Lawsuit Filed Challenging SEVP's Recent CPT Restrictions
On October 5, 2026, a lawsuit was filed challenging the new CPT restrictions issued by SEVP in August, 2026.
8 October 2026
On October 5, 2026, a lawsuit was filed in the U.S. District Court, District of Massachusetts, challenging the new Curricular Practical Training (CPT) restrictions issued by SEVP in August, 2026. Plaintiffs include NAFSA, the Presidents' Alliance, the Association of American Universities (AAU), and the Association of Independent Colleges and Universities in Massachusetts (AICUM).
The new restrictions were issued through two memos sent to sponsoring school DSO's, with no formal rulemaking process. Through the underlying regulations are unchanged, the memos issued severe reinterpretations of how an internship is defined as "integral" to the curriculum, and requiring a signed agreement between the employer and the company. In response to the memos, many schools have paused or restricted when and how they might approve CPT for international students.
From NAFSA's press release, outlining the legal challenges being made:
The change was announced abruptly, without a substantive explanation, period for public comment, or acknowledgment that it departed from the federal government’s previous longstanding interpretation of CPT.
The communications sent directly to campus university designated school officials (DSOs) threatened them with severe institutional penalties and potential personal liability for practices that the government had previously long permitted.
The broadcast messages needlessly disrupt the plans and expectations of students, schools, and others in the community, who responsibly planned their affairs around the government’s longstanding position that these practical-training opportunities will remain permitted.
You can read more about the CPT restrictions here.
Proposed F-1 OPT Fee Rule
The proposed OPT Fee rule will be published in the Federal Register on 8 October 2026. It will likely face legal challenges.
7 October 2026
The OPT Fee Rule is available for review at
https://public-inspection.federalregister.gov/2026-20660.pdf
Summary
The OPT Fee Rule will be published in the Federal Register, likely on October 8, 2026. The rule allows for a 30 day comment period. Comments may be submitted at
Reference Docket No ICEB-2026-0100
Purpose and Content of the Rule
DHS states the new fees are needed to combat fraud and protect U.S. workers. It says the fees will reduce administrative burdens relating to OPT fraud investigations. “A DSO may not enter the OPT recommendation in SEVIS if the OPT fee has not yet been paid. “ (page 37)
The rule would impose a $70,000 fee on initial OPT applications, whether pre-completion or post-completion, and a $30,000 fee for any subsequent OPT applications. The fees would be applied prospectively, only for students who apply for OPT after the effective date of the rule.
The fee would have to be paid by the school to SEVP before the OPT recommendation is made in SEVIS, and before the F-1 student applies for OPT by filing the I-765 with USCIS.
The fee would apply to all schools, and all students who would be approved for OPT by the DSO, and would be applying for OPT to USCIS. The fee is not tied to any one employer, but to the OPT recommendation itself.
Refunds would be possible if the student does not receive the OPT work card.
Schools may source the fee any way they see fit, including charging the student and or any employer. The rule cautions that the school must comply with all relevant laws: “including reporting foreign gifts and contracts under 20 U.S.C. 1011f” (page 31)
Reference is made to the possible application of the initial $70,000 fee again for a higher degree level (page 38)
DHS refers to the decision-making process regarding when a DSO would decide to recommend OPT. “Additionally, DSOs are not required to recommend F-1 nonimmigrants for OPT and can elect not to pay the fee for a particular F-1 nonimmigrant who is not a strong candidate for OPT or whose participation in OPT could adversely affect the integrity of the program.” (Page 42). Their inference is that by only recommending those students who are “high achieving”, it will ensure that only eligible students are approved for OPT. They do not seem to reference the OPT eligibility criteria under the current regulations. On what grounds would a DSO be able to refuse to approve OPT for a student who had a 3.0, rather than a 4.0? This may likely lead schools to make a determination that they will make a consistent internal policy regarding when they can approve OPT or not, as well as how or if to collect the fee from the student or employer.
Regarding revenue estimates - high and low versions, seem radically unrealistic. “The annual fees collected would range from $8.4 billion to $16.5 billion, with a primary estimate of $12.4 billion;” (page 53) see table 3. Between 194,554 OPT students and 88,374 students = 16.5 billion to 8.4 billion – averages to 12.4 billion. They are assuming the number of OPT applications will remain largely stable. This is a similar rationale used for the proposed H-1B fee revenue.
They also include a thinly veiled threat to future CPT regulations: ““Separately, DHS acknowledges that OPT is not the only practical training program with the potential for significant fraud and national security issues. Fraud and national security threats in CPT have also been historically prevalent and have increased along with the number of students engaging in CPT. DHS will continue to monitor these concerning trends within the CPT program and will take additional actions as necessary” (page 36)
The amount of time they estimate it will take schools and DSOs to implement the required processes is 55 hours (page 55). An additional 1 hour would be need for additional OPT review for each application, and for internal payment approvals and processing.
More information will be coming out, and we anticipate litigation against this rule. Once it is published, please COMMENT. (Docket No, ICEB-2026-0100)
Judge in Global Nurse Force v. Trump Denies Dismissal, Issues New Injunction Against $100,000 H-1B Fee
The courts have again overturned the two $100,000 fees set by Presidential Proclamation.
1 October 2026
The judge in the court case (Global Nurse Force v Trump) challenging the September 2025 $100,000 H-1B fee has issued another injunction against that fee (or more appropriately, "tax"), as well as the one issued in September 2026. While the motion to dismiss was denied, the injunction was approved. The court order is here.
The next case management hearing is scheduled for October 27, 2026.
Presidential Proclamation Issued Renewing the $100,000 H-1B fee on New Petitions (Consular Processing)
President Trump has again imposed (on a Friday night), by Proclamation, a $100,000 fee on new H1B petitions filed for consular processed cases. This, despite the fact the fee under the original proclamation in September 2025 was overturned by the courts in June.
19 September 2026
President Trump has again imposed (on a Friday night), by Proclamation, a $100,000 fee on new H1B petitions filed for consular processed cases. This, despite the fact the fee under the original proclamation in September 2025 was overturned by the courts in June. The government appealed, and on July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the government’s appeal, so the 2025 $100,000 is not in effect while the case proceeds. The renewed proclamation goes into effect on 9/21/2026, at 12:01 am Eastern time.
Exceptions by industry are mentioned as possible, but not explicitly noted.
Renewed proclamation:
There is also a “fact” sheet regarding the renewal of the proclamation: here: https://www.whitehouse.gov/fact-sheets/2026/09/fact-sheet-president-donald-j-trump-further-enhances-program-integrity-and-interagency-coordination-in-the-h-1b-visa-program/
A proposed regulation regarding a new H1B fee of $103,265 is still pending. You can find the rule here:
https://www.govinfo.gov/content/pkg/FR-2026-08-25/pdf/2026-17324.pdf
Note the comment period for this pending rule is open through 9/24/2026. Search for DHS Docket No. USCIS–2026–0298, through the Federal eRulemaking Portal:
We will share more information as it becomes available.
USCIS: New Editions of Forms I-539 and I-765 are not to be used
Due to the injunction against the D/S rule, USCIS has reverted to the previous versions of Forms 539 and 765. Applicants should continue to use the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765.
16 September 2026
Due to the injunction against the D/S rule, USCIS has reverted to the previous versions of Forms 539 and 765. Applicants should continue to use the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765.
14 August 2026
On September 15, 2026, USCIS will publish revised editions of Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization). USCIS has revised these applications to align with the new “Loss of D/S” rule. These forms will go into effect on September 15, 2026, and will carry an edition date of 09/15/26. The 09/15/26 edition of Form I-539 will replace the 08/28/24 edition of Form I-539, and the 09/15/26 edition of Form I-765 will replace the 08/21/25 edition of Form I-765.
Taking care with timing and edition dates is very important with this change as USCIS will not accept the older version of these forms (i.e., the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765) on or after September 15.
Additionally, USCIS will not accept the new editions of the forms early (i.e., before September 15th). There is no transition period - essentially up through September 14th the old versions are required, and then from September 15th and on, the new versions are required.
Visit the Form I-539 and Form I-765 webpages to preview the 09/15/26 editions (see the “Special Instructions” section).
Lawsuit Filed Against the D/S Rule - Injunction ordered 9/14/2026
The litigation filed in the Massachusetts District court was successful in getting a preliminary injunction against the D/S rule. This means the rule will not go into effect, while the court case continues. The next hearing is scheduled for October 2, 2026.
UPDATE 15 September 2026
A group of U.S. Senators have filed a joint resolution opposing the pending D/S rule. U.S. Senator Alex Padilla (D-Calif.), Ranking Member of the Senate Judiciary Immigration Subcommittee, U.S. Senate Democratic Whip Dick Durbin (D-Ill.), Ranking Member of the Senate Judiciary Committee, and U.S. Senators Richard Blumenthal (D-Conn.) and Sheldon Whitehouse (D-R.I.), members of the Senate Judiciary Committee, introduced a Congressional Review Act (CRA) joint resolution of disapproval to block a regulation. You can read the article here.
UPDATE: 14 September 2026
The litigation filed in the Massachusetts District court was successful in getting a preliminary injunction against the D/S rule. This means the rule will not go into effect, while the court case continues. The next hearing is scheduled for October 2, 2026.
UPDATE: 3 September 2026
A court hearing was held on September 3rd to hear arguments about the request by the plaintiffs for a preliminary injunction against the rule. While no orders have yet been issued, the judge seemed to question the government’s claims about the need for this regulatory change. We will keep you updated as to when the court responds.
18 August 2026
A lawsuit was filed on 18 August 2026 in the U.S. District Court for the District of Massachusetts challenging the legality of the new “Loss of D/S” rule by NAFSA; Association of International Educators, the Presidents’ Alliance on Higher Education and Immigration, and multiple other organizations. The suit is requesting a preliminary injunction to halt the implementation of the rule which is set to take effect on September 15, 2026.
The filing challenges the rule under the Administrative Procedure Act, arguing that the Department of Homeland Security (DHS) failed to properly consider and respond to many public comments on the rule, did not adequately assess the cost and benefits of the rule, failed to consider less burdensome alternatives, and did not adequately justify the rule based on its stated objectives. It also alleges that DHS failed to provide an adequate public comment period and exceeded its statutory authority.
You can read the full complaint on the Presidents’ Alliance website here.
You can read the memorandum in support of the request for a preliminary injunction here.
Read our summary of the Loss of D/S rule here and our FAQ here.
New Rule Proposed to Eliminate Grace Period for H-1B
On Friday, September 11, DHS published a proposed rule in the Federal Register that seeks to eliminate the 60-day grace period currently available if employment is terminated early for those in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN nonimmigrant status and their dependents.
11 September 2026
On Friday, September 11, DHS published a proposed rule in the Federal Register that seeks to eliminate the 60-day grace period currently available if employment is terminated early for those in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN nonimmigrant status and their dependents. With such an elimination, nonimmigrant workers and their families would be left with little time to adjust and make plans due to unexpected job loss.
Read the proposed rule here in the Federal Register. Comments can be submitted through the eRulemaking Portal using Docket No. USCIS-2026-0364. The comment period is 60 days with submissions accepted on or before midnight eastern time on November 10, 2026.
Proposed Rule Pending Review Regarding Optional Practical Training Fees
On August 20, U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), submitted a proposed rule titled "Optional Practical Training Fees" to the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) for review.
27 August 2026
On August 20, U.S. Immigration and Customs Enforcement (ICE), a component of the Department of Homeland Security (DHS), submitted a proposed rule titled "Optional Practical Training Fees" to the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA) for review. The rule is currently pending review. It is important to emphasize that nothing has changed yet. This remains a proposed rule under internal government review. It has not been published, no comment period has opened, and no fee has taken effect. Current OPT policies and fees remain in place.
The substance of the proposal is not yet known as the contents of proposed rules remain confidential while under OIRA review and will not be public until the rule is published in the Federal Register.
Recent media reports have suggested that DHS may be considering a fee as high as $100,000 on OPT applications, though DHS has not confirmed any specific figure and has stated that no policy should be considered final until formally announced.
If and when the proposed rule clears OIRA review, it will be published in the Federal Register, opening a public comment period expected to run between 30 to 60 days. DHS would then be required to review all comments received before publishing a final rule with a specific implementation date, a process that typically takes several months at minimum. Any resulting fee would likely face legal challenges.
We will share updates as more information becomes available.
New H-1B Fee Rule Proposed for Cap-Subject Petitions
On Tuesday, August 25, DHS published a proposed rule in the Federal Register that seeks to establish a fee of $103,265, imposed on top of all current fees, for new, initial H-1B cap-subject petitions.
25 August 2026
On Tuesday, August 25, DHS published a proposed rule in the Federal Register that seeks to establish a fee of $103,265, imposed on top of all current fees, for new, initial H-1B cap-subject petitions. All cap-subject petitions, regardless of size or non-profit status of the employer, would be subject to the new fee; cap-exempt petitions - including those filed by colleges and universities, would NOT be subject to the new fee. The fee does not appear to apply to extensions or changes of employer if cap-exempt or already counted against the cap. DHS claims that the fee is needed to cover the costs of administering the U.S. immigration system, across multiple agencies.
Read the proposed rule here. Comments can be submitted through the eRulemaking Portal using Docket No. USCIS-2026-0298. Comment period is 30 days only and must be submitted on or before midnight eastern time on September 24. Guidance and instructions for submitting comments are available here.
75-Country Immigrant Visa Ban Ruled Unlawful
On Friday, August 21, 2026 the Trump administration’s policy suspending immigrant visa processing - essentially, no green cards (or path to green cards) - for individuals from 75 countries, originally enacted early in 2026, was struck down.
24 August 2026
On Friday, August 21, 2026 the Trump administration’s policy suspending immigrant visa processing - essentially, no green cards (or path to green cards) - for individuals from 75 countries, originally enacted early in 2026, was struck down. While the State Department claimed the policy was necessary due to public assistance concerns, District Judge Jeannette Vargas found the policy to be in violation of the Immigration and Nationality Act of 1952, which prohibits discrimination on the basis of nationality in the issuance of immigrant visas. The court vacated and set aside any visa denial based solely on this policy, as well as ordered the State Department to restore lawful, case-by-case evaluation of immigrant visa applications. Read the decision here.
NOTE: This ruling relates only to the 75-country immigrant visa processing pause policy; at this time, the travel ban (and related non-processing of visas) policies remain in effect, though litigation is ongoing.
USCIS Announces New Editions of Forms I-539 and I-765
On September 15, 2026, USCIS will publish revised editions of Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization). USCIS has revised these applications to align with the new “Loss of D/S” rule.
14 August 2026
On September 15, 2026, USCIS will publish revised editions of Form I-539 (Application to Extend/Change Nonimmigrant Status) and Form I-765 (Application for Employment Authorization). USCIS has revised these applications to align with the new “Loss of D/S” rule. These forms will go into effect on September 15, 2026, and will carry an edition date of 09/15/26. The 09/15/26 edition of Form I-539 will replace the 08/28/24 edition of Form I-539, and the 09/15/26 edition of Form I-765 will replace the 08/21/25 edition of Form I-765.
Taking care with timing and edition dates is very important with this change as USCIS will not accept the older version of these forms (i.e., the 08/28/24 edition of Form I-539 and the 08/21/25 edition of Form I-765) on or after September 15.
Additionally, USCIS will not accept the new editions of the forms early (i.e., before September 15th). There is no transition period - essentially up through September 14th the old versions are required, and then from September 15th and on, the new versions are required.
Visit the Form I-539 and Form I-765 webpages to preview the 09/15/26 editions (see the “Special Instructions” section).
USCIS Publishes Interim Final Rule on Mandatory Electronic Filing
The Department of Homeland Security published an interim final rule, effective August 11, 2026, which gives U.S. Citizenship and Immigration Services (USCIS) the authority to require electronic filing (“e-filing”) for certain immigration forms.
11 August 2026
The Department of Homeland Security published an interim final rule, effective August 11, 2026, which gives U.S. Citizenship and Immigration Services (USCIS) the authority to require electronic filing (“e-filing”) for certain immigration forms. Importantly, this rule does not immediately require any forms to be filed electronically. Instead, it gives USCIS the authority to require e-filing in the future, provided certain conditions are met.
In order to require e-filing for a particular form:
The form must have been available for e-filing for at least 180 days.
USCIS must publish notice on its website providing 60 days' advance notice before the e-filing requirement takes effect for that form.
The rule also establishes a waiver process for applicants who cannot comply with the mandatory e-filing requirement due to undue hardship. Individuals must submit Form I-936, Request for Waiver of E-Filing Requirement, along with supporting documentation and a $25 filing fee, before submitting a paper filing. If USCIS grants the waiver, the waiver approval is valid for 30 days from its date of issue. Accounting for mailing time, USCIS must receive the paper filing by mail within 33 calendar days of the waiver approval notice being issued.
Guidance Issued on Fixed Admission Period for J-1 Exchange Visitors
The U.S. State Department's Bureau of Educational and Cultural Affairs (ECA) issued guidance on the implementation of the new regulation eliminating Duration of Status (D/S), which takes effect on September 15, 2026.
10 August 2025
The U.S. State Department's Bureau of Educational and Cultural Affairs (ECA) issued guidance on the implementation of the new regulation eliminating Duration of Status (D/S), which takes effect on September 15, 2026. The guidance instructs J-1 sponsors on how to complete Form DS-2019 and maintain SEVIS records under the new fixed admission period framework.
Some key points set forth in the guidance:
Sponsors may continue to issue Form DS-2019 for the full authorized program duration allowed under an exchange visitor's category (e.g., up to five years for Research Scholars), even though the Department of Homeland Security (DHS) may, in its discretion, admit the exchange visitor for a shorter initial period, up to four years, plus 30 days for departure.
If the Program End Date listed on Form DS-2019 does not reflect the date the exchange visitor is expected to complete their program in full, the sponsor must enter an Expected Completion Date in the Subject/Field Remarks (Field 4) of the SEVIS record, formatted as "Expected Completion Date: MM/DD/YYYY." Sponsors should enter an Expected Completion Date only when the Program End Date does not already reflect the visitor's full anticipated program period.
For exchange visitors currently in the U.S. under D/S, whether they may remain under D/S or must instead apply for an Extension of Stay if a sponsor updates their Program End Date, depends on timing:
If the sponsor timely added an Expected Completion Date to the SEVIS record before September 15, 2026, the sponsor may extend the Program End Date without requiring an Extension of Stay application to be filed with U.S. Citizenship and Immigration Services (USCIS), up to that Expected Completion Date, and the exchange visitor may remain under D/S through that date.
If the sponsor did not timely add an Expected Completion Date to the SEVIS record, or if the updated Program End Date exceeds the Expected Completion Date on file, the exchange visitor must apply for an Extension of Stay with USCIS to cover the extended period, or depart the United States and apply for readmission at a U.S. port of entry.
For shortened and terminated programs:
if a program is shortened for a neutral reason, the exchange visitor must depart by their admitted until date (AUD) or within 30 days of the new DS-2019 Program End Date, whichever is earlier;
if a program is terminated for a negative reason before the AUD, the exchange visitor must depart immediately; if termination occurs on or after the AUD, the existing AUD departure deadline continues to apply.
You can find the guidance document here.
Court denies the government’s motion to stay the decision reached in June to overturn the H-1B $100,000 Fee
The Court of Appeals for the First Circuit has denied the government’s motion to stay the earlier decision to pause the $100,000 H-1B petition fee. The fee may no longer be charged to any filed H-1B petitions.
24 July 2026
The Court of Appeals for the First Circuit has denied the government’s motion to stay the earlier decision to pause the $100,000 H-1B petition fee. The fee may no longer be charged to any filed H-1B petitions.
You can find the court order here.
Loss of D/S Rule
The pending “Loss of D/S Rule” has been finalized, and has been published in the Federal Register today - July 17, 2026. This means the effective date of the rule will be September 15, 2026.
17 July 2026
The pending “Loss of D/S Rule” has been finalized, and has been published in the Federal Register today - July 17, 2026. This means the effective date of the rule will be September 15, 2026. After an initial scan, It is largely similar to the proposed rule, keeping most of the main provisions, including:
Setting a date-certain end date for all new F and J admissions
Requiring F and J’s to apply for extensions through the filing of an I-539 form with USCIS, including an updated extended I-20 form or DS-2019 form from the DSO or ARO. Alternatively, extensions can be processed through CBP, requiring travel and re-entry with an updated I-20 or DS-2019 form
Requiring those applying for OPT or STEM OPT to also file for an extension with USCIS
Allowing F and J’s currently in the U.S. an admission until their current I-20 or DS-2019 end date, up to a maximum of four years in the future
F-1s currently in the US and filing for OPT within 6 months of the effective date of the rule will not need to file a USCIS extension application
Restricting undergraduates from transferring out in the first year of study
Restrict graduate students from making any changes to their academic programs, and from transferring schools.
Prohibiting a move to a new degree at the same or lower level after completion of one degree
Limiting ESL students to a 24 month program
Find the pdf of the rule here .
Lots to unpack! We will be taking a deeper dive into the content of rule, and will provide a more detailed update soon. Remember - the rule is not in effect immediately. There is a 60-day grace period, with an effective date of September 15, 2026. The rule is subject to the Congressional Review Act (CRA), however, so there is a chance the effective date might be pushed back, if Congress has issues with the rule.
We may expect legal challenges to the rule as well.
Sign up for our Newsletter, and regulatory updates here.
Loss of D/S Rule Approved for Final Publication
The proposed rule to eliminate the D/S immigration status notation for F-1 and J-1 category nonimmigrants has been approved by the Office of Management and Budget (OMB), and so will be published as final in the Federal Register within a few days.
18 June 2026
The proposed rule to eliminate the D/S immigration status notation for F-1 and J-1 category nonimmigrants has been approved by the Office of Management and Budget (OMB), and so will be published as final in the Federal Register within a few days. We expect the effective date of the rule to be 60 days after the publication date.
We won’t know if any changes have been made to the content until we see the final published version.
Find the proposed rule here
Access an FAQ for students and scholars based on the proposed rule here.
We’ll have further updates once the rule is published.
Previous posting: 14 November 2025
Final publication date for the D/S rule is still unknown, but given that DHS stated in its Notice of Proposed Rule Making (NPRM) that the final rule will be published at least 60 days prior to its effective date and given the academic calendar (many students graduating in the spring) - we might expect the final D/S elimination rule in Spring 2026.
Presuming the rule content finalized as it is as proposed, those immediately impacted include the following.
Post-docs on J-1 visas. If they are issued the DS-2019 for a 1- or 2-year increment because of funding limitations, they will have to apply for an extension to USCIS each year.
Any 1st year PhD student. PhD programs can routinely exceed four years – the maximum duration allowed under the proposed rule. Many PhD candidates might need to file for extensions in order to complete their degree.
Many engaged in graduate medical education. Foreign-born doctors participating in graduate medical education in the US must, will need to apply for extensions if their residency program exceeds four years.
Any Bachelors, Master’s, or PhD student pre-graduation who wants to apply for OPT. Given that DHS stated in its NPRM that the final rule will be published at least 60 days prior to its effective date and given the academic calendar (many students graduating in the spring) - we might expect the final D/S elimination rule to be published in spring 2026.
Note - you can also look the NPRM published by DHS (just search for "transition period ") to find the details from the agency (especially starting on p. 42084 and in new section 214.1(m) of proposed regulatory text)
District Court Decision Overturns the USCIS Adjudications Pause
The U.S District Court of Rhode Island has issued a court order overturning the USCIS adjudication pause for citizens of 39 countries. This is a very encouraging sign that pending applications for these population will now continue to be processed by USCIS.
5 June 2026
The U.S District Court of Rhode Island has issued a court order overturning the USCIS adjudication pause for citizens of 39 countries. This is a very encouraging sign that pending applications for these population will now continue to be processed by USCIS. While the government may file an appeal to this decision, the language of the order is quite affirmative. From page 3 of the order:
“In ruling on these motions, the Court is reminded of a line often repeated in
discussions around immigration policy: If people wish to immigrate to the United
States, they ought to “follow the law” and “do things the right way.” This case serves
as a perfect example of immigrants doing just that. Plaintiffs and their members
have observed the legal processes that Congress enacted by statute and USCIS
promulgated by regulation so that they may one day obtain immigration benefits.
They have, for example, filed the appropriate paperwork, paid the required filing fees,
submitted to the requested biometrics collections, and attended the necessary in-
person interviews. Even so, Plaintiffs and their members are stuck waiting, for
months on end, for benefit requests that USCIS refuses to adjudicate. But the rule of
law has to apply to everyone equally and, as evident here, USCIS has neither
“followed the law” nor “done things the right way.” Indeed, the agency has
violated the very immigration laws that Congress has charged it with
administering, as well as the administrative laws that govern the agency’s actions.“
Read the full court order here.
USCIS Proposed Changes to Form AR-11 - Reporting Address Change Form
USCIS is proposing major revisions to Form AR-11, the change of address form that most noncitizens, including international students and scholars on F-1 and J-1 are required to file with USCIS within 10 days of changing address.
31 May 2026
USCIS is proposing major revisions to Form AR-11, the change of address form that most noncitizens, including international students and scholars on F-1 and J-1 are required to file with USCIS within 10 days of changing address.
What's new in the proposal:
→ Disclosure of any means-tested public benefits received
→ Employment information, including employer name and address
→ School enrollment information, including institution name and address
USCIS has stated directly that this information will be used to "enforce the immigration laws of the United States, including the public charge ground of deportation" and to identify noncitizens potentially receiving public benefits in violation of federal restrictions.
What to know right now:
✔ This is a proposal, not yet in effect
✔ Public comments on the proposal are being accepted until July 6th
✔ OMB approval is still required before any new form takes effect
✔ Immigration advocates are expected to push back on the burden this imposes
View the proposed changes on the Immigration Policy Tracking Project's website: https://lnkd.in/epTgzkA6
Submit comments here: www.federalregister.gov/documents/2026/05/07/2026-09107/.... Comments will be accepted until July 6, 2026.
USCIS Updated Policy Guidance on I-485 Adjustment of Status Applications
U.S. Citizenship and Immigration Services (USCIS) Issued a policy memo restricting the approvals of I-485 applications for U.S. permanent resident status. The I-485 application can be filed by a person currently inside the U.S. who is applying for a U.S. “green card”.
22 May 2026
U.S. Citizenship and Immigration Services (USCIS) Issued a policy memo restricting the approvals of I-485 applications for U.S. permanent resident status. The I-485 application can be filed by a person currently inside the U.S. who is applying for a U.S. “green card”. If approved, this application allows the person to receive the green card without leaving the U.S. This new policy instructs USCIS officers to review these applications very carefully, and reminds them that the adjustment application approval is an exercise of “extraordinary discretionary relief”. The implication is that most people applying for a green card may need to leave the U.S. and apply at the U.S. Consulate, instead of from within the U.S.
The guidance does remind officers that applying for a green card while holding a status with “dual intent”, such as an H-1B visa status, would not be a violation of that status.
You can read the policy here.
Ebola Disease-related restrictions on entry to the U.S.
Due to the Ebola outbreak, the Centers for Disease Control issued a statement regarding restrictions on entry to the U.S. for certain non U.S. citizens who had been present in South Sudan, the Democratic Republic of the Congo (DRC), or Uganda in the previous 21 days.
20 May 2026
Due to the Ebola outbreak, the Centers for Disease Control issued a statement regarding restrictions on entry to the U.S. for certain non U.S. citizens who had been present in South Sudan, the Democratic Republic of the Congo (DRC), or Uganda in the previous 21 days. The order is currently set to be in effect for 20 days. You can read the order here. In addition, on May 22, 2026, the U.S. State Department paused all immigrant and non-immigrant visa processing in Juba, South Sudan; Kinshasa, Democratic Republic of the Congo; and Kampala, Uganda. All currently scheduled appointments are cancelled. You can read the statement here.