August 2026 Newcomer Policy Update
Want to keep up with newcomer policy updates in the U.S.? Every month, Global Cleveland publishes our newcomer policy update so that you can stay informed about the latest news.
This month’s Newcomer Policy Update at a glance:
- Federal Bill Introduced to Improve Visa Services
- ICE operations begin in Springfield
- Federal Judge Rules in favor of Texas in ICE Extradition Case
Federal Bill Introduced to Improve Visa Services
- The new VISITOR act, introduced as House Bill 10106, is aimed at improving consular services by modifying funding policies and reducing wait times.
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The bill would give the State Department more access to fee revenue to hire staff and expand operations related to visa issuance.
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It also directs the state department to set the goal to have 80% of nonimmigrant visa applications be interviewed within three weeks.
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The bill has bipartisan support from Dina Titus, a Nevada Democrat, and Florida Republican Maria Elvira Salazar.
Bill would Prohibit Admission to National Laboratories by Foreign Citizens of Specified Countries
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The new GATE Act, designated HR 10092, would prohibit citizens of five countries – China, Russia, Iran, North Korea, and Cuba – from being admitted to a National Laboratory.
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Those with US citizenship or who are lawful permanent residents of the US are exempt from the ban.
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The bill also specifies the process for a waiver to be issued by the government.
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Introduced by Rep. Pat Harrigan (R-NC), it has no co-sponsors as of now.
Bill Introduced to Reduce PERM Backlog
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Reps Glenn Grothman (R-WI) and Lou Correa (D-CA) introduced a new bill, the PERM Backlog Reduction Act, aiming to reduce delays from the Labor department’s Program Electronic Review Management system.
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The system is used for employers to use certification required for certain employment based immigration petitions.
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The bill would establish an optional fee for expedited processing of a key form to enable businesses with an urgent need to speed up the process.
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The new fee would be $1,200, and would lead to a shorter, 30-day processing of the ETA-9089 form.
USCIS has Broader Discretion on RFE
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New guidelines from the United States Citizenship and Immigration Service (USCIS) allows the agency to have broader discretion to deny incomplete applications.
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Officials are no longer required to issue a request for evidence (RFE) on an application that is submitted but incomplete before denying the application.
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The policy went into affect on August 5th.
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The change repeals a policy introduced in 2021 and returns the agency’s guidelines to those that were in place previously, including under President Trump’s first term in office.
Administration Proposes New Version of $100k Fee
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The Department of Homeland Security’s USCIS has proposed a new fee, similar to the $100k fee for H-1B petitions that was overturned in court.
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The new fee, of $103,265, would be more broad, applying to those that involved transfers from other visas.
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It would however contain an exemption for cap-exempt petitions, which come from nonprofit groups and higher education institutions, among others.
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The fee has not yet gone into effect, and is currently open for public comment.
Immigrant Visa Applications Paused
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The administration has implemented a world wide halt in immigration visa appointments.
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Officials stated that the pause is designed to re-train officials to screen out applicants that are believed to be taking advantage of US public assistance.
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Called the public charge policy, the State Department is able to decline to approve a visa for someone who is believed to have a high likelihood of relying on public assistance in the US. This policy was the basis of the 75 country pause implemented in January that was recently overturned in federal court.
ICE Operations Begin in Springfield
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Following the expiration of Temporary Protected Status for Haitian nationals, Immigration and Customs Enforcement (ICE) began operations in Springfield, Ohio.
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The city has had a substantial Haitian population for many years, and was the focus of immigration related debates in the 2024 election.
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Many of the Haitian immigrants to the United States were in the US on TPS, which had been available to Haitian nationals from the 2010 earthquake until earlier this year.
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The Supreme Court cleared the way for the termination of TPS earlier this year in a court case that was one of the highest profile on immigration to be decided in recent years.
USCIS New Public Charge Guidelines to go into Effect in September
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USCIS repealed a 2022 rule on public charge inadmissibility, with a new rule that will go into effect on September 18th.
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The new guidelines specifies that officials are to consider five factors required in federal law (age, health, family status, assets/financial status, and education/skills) as well as “any other factor relevant.”
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An applicant that is ruled inadmissible under the public charge rule may post a “public charge bond” as a financial guarantee.
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The public charge rule only applies to certain categories of immigrants; asylums and refugees, foreign diplomats, victims of crimes, and other categories are exempt.
Federal Judge Rules in Favor of Texas in ICE Extradition Case
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In a high profile case, a federal judge Fernando Rodriguez Jr. ruled that he could not prevent Texas from releasing an ICE agent whom Minnesota had tried to extradite.
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The agent, Christian Castro, is charged with assault over a January shooting of a man in Minnesota.
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Under Texas law, barring extradition, requires a suspect to be released in 90 days; Minnesota had petitioned for a temporary restraining order to block Castro’s release.
75 Country Pause Overturned
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In the case Catholic Legal Immigration Network, Inc. vs. Rubio, federal courts overturned a state department policy to pause all immigrant visa issuance for 75 countries.
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The policy was issued in January of this year and was implemented on the grounds that current vetting policies were insufficient.
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The ruling stated that the policy violated the Immigration and Nationality Act, which generally bans discrimination in the issuance of visas due to nationality.
Action: Local Law Enforcement Should Work with Federal Authorities on Immigration
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Democratic Candidate for Governor Amy Acton said that local law enforcement agencies should cooperate with federal authorities on immigration enforcement.
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This view is in contrast with some officials in her own party, and has been a high-profile story int he closely contested election.
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The levels of cooperation between local and federal law enforcement on immigration has been subject to legislation and litigation across the country, especially since the new administration has taken office.
University of Pennsylvania report on impact of TPS recipients
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A major new report form the University of Pennsylvania provided key insights into the economic impact of recipients of temporary protected status.
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The study found that the states with the largest populations of TPS holders included Florida, Texas, and New York.
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TPS holders, both men and women, have a higher workforce participation rate than the US born population, as well as a higher rate than immigrants here on other visas. Both men and women TPS holders had this higher rate.
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About 0.82% of Ohio’s foreign born labor force was on TPS.
