The Department of Homeland Security published a final rule titled “Retention of EB-1, EB2- and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers,” (81 FR 82398). The rule includes important new rules regarding AC21 provisions involving certain nonimmigrant workers who are the beneficiaries of approved immigrant visa petitions. It also changes certain rules relating to H1B portability. The final rules will take effect on January 17, 2017. We will upload a series of articles discussing the new rules in advance of their taking effect.

Supreme Court Holds That Asylum Seekers Turned Back at the Border Have Not “Arrived in the United States”: A Practitioner’s Analysis of Mullin v. Al Otro Lado
On June 25, 2026, the Supreme Court of the United States, by a vote of six to three, reversed and remanded a decision of the United States Court of Appeals for the Ninth Circuit and held that a noncitizen who stands on the Mexican side of the United States-Mexico border, and who is physically prevented from setting foot on United States soil, has not “arrived in the United States” within the meaning of the Immigration and Nationality Act (INA).

