Three updates founders should note:
USCIS can deny weak filings without RFEs or NOIDs. Starting August 5, 2026, USCIS officers can reject cases outright if initial evidence is incomplete. This applies to H-1B, O-1, EB-1A, I-485, and similar filings. Treat your first submission as final. No second chances. USCIS
Action: Have counsel re-check any upcoming filings for missing evidence, signatures, or weak arguments. For O-1/EB-1A, include all strong evidence upfront. Good attorney matters.
$4,000 “9/11 Biometric Fee” applies to some H-1B extensions. Effective September 9, 2026, DHS requires certain H-1B employers to pay this fee for extensions, even when the employee stays with the same company. Applies to employers with 50+ U.S. employees, where 50%+ are in H-1B or L-1 status. GovInfo
Impact: Most small startups aren’t affected.
India EB-1 may run out before FY2026 ends. The August Visa Bulletin warns high demand could make India EB-1 unavailable “in the coming weeks” if annual limits are reached. Current cutoffs: Final Action - October 15, 2022; Dates for Filing - December 1, 2023. Broader retrogressions are possible. Travel.gov
Pro Tip: Your existing EB2 priority date can be ported over to EB-1 adjusting of status. Get your priority date now. That’s what matters.