Matter of Ho Revisited: Protecting Adjustment Applicants in Removal Proceedings When Visa Numbers Are Unavailable
By Cyrus Mehta and Damira Zhanatova* The October 2026 Visa Bulletin created an unusual opening for some EB-4 applicants, including Special Immigrant Juveniles (SIJs), whose dates for filing have advanced to January 1, 2025. As a result, these individuals may be eligible to file F
Openbound perspective
A narrow filing opening, with bigger questions for careers
Cyrus D. Mehta & Partners says the October 2026 Visa Bulletin may have created filing room for some EB-4 applicants, including SIJs, while leaving the practical career tradeoffs unresolved.
Cyrus D. Mehta & Partners reports that the October 2026 Visa Bulletin may have opened a filing path for some EB-4 applicants, including Special Immigrant Juveniles, whose filing dates moved to January 1, 2025. The limited preview does not establish who can rely on that timing, or how it plays out in removal proceedings. [1]
Openbound’s read is narrower: this looks like a timing question for people whose work and residence plans depend on immigration movement, not a general signal to change jobs or make travel decisions without more context. [1]
- Use the reported filing opening as a prompt to ask whether your current career plan depends on staying flexible for a longer period.
- If removal proceedings are part of the picture, ask how that status changes the value of filing now versus waiting.
- Do not treat the preview as a complete roadmap; it does not show the full scope of the reported opening or its limits.
What the preview actually reports
The publisher says the October 2026 Visa Bulletin may have created an unusual opening for some EB-4 applicants, including SIJs, because filing dates advanced to January 1, 2025. That is the only concrete change described in the preview.
The reporting is about a potential filing opportunity, not a final answer about any individual case. The preview also points to a removal-proceedings angle, but it does not explain which applicants are affected or what that means in practice.
Career planning under immigration uncertainty
For international students and visa-dependent professionals, a filing window can affect how confidently someone plans a move, asks for a promotion, or considers a new employer. The tradeoff is between acting on a brief opening and preserving options if the case remains unsettled.
Openbound’s interpretation is that the most useful next step is to separate what the preview reports from what your own timeline requires. A filing opportunity may help long-term planning, but it may also introduce more moving parts if another immigration issue is already pending.
Questions worth asking before you move
Because the preview is short, it cannot establish whether the opening applies broadly or only in specific circumstances. That limitation matters for anyone deciding whether to change jobs, delay a move, or stay put.
Questions to raise include whether this timing changes your employment strategy, whether it affects your comfort with mobility, and how a pending case interacts with any other immigration step. The preview suggests a path forward; it does not answer the personal risk questions that matter most.