The Department of Homeland Security has issued an interim final rule addressing the immigration status of a limited category of children born in the United States to qualifying foreign government employees. The rule does not eliminate birthright citizenship generally. It applies only where neither parent is a U.S. citizen and at least one parent falls within the rule’s definition of a foreign government employee at the time of the child’s birth.
USCIS is updating Forms I-485 and G-325R to reflect the change. Implementation is presently limited by the injunction in Casa Inc. v. Trump, and DHS has stated that it will not apply the rule to members of the certified class or act inconsistently with the injunction unless the government obtains further relief. Potentially affected families should seek individualized advice because the rule involves the legally sensitive intersection of birthright citizenship, diplomatic status, and immigration registration. Read the USCIS announcement
USCIS has issued revised guidance for determining whether an adjustment-of-status applicant is likely at any time to become a public charge. Effective September 18, 2026, the guidance applies to covered Forms I-485 postmarked or electronically submitted on or after that date. Officers must consider the statutory factors of age, health, family status, financial circumstances, and education and skills, together with other relevant evidence under the totality of the applicant’s circumstances.
For benefits received before September 18, USCIS will consider only public cash assistance for income maintenance and long-term institutionalization at government expense. For benefits received on or after that date, USCIS states that it may consider any means-tested public benefits received. Several humanitarian and special categories remain exempt. If public charge is the only ground of inadmissibility, USCIS may invite an applicant to submit a bond using Form I-945; the form cannot be submitted without an invitation through a Notice of Intent to Deny. Read the USCIS guidance
DHS has issued an interim final rule allowing USCIS to require electronic filing for certain immigration forms. The rule took effect on August 11, 2026, but does not immediately make electronic filing mandatory for every form. USCIS may impose the requirement after a form has been available electronically for at least 180 days and must provide at least 60 days’ notice on its website.
Filers may be required to complete the form online or upload a completed PDF and supporting evidence through a USCIS online account. DHS expects the transition to reduce incomplete submissions, modernize fee collection, and improve access to information for identity verification, fraud detection, and security screening. Applicants who would experience undue hardship may request a discretionary waiver and should always confirm the accepted filing method immediately before submission. Read the USCIS announcement
The Department of State has confirmed that its January 2026 pause on immigrant-visa issuance to nationals of 75 countries ceased to be effective on August 21, 2026, following the court’s order in CLINIC et al. v. Rubio. The Philippines was not among the 75 countries. The policy applied to immigrant visas, not tourist and other nonimmigrant visas, and did not revoke visas that had already been issued.
Ending the pause allows affected applicants to receive individualized adjudication, but it does not eliminate every restriction that may affect them. Separate presidential proclamations, country-specific entry restrictions, security screening, public-charge rules, visa availability, and other grounds of inadmissibility may continue to apply. Applicants should verify the requirements governing their nationality, visa category, and consular post. Read the Department of State update.
My recent visit to Ireland was celebrating my friend Caoimhe’s wedding amid the extraordinary beauty of County Kerry.
It also became an unexpected reunion. I reconnected with my college classmates Charisse and Dimple, as well as my former St Luke’s colleagues JR and Joel. Years may take people to different corners of the world, but genuine friendships have a remarkable way of resuming where they left off.
The journey gave me an opportunity to understand Ireland more deeply. In Northern Ireland, I learned about the Titanic, from its construction in Belfast to its ill-fated maiden voyage and enduring place in history. Across the Republic of Ireland, I encountered a country shaped by layers of Celtic tradition, Viking and Norman incursions, ancient stone forts and early Christian oratories, colonial rule, independence, and a vast diaspora.
Ireland’s history is inseparable from migration. For generations, Irish people travelled to Canada, Australia, the United States, and elsewhere in search of safety, opportunity, and a better future. They did not simply settle in these countries; they helped build their communities, institutions, professions, and national identities.
That story continues in modern forms. Nurses, lawyers, and other professionals still cross borders to serve communities, advance their careers, and build new lives—including those moving between Ireland, Australia, and the United States. Their journeys remind us that migration is not merely the movement of people. It is also the movement of knowledge, service, culture, ambition, and hope.
This is central to the work of ONOR Immigration Law. We support organizations seeking the people and expertise they need, professionals pursuing opportunities across borders, and immigrants working to create secure and meaningful futures for themselves and their families.
Immigration law may deal in petitions, evidence, deadlines, and legal categories. But behind every case is something profoundly human: a journey, a contribution, and the hope of belonging.
Ireland reminded me that migration is not a footnote in the history of nations. It is one of the principal ways their stories are written.
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Professionals whose work has the potential to benefit the United States may overlook one of the most valuable employment-based immigration options available to them: the EB-2 National Interest Waiver.
The EB-2 NIW is an immigrant pathway for individuals who first qualify for EB-2 classification as professionals holding an advanced degree or persons of exceptional ability. Unlike the standard EB-2 process, a successful NIW applicant may self-petition without a permanent job offer or labor certification if USCIS determines that waiving those requirements would be in the national interest.
Potential applicants may work in healthcare, science, technology, engineering, education, business, public policy, research, entrepreneurship, or other fields. However, an advanced degree, impressive résumé, publications, or professional experience alone does not establish NIW eligibility. The case must be built around the applicant’s specific proposed endeavor and its prospective benefit to the United States.
USCIS evaluates whether:
Success depends on connecting the applicant’s qualifications, record of achievement, implementation plan, supporting evidence, and proposed U.S. impact into a clear and credible case. Broad ambitions and unsupported claims are rarely enough. The proposed endeavor must be practical, specific, and supported by objective evidence.
As a U.S. immigration lawyer admitted in New York, an Australian solicitor, and a registered nurse, I work closely with professionals developing employment-based immigration strategies. My focus is to identify the strongest legal position, test whether the proposed endeavor is viable, and present the evidence within the framework USCIS applies.
For qualified professionals seeking permanent residence in the United States, the EB-2 National Interest Waiver can be a powerful pathway—but it requires much more than showing that the applicant is accomplished. It requires demonstrating why the proposed work matters to the United States and why the applicant is positioned to deliver it.
LEARN MORE: novie@onorimmigrationlaw.com
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EB-3 Employment-Based Immigration remains one of the most practical pathways to U.S. permanent residence for many skilled professionals, including nurses, healthcare workers, and other qualified employees.
Unlike EB-1A, the EB-3 category generally requires a permanent full-time job offer from a U.S. employer and an approved labor certification (PERM), unless an exemption applies. Your priority date, the Visa Bulletin, and your country of chargeability will determine when you can move forward with your immigrant visa or adjustment of status.
Many EB-3 cases encounter unnecessary delays not because the applicant lacks qualifications, but because of avoidable issues with employer sponsorship, documentation, timing, or long-term immigration strategy. A well-prepared case requires careful coordination between the employee, employer, recruitment process, and USCIS requirements.
Because visa availability and processing times can change, timing matters. Decisions made early in the process, such as selecting the right employer, maintaining eligibility, and planning for priority date movement, can have a significant impact on the overall outcome.
If you are considering the EB-3 pathway, the key questions are whether you qualify for sponsorship, whether your employer is prepared to meet the legal requirements, and whether your case is positioned strategically from the outset.
LEARN MORE: novie@onorimmigrationlaw.com
Australian professionals are uniquely positioned when it comes to U.S. work opportunities, yet many overlook one of the strongest visa options available to them: the E-3 visa.
Created exclusively for Australian nationals, the E-3 visa allows qualified professionals to work in the United States in specialty occupations requiring specialized knowledge and at least a bachelor’s degree or equivalent. This includes industries such as healthcare, law, engineering, finance, technology, education, and other professional sectors where expertise matters.
Compared to other employment-based visa pathways, the E-3 often offers greater flexibility, a more efficient process, and a practical route for professionals seeking to establish or advance their careers in the U.S.
What determines success is not simply the visa category itself, but the strength of the position offered, the employer’s compliance obligations, degree alignment, Labor Condition Application requirements, wage considerations, and long-term immigration planning. Timing and strategy matter.
Many avoidable problems arise because decisions are made too late, documentation is prepared too narrowly, or the broader immigration picture is ignored.
As a U.S. immigration lawyer admitted in New York, an Australian solicitor, and a registered nurse, I work closely with professionals and employers navigating complex cross-border transitions. My focus is building strong legal positioning from the outset so that opportunities are protected and long-term pathways remain open.
For Australians considering employment in the United States, the E-3 visa can be one of the most valuable and underutilized pathways available.
LEARN MORE: novie@onorimmigrationlaw.com
At ONOR Immigration Law, we believe immigration is never purely administrative. Behind every petition, every visa strategy, and every relocation decision is a person navigating identity, sacrifice, uncertainty, and the pursuit of a better future.
This same philosophy extends across the broader ONOR ecosystem: ONOR Immigration Law for U.S. immigration legal services, ONOR Advisory Pty Ltd for cross-border strategy and professional transition support, and Noble and Honorable Adventures as the personal narrative that gives meaning to the work behind both.
More than a memoir, Noble and Honorable Adventures reflects the lived realities of migration, reinvention, and building a life across borders. Through experiences spanning the Philippines, New Zealand, Europe, Australia, and the path toward the United States, it explores ambition, resilience, identity, and the quiet cost of becoming.
For nurses, professionals, families, and migrants navigating change, this book is part of the same mission: helping people move forward with clarity, courage, and strategy. It reminds us that migration is not only a legal process or a professional decision. It is a human journey.
Because behind every visa is a life being rebuilt, and behind every journey is the deeper work of becoming.
Noble and Honorable Adventures now on Amazon: