Public Charge Reversal, Visa Gains & PERM Overhaul: July 13–19, 2026

Week in Review: July 13–19, 2026

This week brought a rare convergence of major developments across nearly every stage of the EB-3 green card process. USCIS rescinded its 2022 Public Charge rule — with new standards taking effect September 18, 2026, and a mandatory new Form I-485 arriving on the same date. The July 2026 Visa Bulletin delivered meaningful forward movement for most chargeability areas, with China posting a dramatic 5-month jump. Meanwhile, the Department of Labor placed a long-anticipated PERM overhaul on the federal regulatory agenda, and the FY2027 H-1B cap closed permanently, pushing more employers toward sponsoring EB-3 green cards.

Visa Bulletin Update

The July 2026 Visa Bulletin brought broadly positive news. Here is where final action dates currently stand:

• All Areas (Rest of World) — EB-3 Skilled Workers: Advanced 2 months to August 1, 2024 (estimated ~1.9 years remaining wait)
• China (mainland born) — EB-3 Skilled Workers: Surged approximately 5 months to December 22, 2021 (up from August 1, 2021)
• Mexico — EB-3 Skilled Workers: Advanced 2 months
• India — EB-3 Skilled Workers: Modest 1-month forward movement
• Philippines — EB-3 Skilled Workers: No movement this month
• All Areas — EW-3 Other Workers: Advanced 1 month to March 1, 2022
• China — EW-3 Other Workers: No movement

China's 5-month leap is the standout development and a genuine relief for mainland-born applicants navigating one of the longest backlogs in the EB-3 queue.

One structural development worth noting: the Dates for Filing chart has fully converged with Final Action Dates across all chargeability areas. This means there is currently no concurrent filing advantage — you cannot file your I-485 (Application to Register Permanent Residence) ahead of your final action date. Watch the August 2026 bulletin to see whether this gap reopens.

USCIS Processing & I-485 Challenges

EB-3 applicants currently awaiting I-485 adjudication are facing a more demanding processing environment in 2026. Immigration practitioners are reporting a significant increase in in-person interview scheduling for employment-based adjustment of status cases — a departure from the interview-waiver practices more common in recent years. Each scheduled interview adds months to an already lengthy timeline.

Requests for Evidence (RFE) have also risen, with officers focusing on job offer continuity, employer ability to pay, and priority date validity. If you have a pending I-485, proactively gather:

• Updated employer verification letters confirming your job offer remains valid
• Recent tax records demonstrating the sponsoring employer's financial health
• Documentation of your maintained lawful status throughout the process

Separately, the Department of State issued guidance effective July 15, 2026, clarifying that immigrant visa applicants undergoing consular processing must attend their interview at the U.S. embassy or consulate in their country of current residence — not their country of birth or citizenship. If you have relocated internationally since filing your petition, verify immediately that your National Visa Center (NVC) records reflect your accurate current address. A mismatch can trigger case transfers between consular posts and significant delays.

PERM Labor Certification

The U.S. Department of Labor (DOL) placed a Notice of Proposed Rulemaking (NPRM) on the federal regulatory agenda this month, titled "Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM (Program Electronic Review Management) Immigrant Visa Program." This would be the first substantive update to PERM regulations since 2004 — more than two decades without a meaningful overhaul of the program that serves as the mandatory first step for most employer-sponsored green cards, including EB-3.

The proposed rulemaking is expected to address:

• Recruitment standards and advertising documentation requirements
• Employer compliance with anti-discrimination requirements
• Protections for U.S. workers in cases involving recent layoffs
• Revised recordkeeping obligations reflecting today's remote-work labor market

Important caveat: no regulatory text has been published yet, and no current PERM rules have changed. The NPRM is a signal of intent. Once it appears in the Federal Register, a public comment period will follow before any rule can take effect. For applicants whose employers have not yet filed PERM, this rulemaking is worth tracking. For cases already filed or pending, existing rules continue to apply.

Policy & Legislative Updates

Public Charge Rule Rescinded — New Form I-485 Required Starting September 18, 2026

This is the most consequential policy change of the week for green card applicants. USCIS has formally rescinded the 2022 Biden-era public charge regulation, with the new framework taking effect on September 18, 2026. The change restores broader officer discretion in evaluating whether an applicant is likely to become primarily dependent on government assistance.

Under the 2022 rule, USCIS officers were restricted in which factors they could consider. The rescission removes those guardrails — officers may now weigh a combination of factors including age, health, family circumstances, financial resources, assets, and education on a case-by-case basis, consistent with the underlying statute.

Two practical implications demand immediate attention:

1. A new version of Form I-485 will be required starting September 18, 2026. USCIS has stated it will reject any older form editions submitted on or after that date — whether filed by mail or electronically. If you are planning to file your I-485 soon, confirm you are using the current edition and watch for the updated form USCIS will release before the deadline.

2. EB-3 employment-based applicants are generally less exposed to public charge concerns than family-based filers, because your green card case is grounded in a job offer rather than family dependency. However, applicants with a history of receiving Medicaid, housing assistance, or food stamps should be aware that officers now have broader latitude to scrutinize that history under the totality-of-circumstances standard.

FY2027 H-1B Cap Closed — EB-3 Demand Rising

On July 17, 2026, USCIS officially confirmed that the FY2027 H-1B cap of 85,000 visas — including the 65,000 regular cap and 20,000 U.S. advanced degree exemption — has been fully met, with no second lottery planned. FY2027 was also the first year to use a wage-weighted selection system, and the results were striking: total valid registrations fell 38.5% from 343,981 to 211,600, and 71.5% of selected beneficiaries held U.S. advanced degrees.

For EB-3, this matters indirectly but meaningfully: employers who failed to secure H-1B slots for skilled foreign national employees are increasingly turning to employment-based green card sponsorship as the next available pathway. Immigration practitioners are actively recommending EB-3 sponsorship as an alternative, which could drive an uptick in new PERM filings in the months ahead.

$100,000 Consular Petition Fee — Still in Effect

A U.S. District Court in Massachusetts struck down USCIS's $100,000 fee on consular-notification petitions on June 8, 2026, ruling it constituted an unauthorized tax. The government swiftly appealed and filed an emergency stay motion with the U.S. Court of Appeals for the First Circuit (State of California v. Mullin, No. 26-1699). As of July 16, the First Circuit has not yet ruled on the stay request. The fee remains collectible until a court explicitly orders otherwise. Employers with consular-notification petitions should continue budgeting for this fee and monitor the First Circuit closely for any ruling that changes compliance obligations on short notice.

TPS Work Authorization Deadlines — Urgent for Affected Workers

Following the Supreme Court's June 25, 2026, ruling in Mullin v. Doe, USCIS set new Employment Authorization Document (EAD) expiration dates for Temporary Protected Status (TPS) beneficiaries from seven countries: July 17, 2026 for Burma, Ethiopia, Somalia, South Sudan, Syria, and Yemen; and July 24, 2026 for Haiti. These are placeholder dates, not permanent termination deadlines, and further guidance is expected. Workers holding both TPS-based authorization and a pending EB-3 petition need to monitor USCIS announcements daily to avoid an unintended lapse in work authorization.

What This Means for Your EB-3 Case

If you're waiting on a priority date: July's visa bulletin movement is genuinely good news — especially for China-born applicants who saw a 5-month advance. Watch the August 2026 bulletin closely, and keep in mind that filing dates currently offer no advance-filing advantage over final action dates.

If you're preparing to file I-485: The September 18, 2026 deadline is now your most important near-term date. Either file before that date using the current form edition, or wait and ensure you use the new form USCIS will release. Given the rise in RFEs and interview notices, prepare your employer and financial documentation now — don't wait for a request.

If you're in consular processing: Verify your NVC residency record immediately. Under the July 15 DOS policy, your interview will be scheduled at the consulate in your current country of residence — not your home country. A mismatch in your file can cost you months.

If your employer is rethinking immigration strategy after the H-1B cap closed: The increased employer focus on EB-3 sponsorship may ultimately benefit the program through greater employer investment and familiarity, but it may also increase competition for PERM filing slots and processing resources.

If you hold TPS from one of the seven affected countries: Do not rely on your current EAD past the applicable deadline without confirming USCIS has issued updated guidance. The window between announcements and deadlines is very short right now.

This post is generated from immigration news published during the week of July 13–19, 2026. Information is for reference only. Verify all details with official USCIS, DOL, and DOS sources.