By Anjali V. Deshmukh

Expanded Public Charge Policy Guidance

Starting September 18, 2026, U.S. Citizenship and Immigration Services (USCIS) is implementing expanded public charge policy guidance, significantly broadening the scope of government benefits considered during green card evaluations. The updated framework replaces narrower standards to ensure that applicants seeking adjustment of status demonstrate long-term financial self-sufficiency.

Under the expanded rules, immigration officers will weigh non-cash safety net programs alongside traditional public assistance when determining whether an applicant is likely to become dependent on government support. Key benefits now subject to scrutiny include Supplemental Nutrition Assistance Program (SNAP) food benefits, housing vouchers, Section 8 rental assistance, and non-emergency Medicaid. Adjudicators will evaluate these programs as part of a comprehensive “totality of circumstances” review, considering an individual’s age, health, household size, income, skills, and overall financial history.

This policy shift creates tighter requirements for permanent residency applicants. Because receiving public assistance can weigh heavily against an applicant, unexpected benefit histories could lead to application delays or rejections under the newly tightened standards.

Immigration experts advise individuals planning to file adjustment of status paperwork on or after September 18 to thoroughly review their benefit history prior to submission. Evaluating past and current enrollment in state or federal aid programs allows applicants to assemble supporting financial documentation—such as evidence of steady income, assets, or sufficient sponsor support—to demonstrate financial independence before USCIS adjudicates their case.

Birthright Citizenship & Tourism Orders: 

Recent executive actions targeting birth tourism mark a pivotal shift in executive immigration strategy. By focusing on administrative mechanisms rather than direct constitutional broadsides, these directives restrict access to connected federal immigration benefits and narrow agency guidelines for recognizing citizenship.

The primary tool of these actions delegates enhanced screening authority to the State Department and Homeland Security. Consular officials are instructed to deny nonimmigrant visas—or revoke existing ones—if there is reason to believe the primary purpose of travel is to give birth on U.S. soil. By framing birth tourism as an exploitation of temporary visitor visas, the policy seeks to disrupt commercial birth-tourism networks before individuals arrive at ports of entry.

Rather than attempting to formally repeal birthright citizenship under the Fourteenth Amendment, the executive directives narrow federal recognition guidelines for agency documentation. Federal agencies are instructed to apply stricter interpretations regarding who falls under U.S. jurisdiction at birth. Consequently, children born to temporary visitors traveling specifically under these circumstances face hurdles in obtaining U.S. passports, Social Security numbers, and secondary family reunification benefits down the line.

Immigration advocacy groups warn that the heightened scrutiny may lead to arbitrary enforcement against pregnant international travelers. Furthermore, because the Fourteenth Amendment establishes a broad territorial rule for birthright citizenship, these federal guidelines face swift constitutional challenges in federal courts. Nevertheless, the orders fundamentally alter visa processing, signaling a far stricter framework for nonimmigrant entry and federal benefit eligibility.

Court Limits Immigration Enforcement Near Houses of Worship

A federal appeals court has upheld restrictions on immigration enforcement operations near select houses of worship, ruling that the federal government’s policy creates an unconstitutional burden on religious freedom.

The decision centers on a lawsuit brought by a diverse coalition of faith groups, including Quaker organizations, the Sikh Temple Sacramento, and the Cooperative Baptist Fellowship. The plaintiffs argued that the presence or threat of armed federal agents at sacred sites deters undocumented immigrants and mixed-status families from attending services, receiving pastoral care, or engaging in community outreach programs.

In its ruling, the court found that the government’s enforcement strategy suppresses church participation and infringes upon congregants’ First Amendment rights to freely exercise their faith. Evidence presented in the case demonstrated a noticeable drop in attendance at worship services and church-led educational programs following increased enforcement efforts nearby. Judges determined that forcing individuals to choose between practicing their religion and risking deportation imposes a substantial, unlawful chilling effect on sacred communities.

Crucially, the legal scope of the decision remains narrow. The appellate panel emphasized that the ruling applies strictly to the specific congregations, meetinghouses, and temples named in the lawsuit rather than establishing a sweeping, nationwide sanctuary standard for all places of worship. While the injunction offers immediate relief and legal safeguards for the participating Quaker, Sikh, and Baptist communities, houses of worship outside the litigation remain subject to existing federal immigration policies

Immigration news in brief

USCIS Revises Forms I-539 and I-765

USCIS will publish new editions of Form I-539 and Form I-765 on September 15, 2026. Form I-539 is generally used to extend or change nonimmigrant status, while Form I-765 is used to apply for employment authorization. Beginning on that date, USCIS says it will reject older editions of both forms. Applicants and attorneys should verify the form’s edition date immediately before submitting an application.

New Admission Rules for International Students

A new Department of Homeland Security rule establishing fixed admission periods for certain international students and exchange visitors is scheduled to take effect on September 15, 2026. The rule replaces the traditional “duration of status” framework with a defined period of authorized stay and an extension procedure. This could create additional filing deadlines and compliance responsibilities for students and educational institutions. International students should speak with their designated school officials before making decisions about enrollment, travel or extensions. 

More Than 175,000 U.S. Visas Revoked

The State Department has reportedly revoked more than 175,000 visas since President Trump returned to office in January 2025. Government officials have cited criminal activity, immigration violations, fraud and national-security concerns among the reasons for these actions. Some revocations have also drawn criticism over the government’s consideration of political speech and social-media activity. Visa holders with arrests, criminal charges or other concerns should seek legal advice before traveling internationally. 

USCIS Tightens Evidence Standards

USCIS has announced that it is reinforcing evidentiary standards to reduce what the agency describes as frivolous immigration-benefit requests. The policy took effect immediately and generally applies to qualifying applications that were pending or filed on or after August 5, 2026. Applicants may face greater scrutiny of supporting documents and claims made in their petitions. Carefully prepared evidence and accurate, consistent information will therefore be increasingly important.

August 2026 Visa Bulletin Released

The State Department has released its August 2026 Visa Bulletin, which determines when many family- and employment-based green-card applicants may proceed with their cases. Applicants must compare their priority dates with the applicable Final Action Dates or Dates for Filing chart. USCIS separately determines which chart adjustment-of-status applicants may use during the month. Because cutoff dates can advance, remain unchanged or move backward, applicants should review the official bulletin carefully. 

DHS Reports 15 Months Without Border Releases

The Department of Homeland Security says the United States has completed 15 consecutive months without releasing migrants encountered at the southern border into the country. DHS presents the figure as evidence of stronger detention, removal and border-enforcement policies. The department also reported changes in border encounters and fentanyl seizures during the latest reporting period. Because these figures represent the administration’s official account, they should be attributed to DHS when used in a news article.

Mandatory Electronic Filing: DHS issued an interim final rule granting USCIS the authority to mandate e-filing for specific immigration forms that have had online options available for over 

Increased Denaturalization Filings: The Department of Justice filed multiple high-profile denaturalization cases against naturalized citizens accused of severe crimes or naturalization fraud.

Ramped-Up ICE Operations & Detentions: ICE internal metrics reflect record monthly enforcement numbers and increased interagency coordination at transport hubs like domestic airports.

About the Author

Anjali V. Deshmukh is an immigration lawyer in Washington, D.C. who has been working in the field for more than 15 years. She focuses on employment and religious worker visas. She graduated from Georgetown University Law Center and has spent her career helping South Asian non-profits and cultural institutions understand the complicated rules and regulations that govern immigration in the United States. Anjali speaks at national legal forums a lot, and she cares deeply about giving the Indian-American community the legal clarity it needs to protect its rich spiritual and cultural traditions. You can reach her by email at anjali@deshvidesh.com.

If you’ve just received the notification that your H-1B registration was not selected, the disappointment is real—and justified.

Months of preparation. Employer coordination. Legal filings. Hope.

Then, there was silence from the system, except for two words: “not selected.”

For many, this moment signifies the end of their pursuit of the American dream.

But here’s the reality most people don’t immediately see:
The H-1B lottery is not the only path—and often not even the smartest long-term strategy.

Every year, thousands of highly skilled professionals face this exact situation. The difference between those who stall and those who succeed comes down to one thing: what they do next, such as exploring alternative visa options, networking effectively, or enhancing their skills to increase their employability.

This is not the end of your journey.
This is the moment where strategy replaces chance.

First, reset your perspective.

The H-1B lottery is fundamentally a random selection system, not a merit-based evaluation.

That means:

• It does not reflect your talent.
• It does not measure your value.
• It does not define your future.

Many professionals who were not selected go on to build stronger, more stable, and often faster immigration pathways than those who relied solely on H-1B.

Instead of asking, “Why wasn’t I selected?”
The better question is
“What is my strongest strategic path forward now?”

Strategic Pathways You Should Actively Explore

1. Re-Enroll in a New Academic Program (F-1 Pathway Reset)

If you are currently on F-1 OPT or STEM OPT and your work authorization is nearing expiration, enrolling in a new academic program can provide a legal and structured continuation of your stay.

This option is often misunderstood—and underestimated.

Key advantage:
Because you have already completed one degree in the U.S., you may be eligible for Curricular Practical Training (CPT) much sooner than first-time students.

In some programs, CPT can begin almost immediately if:

• It is embedded in the curriculum.
• It is academically justified.
• It aligns with your field of study.

However, this is where caution becomes critical.

Important risk factor:
U.S. immigration authorities closely monitor so-called “Day 1 CPT” programs. If your enrollment appears to be a workaround primarily to continue working—not studying—it could later be interpreted as a status violation, affecting

• Future visa approvals
• Change of status applications
• Green card processing

Bottom line:
This path works—but only when it is academically legitimate and strategically planned, ensuring that applicants align their qualifications with the specific needs of cap-exempt employers.

2. Target Cap-Exempt Employers (The Overlooked Opportunity)

Most applicants focus exclusively on private-sector companies that fall under the H-1B cap.

That’s a mistake.

There is an entire category of employers that are not subject to the lottery at all.

These include:

• Universities and institutions of higher education
• Nonprofits affiliated with universities
• Nonprofit research organizations
• Government research institutions

With these employers, H-1B petitions can be filed any time of the year, without waiting for the lottery cycle.

Strategic advantage:

• No lottery uncertainty
• Faster processing timeline
• Greater predictability

Strategic limitation:
If you later move to a private-sector, cap-subject employer, you will likely need to enter the lottery at that stage.

Still, many professionals use this route to:

• Build U.S. experience
• Strengthen their resume
• Create long-term immigration flexibility

3. Explore Alternative Visa Categories (Beyond H-1B Thinking)

The U.S. immigration system is complex—but within that complexity lies opportunity.

Several visa categories may align better with your background than H-1B.

L-1 Visa (Intracompany Transfer)

If you have worked outside the U.S. for at least one year with a qualifying multinational company, you may be eligible for transfer:

• L-1A: Managers and executives
• L-1B: Specialized knowledge employees

This option is one of the most powerful alternatives because

• It bypasses the lottery.
• It can lead to a green card more directly (especially L-1A)

O-1 Visa (Extraordinary Ability)
This visa is designed for individuals who demonstrate exceptional achievement in fields such as

• Technology
• Business
• Science
• Arts

While often perceived as “out of reach,” many professionals underestimate their eligibility.

If you have:

• Publications
• Awards
• Media recognition
• Leadership roles

—you may already be closer to qualifying than you think.

J-1 Visa (Exchange Visitor)
In certain situations, the J-1 category can provide the following:

• Short-term legal status
• Structured professional experience
• Time to recalibrate long-term strategy

However, some J-1 programs include a home residency requirement, which must be evaluated carefully, as this requirement can significantly impact a candidate’s ability to return to their home country and may influence their long-term career plans.

The Reality: There Is No One-Size-Fits-All Solution

What works for one candidate may not work for another.

Your best option depends on:

• Your field of expertise
• Your employer’s flexibility
• Your academic background
• Your long-term immigration goals

That’s why reactive decisions can be risky.

This moment requires informed, proactive planning—not quick fixes.

This Moment Is a Pivot Point, Not a Dead End.

Not being selected in the H-1B lottery is undeniably frustrating.

But it is not a verdict on your future.

In fact, many professionals later realize that missing the lottery forced them to do the following:

• Discover better opportunities
• Build stronger credentials
• Take more strategic control of their careers

The H-1B lottery is a game of chance.

Your future should not be.

Use this moment to shift from waiting… to planning.

About the Author:

Anjali V. Deshmukh is an immigration lawyer in Washington, D.C. who has been working in the field for more than 15 years. She focuses on employment and religious worker visas. She graduated from Georgetown University Law Center and has spent her career helping South Asian non-profits and cultural institutions understand the complicated rules and regulations that govern immigration in the United States. Anjali speaks at national legal forums a lot, and she cares deeply about giving the Indian-American community the legal clarity it needs to protect its rich spiritual and cultural traditions. You can reach her by email at anjali@deshvidesh.com.

For decades, the H-1B visa program has served as a powerful economic bridge between the United States and India, fueling innovation, entrepreneurship, and global leadership. Indian professionals—particularly in technology, healthcare, engineering, and research—have played a transformative role in shaping modern America. From Silicon Valley startups to Fortune 500 boardrooms, Indian-origin talent has contributed not only skills, but vision, resilience, and a deep commitment to growth.

However, recent policy shifts under the Trump administration threaten to disrupt this mutually beneficial relationship. By sharply increasing costs, restricting access, and restructuring how visas are allocated, these changes risk undermining U.S. economic competitiveness while weakening one of the most successful immigrant success stories in American history.

At the heart of the issue is a fundamental misunderstanding: restricting high-skilled immigration does not protect the U.S. economy—it constrains it.

Key Challenges

Recent changes to the H-1B program risk undermining U.S. economic and strategic interests in several critical ways:

Undermining U.S. Competitiveness
Restrictive H-1B policies are not eliminating demand for talent—they are simply redirecting it. Research suggests that for every rejected H-1B visa, companies hire between 0.4 and 0.9 skilled workers abroad. This means jobs that could have been created in the United States are instead moving overseas. For Indian professionals—who form a significant portion of the H-1B workforce—this shift could accelerate the growth of global innovation hubs in cities like Bengaluru, Hyderabad, and Toronto. Strategic sectors such as artificial intelligence, cloud computing, semiconductors, and biotechnology are particularly vulnerable. By limiting access to global talent, the U.S. risks losing its leadership position in the very industries that will define the future.

Weakening the Labor Market
The introduction of dramatically higher H-1B-related fees—reportedly reaching up to $100,000 in some cases—creates a major barrier for employers. At a time when the U.S. is already facing shortages in STEM talent, healthcare professionals, and specialized engineers, restricting this pipeline is counterproductive. Indian professionals have historically filled critical gaps, often enabling companies to expand operations and hire more American workers in complementary roles. Limiting their entry will not solve labor shortages—it will deepen them, slowing innovation and increasing costs across industries.

Harming Employers—Especially Small and Mid-Sized Businesses
The burden of these policy changes will fall disproportionately on smaller organizations. While large tech giants may be able to absorb higher hiring costs, startups, small businesses, hospitals, and manufacturing firms will struggle. These organizations rely heavily on access to skilled talent to remain competitive and grow. With six-figure hiring costs, many will be forced to either scale back hiring or shift operations overseas. This is particularly alarming given that small businesses have contributed approximately 55 percent of net job creation in the United States over the past decade. By limiting their access to talent, these policies risk stifling one of the most dynamic drivers of economic growth.

Misaligning Visa Allocation with Strategic Needs
The shift toward a wage-based selection system introduces another structural problem. By prioritizing applicants offering the highest salaries, the system assumes that compensation is the best measure of value. In reality, innovation often comes from early-career professionals, researchers, and specialists working in emerging fields. Many Indian engineers and graduates enter the workforce at this stage and go on to become entrepreneurs, CEOs, and pioneers of new technologies. By crowding out this group in favor of higher-paid, often more established roles, the policy risks undermining long-term innovation and economic vitality.

The Indian-American Contribution

The Indian-American community stands as one of the most compelling examples of the success of high-skilled immigration. With some of the highest levels of education and professional achievement in the country, Indian-Americans have made outsized contributions across sectors. They lead major technology firms, drive medical innovation, build successful businesses, and contribute to academia and public service.

Many of these success stories began with an H-1B visa. What starts as an opportunity for a young engineer or doctor often evolves into entrepreneurship, job creation, and long-term community leadership. By restricting access to this pathway, the U.S. risks breaking a cycle that has consistently delivered economic and social returns.

A Global Shift in Talent

Perhaps the most significant long-term risk is the global redistribution of talent. Countries such as Canada, the United Kingdom, and Australia are actively designing immigration systems to attract the very professionals the U.S. is now discouraging. At the same time, India itself is rapidly emerging as a global innovation hub, offering increasing opportunities for skilled professionals to thrive domestically.

If the U.S. becomes less accessible, the world will not run out of talent—it will simply relocate. Companies will follow. Investments will follow. And over time, leadership in key industries may follow as well.

A Better Path Forward

A more strategic approach would recognize that high-skilled immigration is not a threat but a national asset. Instead of broad restrictions, policymakers should focus on targeted reforms—supporting startups and small businesses, aligning visa allocation with critical industries, and ensuring that early-career talent continues to have opportunities to contribute.

Encouraging mobility within the labor market, reducing bureaucratic hurdles, and maintaining America’s reputation as a welcoming destination for global talent are essential steps in preserving long-term competitiveness.

The new H-1B policies may be driven by a desire to protect American workers, but their unintended consequences could be severe. By raising costs, limiting access to talent, and encouraging businesses to look abroad, these changes risk weakening the very foundation of U.S. economic strength.

For the Indian-American community, this is not just a policy issue—it is a turning point. It challenges a legacy built on contribution, opportunity, and mutual growth between two great nations.

In a global economy defined by knowledge and innovation, the choice is clear: nations that attract talent will lead, and those that restrict it will fall behind.

Anjali V. Deshmukh 

Anjali V. Deshmukh is an immigration lawyer in Washington, D.C. who has been working in the field for more than 15 years. She focuses on employment and religious worker visas. She graduated from Georgetown University Law Center and has spent her career helping South Asian non-profits and cultural institutions understand the complicated rules and regulations that govern immigration in the United States. Anjali speaks at national legal forums a lot, and she cares deeply about giving the Indian-American community the legal clarity it needs to protect its rich spiritual and cultural traditions. You can reach her by email at anjali@deshvidesh.com.

By Anjali V. Deshmukh

The Department of Homeland Security (DHS) put out an interim final rule called “Improving Continuity for Religious Organizations and Their Employees” on January 16, 2026. “This rule gets rid of the one-year “cooling-off” period that R-1 religious workers had to go through after they had been in the country for five years. Pujari ( Priests)  still have to leave the U.S. when they reach the five-year limit, but they can now come back right away after getting a new visa stamp.” This feature makes it much easier for Hindu temples to find staff. Hindu temples all over the United States have finally gotten over a problem that has been around for a long time.

Before, a  Pujari  who had been in the U.S. on an R-1 visa for five years had to live outside the country for a full year before they could apply to come back. For many temples, this meant losing their spiritual leader just when the community needed them the most. Because there were so many people waiting for Green Cards (EB-4), these “one-year gaps” often turned into permanent departures, which meant that temples were always looking for new Pujari.

The new rule for 2026 gets rid of that mandatory wait.  Pujaris still have to leave the U.S. after five years, but they can now apply to come back right away. This lets temples file a new petition up to six months ahead of time, so a  Pujari can “rotate” back into service as soon as they finish an interview for a visa at an Indian consulate.

This makes sure that our mandirs can always have trusted Pujari on hand for the Hindu-American community. This change recognizes that our Pujaria are important to the moral and social fabric of our community, which will help keep our traditions alive and well for many years to come.

About the Author

Anjali V. Deshmukh is an immigration lawyer in Washington, D.C. who has been working in the field for more than 15 years. She focuses on employment and religious worker visas. She graduated from Georgetown University Law Center and has spent her career helping South Asian non-profits and cultural institutions understand the complicated rules and regulations that govern immigration in the United States. Anjali speaks at national legal forums a lot, and she cares deeply about giving the Indian-American community the legal clarity it needs to protect its rich spiritual and cultural traditions. You can reach her by email at anjali@deshvidesh.com.