Maria Salazar Immigration Law

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Maria Salazar Immigration Law U.S. Immigration Attorney. Licensed in New York and the Philippines. Employment-based, family-based, humanitarian visas, naturalization.

Featured in the National Law Review. Owner, Law Offices of Maria Salazar, PLLC

10/14/2026

WORK PERMIT RENEWALS: NO MORE AUTOMATIC EXTENSIONS?

For certain EAD categories, yes. On October 14, 2026, DHS issued a final rule that locks in the end of automatic extensions for certain employment authorization documents. The change started with an interim rule on October 30, 2025.

This applies to renewals filed on or after October 30, 2025, in categories that used to qualify for an automatic extension. Renewals filed before that date are not affected. If you’re covered and your EAD expires before USCIS approves your renewal, you generally cannot work unless you have another basis for work authorization, like your status. A pending renewal alone no longer protects your ability to work. Some exceptions apply, and I’ve linked the final rule below for the full details.

Source:
Final rule: https://www.federalregister.gov/documents/2026/10/14/2026-20955/removal-of-automatic-extensions-for-certain-employment-authorization-documents

General information only, not legal advice. Follow for more.

10/13/2026

USCIS NEW FILING ADDRESSES: OCTOBER 7, 2026

Heads up if you’re filing with USCIS by mail! USCIS changed the filing locations for these forms:
I-130, I-485, I-765, I-131, I-129, I-539, I-907, I-360, I-601, I-212, I-192, I-918, I-290B, I-824, and I-102.

Where you file depends on your form, your category, and where you live, so check the USCIS page for your form before mailing.

Grace period: USCIS will accept forms mailed to the old address if they’re postmarked on or before November 9, 2026. After that, use the new address.

General information only, not legal advice. Follow for more.

Source: USCIS, “U.S. Citizenship and Immigration Services Filing Locations and Online Filing Options Updates”: https://www.uscis.gov/forms/us-citizenship-and-immigration-services-filing-locations-and-online-filing-options-updates

10/12/2026

RECOGNITION OF FOREIGN DIVORCE IN THE PHILIPPINES: The process just got easier for those divorced abroad.

For U.S. immigration, a valid U.S. divorce generally proves your prior marriage ended, so a U.S. citizen or green card holder spouse may petition you. But in the Philippines, that divorce has no effect until a Philippine court recognizes it through a petition for recognition of foreign judgment.

Last week, on October 7, 2026, the Philippine Supreme Court approved amendments to the Rules of Court to make it easier to prove a foreign divorce. Petitioners will no longer need to prove the foreign divorce law. They only need to prove that the divorce took place.

What stays the same: a court petition is still required, and it covers marriages between a Filipino and a foreigner, with divorces obtained in any country where divorce is legal.

The amendments take effect 15 days after they’re posted on the Supreme Court website.

General information only, not legal advice. Follow for more.

Source: Supreme Court of the Philippines, Office of the Spokesperson, Press Briefer (Oct. 8, 2026), re: A.M. No. 25-03-14-SC, Amendment of the Rules of Court in Relation to Foreign Divorces:https://sc.judiciary.gov.ph/wp-content/uploads/2026/10/20261008-Press-Briefer-FINAL.pdf

10/09/2026

NEW DHS PROPOSAL FOR F-1 STUDENT VISA HOLDERS: $70,000 OPT FEE?!

Under the new proposal from the Department of Homeland Security (DHS), schools would pay a $70,000 fee for each student’s first OPT and a $30,000 fee for every OPT after that. The school would pay the fee before recommending the student for OPT.

OPT lets F-1 students work in their field of study during or after their program, for up to 12 months, plus a 24-month extension for eligible STEM graduates.

This is only a proposal. If finalized, it would apply to OPT recommendations after the effective date.

We’ll closely monitor if this goes into effect and keep you posted. General information only, not legal advice. Follow for more.

Sources: U.S. Department of Homeland Security, “DHS Proposes Fees for Foreign Student Work Program to Protect American Jobs” (Oct. 7, 2026): https://www.dhs.gov/news/2026/10/07/dhs-proposes-fees-foreign-student-work-program-protect-american-jobs
Federal Register, “Optional Practical Training Fees,” Proposed Rule (Oct. 8, 2026): https://www.federalregister.gov/documents/2026/10/08/2026-20660/optional-practical-training-fees

10/07/2026

CRBA: FOR CHILDREN OF U.S. CITIZENS, BORN ABROAD

A Consular Report of Birth Abroad (CRBA) is proof that your child was a U.S. citizen at birth. It’s for children under 18 whose parent was a U.S. citizen when the child was born and met U.S. residence or physical presence requirements before the birth.

You apply at a U.S. embassy or consulate with your child’s birth certificate, proof of the parent’s U.S. citizenship, and proof of their time in the U.S.

Remember: a CRBA is not a birth certificate or a travel document. Your child still needs a U.S. passport to travel.

Questions about your child’s case? Send us a message. General information only, not legal advice. Follow for more.

Sources:

U.S. Department of State, “Birth of U.S. Citizens and Non-Citizen Nationals Abroad”: https://travel.state.gov/en/international-travel/living-abroad/birth.html
U.S. Department of State, “Obtaining U.S. Citizenship for a Child Born Abroad”: https://travel.state.gov/content/travel/en/legal-considerations/us-citizenship-laws-policies/citizenship-child-born-abroad.html

10/06/2026

USCIS CASE STILL PENDING? HERE’S HOW LONG YOU’LL HAVE TO WAIT

USCIS has a free tool that shows processing times by form, category, and office: egov.uscis.gov/processing-times

The number shown is how long USCIS took to decide 80% of cases in the last six months. It counts everything from receipt to decision, including biometrics, RFE responses, and rescheduled interviews.

General information only, not legal advice for your case. Follow for more.

Sources: USCIS Case Processing Times tool: https://egov.uscis.gov/processing-times/
USCIS, Frequently Asked Questions About Processing Times: https://egov.uscis.gov/processing-times/processing-times-faqs

10/03/2026

WHEN CAN YOU FILE FOR A GREEN CARD?

It comes down to your priority date. Find it on your USCIS receipt or approval notice for your I-130 or I-140. You may be eligible once that date is earlier than the visa bulletin’s cutoff for your category, or if it’s listed as current.

Consular processing? Your petition must be approved first. In the U.S. and eligible to adjust? Concurrent filing may let you file your petition and I-485 together.

General information, not advice on your case. Next video: USCIS processing times. Follow for more.

09/30/2026

OCTOBER 2026 VISA BULLETIN

The October 2026 visa bulletin just came out. Here’s what it means if you have a pending petition or you’re about to file.

This bulletin starts fiscal year 2027, with real movement for EB-2/NIW and EB-3.

F2A (spouses and unmarried children under 21 of green card holders): current, file anytime.

EB-3, Philippines: for adjustment of status, still January 1, 2024. But for consular processing, the date that actually controls is August 15, 2023, up two weeks from last month.

EB-2, including NIW, retrogressed. It was current in September; now there’s a cutoff at March 15, 2026.

USCIS confirmed that employment-based filers use the Dates for Filing chart this October, which is what gives EB-2 that March 15, 2026 date.

This changes every month, so always check the current bulletin.

This is general information, not advice on your specific case. Follow for more.

Sources: Visa Bulletin For October 2026, U.S. Department of State: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2027/visa-bulletin-for-october-2026.html
USCIS, “Adjustment of Status Filing Charts from the Visa Bulletin”: https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin

09/29/2026

3 RED FLAGS
IN SPOUSAL PETITIONS

3 things that can raise red flags in a spousal petition:

1. Not living together, no shared lease, no shared utility bill, different addresses on your IDs;

2. A huge age gap; or

3. Overlaps in your relationship timeline, like dating before a previous divorce was finalized.

None of these automatically mean denial; they just mean your case gets reviewed more closely.

If any of these apply to you, be ready to explain it and back it up with evidence.

This is general information, not advice on your specific case. Talk to an immigration attorney before you file. Follow for more.

09/28/2026

EB-1A VERSUS EB-2 NIW - WHICH ONE FITS YOUR QUALIFICATIONS MORE?

EB-1A vs. EB-2 NIW, in simple terms. Similarities first: both are self-petitions, so no employer is needed for sponsorship, both lead to a green card, and both are current in the visa bulletin, including for the Philippines.

Now the difference: EB-1A is about you: your merit, your achievements, how qualified you are. The evidence proves you’re already extraordinary, through awards, media, or a leading role in your field.

EB-2 NIW is about the work you want to do. But first, you need to qualify for EB-2 at all: either a master’s degree, a bachelor’s plus five years of experience, or exceptional ability. Then you have to prove that work matters enough to the U.S. for them to skip the job offer.

This is general information, not advice on your specific case. Follow for more.

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