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Wilner and O'Reilly – Immigration Lawyers Wilner and O'Reilly – Immigration Lawyers
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      • KELLY S. O’REILLY
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Wilner and O'Reilly – Immigration Lawyers Wilner and O'Reilly – Immigration Lawyers
  • HOME
  • ABOUT
    • OUR FIRM
      • ABOUT
      • W&O LEGAL TEAM
      • SUCCESS STORIES
    • SHAREHOLDERS
      • KELLY S. O’REILLY
      • RICHARD M. WILNER
    • MANAGING ATTORNEYS
      • ANGIE AYALA
      • SULLY T. BRYAN
      • DANNY CHRISNEY
      • JOSHUA J. DESPAIN
      • DEREK J. POULSEN
      • CHIEN-YU (MICHAEL) WANG
    • DEPARTMENT CHAIRS
      • NANCY VO
      • TAMARA REYES
    • ASSOCIATE ATTORNEYS
      • CRYSTAL CORTEZ
      • SCOTT ROJO
      • MAZA WILNER
      • CHANTELL J. ABOU-HAMDAN
      • MICHAEL JURADO
      • ESTHER KIM
      • FRANCISCO RODRIGUES
      • JENNIFER LOVE SPROCK
  • SERVICES
    • EMPLOYERS / ENTREPRENEURS
      • NONIMMIGRANT VISAS
      • IMMIGRANT VISAS
      • INVESTORS
    • CITIZENSHIP / FAMILY
      • MARRIAGE-BASED GREEN CARDS
      • FAMILY-BASED
      • FIANCEE VISAS
    • DEPORTATION / ASYLUM
      • ASYLUM / WITHHOLDING
      • CANCELLATION OF REMOVAL
      • PROSECUTORIAL DISCRETION
      • WAIVERS
    • USCIS ADJUSTMENT OF STATUS
    • I-864 LAWSUIT DEFENSE
  • INDUSTRIES
    • REAL ESTATE DEVELOPMENT
    • MANUFACTURING & DISTRIBUTION
    • LOGISTICS, TRANSPORTATION & WAREHOUSING
    • HOSPITALITY, RESTAURANTS & TOURISM
    • ATHLETES & ENTERTAINERS
    • AI, SOFTWARE & TECHNOLOGY
    • BIOTECH & PHARMACEUTICAL
    • FINANCIAL SERVICES & FINTECH
    • HOSPITALS & HEALTHCARE
    • IT SERVICES & SYSTEMS
    • RETAIL & APPAREL
    • UNIVERSITIES & RESEARCH INSTITUTIONS
  • BLOG
  • LOCATIONS
    • PHOENIX, AZ
    • FRESNO, CA
    • COSTA MESA, CA
    • RIVERSIDE, CA
    • SACRAMENTO, CA
    • SAN DIEGO, CA
    • SAN FRANCISCO, CA
    • BOISE, ID
    • SALT LAKE CITY, UT
  • CAREERS
  • CONTACT
Oct 22
Salary planning documents and employment case folders on a desk illustrating proposed H-1B and PERM wage changes

How Could Proposed Prevailing Wage Changes Affect H-1B and PERM Cases in 2027?

Information checked October 21, 2026. Immigration rules and court orders can change. This article provides general information, not advice about an individual case.Proposed prevailing wage changes could raise the cost of future H-1B and PERM sponsorship, but a proposal is not an immediate across-the-board pay increase. Employers planning renewals, new... read more →
  • October 22, 2026
  • Employment-Based Immigration, Immigration Policy & News
Oct 21
Calendar and renewal paperwork on a work desk illustrating employment authorization renewal planning

Work Permit Renewal in 2026: Can You Keep Working While Your EAD Application Is Pending?

Legal update: October 19, 2026. This article provides general information, not advice about an individual case. Rules, agency practices, and court decisions can change. Filing a work permit renewal does not necessarily let you keep working after the current authorization expires. The answer depends on your eligibility category, when USCIS... read more →
  • October 21, 2026
  • Employment-Based Immigration, Immigration Policy & News
Oct 21
Court calendar and case folder illustrating immigration court continuances while a U visa petition is pending

Can Immigration Court Be Paused While Your U Visa Petition Is Pending?

Legal update: October 19, 2026. This article provides general information, not advice about an individual case. Rules, agency practices, and court decisions can change. A pending U visa petition does not automatically pause removal proceedings. In Matter of L. Ramirez, 30 I&N Dec. 157 (BIA 2026), decided October 16, 2026,... read more →
  • October 21, 2026
  • Asylum & Humanitarian Relief, Deportation & Removal Defense
Oct 21
Evidence folders and a declaration on a legal desk illustrating motions to reopen immigration cases

BIA Decision on Motions to Reopen: Why Supporting Evidence Matters

Legal update: October 19, 2026. This article provides general information, not advice about an individual case. Rules, agency practices, and court decisions can change. A signed declaration does not guarantee that an immigration court will accept its account as true. In Matter of J-E-D-C-, 30 I&N Dec. 162 (BIA 2026),... read more →
  • October 21, 2026
  • Deportation & Removal Defense, Immigration Policy & News
Oct 19
H-1B $100,000 payment court ruling and employer planning featured graphic

The $100,000 H-1B Payment Rule: Litigation Updates and Employer Planning

The September 30, 2026 order in Global Nurse Force v. Trump blocks federal agencies from enforcing the policies implementing the $100,000 H-1B payment while the required rulemaking procedures remain unmet. Employers should treat this as an important litigation development and check the latest court orders and agency instructions before filing... read more →
  • October 19, 2026
  • Employment-Based Immigration, Immigration Policy & News
Oct 16
Divorce and Form I-864 sponsorship obligations, with wedding rings and legal paperwork

Does Divorce End an I-864 Sponsor’s Financial Obligation?

No. Divorce does not automatically terminate the financial obligations created by Form I-864, Affidavit of Support. The sponsor’s immigration support contract can continue after the marriage ends, even when the former spouses no longer live together.Derek Poulsen, a managing lawyer at Wilner & O’Reilly, identifies this as an issue that... read more →
  • October 16, 2026
  • Family-Based Immigration, Immigration Law
Oct 15
Empty immigration interview office with the headline ICE at Your Green Card Interview? and guidance to prepare with counsel.

Can ICE Detain Me at a USCIS Adjustment of Status Interview?

Yes. ICE can arrest and detain a person at a USCIS adjustment of status interview when the government asserts a legal basis for immigration enforcement. A scheduled interview, a pending Form I-485, or marriage to a U.S. citizen does not guarantee protection from arrest. Whether an arrest or continued detention... read more →
  • October 15, 2026
  • Deportation & Removal Defense, Green Cards & Adjustment of Status, ICE
Oct 15
TPS termination, work authorization and immigration status featured graphic

TPS Termination: What Happens to Your Work Authorization and Immigration Status?

When DHS terminates a country’s Temporary Protected Status designation, there is no single deadline that applies to every TPS holder. The effective date, work authorization rules, and effect of court orders must be checked for the specific country and, sometimes, the particular designation or document.Wilner & O’Reilly managing lawyer J.J.... read more →
  • October 15, 2026
  • Asylum & Humanitarian Relief, TPS
Oct 14
EB-2 India visa cap and pending cases, with an immigration paperwork and calendar illustration

EB-2 India Visa Cap Exhaustion: What Happens to Pending Cases?

Exhaustion of the EB-2 India annual visa allocation does not, by itself, mean your pending case has been denied or canceled. It limits the government’s ability to issue immigrant visas or approve adjustment of status when no visa number is available. A petition, an application, and an available immigrant visa... read more →
  • October 14, 2026
  • Employment-Based Immigration, Green Cards & Adjustment of Status
Oct 14
Courthouse columns and legal documents illustrate the BIA safe-country asylum decision in Matter of B-S-A-N-.

BIA Announces Safe-Country Asylum Framework in Matter of B-S-A-N-

Legal update: October 14, 2026 In Matter of B-S-A-N-, 30 I&N Dec. 145 (BIA 2026), the Board of Immigration Appeals announced a new framework affecting asylum claims from nationals of certain developed democratic countries. The decision calls for early denial of certain claims and establishes a separate presumption against discretionary... read more →
  • October 14, 2026
  • Asylum & Humanitarian Relief, Deportation & Removal Defense, Immigration Policy & News
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Categories

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Recent Posts

  • How Could Proposed Prevailing Wage Changes Affect H-1B and PERM Cases in 2027?
  • Work Permit Renewal in 2026: Can You Keep Working While Your EAD Application Is Pending?
  • Can Immigration Court Be Paused While Your U Visa Petition Is Pending?
  • BIA Decision on Motions to Reopen: Why Supporting Evidence Matters
  • The $100,000 H-1B Payment Rule: Litigation Updates and Employer Planning
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