Immigration Updates: August 4, 2026

So many rules, so many fees.

hiring exchange visitors gets more complicated

The J-1 exchange visitor program is a Department of State–run program that lets foreign nationals come to the United States temporarily for approved educational and cultural exchange activities, including study, teaching, research, training, and similar programs. It is designed to promote mutual understanding between people in the United States and other countries, with designated sponsors overseeing the participant’s program.

Under a Department of State proposed rule, employers participating in the J-1 exchange visitor program would face a significantly higher reporting burden, and use of the program would become a riskier proposition. Changes to the job (duties, worksite, hours, compensation, supervision, etc.) must be cleared with the sponsor before being implemented, and the program could be terminated if the visa holder engages in outside employment, if the employer fails to maintain insurance or if the original purpose of the program is deemed to have been abandoned.

The sponsor must also terminate the program for incomplete or withheld information, thus requiring employers to be pristine with their job descriptions, worksite information, training plans, attendance records, and reports. Moreover, the information must be corrected within 30 days of occurrence. Failure to do so would require requesting reinstatement, which could set back the program five months.

let’s see how this goes

EOIR, the Department of Justice office that oversees the immigration courts and Board of Immigration Appeals, has its own professional-conduct system for lawyers practicing before it, with disciplinary counsel authorized to investigate misconduct and seek sanctions when those rules are violated. That federal discipline process runs alongside, not in place of, state bar regulation, so attorney conduct can be addressed separately by state licensing authorities and by EOIR under the federal immigration-practice rules

And yet: another proposed rule, this from the Executive Office for Immigration Review (within the Department of Justice), would create a new system under which certain attorneys, immigrants, and witnesses can be subject to fines ranging from $1,000 to $3,500. The targeted behavior includes repeated and unexcused failure to appear on time or comply with filings orders, false statements or submissions or to otherwise misleading behavior, and engaging in disorderly or abusive behavior (including the content within court submissions). Clear warnings must be given by the judge before the misconduct recurs, with requirements for notification, response, and appeal. A lawyer may face immediate suspension for failure to pay.

It goes without saying that counsel and staff for the Department of Homeland Security are not subject.

shrinking the application-to-deportation pipeline

And now an interim final rule, this one from the Department of Homeland Security, allows asylum offices to just skip the interview and send simply send certain cases straight to immigration court. For now, these should be limited to applications that were filed after the one-year deadline or that otherwise appear to be ineligible for asylum, or where there are factors present that lead the office to believe that the case is unlikely to approved. The rule applies to both prospective and currently-pending cases.

Moreover, reports have been emerging from the field of ICE arrests taking place at the interviews. While in some instances there may have been past criminal activity or other violation warranting detention, in others no particular basis for the arrest was known.

continuing developments

NYT confirms the airport arrests

We touched on the outbreak of airport arrests by ICE last week, and the New York Times this week confirms that these have taken place at at least 15 airports in California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas, and Virginia. Those arrested generally had overstayed their visas, though many had pending applications for extensions of their status, as well as pending applications for green cards.

(The discrepancy between having an expired visa and a pending application for a new one is often due to the massive USCIS backlogs in reviewing new applications. An application for an extension or adjustment of status can be timely filed while someone is still currently in valid status, but by the time USCIS is able to review the new application, the prior status has already expired. For example: the maximum amount of time permitted for a visitor stay is six months, but the time it currently takes USCIS to review an application to extend that status is 7.5 months.)

We’ll note any expansion, and agency clarification, of this practice as it develops.

A week without TPS updates

Given how rare it is to find a week without a major update related to Temporary Protected Status, parole programs, and related work authorization, we’ll take this pause as an opportunity to round up existing guidance for the various programs.

Lebanon TPS: extended through November 27, 2026.

Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria, and Yemen TPS: because expiration dates change frequently due to ongoing litigation, employers should keep checking USCIS and I-9 Central. Burma (Myanmar) and Somalia currently have August 3, 2026 as a placeholder date for expiration, while Ethiopia and South Sudan have August 6, 2026. However, for I-9s that are already updated, no additional changes are needed.

El Salvador, Sudan, and Ukraine TPS: the July 21st court order mentioned last week continues to preserve their 540-day automatic extensions.

Venezuela TPS: pursuant to a court order, documents/notices with an October 2, 2026, expiration dates, on or before February 5, 2025, will remain valid through October 2nd.

Haiti and Syria: TPS termination became effective for Haiti on July 27th and for Syria on July 20th.

Parole programs: Military parole in place remains active and continues to accept applications (though we note it can be incredibly difficult to get an application accepted and processed). Uniting for Ukraine is active but not accepting applications. Afghan parole benefits is suspended for affected travel-ban countries. The Family Reunification Program processes have been restored under court order for Colombians, Cubans, Ecuadorians, Guatemalans, Haitians, Hondurans, and Salvadorans who already had work permits. CHNV (for Cubans, Haitians, Nicaraguans, and Venezuelans) has been terminated.

USCIS guidance for reverifying documents is here, and TPS updates on I-9 Central are found here.

other things that are happening

As over 500,000 TPS beneficiaries are about to be removed from the work force, labor shortages are expected in construction and health care. The administration is considering a $100,000 charge for international graduates who use Optional Practical Training (which permits one to three years of post-graduation work) likely affecting another 400,000 employees, many of whom are in STEM fields. And the Ninth Circuit Court Of Appeals becomes the fifth federal appeals courts to find that immigrants arrested within the U.S. (rather than at a port of entry) cannot be categorically denied a bond hearing, though expect this to reach the Supreme Court given that two other courts have sided with the administration.

Matthew Blaisdell, Esq.
Sunset Immigration PLLC
219 36th Street, Ste 511
Brooklyn, NY 11232
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