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Arvian Immigration Law Firm, 300 Spectrum Center Drive, Floor 4, Los Angeles, CA (2026)

09/02/2026

🇺🇸 Federal court lifts the DV-2026 freeze and orders the government to resume processing cases.

On August 28, a federal court in California lifted the restrictions that had led USCIS and the Department of State to pause processing cases for DV-2026 winners.

The court lifted three policies:
🔹 the USCIS hold on pending Form I-485 applications for DV-2026 winners in the U.S.;
🔹 the Department of State’s suspension of DV-2026 visa issuance;
🔹 a separate suspension of immigrant visa issuance for nationals of 75 countries, which also affected some DV-2026 winners.

USCIS must resume processing pending DV-2026 I-485 applications without applying the freeze.

The Department of State must resume processing cases at U.S. consulates and reconsider cases that were denied solely because of the DV-2026 suspension or the 75-country restriction.

✅ The court certified three classes of applicants, so the protection applies not only to the people who directly filed the lawsuit. The classes include DV-2026 winners and their family members whose cases were affected by the USCIS Hold, DV Pause, or 75-Country Pause.

DV-2026 winners must receive their visa or complete AOS by September 30, 2026, when the fiscal year ends. After that date, winning the DV-2026 lottery will no longer provide a path to obtaining a visa or Green Card.

❗️ The court’s decision does not guarantee an interview, approval, or visa issuance. The court did not set a specific deadline for processing individual cases.

USCIS and U.S. consulates will continue to review eligibility for the program, inadmissibility issues, background check results, and the availability of visa numbers.

The court ordered the Trump administration and the plaintiffs to submit a report by September 18 on compliance with the decision and the status of case processing.

📩 If you’re currently in the U.S., you can contact us directly for a free consultation. Send us a DM to schedule your appointment.

08/27/2026

🇺🇸 USCIS is continuing to tighten the asylum process and, as of August 21, 2026, has introduced a new deadline for submitting evidence before an interview.

🔹 All evidence supporting an asylum application must now be submitted to the asylum office no later than 14 calendar days before the scheduled interview.

🔹 The deadline applies to personal statements, witness statements, translations, medical and psychological evaluations, photographs, documents, and country-conditions evidence.

🔹 If documents are submitted late, USCIS may not include them in the case record or may reschedule the interview.

The requirement to submit evidence in advance existed before, but USCIS has now established a specific 14-calendar-day deadline and warned of the consequences of missing it.

🔹 Rescheduling an interview because documents were submitted late may affect work authorization. If USCIS determines that the delay was caused by the applicant and reschedules the interview as a result, the 180-day Asylum EAD Clock may stop until the new interview date.

Once you receive your interview notice, do not assume you can simply submit missing documents a few days before your scheduled interview with the officer.

📩 If you’re currently in the U.S., you can contact us directly for a free consultation. Send us a DM to schedule your appointment.

08/25/2026

⭐️ We received O-1 approval for a client who has worked in higher education and administration for many years and has extensive professional experience in both Kazakhstan and the U.S.

Her work focuses on higher education, administration, and the development of educational programs, so we built the entire case around her professional achievements in this field.

❗️ We initially filed her case under EB-1A, but USCIS denied the petition and did not accept any of the claimed criteria.

Instead of filing the same EB-1A case again, we reassessed her documents and achievements and chose a different strategy — preparing an O-1 petition. The petition was approved just a few weeks later, without an RFE!

👉 O-1 can be considered the “younger sister” of EB-1A because the requirements for these categories are similar in many ways, but the level and process for evaluating the evidence are different. That’s why a denial of EB-1A does not necessarily mean a denial of O-1.

We took the same professional achievements and presented them specifically under the O-1 criteria, successfully demonstrating to USCIS that our client qualified for the visa. As a result, we received approval without any additional requests for evidence.

⚠️ After a denial, it is extremely important to understand exactly why USCIS did not accept the application, how the evidence can be presented differently, and whether another visa or immigration category may be a better fit for you at this stage.

Professionals in higher education, administration, university management, and educational program development may consider O-1 if their experience and achievements support the requirements.

📩 If you’re currently in the U.S., you can contact us directly for a free consultation. Send us a DM to schedule your appointment.

08/20/2026

🇺🇸 BIA allows immigration judges to deny additional time to find an attorney.

On August 14, the BIA changed a precedent that had been in place since 2012 and ruled that immigration courts are not required to give a person a “reasonable and realistic period of time” to find an attorney.

⚠️ Under the law, the first hearing cannot be scheduled earlier than 10 days after the NTA is served. The BIA’s new decision establishes that once those 10 days have passed, a judge is not required to give additional time to find an attorney.

A hearing can still be postponed to allow someone to find an attorney, but the person must show good cause for the continuance. Simply not having an attorney is no longer enough to require additional time.

🔹 The case involved an Indian national who was detained after illegally entering the United States. His first hearing took place 26 days after the NTA was issued. The judge twice gave him an additional two weeks to find an attorney and warned him that he would have to represent himself if he could not find one.

🔹 The man never found an attorney and told the court that he was detained, could not afford an attorney, had difficulty communicating and obtaining documents, and did not have enough education to prepare his application on his own.

🔹 By the deadline, he had also failed to file any documents seeking protection from removal. The judge denied another continuance and ordered him removed from the U.S.

🔹 The BIA upheld the decision, finding that his financial difficulties, lack of documents, and difficulty preparing his application on his own did not establish sufficient good cause for another continuance in this case.

The decision also changes the precedent established in Matter of C-B-, under which judges had been required since 2012 to give a person a meaningful opportunity to find and hire an attorney. The BIA now holds that this requirement is not mandated by law.

This is a precedential decision, meaning immigration judges can now rely on it when denying requests for additional time to find an attorney.

08/18/2026

🇺🇸 USCIS is beginning the transition to mandatory online filing.

On August 11, a new DHS rule took effect allowing USCIS to gradually require online filing for applications and petitions. The rule itself does not yet eliminate paper filing for any specific form.

🔹 USCIS can make electronic filing mandatory only for a form that has been available for online filing for at least 180 days. After that, the agency must separately announce the transition and provide an additional 60 days before paper filings will no longer be accepted.

Currently, 22 forms are available for online filing, including I-130, I-129, I-131, I-140, I-539, I-589, I-765, I-821, and N-400. Many of these forms have been available online for more than 180 days and could be among the first to transition to mandatory electronic filing in the future.

🔹 Applications can be filed online through a USCIS account by completing the form directly on the USCIS website or by uploading a completed PDF, if that option is available for the form.

🔹 If online filing becomes mandatory and a person is unable to use the electronic system, they will need to obtain advance permission to file on paper using the new Form I-936.

Not having a personal computer or USCIS account, or simply being unfamiliar with the system, will not be enough to qualify for paper filing. USCIS recommends using internet access at libraries and community centers or asking family members and friends for assistance.

The Form I-936 fee will be $25. Certain categories, including TPS, VAWA, T visas, and U visas, will be eligible to request a fee waiver. If approved, the authorization will allow paper filing only for the specific form listed in the authorization and will be valid for 30 days. A separate Form I-936 will be required for each form.

❗️Before mandatory online filing begins, USCIS must finalize and approve Form I-936. After that, the agency will begin announcing which forms can no longer be filed on paper and the dates when the changes will take effect.

08/14/2026

🇺🇸 Should you apply for EB-1A now, or would it be better to get an O-1 visa first?

Over the past few months, we’ve been seeing the same situation with EB-1A cases: USCIS recognizes three, four, and sometimes even five criteria, but then denies the case at the second stage of the review — the Final Merits Determination.

At this stage, the officer evaluates the case as a whole, rather than looking at each criterion separately. The officer considers the level of the applicant’s achievements, recognition in their field, how long that recognition has been sustained, and where the applicant stands compared with other professionals in the field.

👉 That’s why, for some candidates considering EB-1A, we recommend first evaluating whether they may qualify for an O-1 visa.

O-1 is a nonimmigrant visa for individuals with extraordinary ability. The requirements are somewhat different from EB-1A, and for some applicants, obtaining an O-1 may be significantly easier.

🔹 O-1 can serve as an intermediate option: you obtain the visa, continue working in your field in the U.S., strengthen your professional profile, take on new projects, publications, and awards, and later file a stronger EB-1A case.

🔹 An O-1 is initially issued for up to three years. To apply, you need a U.S. employer or agent to file the Form I-129 petition. Unlike EB-1A, you cannot self-petition for an O-1.

If you are already in the U.S., you first need to determine whether you are eligible to change your status to O-1. A pending TPS application does not provide the same option as already having approved TPS. If changing status from within the U.S. is problematic in your situation, you may need to apply for the O-1 visa through consular processing.

❗️That’s why, in some cases, we recommend not rushing to file an EB-1A petition. Instead, it may make sense to consider O-1 first, continue working in the U.S., strengthen your achievements, and then file for EB-1A with a stronger case.

📩 If you’re currently in the U.S., you can contact us directly for a free consultation. Send us a DM to schedule your appointment.

08/12/2026

🇺🇸 USCIS can now deny applications without first issuing an RFE or NOID.

On August 5, USCIS changed its policy on how officers handle applications, RFE and NOID.

Previously, officers would issue an RFE or NOID when an applicant failed to submit required documents or when the evidence provided was not sufficient to establish eligibility for an immigration benefit.

⚠️ Now, officers have the authority to deny an application immediately without giving the applicant an opportunity to supplement the case. The policy took effect on August 5 and applies to both new applications and petitions, as well as cases that are already pending.

A denial without an RFE or NOID is possible if the application is missing required initial evidence specified by law, regulations, or the form instructions.

🔹 USCIS can still issue an RFE, but doing so is now entirely within the officer’s discretion. Applicants should not assume they will have an opportunity to correct an incomplete filing after USCIS receives it.

🔹 A NOID may be issued when all required documents have been submitted, but the evidence does not establish eligibility for approval or USCIS intends to make a decision based on the results of background or other checks.

USCIS also changed how response deadlines are determined:
🔹 for an RFE, the maximum response period is 12 weeks, but an officer may give less time;
🔹 the maximum response period for a NOID remains 30 days;
🔹 when a notice is sent by mail, 3 additional days are added;
🔹 the additional 14-day period previously provided for notices sent outside the United States is no longer available.

If an applicant submits only some of the requested documents, USCIS will consider it a complete response and may make a decision based on the evidence already submitted.

❗️ Your application should be filed with all required documents listed in the form instructions from the start. Missing even one required document could result in a denial without an additional opportunity to correct the filing. Asylum applications are governed by separate rules, so this new policy does not apply to them.

08/07/2026

🇺🇸 BIA rules that asylum applications may be dismissed for failure to pay the annual asylum fee.

BIA has issued a precedential decision holding that if an applicant fails to pay the required annual asylum fee by the deadline, an Immigration Judge may dismiss the asylum application without considering the evidence or the merits of the claim.

The $102 annual asylum fee applies to asylum applications that remain pending for one year or longer. If the case is still pending after 365 days, the fee must be paid again and then once every additional year the application remains pending.

👉 The payment deadline will be set by the Immigration Judge or the BIA in a written notice. There is no single deadline that applies to every case. If a dispute arises, the court will consider how much time the applicant was given and the specific circumstances of the case.

If the fee is not paid on time, the Immigration Judge may dismiss the asylum application. As a result, the applicant may lose the opportunity to obtain asylum, even if they have strong evidence of persecution and their claim has never been considered on the merits.
The decision does not apply to withholding of removal, protection under the Convention Against Torture (CAT).

BIA held that dismissing the asylum claim does not terminate other forms of protection requested through the same Form I-589. The Immigration Judge must continue adjudicating the applicant’s claims for withholding of removal and CAT protection, even though DHS argued that the entire application should be dismissed.

❗️Losing eligibility for asylum also means losing the opportunity to later obtain a Green Card and U.S. citizenship through asylum, as well as the ability to obtain derivative status for a spouse and unmarried minor children.

⚠️ The fee must be paid through EOIR website. Be sure to keep your payment receipt and submit it to the court as instructed. Missing the payment deadline could result in your asylum claim being dismissed without additional warning and without any review of your persecution claim.

08/05/2026

We received a Green Card approval through EB-1A for a lawyer.

⚡️ We’d like to share the remarkable story of one of our clients, who received an EB-1A approval in just 7 business days!

In his home country, he built a distinguished legal career, drafted legislation for the national parliament, and made significant contributions to the development of the country’s legal system.

💪 To strengthen the petition, we obtained recommendation letters from Supreme Court justices in his home country, as well as professors from several well-known universities in the U.S. He is also an alumnus of a prestigious U.S. scholarship program.

Thanks to thorough preparation and a strong body of evidence, USCIS approved the petition just 7 business days after it was filed.

✅ If you or your loved ones are looking for guidance with U.S. immigration matters, our team is here to help every step of the way. Contact us to discuss your case and explore the immigration options that may be available to you.

📩 If you’re currently in the U.S., you can contact us directly for a free consultation. Send us a DM to schedule your appointment.

07/31/2026

🇺🇸 USCIS can now refer certain asylum cases to Immigration Court without conducting an interview.

A new DHS rule took effect on July 28, allowing USCIS to refer certain asylum applications to Immigration Court without first interviewing the applicant.

The change applies to Form I-589 applications filed with USCIS by individuals who are not already in removal proceedings. USCIS may now make this determination based on the application itself, the supporting evidence, the applicant’s immigration history, and the results of background and security checks.

A case may be referred to Immigration Court without an interview if the officer believes the applicant missed the one-year filing deadline and did not establish an exception, is subject to a bar to asylum, does not meet the eligibility requirements or does not warrant a favorable exercise of discretion.

This list is not exhaustive and may be expanded. The rule took effect immediately upon publication and applies to both newly filed applications and pending cases where an initial interview has not yet been scheduled.

✅ Applicants may still qualify for an exception to the one-year filing deadline based on changed circumstances or extraordinary circumstances. However, USCIS may now evaluate those claims based solely on the written record and is no longer required to request additional evidence before referring the case.

If the applicant has no other lawful basis to remain in the U.S., USCIS will issue NTA along with the referral, initiating removal proceedings.

❗️Applicants who are maintaining valid lawful status should still be scheduled for an asylum interview. A referral to Immigration Court does not terminate the pending Form I-589 or invalidate the applicant’s employment authorization, as long as the asylum application remains pending.

⚠️ If you are still waiting for your asylum interview, now is the time to carefully review your Form I-589 and all supporting evidence. Any explanation for filing after the one-year deadline, your immigration history, and the facts supporting your claim of persecution should be thoroughly documented in writing.

Arvian Immigration Law Firm

09/02/2026

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