Adjustment of Status, H-1B Fee, and USCIS Pause on Adjudications (updated June 22, 2026)
Duke Visa Services is closely monitoring recent developments in immigration that could impact members of the Duke community. Since many unanswered questions remain about each of these changes, so we are not able to provide detailed guidance at this time, but we will continue to update our website as new information and clarifications are received.
1. New Policy Guidance on Adjustment of Status Applications
On May 22, 2026, U.S. Citizenship & Immigration Services (USCIS) issued a press release and a policy memo regarding the adjudication of applications for Adjustment of Status (AOS), the process by which individuals already present in the United States apply for legal permanent resident status without leaving the country.
The USCIS press release and policy memo emphasize that AOS is a “matter of discretion and administrative grace” and should be viewed by applicants as an “extraordinary form of relief”, with immigrant visa processing at US embassies and consulates overseas as the standard process of obtaining permanent resident status. The policy memo took effect immediately, with applicability to both pending and future AOS applications.
As of now, it is not yet clear how this new guidance will affect the adjudication of pending and new AOS applications. The policy does not create any new filing requirements, nor does it change the eligibility requirements for AOS. It may, however, change the way that USCIS officers exercise their discretion in adjudicating AOS applications.
USCIS has continued to adjudicate and approve AOS applications since the implementation of this policy, but it remains unclear how the policy will be implemented. Duke students, faculty, employees and scholars who have questions about this policy change should consult with a qualified immigration attorney regarding their particular circumstances.
2. District Court Sets Aside USCIS Adjudication Pause
On June 5, 2026, the U.S. District Court for the District of Rhode Island rules that the immigration benefits hold policy that paused all asylum applications regardless of country of nationality and the adjudication of applications for immigration benefits for individuals subject to the travel ban is unlawful, discriminatory and beyond USCIS’s authority. The court vacated the policy and ordered that USCIS must resume adjudicating applications affected by the pause, unless a higher court pauses or overturns the decision. It is expected that the administration will appeal this decision, so additional developments are likely to occur.
Regardless of what happens with the appeal, it will take considerable time for USCIS to work through the backlog of cases that have accumulated during the pause. It is estimated that there are approximately one million cases that were put on hold, so applicants may not see any movement on their cases in the near future.
3. Federal Judge Blocks the $100,000 fee for H-1B visa applications
On June 8, 2026, a federal judge in Massachusetts blocked the $100,000 fee that had been imposed on certain H-1B filings last year via a presidential proclamation. The judge ruled that the administration exceeded its authority in imposing the fee and usurped Congress’ power to set immigration policy and taxes. The ruling vacated the fee in its entirety effective immediately. However, the court order blocking the $100,000 fee for H-1B visa applications was temporarily paused on June 12, 2026, to allow an appeals court to rule on a government request for a stay of the June 8 vacate decision. Therefore, for the time being, USCIS is permitted to require the $100,000 fee.
There are likely to be additional developments with respect to all three of these changes. Visa Services will be closely monitoring the situation and will provide additional updates as they become available.