my lawyer advised consular processing for H-1B activation. So I currently have an approved H-1B I-797, but haven’t attended the H-1B visa interview. After being laid off, the company is likely to keep me on payroll for a few more months.

Can I leave the US and apply for an H-1B visa during this period? Since I am currently on L-1B, if the H-1B visa is not viable, I understand that I can remain legally in the U.S. using my combo card. Given that my I-485 is in CRP, I need to wait for Chart A to become current before my case is processed (e.g., receiving an interview notice or an RFE for I-485j). Is my understanding correct?

The EB-3 Chart A is currently at early July, meaning my December priority date will likely not be current at least the next fiscal year, which gives me about 9 months to find a job and file a new I-485j. Currently, my title aligns with the SWE (software engineering) job description from my PERM application.  Does this mean I can look for a general SWE position under my I-485, or must he job duties be closely related to my previous role?

If my I-485 is denied, I will have to leave the U.S. immediately.  Would I still have an opportunity to find a job and return to the United States later? I have an approved H-1B I-797. Can a new employer file a petition for me, or would I have to go through the lottery process again?

Alan Lee, Esq. answers,
If the company has laid you off, you should not be thinking of leaving the US in applying for an H-1B visa since that would involve the misrepresentation that you are returning to the US to work for the same employer. During the time that an adjustment of status application is waiting to become current, USCIS can request an interview or further evidence. You are eligible to apply for porting to a new employer if it is offering a position in the same or similar occupation. That would be a judgment call for USCIS depending upon the closeness of the job descriptions, wage, SOC code, etc. If your I-485 application is denied and you have no other basis to remain in the US, you should leave the country within 30 days. Assuming that you had an approved change of status on the H-1B, another employer could file a new petition for you without your having to go through the lottery process again. I note, however, that unless the new $100,000 H-1B fee is successfully challenged, the new employer would likely have to pay the fee in order to do the sponsorship.

Article: H-1B SEASON UPON US – TIME TO BEGIN IF NOT ALREADY STARTED. USCIS STATISTICS ON PROJECTED LEVEL I AND LEVEL II WAGE SELECTION RATES LIKELY WRONG.

As published in the Immigration Daily on January 23, 2026

It is mid-January and the annual cap H-1B season and registration selection process of USCIS is upon us. If cap-subject organizations intend to participate, they should begin to identify candidates in this month if not yet started.

This H-1B season features two new pieces of law which organizations should consider – the Presidential Proclamation’s  $100,000 fee if the company is sponsoring new H-1B petitions from individuals who are overseas or for those in the US whose changes of status are denied https://www.whitehouse.gov/presidential-actions/2025/09/restriction-on-entry-of-certain-nonimmigrant-workers/, and the weighted wage rule which will favor organizations willing to pay a higher wage under the Department of Labor standard for wage levels. https://www.govinfo.gov/content/pkg/FR-2025-12-29/html/2025-23853.htm.  

It should be noted that although both new laws may still be blocked, it should be assumed that they will remain in place for this year’s selection, which will make the selection process more exacting for organizations and their legal representatives.

A reminder – that in the weighted wage rule, just as in a lottery, the highest wage levels get the most ping-pong balls and more chances to win, or in this case to be selected –four balls for level IV, three for level III, two for level II, and one for level I.

Another challenge will be the amount of information required in the process which will necessitate careful thought and preparation in the registration and, if selected, in the later H-1B petition. Information must be disclosed in the registration on the wage to be paid, SOC code (meaning that the job must be defined) and area of employment. The registration process in the past has not required such data. Careful assessment of all registration information to be disclosed should be made to ensure that relevant factors are thoroughly considered and that future applications and petitions are not jeopardized by DHS analysis of submitted information given its rapidly expanding use of AI to crosscheck current with past information.

Most organizations and candidates wonder about the odds of being picked in the weighted wage system. Besides the accepted fact that level III and level IV wages will give more opportunities to be picked, what is the severity of disadvantage if the position’s wage level is level I or level II? Do interested organizations throw up their hands and decide that the odds are not worth the time and expense of submitting H-1B registrations? USCIS itself came up with a methodology in the weighted wage rule using a modeling acceptance figure of 29% for past annual selections based on historical data and somehow extrapolating estimated odds for this year of level I – 15.29%, level II – 30.58%, level III – 45.87%, and level IV – 61.16%. (page 60948 of the Federal Register final rule):

Are these figures approximately correct? It is difficult to say, but it appears that the figures are inaccurate if the $100,000 H-1B fee survives court challenges. The modeling never took into account the effect of the staggering fee in discouraging registrations from overseas in neither the proposed rulemaking nor the final rule. In the final rule’s analysis, DHS explained (page 60941 of the Federal Register final rule):

In this analysis, DHS uses historical data of both registrations and received petitions to estimate the future registration and petition population. DHS uses five-year averages to estimate the number of registrations and H-1B cap-subject petitions received annually. DHS does not adjust these estimates to account for the H-1B Proclamation because, as discussed earlier in this preamble, (1) that Proclamation applies to only a subset of H-1B petitions, (2) exceptions to the $100,000 payment may be granted by the Secretary …, and (3) the H-1B Proclamation will expire, absent extension, 12 months from its effective date. This rule, in contrast, will continue indefinitely.

The following is food for further thought. A USCIS report, “Characteristics of H1B Specialty Occupation Workers” www.uscis.gov/sites/default/files/document/reports/ola_signed_h1b_characteristics_congressional_report_FY24.pdf? released in April 2025 gave information that of the 141,205 H-1B petitions approved for initial employment, 53.8% went to individuals for change of status, amendment, and/or extension of stay processed inside the US, and 46.2% for those consular processing outside the country. Although there are obvious problems correlating this type of data to number of anticipated received registrations and there may be a rush of individuals attempting to come into the US on other types of visas in the hope that they may be selected for H-1B registration and be able to change status successfully, the sheer thought that approximately half of initial H-1B petitions come from overseas shows the potential for a much lower number of registrations for FY 2027 than in FY 2026 (343,981 eligible registrations) https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process? The total count in FY 2026 is probably a better benchmark of likely registration numbers than five-year averages as it was the first year using both biocentric and modernization rules which heavily reduced the counts from four of the last five years. If so, wage levels that must be declared for applicants under the H-1B wage weighting regulation would be impacted so that more beneficiaries with wage level I and II offers could be selected than under the USCIS estimate.

Although the author makes no claim to be a statistician, it seems logical that a recalculation based upon a much lesser number of H-1B registrations along with the known fact that USCIS accepts 120,000+ H-1B registrations annually instead of the 85,000 annual allotted number to make up for anticipated shortfalls due to such factors as candidate withdrawals, job offers falling through, employers discovering ineligibility of the candidates, denials, rejections, withdrawals, and revocations, would improve the odds of selection for lower level wage earners.

Organizations may wish to concentrate efforts on H-1B candidates already here in the States with clear immigration histories more confident that USCIS projected acceptance statistics of level I and level II applicants are likely invalid if the $100,000 H-1B fee is upheld for this year’s registration. On the present status of the fee litigation, there appear to be three main cases. The District Court in Chamber of Commerce of the USA v. U.S. Department of Homeland Security, No. 1:25-cv-03675 (D.D.C. Dec. 23, 2025), upheld the fee and an appeal is presently on a fast-track in the DC Court of Appeals. The other two cases are in different stages in district courts in California and Massachusetts (State of California v. Noem, 1-25cv-13829 (D.Mass.) and Global Nurse Force v. Trump, 4:25-cv-08454 (N.D.Cal.)). As of the date of this writing, there do not appear to be any lawsuits filed against the weighted wage rule.

Alan Lee, Esq. Q&As published on the World Journal Weekly on January 18, 2026 1. USCIS expects to see the last 3 payslips to determine the start of the 60-day grace period 2. What to do if I haven’t received the filing receipt for over 1 month?

1. USCIS expects to see the last 3 payslips to determine the start of the 60-day grace period

A reader asks:
I have been in this company for three years. I had to wait for a year before my green card process could begin. It took 10 months to prepare and submit the PERM application, which was submitted in November 2023 while my H-1B extension was still pending. The company notified me on the same day that my separation date was immediately effective, but they would keep me on the payroll for 5 months. However, this does not help me continue my green card application. I consulted the company’s lawyer and asked if they could help push through my I-140. The lawyer said that it depends on the company’s decision and the chief officer. I hope the company will extend my last working day and assist with the I-140 process. I have scheduled a meeting with them, but my expectations are low.

The lawyer said that my grace period actually started on my termination date, but neither the lawyer nor the company will report to USCIS. He implied that I could use the payroll paycheck date to transfer my H-1B, but I don’t want to take the risk, so I plan to switch to a B-2 visa in a month. I just spoke with the chief officer and learned that the company will not support my I-140 application. I’m now preparing to find a new job. The lawyer mentioned that my grace period starts from the day I was terminated, but my H-1B expired in December last year, and the extension is still pending. Does that mean my grace period actually started from December last year?

Alan Lee, Esq. answers,
During the time that a H-1B extension application is pending, the beneficiary still considered in H-1B status as long as he or she is still with the company. In your situation where the company has separated you during the time of extension, you are given 60 days grace period to find and file a new H-1B petition or take any other action to keep legal status or leave the country. For a new employer to file a H-1B transfer petition or for you to file for a B-2 visa status, USCIS expects see the last 2-3 payslips to determine the start of the 60-day grace period.

2. What to do if I haven’t received the filing receipt for over 1 month?

A reader asks:
I submitted I-485, and now I haven’t received the receipt. It has been a whole month, and the immigration office has not deducted any money, and I have not received a receipt; there is only a confirmation from UPS, and the location is the Chicago office. What should I do?

Alan Lee, Esq. answers,
If your case was delivered to the Chicago office, which is a lockbox, you can attempt to contact USCIS at lockboxsupport@uscis.dhs.gov and perhaps be able to obtain some idea of what has happened to your case. You may wish to initially check whether you sent the package to the correct address. If it is only one month, you may wish to wait another one-two weeks to take into account workload spikes, especially around the holidays.

Alan Lee, Esq. Q&As published on the World Journal Weekly on January 11, 2026 1. A request for porting is conditioned upon the I-140 petition being approved and 180 days have passed 2. The criteria for NIW is that the person’s proposed endeavor has both substantial merit and national importance

1. A request for porting is conditioned upon the I-140 petition being approved and 180 days have passed

A reader asks:
I applied for a professional-based visa to avoid the EB-3 visa because Schedule B is open. I submitted my I-485 and all the necessary documents (including the medical examination report) in early October. However, the Schedule A is still four to five months away. I got my fingerprints taken in early November and quickly received my Combo card. I’m now looking to change jobs after Christmas. I heard there’s a 180-day rule, meaning I have to wait 180 days after submitting my I-485 before I can change jobs. Can I change jobs without waiting 180 days in my current situation? Will the USCIS ask for a paycheck to verify that I’ve been with the company for 180 days since submitting my I-485?

Alan Lee Esq. answers:

Changing jobs now instead of waiting for 180 days brings risk. Your new employer may, by company policy, disclose your start date. A request for porting is conditioned upon the I-140 petition being approved and 180 days passing before changing over to the new employer. There is a possibility that USCIS will not notice and approve the porting under the scenario that you present, but we do not recommend it. USCIS to our knowledge does not normally require payslips in a porting situation.

2. The criteria for NIW is that the person’s proposed endeavor has both substantial merit and national importance

A reader asks:
In June 2024, I filed my NIW I-140 in the US. After graduation, I applied for jobs everywhere, but only received an offer from one company in China. If I return to China to work, will this affect my future I-485 application?

Alan Lee Esq. answers:
The criteria for NIW (National Interest Waiver) is that the person’s proposed endeavor has both substantial merit and national importance; the person is well-positioned to advance the proposed endeavor: an on balance, it would be beneficial to the United States to waive the job offer and thus the permanent labor certification requirement. Since the purpose of NIW is to benefit the United States, you may run into questions on a future I-485 application where your working history does not appear to align with the promises that you are making to this country.