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November 2026 Visa Bulletin

The U.S. Department of State (DOS) has released the November 2026 Visa Bulletin. Several employment-based and family-based cutoff dates advance, while others remain unchanged. Unless otherwise noted, the cutoff dates below are from the final action chart (Chart A), which governs when an immigrant visa number may be issued or an adjustment application approved. The EB1 cutoff date for China advances to 01.Aug.2023. India’s cutoff date remains 01.Feb.2023. EB1 remains current for all other countries of chargeability.

Adjustment of Status Filing Charts from the Visa Bulletin November 2026

USCIS determined that, for November 2026, applicants in all family-sponsored preference categories and employment-based preference categories must use the Dates for Filing chart. For Family-Sponsored Filings: For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for November 2026.

Removing Deference to Prior USCIS Determinations of Eligibility

The U.S. Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), proposes to remove 8 CFR 214.1(c)(5), which generally provides that USCIS gives deference to a prior approval involving the same facts when adjudicating a request to extend a petition for an alien's employment or stay. This change would better align DHS regulations with the statute, which places the burden of proving eligibility for all immigration benefits on the petitioner, applicant, or beneficiary; strengthen adjudicatory review; and support agency priorities to improve the integrity of the immigration system and better protect the interests of U.S. workers.

Removal of Automatic Extensions for Certain Employment Authorization Documents

On October 30, 2025, DHS published an interim final rule (IFR) that amended DHS regulations to end the practice of automatically extending the validity of employment authorization documents (Forms I- 766 or EADs) for aliens who have timely filed an application to renew their EAD in certain employment authorization categories. This final rule responds to comments received on the IFR and reaffirms and finalizes the provisions of the IFR. Ending the automatic extension of EADs enhances benefit integrity and prioritizes the proper vetting and screening of aliens before granting a new period of employment authorization and/or a new EAD.

Justice Department Moves to Strip Citizenship from 40 Criminals in Largest Single-Period Filing Under the Trump Administration

U.S. Citizenship and Immigration Services partnered with the Department of Justice in its filing of denaturalization actions against dozens of individuals accused of serious offenses, including acting as an agent for a foreign government, committing voluntary manslaughter, and aggravated sodomy against a special‑needs man. Under the Immigration and Nationality Act, a naturalized U.S. citizen’s citizenship may be revoked and their certificate of naturalization canceled if the naturalization was illegally obtained or obtained by hiding important facts or by lying. The charges below were filed over the past couple of months.

Matter of B-S-A-N- · 30 I&N Dec. 145 (BIA 2026)

(1) Immigration Judges should generally deny asylum applications filed by nationals of highly developed, democratic countries that broadly respect and protect human rights, except in extraordinary circumstances involving national security or foreign policy considerations. (2) European Union citizens are presumptively ineligible for a discretionary grant of asylum in the United States because they are entitled to indefinitely reside lawfully in any EU member state.

USCIS Opens Asylum Office in Charlotte

U.S. Citizenship and Immigration Services (USCIS) is opening an asylum office in Charlotte, North Carolina. Beginning Oct. 13, 2026, aliens residing in North Carolina or South Carolina who have filed or are filing for asylum will fall under the jurisdiction of the new Charlotte Asylum Office and may be scheduled to appear for interview at this location. If you applied for asylum and USCIS schedules you for an asylum interview, carefully review your interview notice for important information about where to appear for your interview.

DHS proposes new fees for Optional Practical Training

DHS proposes new fees for schools recommending students for OPT: $70,000 for initial OPT and $30,000 for subsequent OPT. This notice is a proposal, not an enacted fee requirement. The rulemaking comment deadline is November 9; a separate information-collection deadline is December 7.

Reports of employer PERM suspensions: what is documented

News reports describe PERM suspensions involving Microsoft and other employers. A House member’s statement responds to the announcement. The underlying DOL suspension notices were not retrieved for this collection, so individual case effects remain unverified here.

MurthyAudio: H1B Job Terminations and RFEs

The employer’s legal requirements for a layoff of an H1B worker and trends in Requests for Evidence are discussed by Murthy Law Firm attorneys in the October 2026 podcast. The MP3 is available here and soon can be found in the archive of our podcasts and teleconferences on iTunes. Find more topics under the MurthyAudio tab on our homepage.

DOS Updates List of Countries Subject to Visa Bonds to Include Increases in Bond Amounts

DOS updated its webpage on countries subject to visa bonds. The countries are unchanged. Bonds increased to $10,000, $15,000, 0r $20,000, reflecting the final rule. DOS also removed the section on the FIFA World Cup exception, added a section on third-party payment, and edited sections on visa bond breach and compliance.

Presidential Determination on Refugee Admissions for Fiscal Year 2027

Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for Inflation

The Department of Homeland Security (DHS) is announcing Fiscal Year (FY) 2027 inflation adjustments to certain immigration-related fees required by the One Big Beautiful Bill Act (HR-1). HR-1 requires that DHS annually adjust certain immigration-related fees for inflation. This notice sets the inflation-adjusted FY 2027 fee amounts for the following immigration fees required by HR-1: the fee for parole of an alien into the United States, the Electronic System for Travel Authorization (ESTA) fees, and the fee for enrollment in the Electronic Visa Update System (EVUS). In accordance with the inflation adjustment rounding requirement in HR-1, the existing fee for Form I-94 Arrival/ Departure Record applications will not change for FY 2027.

Certain DHS Immigration-Related Fees Required by HR-1: Fiscal Year 2027 Adjustments for Inflation

The Department of Homeland Security (DHS) is announcing Fiscal Year (FY) 2027 inflationary adjustments for two of the immigration enforcement-related fees established by the One Big Beautiful Bill Act (HR-1). HR-1 requires that DHS annually adjust certain immigration enforcement-related fees for inflation. The adjusted fee amounts for FY 2027 for aliens ordered removed in absentia who are subsequently arrested and inadmissible aliens apprehended between ports of entry are $5,300. On October 16, 2026, DHS will begin assessing and collecting these new amounts.

Fiscal Year 2027 Inflation Adjustment to H.R. 1 Immigration Fees

U.S. Citizenship and Immigration Services (USCIS), a component of the Department of Homeland Security (DHS), is announcing inflationary adjustments to immigration-related fees administered by USCIS under the One Big Beautiful Bill Act (H.R. 1) for Fiscal Year (FY) 2027. H.R. 1 mandates that USCIS adjust the H.R. 1 fees annually. This notice outlines the adjusted fees and their effective date.

U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule

This final rule adjusts the Employment-Based Immigration, Fifth Preference (EB-5) immigration benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). It also codifies provisions of the EB-5 Reform and Integrity Act of 2022, implements new statutory requirements, and addresses public comments received on the proposed fee rule published on October 23, 2025.

USCIS Announces FY 2027 Inflation Increase for Certain Immigration-Related Fees

U.S. Citizenship and Immigration Services has issued a Federal Register notice that will increase certain H.R. 1 immigration-related fees for fiscal year 2027. These fee adjustments are minor and account for inflation from July 2025 through July 2026. On July 22, 2025, USCIS published a Federal Register notice announcing the implementation of these H.R. 1 immigration-related fees. Beginning in FY 2026, and continuing for each subsequent fiscal year, the Department of Homeland Security will adjust some of these fees for inflation, as specified in H.R. 1.

USCIS Adjusts EB-5 Fees to Cover Program Costs and Strengthen Integrity Measures

U.S. Citizenship and Immigration Services (USCIS) is updating fees for the EB-5 Immigrant Investor Program to ensure EB-5 fees fully recover the cost of operating the program, meet statutory processing time goals, and support integrity measures such as audits and site visits. Congress created the EB-5 program in 1990 to promote U.S. economic growth through job creation and capital investment by immigrant investors. By investing in the U.S. and creating American jobs, aliens can become eligible for lawful permanent residence (also known as a Green Card).

Inflation Adjustment for EOIR OBBBA Fees for Certain DHS Forms; Fiscal Year 2027

The Department of Justice ("Department") is providing notice of statutorily required inflation adjustments to immigration-related fees for certain Department of Homeland Security ("DHS") forms filed with the Executive Office for Immigration Review ("EOIR") under the One Big Beautiful Bill Act for Fiscal Year ("FY") 2027.

USCIS policy guidance: Definition of Day for Purposes of Filing Deadlines

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify how USCIS applies the regulatory definition of “day” to filing deadlines. This policy becomes effective October 23, 2026.

USCIS policy guidance: Controlled Substance Trafficking, Significant Trafficking in Persons, and Money Laundering Grounds of Inadmissibility

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the inadmissibility of aliens engaged in controlled substance trafficking, significant trafficking in persons, and money laundering under section 212(a)(2) of the Immigration and Nationality Act (INA).

USCIS policy guidance: Revocation of Naturalization Referrals

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual on referring cases for revocation of naturalization (commonly referred to as “denaturalization”) under section 340 of the Immigration and Nationality Act (INA).

USCIS policy guidance: Registration of Lawful Permanent Residence for Children Born to Foreign Government Employees in the United States

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the regulatory changes on the registration of children born to foreign government employees in the United States as lawful permanent residents. Additionally, this update provides definitions for key terminology.

Court Order on Diversity Immigrant Visa Program Hold Policy

On Aug. 28, 2026, the U.S. District Court for the Northern District of California issued an order in Medani, et al., v. Trump, et al., 26-cv-6332 (NDCA), temporarily vacating PM-602-0193 pending further litigation. USCIS is ordered, “to the extent practicable and in good faith, to take all reasonable steps during the remainder of the Diversity Visa fiscal year to resume ordinary adjudication of plaintiffs’ pending adjustment of status applications without applying” PM-602-0193. Further, the Court granted in part plaintiff’s motion for class certification. With respect to USCIS, the Court certified the following subclass: “all selectees and derivative beneficiaries under the FY-2026 Diversity Visa Program who are subject to the USCIS DV Hold imposed by Policy Memorandum PM-602-0193.”

OFLC Announces Updates to Implementation of the H-2A Adverse Effect Wage Rate Methodology for Non-Range Occupations Interim Final Rule; Compliance with District Court Order

This notice is provided to comply with the August 26, 2026 Order of the United States District Court for the Eastern District of California entered in United Farm Workers, et al. v. DOL, et al., No. 25-cv-01614-KES-EGC ("Order"), requiring the U.S. Department of Labor (the "Department") to provide public notice that certain employers may be required to make back wage adjustment payments. The Department is complying with the Court's Order by providing this notice. The Department's compliance with the Order shall not be construed to waive its rights to seek further review of and relief from the Order. Nor shall the Department's compliance be construed as an admission that a Court has the authority under law to compel DOL or employers to cause back wage adjustments for the reasons set forth in the Court's Order. Congress charged the Department with administering the H-2A program. In doing so, the Department is obligated to "balance the competing goals of the statute—providing an adequate labor supply and protecting the jobs of domestic workers." AFL-CIO v. Dole, 923 F.2d 182, 187 (D.C. Cir. 1991). In carrying out that responsibility, courts have recognized that the Department has broad discretion to determine the appropriate methodology for establishing the Adverse Effect Wage Rate ("AEWR"). As one court explained, the "choice of [AEWR] methodology" for achieving those twin aims "is really a policy decision taken within the bounds of a rather broad congressional delegation" to the Department. Kansas, et al. v. U.S. Department of Labor, 749 F. Supp. 3d 1363, 1374 (S.D. Ga. 2024) (quoting Dole, 923 F.2d at 187).

USCIS policy guidance: Non-Governmental, Nonpartisan Organization Voter Registration Services at Administrative Naturalization Ceremonies

U.S. Citizenship and Immigration Services (USCIS) is rescinding the August 29, 2025 policy, Voter Registration at Administrative Naturalization Ceremonies, PA-2025-21, and reinstating policy guidance in the USCIS Policy Manual to permit nonprofit and nonpartisan non-governmental organizations to participate in administrative naturalization ceremonies. Such organizations may participate by distributing and collecting voter registration applications and officially registering new citizens to vote immediately following the ceremony, when state and local election offices are not available to do so.

U.S. Citizenship and Immigration Services Employment-Based Immigrant Visa, Fifth Preference (EB-5) Fee Rule

The Department of Homeland Security (DHS) proposes to adjust Employment-Based Immigration, Fifth Preference (EB-5) immigration benefit request fees charged by U.S. Citizenship and Immigration Services (USCIS). This rule also proposes to codify certain elements of the EB-5 Reform and Integrity Act of 2022 and implement new statutory requirements. DHS intends for the rule to provide USCIS with the resources necessary to accomplish the goals of the EB-5 Reform and Integrity Act of 2022 and enhance and maintain the integrity of the EB- 5 program.

USCIS Immigration Fees Required by HR-1 Reconciliation Bill

U.S. Citizenship and Immigration Services (USCIS) is announcing a series of fees to be collected by USCIS. Recently enacted legislation that provided for reconciliation pursuant to Title II of House Concurrent Resolution 14, titled HR-1, establishes specific fees for various immigration-related forms, benefits, statuses, petitions, applications, and requests administered by multiple government agencies. This notice announces the new fees that are administered by USCIS, a component of the U.S. Department of Homeland Security (DHS), to whom those fees apply, when the new fees take effect, instructions on their payment, when and if the fees may be waived, and consequences of the failure to pay. This notice is intended to provide the information needed for the public to comply with the new law.