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Monthly news roundup: Supreme Court upholds birthright citizenship

Welcome to the Garfinkel Immigration news roundup, where every month we will summarize and provide links to the latest stories impacting U.S. immigration.

Below is the June 2026 edition of the Garfinkel Immigration news roundup:

Federal judge vacates USCIS pause on immigration applications for nationals from travel-ban countries

A federal judge has vacated a United States Citizenship and Immigration Services (USCIS) policy that paused the adjudication of immigration benefit requests filed by nationals of countries subject to the administration’s travel ban.

In a June 5 decision, the court found that USCIS exceeded its legal authority in implementing the policy and failed to follow applicable administrative law requirements. According to the opinion, USCIS had “violated the very immigration laws that Congress charged it with administering, as well as the administrative laws that govern the agency’s actions.” The court further concluded that USCIS’s actions were “contrary to law and arbitrary and capricious.”

However, the legal process may not be over. The Trump administration could appeal the decision or seek a stay of the ruling while appellate proceedings are pending.

Find out more here.

Federal judge rules $100K H-1B visa fee unlawful: What employers and foreign nationals should know

A federal judge ruled in early June that the $100,000 H-1B visa fee implemented by the Trump administration late last year is unlawful.

In a lawsuit challenging the policy brought by 20 state attorneys general, Judge Leo Sorokin, of the United States District Court for the District of Massachusetts, ruled that the administration lacked authority to impose the fee, finding that it effectively “imposes a tax on H-1B petitions without the requisite delegation by Congress.” The court also found that the policy was “arbitrary and capricious.”

The $100,000 H-1B visa fee was introduced by the Trump administration in Sept. 2025 and was set to last for 12 months, unless it was extended by the president.

The Trump administration may appeal the decision and/or seek additional relief from the courts while appellate proceedings are pending. The attorneys at Garfinkel Immigration Law Firm continue to monitor the situation closely and will provide updates as additional information becomes available.

Read the full story here.

How long does the employment-based nonimmigrant visa process take? A strategic guide for employers and foreign national professionals

One of the most common questions employers and foreign national professionals ask is: How long does the employment-based nonimmigrant visa process take?

Unfortunately, there is no one-size-fits-all answer. Processing times vary based on visa type, government backlogs, consular delays and other factors.

As timelines continue to fluctuate, proactive immigration planning is more important than ever for workforce management and talent retention. In her latest article, Senior Associate Attorney Ana Delgado Hualde breaks down key timing considerations and strategies for planning ahead.

Learn more here.

Supreme Court rejects Trump’s attempt to limit birthright citizenship

In late June, the Supreme Court upheld the right to birthright citizenship.

In a 6-3 decision, the Court ruled that an executive order issued by President Donald Trump on the first day of his second term is unlawful and cannot take effect.

If implemented, the order would have significantly changed the long-standing interpretation of birthright citizenship in the United States.

Learn more here via NBC News.

The Supreme Court lets the Trump administration end legal protections for Haitians and Syrians

Also in late June, the Supreme Court ruled the Trump administration could end Temporary Protected Status (TPS) for nationals of Haiti and Syria.

The 6-3 decision “overturns lower court orders and allows the Department of Homeland Security to swiftly end temporary protected status, a program that protects a total of 1.3 million people from 17 countries,” as documented by the Associated Press.

“It marked another victory at the high court for Republican President Donald Trump’s sweeping crackdown on immigration,” the story read. “The court’s conservative majority found that the law doesn’t allow courts to question the process that immigration authorities use to revoke the protections.”

Read the full story via the Associated Press here.

Immigrants are founders of most U.S. billion-dollar companies

This story written by Forbes Senior Contributor Stuart Anderson analyzes new research from the National Foundation for American Policy which found that “immigrants have founded or cofounded most (59%) of America’s privately held startup companies valued at $1 billion or more.”

“Moreover, approximately two-thirds (66%) of U.S. billion-dollar companies (unicorns) were founded or cofounded by immigrants or the children of immigrants. Nearly 80% of America’s unicorn companies (privately held, billion-dollar companies) have an immigrant founder or an immigrant in a key leadership role, such as CEO or vice president of engineering,” the study found.

The Forbes story added: “According to the research, privately held U.S. billion-dollar startups with immigrant founders have created an average of 833 jobs per company.”

Read the full story from Forbes here.


As always, please do not hesitate to contact Garfinkel Immigration Law Firm at 704-442-8000 or via email with any questions.

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Please note that the information contained is provided for informational purposes only, and should not be construed as legal advice. We recommend consulting with an attorney to seek legal advice and consider your specific circumstances.

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