Starting October 1, USCIS to Implement Notice to Appear Policy in Phases
September 26, 2018
At a glance
- Beginning October 1, USCIS could initiate removal proceedings against adjustment of status applicants without underlying nonimmigrant status if their applications are denied and they do not depart the United States promptly.Applicants for certain changes or extensions of status are also subject to the policy.
- For now, USCIS does not plan to apply the new policy to employment-based petitions or humanitarian petitions or applications.
The situation
Starting October 1, USCIS will begin a phased implementation of its June 28, 2018 Notice to Appear (NTA) Memorandum, which directs agency adjudicators to initiate removal proceedings against a broader group of foreign nationals.
According to an agency announcement issued today, USCIS will apply the policy to Form I-485 permanent residence applicants and to Form I-539 applicants to extend or change nonimmigrant status. Employment-based petitions – including H-1B, L-1, E and O petitions – are not subject to the enforcement policy at this time. Humanitarian application and petitions are also exempted.
USCIS first announced the NTA policy in July of this year, but deferred implementation while it developed internal guidance.
What this means for foreign nationals
USCIS is soon expected to provide further information on how the NTA policy will be implemented. It is anticipated that a foreign national whose I-485 or I-539 application is denied and who has no underlying valid immigration status would receive a notice to depart the United States. Those who do not depart timely could be issued a Notice to Appear before an immigration judge, who would determine whether the foreign national should be removed from the United States or is entitled to legal relief that permits him or her to remain.
Fragomen is closely monitoring implementation of the NTA policy and will provide further updates as new information becomes available.
This alert is for informational purposes only. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
Explore more at Fragomen
Work authorization
Senior Associate Tracey Kimberly explores the recent increase in RFEs for EB‑5 I‑526E petitions, highlighting heightened USCIS scrutiny of source-of-funds documentation—particularly in cases involving loan-based investments and property sale proceeds.
Work authorization
Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.
Work authorization
Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.
Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.
Fragomen news
Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."
Work authorization
Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.
Media mentions
Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.
Awards
Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.
Work authorization
Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.
Work authorization
Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.
Video
Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.
Awards
Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.
Work authorization
Senior Associate Tracey Kimberly explores the recent increase in RFEs for EB‑5 I‑526E petitions, highlighting heightened USCIS scrutiny of source-of-funds documentation—particularly in cases involving loan-based investments and property sale proceeds.
Work authorization
Director Audrey Morew examines how Nordic immigration systems, while increasingly digital and efficient, can embed compliance risk earlier in the process—placing greater responsibility on employers to ensure data accuracy, internal controls and long‑term compliance from the outset.
Work authorization
Partner Rick Lamanna outlines Canada’s entry requirements for the FIFA World Cup 2026, highlighting visa and eTA processes, border expectations and special measures for participants to help travelers prepare for seamless entry during the tournament.
Media mentions
Partners Aaron Blumberg and Daniel Pierce discuss how a US pause on processing certain work permit applications including OPT creates uncertainty for international students and employers while early court rulings offer limited case-specific relief.
Fragomen news
Senior Counsel Jo Antoons, Senior Immigration Managers Manuela Birsan and Andreia Ghimis, Senior Manager Wout Van Doren, Associate Pauline Chomel and Immigration Supervisor Elisabeth Kamm contributed to the European Migration Network (EMN) Belgium report "Labour Migration in Times of Labour Shortages in Belgium."
Work authorization
Manager Pierangelo D'Errico explores how Italy’s Investor Visa is emerging as a strategic alternative to diminishing EU golden visa programmes, offering high‑net‑worth individuals flexible residence rights, deferred investment timing, Schengen access and a structured—though not accelerated—pathway to long‑term EU residence.
Media mentions
Partner Rick Lamanna discusses Canada’s expanded citizenship by descent rules extending eligibility to potentially millions of people worldwide with only distant ancestral ties.
Awards
Fragomen is recognised in Ibec’s Top 100 Companies Leading in Wellbeing Index 2026, highlighting its commitment to employee wellbeing and a supportive workplace culture.
Work authorization
Senior Manager Alexander Hood and Senior Associate Lara Hannaway outline how the UK Global Talent visa is increasingly being used by internationally mobile individuals as a flexible UK residence option, examining who the route is designed for, the endorsement process and the sectors currently covered, including the new design route launching in July 2026.
Work authorization
Senior Manager Samantha Arnold examines the closure of Ireland’s Immigrant Investor Programme and outlines the limited remaining options for high net worth individuals seeking Irish residence through approved investment and charitable donation routes.
Video
Partner Melissa Vasquez-Myers highlights key updates from the May 2026 Visa Bulletin, including a pause in employment-based advancement, continued movement in family-based categories and a warning of potential retrogression later this fiscal year.
Awards
Partners Parisa Karaahmet, Raquel Liberman and Julia Onslow-Cole and Practice Leader Olga Nechita are recognised in Citywealth’s Top 30 Immigration Advisors 2026 for their leadership in advising high-net-worth individuals and families on global mobility and cross-border planning.