What You Missed In Immigration: Retrogression, $100K Fees & Vanishing Consulates

July Visa Bulletin Brings Pain for India, a Bright Spot for EB-3

The July Visa Bulletin landed with a thud for Indian nationals in the employment-based categories. EB-2 India is now unavailable. EB-1 India retrogressed by two months. EB-5 Unreserved for India also went unavailable. If you're an Indian national waiting on an employment-based green card, the line just got longer or disappeared entirely. On the flip side, China saw gains across EB-1, EB-3, and EB-5. And EB-3 was the standout performer overall, advancing 4.5 months for China and two months for most other countries. Family-sponsored categories were mostly flat, with F1, F2B, and F4 inching forward.

The PERM Takeaway: EB-2 India going unavailable is a seismic event for employers sponsoring Indian nationals, and it affects a massive share of the PERM filing population. If your employee's labor certification was filed under EB-2, they now have no visa number to move forward with. This is where strategic planning becomes critical. Employers should consult with counsel about whether EB-3 downgrading makes sense, given that EB-3 actually moved forward this month. Yes, it feels counterintuitive to file under a "lower" preference category, but a moving line beats a closed door. For new PERM cases, the prevailing wage level and job requirements you set today will determine which category your employee lands in tomorrow. Choose wisely.

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$100,000 H-1B Fee Lives On (For Now)

The legal ping-pong over the administration's $100,000 H-1B filing fee continues. A federal judge temporarily paused a June 8 ruling that had struck down the fee, allowing USCIS to keep collecting it while the government seeks a longer stay from the appeals court. The administration has until June 18 to file its request. For now, employers filing H-1B petitions are still on the hook for the six-figure fee, but the outcome remains uncertain as the case works through the courts.

The PERM Takeaway: Whether the $100,000 fee survives or not, the message to employers is the same: the cost of sponsoring foreign workers is trending in one direction, and it's not down. Companies that are on the fence about starting the PERM process should factor in the real possibility that H-1B costs remain at this elevated level permanently. A PERM filing that leads to a green card eliminates the need for future H-1B renewals and their associated fees. For employers paying $100,000 per H-1B petition, the math on PERM sponsorship as a long-term cost-saving strategy has never been more compelling. Run the numbers with your counsel and your CFO.

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State Department Cuts African Visa Processing Locations by More Than Half

The State Department is planning to slash the number of U.S. embassies and consulates in Africa that process visa applications from nearly 50 down to just 20. Under the proposal, applicants in many countries would need to travel to designated regional hubs for their visa interviews, potentially adding significant cost and wait times. Consular sections in non-hub countries would stay open for limited services, including U.S. citizen assistance and certain diplomatic cases, but routine visa processing would be consolidated.

The PERM Takeaway: For employers sponsoring workers from African countries, this consolidation could create serious logistical headaches during consular processing. If your sponsored employee needs to attend a visa interview at a U.S. consulate in Africa and their nearest processing location just moved to a different country, you're now looking at international travel costs, longer wait times for appointments, and added complexity in an already unpredictable process. Employers should identify which of their sponsored workers could be affected and start planning alternative processing strategies now. If adjustment of status within the U.S. is an option, this news makes that path look a lot more attractive than sending someone abroad to chase a shrinking number of consular appointments.

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World Cup Visa Guidance Drops, But Don't Expect a Free Pass

The State Department released new FAQs explaining how the FIFA Priority Appointment Scheduling System (FIFA PASS) works for World Cup fans seeking B-1/B-2 visitor visas. Spouses and minor children may qualify for priority appointments, and the system helps secure interview slots faster. But the guidance makes clear that FIFA PASS doesn't guarantee approval, current travel restrictions remain in effect, and most applicants must apply from their country of nationality or residence. It's a faster line, not an open door.

The PERM Takeaway: This one's less about PERM directly and more about the broader visa processing environment. When the State Department prioritizes World Cup visa appointments, it pulls consular resources away from other visa categories, including the employment-based visas your sponsored workers depend on. Employers with employees awaiting consular interviews for H-1B stamps, immigrant visas, or other work-related appointments should anticipate potential scheduling delays during the World Cup window. Plan interview timing strategically and avoid peak periods if possible. Consular bandwidth is a finite resource, and right now, soccer fans are competing for it.

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Stay sharp, stay compliant, and we'll see you next week.