This Week in Immigration: October 23, 2026

U.S. Immigration News

Federal judge upholds USCIS's EB-1A final merits review

A federal judge in Nebraska has upheld USCIS's use of the two-step review process for EB-1A extraordinary ability green card petitions. In Agarwal v. Miller, the court rejected a challenge to the agency's final merits determination, which evaluates whether an applicant has demonstrated sustained national or international acclaim beyond meeting the initial evidentiary requirements. The September ruling follows a conflicting decision from another Nebraska federal judge, leaving questions about the framework's legality unresolved. For now, applicants should continue preparing evidence that demonstrates both eligibility under the regulatory criteria and recognition at the top of their field.

DHS proposes ending deference to previous visa approvals

The Department of Homeland Security has proposed eliminating a policy directing USCIS officers to generally defer to previous approvals when reviewing employment-based nonimmigrant extension petitions involving the same parties and underlying facts. If finalized, the change could increase scrutiny of H-1B, L-1, O-1, and other extension petitions, potentially resulting in additional requests for evidence, longer processing times, and increased preparation costs. Employers would need to demonstrate continued eligibility without relying on a prior approval. The proposal is not yet effective, and public comments are open through November 13.

Proposed USCIS premium processing changes enter federal review

A proposed rule addressing USCIS premium processing timelines was submitted for White House regulatory review on October 13. The proposal, titled Amending the Premium Processing Timeframe, has not yet been published, and details about the potential changes remain unavailable. Premium processing allows eligible immigration petitions to receive expedited USCIS action within designated timeframes. Current deadlines remain unchanged while the proposal is under review, but employers and applicants should monitor future announcements for changes that could affect immigration planning.

DHS allows Ukraine and Sudan TPS protections to continue

The Department of Homeland Security has confirmed that Temporary Protected Status (TPS) protections will remain in place for eligible nationals of Ukraine and Sudan while the agency determines the future of both designations. The protections were scheduled to expire October 19, but USCIS has clarified that affected individuals may continue living and working in the United States pending further announcements. The decision provides temporary relief to families facing uncertainty over their immigration status, although DHS has not announced how long the protections will remain in effect. Employers should monitor USCIS guidance for updates on employment authorization documentation and Form I-9 requirements.

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