USCIS Update: New Lawsuit Targets Two Green Card Policies as FY2027 Brings Fresh Fees and Visa Bulletin Movement

Written By Taylor Kaminski

October has been an eventful month for employment-based immigration. Over the past two weeks, a federal lawsuit was filed challenging two 2026 USCIS policies that directly affect adjustment-of-status applicants; USCIS announced inflation-adjusted fees taking effect October 16; the October Visa Bulletin opened the new fiscal year with notable movement for India and China; and fresh processing-time data underscored just how selective the EB-1A lane has become. Here's what changed — and what it means for your case.

1. Federal lawsuit challenges USCIS policies on adjustment-of-status discretion and "deny without RFE" (filed October 5)

On October 5, 2026, a coalition of organizations and individual green card applicants filed American Association of University Professors et al. v. Mullin et al., No. 1:26-cv-14527, in the U.S. District Court for the District of Massachusetts (docket). The suit challenges two 2026 USCIS policies:

  • A May 2026 adjustment-of-status memo that treats the choice to adjust status inside the United States as a negative discretionary factor, requiring applicants to show "unusual or even outstanding" considerations to overcome it.
  • An August 2026 evidence policy restoring officers' discretion to deny benefit requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) — applied even to cases filed before the policy existed.

The plaintiffs include AAUP and its Harvard and Boston University chapters, SEIU and affiliated unions, Americans for Immigrant Justice, and six individual applicants. They are represented by Democracy Forward, the American Immigration Council, AILA, and Colombo & Hurd, and are asking the court to block and ultimately set aside the policies.

Why it matters: A docket check on October 12 shows only the October 5 filings (complaint, summons, and pro hac vice motions) — no ruling yet. So the status quo stands: both policies remain in effect, incomplete filings can be denied outright, and adjustment applicants face a tougher discretionary standard. This is a case to watch, not a change in law — we'll track it in future updates.

2. October 2026 Visa Bulletin opens FY2027 with India movement — and worldwide EB-2/EB-3 retrogression

The October 2026 Visa Bulletin, the first of the new fiscal year, reset the employment-based charts (EB category reference) with some welcome and some unwelcome news:

  • EB-1 India advanced 3.6 months to February 1, 2023; EB-1 remains current for all other countries.
  • EB-2 India moved from "Unavailable" — where it sat July through September — to November 1, 2013. And USCIS is using the Dates for Filing chart for employment-based cases in October, meaning India EB-2 and EB-3 applicants with priority dates before January 15, 2015 can file their I-485s this month.
  • Worldwide EB-2 retrogressed to January 1, 2025 and worldwide EB-3 to May 15, 2024, tied to FY2027 quarterly visa limits.
  • EB-2 China advanced to October 1, 2021; EB-3 China to January 8, 2022.

Why it matters: If you're India-born with an EB-2 or EB-3 priority date in 2014 or earlier, October may be your filing window — but don't assume it lasts. EB-2 India was unavailable for three months last fiscal year and could follow a similar pattern this year. The November bulletin hasn't published yet; early forecasts suggest modest movement at most, so check the new bulletin when it drops mid-month.

3. USCIS inflation-adjusted fees take effect October 16

On September 30, USCIS announced FY2027 inflation adjustments to the fees created under H.R. 1. Effective for filings postmarked on or after October 16, 2026: initial EADs for asylum applicants, parolees, and TPS holders ($560 → $570), TPS applications ($510 → $520), the immigration parole fee ($1,020 → $1,050), and the annual pending-asylum fee ($102 → $105). Renewal EAD fees and the initial asylum fee are unchanged, and USCIS will recalculate these fees annually.

Why it matters: The affected forms are mostly humanitarian, but the filing lesson is universal. USCIS rejects underpaid filings at intake — and you lose your filing date. What counts is the postmark, not when you signed the forms. Before mailing any USCIS package, verify the current fee, the form edition, the filing address, and keep your postmark evidence.

4. EB-1A processing data: 32.5 months regular vs. 15 business days with premium — and shorter RFE deadlines

October processing-time readings show EB-1A I-140 petitions at 32.5 months for 80% of cases under regular processing — while premium processing ($2,965) requires USCIS action within 15 business days. USCIS also prioritizes I-140s whose priority dates are current, so a regular-processing case can land ahead of or behind that figure depending on the visa bulletin.

Separately, immigration practitioners have been reporting RFEs in EB-1A and NIW cases arriving with 30-day response deadlines instead of the traditional ~84 days — a shift observed since the August 5 policy update.

Why it matters: Regular EB-1A processing is now measured in years, making premium processing a serious strategic consideration where budget allows. And if an RFE arrives, treat the deadline on its face as urgent — thirty days is very little time to assemble expert letters, industry data, and a detailed rebuttal.

Practical takeaways

  • If you're adjusting status (I-485), file a complete package the first time. The lawsuit hasn't changed the rules, and a thin filing can be denied with no second chance.
  • India EB-2/EB-3 filers: check whether your priority date is current under the October Dates for Filing chart, and act before the window closes.
  • Before mailing any USCIS filing, confirm the current fee, form edition, and filing address — and keep your postmark evidence.
  • EB-1A and NIW petitioners: weigh premium processing to avoid multi-year waits, and respond to any RFE immediately rather than waiting out the deadline.

Closing

The theme this month is preparation: the legal landscape may be in flux, but the agency's expectations are clear — complete, well-documented filings, filed on time. If you're considering an EB-1A, O-1, NIW, or adjustment-of-status filing, now is a good time to review where your case stands.

Taylor Kaminski