New USCIS Rules May 2026: In-Person Attorney Presence Required at Asylum Interviews
USCIS will require attorneys to be physically present at certain asylum interviews starting May 18, 2026, marking a significant procedural shift for immigration legal representation.
The U.S. Citizenship and Immigration Services (USCIS) has announced a new policy requiring in-person attorney presence at certain asylum interviews, effective May 18, 2026. This procedural change marks a departure from remote or telephonic representation that became more common during and after the COVID-19 pandemic. Under the new requirement, attorneys representing asylum applicants at designated interview types must appear in person at USCIS facilities rather than participating remotely. This change is expected to affect scheduling logistics for both immigration law firms and their clients, particularly those in areas far from USCIS field offices. While this policy primarily affects asylum proceedings rather than employment-based immigration such as EB-3, it reflects a broader USCIS trend toward reinstating in-person procedural requirements across various immigration benefit types. EB-3 applicants who also have pending asylum claims or family members in asylum proceedings should take note.
A Massachusetts court struck down the $100K H-1B fee on June 8, but a temporary administrative stay keeps it enforceable while the First Circuit considers the government's appeal.
The U.S. government has appealed court rulings blocking the travel ban affecting 39 countries and H-1B fee increases to the First Circuit Court of Appeals, creating continued legal uncertainty for immigration applicants.
A federal judge in Massachusetts invalidated the $100,000 H-1B fee on June 8, 2026, ruling it was an unconstitutional tax imposed without congressional authority. The administration plans to appeal and seek a stay of the decision.