I-485, I-539 & I-765 Update 2026: DHS Biometrics Order & Fines Ruled Unlawful

Immigration attorney Alan Lee provides a comprehensive update on the current state of three critical immigration forms: I-485 (Adjustment of Status), I-539 (Extension/Change of Nonimmigrant Status), and I-765 (Employment Authorization Document). These forms are central to the immigration journeys of EB-3 applicants and others pursuing lawful permanent residence or work authorization in the United States. In a significant development for detained individuals, DHS has been ordered by a court to take biometrics of those in immigration detention. This ruling has procedural implications for how immigration enforcement processes individuals in custody, potentially affecting the speed and consistency of processing for detained applicants. Perhaps most notably for those facing removal proceedings, a court has ruled that exorbitant fines imposed on individuals for failure to depart the United States are unlawful. These fines, which had been issued under enforcement policies, were found to exceed legal authority, offering some relief to individuals who had faced financially devastating civil penalties. For EB-3 applicants, the status of Form I-485 processing remains a key concern, particularly given current visa bulletin cutoff dates and USCIS workload. Delays in I-765 adjudication directly impact the ability of adjustment applicants to work legally while their green card applications are pending. Applicants are advised to monitor USCIS processing time updates regularly and consult with qualified immigration counsel regarding any pending I-485, I-539, or I-765 filings, especially in light of ongoing policy and legal changes affecting these processes.