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.
Green Cards + J-1 Scholar Programs
The Trump administration announced a suspension to the PERM labor certification process for seven technology companies, including Microsoft, as well as new investigations into nine universities related to their use of the J-1 scholar program.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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”.