July 2026 Immigration Bulletin: Birthright Citizenship, Student Visas, EAD Renewals

Index

• Birthright Citizenship Remains Protected
• Four-Year Limit Proposed for Student Visas
• Mandamus for Delayed EAD Renewals
• Commercial Driver License Rules Affect Noncitizen Truck Drivers
• $750 Expedited Interview Fee for Certain B-1/B-2 Visa Applicants
• Popular Articles
• Client Successes

July 2026 brings several important immigration updates for families, students, workers, visitors, and applicants with pending cases in the United States. This month’s bulletin covers the Supreme Court’s decision preserving birthright citizenship, a proposed fixed-period admission rule for F, J, and I visa holders, the practical impact of the end of automatic EAD extensions, new restrictions affecting non-domiciled commercial driver’s licenses, and a new $750 expedited interview option for certain B-1/B-2 visa applicants.

The most closely watched development this month is the Supreme Court’s rejection of the administration’s attempt to narrow birthright citizenship under the Fourteenth Amendment. At the same time, DHS continues to move toward tighter control of temporary student and exchange visitor status by replacing open-ended Duration of Status with fixed admission periods. These changes may require students and exchange visitors to track their Form I-94 dates more carefully and file extension applications when additional time is needed.

Employment-related issues also remain active. USCIS’s rule ending most automatic EAD extensions means renewal applicants may face work interruptions if their cards expire before USCIS acts. Separately, federal commercial driver licensing rules now sharply limit which noncitizens can obtain or keep certain non-domiciled CDL privileges. The Department of State has also introduced a temporary $750 expedited interview fee for selected B-1/B-2 applicants, but the fee only speeds up interview scheduling and does not guarantee visa approval.

Read our July Immigration Bulletin to learn how these updates may affect pending immigration applications, student visa planning, work authorization, commercial driving eligibility, visitor visa strategy, and federal litigation options in the coming months.

Birthright Citizenship Remains Protected

On June 30, 2026, the U.S. Supreme Court rejected the administration’s attempt to limit birthright citizenship for certain children born in the United States. The case involved Executive Order No. 14160, titled Protecting the Meaning and Value of American Citizenship, which sought to redefine when a person born in the United States is considered “subject to the jurisdiction” of the United States.

The decision preserves the longstanding understanding that the Fourteenth Amendment protects citizenship for people born in the United States and subject to U.S. jurisdiction. For immigrant families, the ruling removes immediate uncertainty over whether children born in the United States could be denied citizenship because of a parent’s immigration status or temporary presence.

Although this decision is a major development, families should continue monitoring future legislation, agency guidance, and document-processing practices. The ruling protects the constitutional principle, but related enforcement issues, including visa fraud investigations and “birth tourism” scrutiny, may remain active.

Supreme Court: Read the Supreme Court opinion

Four-Year Limit Proposed for Student Visas

DHS has continued its effort to replace Duration of Status (D/S) admission for F, J, and I nonimmigrants with a fixed period of admission. Under the current D/S system, many students and exchange visitors may remain in the United States while maintaining their program status, even when their academic path extends beyond an initial program date.

The proposed fixed-period system would change that structure. Instead of being admitted for D/S, F, J, and I visa holders would receive a specific end date on their Form I-94. In many cases, the admission period would be limited to the program end date, not to exceed four years. If additional time is needed, the person may need to file a timely Form I-539 extension of status request with USCIS.

This change is especially important for students whose programs, transfers, research work, practical training, or academic progression may take longer than expected. Students should not assume that renewing an I-20 or remaining enrolled will automatically extend lawful stay if the fixed-period rule takes effect. Careful tracking of I-94 dates, school records, and extension deadlines will become more important.

NAFSA: Read NAFSA’s summary of the DHS proposal to replace Duration of Status

Mandamus for Delayed EAD Renewals

USCIS has confirmed that most renewal applicants who file Form I-765 on or after October 30, 2025, will no longer receive an automatic extension of their Employment Authorization Document. Limited exceptions may still apply where an extension is provided by law or through a specific Federal Register notice, including certain TPS-related categories.

The key issue is not only the rule itself, but how USCIS processing delays affect workers after the automatic extension is removed. Filing an EAD renewal on time may no longer be enough to keep someone working if USCIS does not adjudicate the renewal before the prior card expires. For many applicants, that gap can create job loss risk, payroll problems, and serious financial hardship.

Mandamus may be considered in some delayed EAD renewal cases when the delay becomes unreasonable and the applicant has a clear record of the pending application, receipt notices, prior authorization, and harm caused by agency inaction. A lawsuit cannot guarantee approval, but it may force the agency to take action on a case that has been sitting without movement.

USCIS: Read the USCIS EAD automatic extension announcement

Commercial Driver License Rules Affect Noncitizen Truck Drivers

Federal commercial driver licensing rules now create serious concerns for many noncitizen truck drivers. The Federal Motor Carrier Safety Administration has issued rules and guidance limiting eligibility for certain non-domiciled Commercial Learner’s Permits and Commercial Driver’s Licenses to specific immigration categories.

Under FMCSA guidance, only applicants who can provide evidence of lawful immigration status in certain employment-based nonimmigrant categories, including H-2A, H-2B, or E-2, may qualify for a non-domiciled CLP or CDL. The guidance also explains that if a state receives information showing the driver no longer has qualifying lawful status, the state may be required to downgrade the non-domiciled CDL privilege.

This development can be particularly stressful for truck drivers who already have approved asylum, pending adjustment of status, or a delayed green card application. If a driver’s livelihood depends on maintaining a CDL and the green card case has been pending for an unreasonable period, mandamus may be one strategy to evaluate before the delay causes irreversible employment harm.

FMCSA: Read the FMCSA non-domiciled CDL final rule FAQs

$750 Expedited Interview Fee for Certain B-1/B-2 Visa Applicants

The Department of State has created a temporary $750 expedited interview appointment fee for certain B-1/B-2 business and tourism visa applicants. The rule is effective from July 1, 2026, through December 31, 2026, as a pilot program.

Under the rule, selected consular posts may offer B-1/B-2 applicants an expedited interview appointment within ten business days after payment of the additional fee, subject to appointment availability and location-specific instructions. This fee is paid in addition to the regular nonimmigrant visa application fee and is available only where the Department of State offers the service.

Applicants should understand what this fee does and does not do. It may speed up interview scheduling, but it does not speed up visa adjudication after the interview, does not waive eligibility requirements, and does not guarantee approval. Applicants should also confirm whether the selected consulate participates before relying on this option for urgent travel.

Federal Register: Read the Department of State temporary final rule

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Client Successes

Marriage-Based Adjustment Approved After Interview

A recent marriage-based adjustment case shows how sequencing and record discipline can matter in a Visa Waiver Program context. The client entered the United States under the Visa Waiver Program in August 2025 after a twelve-year marriage to a U.S. citizen.

The Form I-130 was filed in November 2025, followed by the Form I-485 in December 2025. USCIS later issued a Request for Evidence asking for the joint sponsor’s updated tax return. After the response and adjustment interview, the case was approved immediately after the interview in June 2026.

The lesson is narrow but important. Even where the bona fide marriage record is strong, the affidavit of support record must be current, complete, and ready for interview-level review.

Thirty-Three-Month I-130 Approved Sixteen Days After Mandamus

On June 9, we cleared a thirty-three-month I-130 delay sixteen days after filing a mandamus lawsuit. The petition was for the under-21 child of a lawful permanent resident mother, and the case became urgent once the F2A priority date became current while the I-130 still had not moved.

The family came to us through a referral from the attorney who had handled the agency-level case. That posture is common in our federal litigation work: co-counsel referral, not displacement. The originating attorney keeps the client relationship, while federal court addresses the unreasonable delay.

The procedural arc was direct. We filed the mandamus complaint on May 24, 2026. Sixteen days later, including weekends and a federal holiday, the I-130 was approved.

Truck Driver Green Card Approved in Under Four Weeks

One truck driver client had waited approximately nineteen months for his green card after receiving asylum approval from immigration court. His commercial driver license was close to expiration, and the delay created a serious risk to his livelihood.

When the client contacted our office, we reviewed the case history and filed a mandamus lawsuit in federal court. The goal was not to ask the court to approve the case, but to challenge the agency’s unreasonable delay and force action on the pending application.

Less than four weeks after the lawsuit was filed, the green card was approved without an interview. The approval came before the client’s Ohio commercial license expired, protecting his ability to continue working.

Employment-Based Adjustment Delays Moved After Mandamus

Employment-based green card delays are not limited to one category, one agency posture, or one type of applicant. We recently saw this in two adjustment cases involving applicants whose underlying employment-based petitions had already been approved.

In the first case, a client from Israel had entered the United States on an L-1A visa. His EB-1C petition was approved, but the family’s I-485 applications remained pending for roughly fourteen months. After one mandamus action was filed, all six green card applications were approved within weeks.

In another case, a client from Azerbaijan had an approved EB-1 petition and was waiting on adjustment. He had founded a startup in the San Francisco area. After mandamus was filed, the case moved forward to interview scheduling. These examples show that mandamus may remain a meaningful tool in EB-1, EB-1C, EB-2, EB-3, and EB-5 adjustment delays.

Immigration rules, fees, licensing requirements, and agency policies can change quickly. If you have a pending case, an expiring work permit, a delayed green card application, or a visa appointment issue, reviewing the latest developments before taking action may help you avoid missed deadlines, work interruptions, or filing problems.

You can contact our office through our short form to discuss your immigration matter and next steps.