Legislative Update

The Trump administration has issued the new rule on the “public charge” issue on July 17, 2026.  Under the U.S. immigration law, any applicant for an immigration benefit can be denied if they are likely to become a public charge.  A “public charge” is understood to be a person who is likely to utilize government benefits as a major source of subsistence now or in the future. But the federal government has never formally defined the term and the view of who may be considered a public charge has changed under different presidential administrations. The current administration’s rule does not set out a whole new policy on how “public charge” is determined. Instead, the new rule leaves as lot of discretion in the hands of the U.S. Citizenship and Immigration Services’ officers meaning that we are likely to see more case-by-case determination and adjudication inconsistencies. Consult your immigration legal counsel when preparing applications for immigration benefits, such as permanent residency (Green Cards), to ensure that strong and accurate data is provided with every submission.

Department of Homeland Security Update

The U.S. Department of Homeland Security (DHS) has just ended a four-decade old policy that allowed foreign students to remain in the U.S. through the end of their educational program. The policy manifested itself in the entry document (I-94 Card) issuance to international students for “duration of stay” vs. a limited term. Under the new DHS rule, foreign students (most frequently, in F-1 status) would be limited to a 4-year maximum stay in this country unless they apply for and receive an extension.  International students would also be restricted in their ability to change their major area of study and transfer from one school to another.  The new policy allows the government to exercise significant measure of control over the students’ academic progress and duration of stay in the U.S. The rule is taking effect on September 15, 2026. Per the DHS clarification, international students currently in the U.S. can “remain through their current program period or up to four additional years.”

Department of State Update

The U.S. Department of State (DOS) has recently updated its instructions to all nonimmigrant visa applicants scheduling their visa interview appointments with U.S. consulates abroad.  According to the instructions, all nonimmigrant visa applicants are required to schedule and attend their visa interviews at the U.S. consular offices in their respective country of nationality or residence.  Nationals of countries where the U.S. consular presence is limited, must apply at the designated U.S. embassy or consulate unless they can provide evidence of their residence in a different country.  Visa candidates applying outside their country of nationality or residence would face significantly longer appointment waiting times. Additionally, DOS advises that fees paid for applications submitted outside the DOS-defined jurisdictions would not be refunded or transferred between consular offices.  This highlights the importance of carefully planning one’s visa application process including the consular location selection and online questionnaire completion for the appointment.

Did You Know?

While filing for Adjustment of Status in the U.S. used to be routine, the process has recently become more challenging and may now require applicants to present arguments regarding their fitness to undergo the last leg of the Green Card process in the U.S.  Munsch Hardt's immigration team is carefully planning every Adjustment of Status submission for both employment- and family-based applicants and helps clients to best present their case to the immigration service (USCIS) and substantiate eligibility for status adjustment without departing from the country.