Beginning September 1, DHS is expected to begin actively applying its existing FOIA fee schedule to certain records requests, including administrative files processed through USCIS and IDENT biometric records processed through OBIM. The important point: this is not a flat FOIA fee. Charges are calculated under the existing DHS fee structure in 6 C.F.R. § 5.11. This can be found here. For individual requesters: Search fees:– Managerial: $10.25 per 15 minutes– Professional: $7.00 per 15 minutes– Clerical/Administrative: $4.00 per 15 minutes Duplication: $0.10 per page Free allowance: first 2 hours of search + first 100 pages of duplication $14 de minimis rule: If the calculated fee after the free allowances is $14 or less, no fee is charged. $25 threshold: A requester is generally treated as agreeing to pay up to $25. If DHS expects the fee to exceed $25, it must notify the requester and obtain agreement before proceeding further. $250 advance payment: DHS may require advance payment when estimated fees exceed $250. What about late FOIA responses? If DHS misses the applicable statutory response deadline, search fees generally cannot be charged to an individual requester, although duplication fees may still apply. Who is most likely to be affected? Individuals requesting their own immigration records for personal use will generally benefit from the free search and duplication allowances. A routine, low-volume request may therefore remain completely fee-free or fall within the $14 de minimis threshold. The potential cost becomes more significant where the request involves: Extensive searches Large numbers of records/pages Complex or historical records Multiple DHS components or systems One important point: the exact scope of "administrative files" in the USCIS context should be confirmed with USCIS FOIA/DHS if the classification of a particular request affects the analysis. So, this does not mean that every person requesting their immigration file will suddenly receive a large FOIA bill. For most individual applicants, the existing free allowances remain important. The change is primarily about DHS actually applying the existing fee framework in the specified categories — not introducing a flat fee for requesting your immigration records.

For many years, foreign nationals have relied on a simple assumption: if a USCIS application or petition was filed on time and remains pending, they could continue to live and travel within the United States while awaiting a decision. Recent reports suggest that this assumption deserves closer scrutiny. The American Immigration Lawyers Association (AILA) has issued a practice alert following reports from immigration attorneys across the United States regarding increased detention of certain foreign nationals during domestic air travel. While the facts of each case are unique, the reports raise important compliance concerns for employers, students, workers, and families. Why This Matters Traditionally, a timely filed extension or change of status application may allow an individual to remain in the United States while USCIS adjudicates the case. However, that pending application does not automatically create a travel authorization or prevent immigration officers from questioning an individual's underlying immigration status. The concern is not simply about the outcome of these reported cases, but about the apparent expansion of immigration enforcement practices. Reports indicate that information-sharing systems initially designed to identify individuals with final orders of removal may now be resulting in increased encounters between immigration enforcement officers and individuals traveling domestically. Although the government has not announced any formal policy change regarding pending USCIS applications, these reports suggest that foreign nationals with pending immigration benefits should carefully assess the risks associated with domestic air travel. What Employers Should Know Companies employing foreign nationals should avoid assuming that a USCIS receipt notice alone eliminates travel-related risk. Human resources departments and global mobility teams should carefully evaluate situations such as: Employees whose I-94 has expired but whose extension of stay is pending. Individuals with pending change of status applications. Applicants with pending adjustment of status (Form I-485), particularly where Advance Parole may be required for international travel. Workers whose continued employment is authorized under USCIS regulations but whose underlying immigration documentation may raise questions during travel. Each situation should be assessed individually before domestic travel is scheduled. What Foreign Nationals Should Consider Before booking a domestic flight, consider the following: What is your current immigration status? Has your I-94 already expired? What immigration benefit is currently pending with USCIS? Do you possess documentation demonstrating continued lawful presence or employment authorization? Have you discussed the travel with your immigration attorney? A USCIS receipt notice is an important document, but it should not be viewed as a universal "safe harbor" for every travel scenario. The Bottom Line There has been no published DHS or USCIS policy stating that individuals with pending applications cannot travel domestically. However, recent reports indicate that immigration enforcement practices may be evolving. Until additional guidance becomes available, foreign nationals with pending immigration matters should carefully evaluate the risks before domestic travel, particularly if their original period of admission has expired or their ability to remain in the United States depends upon a pending USCIS filing. When in doubt, consult with an experienced immigration attorney before making travel plans. Reference American Immigration Lawyers Association (AILA) Practice Alert: Reports of Increased Detention at U.S. Airports for Individuals Traveling Domestically https://www.aila.org/practice-pointers-alerts/practice-alert-reports-of-increased-detention-at-us-airports-for-individuals-traveling-domestically Disclaimer This article is provided for general informational purposes only and does not constitute legal advice. The information is based on publicly available reports and the AILA Practice Alert referenced above. Every immigration case is fact-specific, and the legal implications of domestic travel may vary depending on an individual's immigration history, current status, and pending applications. This article should not be interpreted as indicating that DHS or USCIS has adopted a formal policy prohibiting domestic travel by individuals with pending immigration applications. Individuals should consult a qualified immigration attorney for advice regarding their specific circumstances before making travel decisions.

If you have been searching for an earlier U.S. visa appointment while facing lengthy wait times, the U.S. Department of State has introduced a new option for certain applicants. AI Generated Image On July 22, 2026, the Department of State announced a Nonimmigrant Visa (NIV) Expedited Appointment Pilot Program, allowing eligible B1/B2 (business and tourist) visa applicants at participating U.S. embassies and consulates to pay an additional $750 for the opportunity to obtain a visa interview within 10 business days, subject to appointment availability. The pilot represents a significant change in how the Department of State is addressing visa appointment backlogs. However, it is important to understand both the benefits and the limitations of the program. This update can be found here. For applicants in India, the most important question is whether the pilot will be expanded to U.S. Consulates in India. What Is the Paid Expedite U.S. Visa Appointment Pilot? The Paid Expedite Pilot is a voluntary, fee-based service that allows eligible applicants to obtain an earlier interview appointment where the program has been implemented. The pilot is currently scheduled to run through December 31, 2026, and applies only to B1/B2 visitor visa applicants. It does not apply to: F-1 and M-1 student visas J exchange visitor visas H-1B, H-4, L-1, L-2, O, P, TN, E, or other nonimmigrant visa categories Interview Waiver (Dropbox) applications The additional $750 fee provides access only to an earlier interview appointment. It does not affect how the visa application is adjudicated. It does not: Increase the likelihood of visa approval; Influence the decision of the consular officer; Waive statutory eligibility requirements; Reduce administrative processing or security screening; or Guarantee visa issuance. Every applicant, whether using Paid Expedite or not, must satisfy exactly the same legal standards under the Immigration and Nationality Act. How the $750 Paid Expedite Process Works Applicants must complete several steps before they can access the Paid Expedite option. Step 1. Schedule a Regular Interview Applicants must first: Complete the DS-160; Pay the standard $185 MRV fee; and Schedule a regular visa interview. Only after a regular interview has been scheduled will the Paid Expedite option become available, if offered by that U.S. embassy or consulate. Step 2. Look for the Paid Expedite Option Participating posts will display a "Paid Expedite" option within the visa scheduling portal under Request Expedite, whenever expedited appointments are available. Availability is limited and is not guaranteed. Step 3. Complete Payment Within 10 Minutes Once an expedited appointment is selected, applicants have 10 minutes to complete payment of the $750 Paid Expedite fee. Failure to pay within the allotted time releases the appointment back into the system. Step 4. Your Appointment Is Final Paid Expedite appointments cannot be rescheduled. If an applicant misses the appointment, the $750 fee is forfeited and is not refundable or transferable. Step 5. Premium Passport Delivery Where available, applicants using Paid Expedite may select premium passport delivery without additional cost. Where Is the Paid Expedite Program Available? At present, the pilot is available only at U.S. Mission Mexico, including the U.S. Embassy and all U.S. Consulates in Mexico, effective July 21, 2026. The Department of State has stated that additional embassies and consulates may be added before the pilot concludes on December 31, 2026. However, as of today, none of the U.S. Consulates in India, including Chennai, Hyderabad, Mumbai, New Delhi, or Kolkata, have been announced as participating posts. Applicants should therefore avoid relying on unofficial sources or individuals claiming they can obtain a Paid Expedite appointment in India before the Department of State formally introduces the program. What Does This Mean for Indian Applicants? For applicants applying in India, nothing changes immediately. The existing Emergency Appointment process remains the primary option for applicants with genuine, documented emergencies, including: Serious medical emergencies; Death or critical illness of an immediate family member; Certain urgent business travel; and Other circumstances recognized by the U.S. Mission. The Department of State's published FAQs also clarify that applicants whose Emergency Appointment requests were denied may still choose the Paid Expedite option, if and when it becomes available at their consular post. Frequently Asked Questions Does paying $750 improve my chances of visa approval? No. The fee simply provides an earlier interview appointment. Every application is reviewed under the same legal standards, and the additional payment has no impact on the consular officer's decision. Is the Paid Expedite fee refundable? No. The fee is non-refundable and non-transferable, including if an applicant misses the appointment or later decides not to attend. Can Dropbox applicants use Paid Expedite? No. The pilot is available only to applicants with scheduled in-person visa interviews. Will Paid Expedite be introduced in India? Possibly. The Department of State has indicated that additional posts may join the pilot before December 31, 2026, but no Indian post has been announced to date. Applicants should continue monitoring the official visa scheduling portal for updates. Should You Wait for the Paid Expedite Program? For most applicants, the answer is probably not. If your travel is genuinely urgent, an Emergency Appointment request may still be the fastest option currently available in India. If your travel is not urgent, waiting solely in the hope that the Paid Expedite pilot will expand to India could unnecessarily delay your plans. Until the Department of State formally announces participating Indian posts, applicants should proceed based on the existing appointment system. Ultimately, the timing of your interview is only one part of the visa process. A carefully prepared application, complete documentation, and a clear understanding of the purpose of your travel remain the factors that matter most. Need Guidance on the Fastest Legitimate Path? Whether you are considering an Emergency Appointment request, evaluating your options while the Paid Expedite pilot is unavailable in India, or preparing a B1/B2 application that can withstand close consular scrutiny, obtaining reliable legal guidance before making travel plans can help you avoid costly mistakes. At The Visa Code, we focus exclusively on U.S. immigration and consular matters and assist applicants worldwide with visitor visas, emergency appointments, visa refusals, waivers, and complex consular issues. If you have urgent travel plans or questions about your U.S. visa strategy, our team would be happy to assist. About The Visa Code The Visa Code is a Chennai- and Hyderabad-based U.S. immigration and consular law practice focused exclusively on U.S. visa and consular matters. Disclaimer: This article is provided for informational purposes only and should not be construed as legal advice. Reading this article does not create an attorney-client relationship. Every visa application is unique, and applicants should seek legal advice based on their individual circumstances.

For years, Indian IT firms, equipment manufacturers, and engineering companies have faced the same recurring problem: a client in the U.S. has bought your machinery, licensed your software, or commissioned your systems — and now needs your engineer or specialist to fly in for two or three weeks to train the American team. It isn't a job. It isn't a transfer. But it also didn't fit cleanly into the standard B-1 rules, leaving companies to either stretch the "business visitor" definition or file for an H-1B/L-1 for a role that would last a fraction of the visa's validity. The Department of State has now formally addressed this gap. Effective December 4, 2025, DOS updated the Foreign Affairs Manual to create a distinct "B-1 Specialized Trainer" category under 9 FAM 402.2-5(E)(2). This is a meaningful — if narrow — new tool for Indian companies that regularly send technical staff to the U.S. for short-term knowledge transfer. Why This Matters for Indian Employers This category is directly relevant to sectors with a heavy Indian presence in U.S. business relationships: IT services and software implementation, industrial and pharmaceutical equipment manufacturing, textile and auto-component machinery, and renewable energy. If your company routinely sends staff to the U.S. to: Train a client's technicians on machinery or equipment manufactured in India, Walk a U.S. implementation team through proprietary software your company built, Commission and demonstrate specialized systems following a sale or licensing deal, or Transfer manufacturing know-how tied to an international trade or supply relationship, then this new FAM provision gives consular officers a defined framework to grant B-1 status for exactly this purpose — rather than treating it as an ambiguous fit under general business-visitor rules. Where This Came From The change follows heightened federal scrutiny of foreign workers performing hands-on technical work in the U.S. under visa categories not designed for that purpose — scrutiny that intensified after a large 2025 worksite enforcement action at a Georgia manufacturing facility involving foreign nationals. DOS's response was to formally define a legitimate, narrow pathway for genuine training assignments, while drawing a much brighter line around what that pathway does not permit. Who Qualifies Under the new guidance, a foreign national may qualify for a B-1 Specialized Trainer classification if they: Possess unique or proprietary knowledge not readily available in the United States; Are entering the U.S. temporarily, for a defined assignment; Will train U.S. employees on foreign-sourced equipment, machinery, technology, or proprietary processes; and Are supporting a "qualifying project" connected to international trade or commerce. DOS has not precisely defined "qualifying project," which means consular officers and CBP will exercise real discretion here. Based on the guidance, stronger cases will generally involve a discrete, identifiable commercial undertaking — a specific equipment delivery, a specific software rollout, a specific licensing arrangement — rather than open-ended or routine business travel. What It Does Not Allow This remains a B-1 business visitor classification, not a work visa. The core restrictions on B-1 status apply in full. A specialized trainer generally may not: Perform productive work for the U.S. company; Take on an operational role or day-to-day responsibilities; Supervise U.S. business operations; Replace or substitute for a U.S. employee; or Draw compensation from a U.S. source, beyond reimbursement of reasonable travel expenses. The distinction the guidance draws is between demonstrating how something is done and doing it as part of ongoing production or service delivery. That line will matter a great deal in practice, and it is where employers most often run into trouble. Expect Closer Questioning at the Border Approved visas under this category must carry the annotation "B-1 SPECIALIZED TRAINER." While this is meant to clarify purpose, it also flags the traveler for closer attention from CBP on arrival. Trainers should be prepared to explain, in their own words: The specific project they are supporting; Why their expertise is not readily available in the U.S.; The defined, temporary duration of the assignment; and Why their role is limited to training, not productive work. A Note on ESTA and Visa-Exempt Travel Many Indian-linked multinationals also route non-Indian staff — from European or other visa-waiver countries — through ESTA for short U.S. business trips. DOS guidance suggests ESTA travelers may still engage in the same permissible activities, but some CBP ports appear to expect an annotated B-1 visa specifically for Specialized Trainer assignments. Until this is clarified further, the safer approach for any traveler explicitly entering under this rationale is an annotated B-1 visa rather than ESTA. Documentation That Matters Because this category is fact-specific and consular officers retain discretion, preparation before the visa interview is essential. We recommend Indian employers assemble: A clear written description of the project and the trainer's exact role in it; Defined start and end dates for the training assignment; Evidence that the equipment, software, or process originated outside the U.S. (India, in most of our clients' cases); Documentation establishing the trainer's specialized or proprietary expertise; A support letter explicitly stating the visitor will not perform productive work in the U.S.; and Confirmation that salary and compensation continue from the Indian entity throughout the assignment. A carefully drafted employer support letter — one that anticipates the "qualifying project" question rather than merely asserting eligibility — is often the difference between a smooth consular interview and a lengthy 221(g) administrative processing delay. Not a Substitute for H-1B or L-1 This category is built for short, project-defined training — not ongoing employment. If the assignment involves productive work, an extended stay, or the individual effectively working for the U.S. entity, the appropriate route remains a petition-based classification such as H-1B or L-1B. Employers should resist the temptation to stretch a Specialized Trainer B-1 to cover what is really a longer-term deployment; doing so risks a finding of unauthorized employment and can jeopardize both the individual's status and future visa eligibility. Our Take This is a useful addition for Indian companies with genuine, time-limited training needs in the U.S. — but it is not a shortcut, and it will be applied narrowly. Given the discretion built into terms like "qualifying project," we expect Chennai and Hyderabad consular officers to scrutinize these applications closely, particularly where the applicant's home company has a broader pattern of sending staff to the same U.S. client repeatedly. Employers should treat each assignment as its own case, document it accordingly, and take the support letter seriously rather than treating it as boilerplate. If your company is planning to send technical staff to the U.S. for a training assignment and wants to assess whether the Specialized Trainer category fits — or whether H-3, H-1B, or L-1 is the safer route — our team can help you evaluate the assignment and prepare the documentation before travel. This post is for general informational purposes and does not constitute legal advice. Every case depends on its specific facts.

The Department of State has released the August 2026 Visa Bulletin, and — with only two months left in Fiscal Year 2026 — the story it tells is one of two very different systems. Family-sponsored applicants saw some of the biggest advances of the year. Employment-based Indian applicants, by contrast, remain largely stuck, and DOS is now openly warning that things could get worse before FY2026 closes on September 30. August 2026 - Visa Bulletin can be found here. ✅ Family-Based Categories: Meaningful Movement Family-sponsored categories delivered the clearest good news this month. F2A (Spouses & Unmarried Children under 21 of Permanent Residents): The Final Action Date jumped from January 1, 2025 (July) to July 22, 2026 (August) — for India and every country except Mexico, which advanced to July 22, 2025. This is the single largest movement anywhere in the August bulletin. Note: the F2A Dates for Filing chart has separately remained current worldwide throughout — that's a different chart, not the same advancement, and the distinction matters for anyone deciding whether they can file now versus wait for final action. F1 (Unmarried Sons & Daughters of U.S. Citizens): Advanced from February 1, 2018 to December 15, 2018 for India. F2B (Unmarried Sons & Daughters, 21+, of Permanent Residents): Advanced from November 22, 2017 to January 1, 2018 for India. F3 (Married Sons & Daughters of U.S. Citizens): Advanced from April 15, 2012 to May 15, 2012 for India. F4 (Siblings of Adult U.S. Citizens): No change for India this month — it advanced for most other countries (January 1, 2009 → September 1, 2009), but India held at its prior date. The Dates for Filing chart also moved forward in several family categories (F1, F2B, F3), giving applicants earlier access to begin document submission even before their Final Action Date arrives. ❌ Employment-Based Categories: Little to No Relief for India EB-1 India: Holds at October 15, 2022 — unchanged from July. DOS has explicitly cautioned that EB-1 India could become unavailable before the fiscal year ends if demand continues to draw down India's annual allocation. Applicants with cases near the current cutoff should treat the next few weeks as time-sensitive. EB-2 India: Remains Unavailable, with no change from July. DOS has also flagged that EB-2 more broadly could see retrogression or unavailability in the coming months if demand stays high. When (and to what date) EB-2 India reopens will depend on FY2027 allocations from October 1 onward — but DOS has not committed to a specific reopening date, so this is worth watching rather than assuming. EB-3 India: Unchanged on both the Final Action Date (January 1, 2014) and the Dates for Filing chart. No movement in either direction this month. EB-4 (including Certain Religious Workers): Advanced modestly worldwide, from September 15, 2022 to October 15, 2022 — this applies to India as well, though it's a small step. EB-5: Unreserved EB-5 for India remains Unavailable. All EB-5 set-aside categories (Rural, High Unemployment, Infrastructure) remain current worldwide, so investors filing under a reserved category are not affected by the India backlog. 📌 Chart to Use for August Filings USCIS has confirmed the chart split for August: Employment-based adjustment of status filings must use the Final Action Dates chart (Chart A). Family-sponsored filings may use the more favorable Dates for Filing chart (Chart B). This is a meaningful difference for family-based applicants in particular, since it can allow filing well ahead of when a visa number is actually available. Key Takeaways for Indian Applicants Family-sponsored applicants got the real relief this month, led by F2A's substantial jump. Employment-based Indian professionals should not expect forward movement before FY2027 opens on October 1 — and even then, movement isn't guaranteed. EB-1 India applicants should treat the current window as urgent — DOS has warned the category may run out of numbers and become unavailable before September 30. EB-2 India remains closed, with DOS also warning of possible further tightening across EB-2 generally in the months ahead. File using the correct chart: Final Action Dates for employment-based, Dates for Filing for family-sponsored. Bottom line: August 2026 is a strong month for Indian family-sponsored applicants and a stagnant one for employment-based applicants. With the fiscal year closing out, EB-1 India in particular bears close watching — a shift to "Unavailable" in the coming weeks would not be a surprise given DOS's own language. This bulletin reflects DOS's August 2026 release, current FY2026 numbers, and category-specific guidance published by the Department of State. Visa Bulletin projections can shift month to month based on demand; applicants with cases near current cutoffs should monitor developments closely.