DHS Moves Forward with Proposal to Eliminate 60-Day Grace Period for Certain Nonimmigrant Workers

What’s Happening?

The Department of Homeland Security (“DHS”) is moving forward with a proposed regulation, titled “Eliminating the Discretionary 60-day Grace Period”which would eliminate the discretionary 60-day grace period currently available to certain employment-based nonimmigrant workers following the end of their employment. 

On August 27, 2026, the proposed rule cleared an initial administrative hurdle (review by the White House Office of Information and Regulatory Affairs (“OIRA”)), a prerequisite before publication in the Federal Register.

Importantly, there is no change to the 60-day grace period at this time. DHS must first publish the proposed rule in the Federal Register, after which the public will have an opportunity to comment. DHS would then need to consider those comments and issue a final rule before any regulatory change could take effect. Since the proposed rule has not yet been published, its exact provisions and any transition rules are not yet known.

Read More

DHS Advances Proposed H-1B Program Reforms for OMB Review

What’s Happening

The Department of Homeland Security (DHS) has submitted a proposed regulation titled Reforming the H-1B Nonimmigrant Visa Classification Program to the Office of Management and Budget (OMB) for review. The proposal could reshape several areas of H-1B eligibility and compliance, but it does not change current law or filing requirements at this stage.

The full proposal has not yet been released. Until DHS publishes the proposed rule in the Federal Register, its precise scope, definitions, and operational impact will remain unknown.

Read More

Federal Court Vacates 75-Country Immigrant Visa Issuance Pause

What’s Happening

On August 21, 2026, the U.S. District Court for the Southern District of New York issued its decision in Catholic Legal Immigration Network, Inc. v. Rubio, vacating the Department of State’s suspension of immigrant visa issuance for nationals of 75 countries. The court also set aside immigrant visa refusals based solely on the suspension, requiring those applications to be returned to consular officers for further adjudication.

Read More

Department of State September 2026 Visa Bulletin Summary

The Department of State has released the September 2026 Visa Bulletin. D&S provides a monthly summary of the employment-based priority dates. In September 2026, USCIS will accept employment-based adjustment of status applications based on the Final Action Dates for Employment-Based Preference Cases chart.

Employment-Based Application Final Action Dates
Employment-Based All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
1st C 01JUL23 15OCT22 C C
2nd C 01SEP21 U C C
3rd 01SEP24 01JAN22 01JAN14 01SEP24 01AUG23
Other Workers 01APR22 01MAY19 01JAN14 01APR22 01DEC21
4th 15DEC22 15DEC22 15DEC22 15DEC22 15DEC22
Certain Religious Workers 15DEC22 15DEC22 15DEC22 15DEC22 15DEC22
5th Unreserved
(including C5, T5, I5, R5, NU, RU)		 C 01DEC16 U C C
5th Set Aside:
Rural (20%, including NR, RR)		 C C C C C
5th Set Aside:
High Unemployment (10%, including NH, RH)		 C C C C C
5th Set Aside:
Infrastructure (2%, including RI)		 C C C C C
Employment-Based Application Filing Dates
Employment-Based All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
1st C 01DEC23 01DEC23 C C
2nd C 01JAN22 15JAN15 C C
3rd C 08JAN22 15JAN15 C 01JAN24
Other Workers 01AUG22 01OCT19 15JAN15 01AUG22 01AUG22
4th 01JAN23 01JAN23 01JAN23 01JAN23 01JAN23
Certain Religious Workers 01JAN23 01JAN23 01JAN23 01JAN23 01JAN23
5th Unreserved
(including C5, T5, I5, R5)		 C 01MAR17 01MAY24 C C
5th Set Aside:
(Rural: NR, RR - 20%)		 C C C C C
5th Set Aside:
(High Unemployment: NH, RH - 10%)		 C C C C C
5th Set Aside:
(Infrastructure: RI - 2%)		 C C C C C
Family-Based Application Final Action Dates
Family-Sponsored All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
F1 22JAN20 22JAN20 22JAN20 01JAN08 01MAY13
F2A 22AUG26 22AUG26 22AUG26 22AUG25 22AUG26
F2B 22AUG19 22AUG19 22AUG19 15FEB09 01JUN13
F3 22OCT14 22OCT14 22OCT14 01JUL01 22FEB06
F4 22OCT11 22OCT11 01NOV06 08APR01 22AUG07
Family-Based Application Filing Dates
Family-Sponsored All Chargeability Areas Except Those Listed China-mainland born India Mexico Philippines
F1 01FEB20 01FEB20 01FEB20 01DEC08 22APR15
F2A C C C C C
F2B 01SEP19 01SEP19 01SEP19 15MAY10 01OCT13
F3 01NOV14 01NOV14 01NOV14 15JUL01 08AUG06
F4 01NOV11 01NOV11 15DEC06 30APR01 22MAR08

To be eligible to file an adjustment of status application in September 2026, foreign nationals must have a priority date that is earlier than the applicable date listed on the Final Action Dates chart.

The EB-1 Final Action Dates will remain unchanged. The Final Action Date for India will remain October 15, 2022, and the Final Action Date for China will remain July 1, 2023. All other countries will remain current.

The EB-2 Final Action Date for India will remain unavailable, meaning that no immigrant visas are authorized for issuance in this category for nationals of India. The Final Action Date for China will remain September 1, 2021. All other countries will remain current.

The EB-3 Professional/Skilled Worker Final Action Dates will also remain unchanged. The Final Action Date for India will remain January 1, 2014, and the Final Action Date for China will remain January 1, 2022. The Final Action Date for the Philippines will remain August 1, 2023. The Final Action Date for all other countries, including Mexico, will remain September 1, 2024.

The EB-4 Final Action Date for all countries will advance by two months, from October 15, 2022, to December 15, 2022. The Certain Religious Workers category will likewise advance to December 15, 2022, for all countries.

With respect to the EB-5 Unreserved categories, India will remain unavailable and China will remain at December 1, 2016. All other countries will remain current. The EB-5 set-aside categories (Rural, High Unemployment, and Infrastructure) will also remain current for all countries.

Fiscal Year-End Visa Availability

The Department of State warns that high demand and visa number use may cause EB-1 India to become unavailable before the fiscal year ends on September 30, 2026. The Department of State also cautions that the EB-2 and EB-5 Unreserved categories may retrogress or become unavailable before the end of September if the applicable annual limits are reached.

More broadly, the Department of State notes that additional demand could require further retrogression or cause other categories to become unavailable before the end of the fiscal year. We will continue to monitor visa availability and provide updates regarding any changes.

DHS Proposes $103,265 Fee for H-1B Cap Petitions

What’s Happening

On August 25, 2026, the Department of Homeland Security (“DHS”) is scheduled to publish a proposed rule that would impose a new $103,265 fee on all cap-subject H-1B petitions. The fee would apply to petitions filed under both the regular H-1B cap and the advanced-degree exemption and would be charged in addition to all other required filing fees.

It is important to note that the proposal is not yet final and will not take effect upon publication. DHS must first accept and review public comments and publish a final rule with an implementation date.

Read More

D&S Regulatory Updates Digest: Recent Developments for Employers

The Department of Homeland Security (DHS) and the Department of Labor (DOL) recently announced several immigration-related regulatory developments affecting electronic filing, H-1B and L-1 filing fees, and the PERM labor certification program. 

Below is a digest of these updates and their potential implications for employers, with links to the full posts for more information.

USCIS Establishes Framework for Mandatory Electronic Filing of Immigration Forms

DHS has established a framework that will allow USCIS to require electronic filing of certain immigration benefit requests in the future. No forms are subject to mandatory electronic filing yet, and USCIS must provide at least 60 days’ advance notice before implementing a requirement for an eligible form.

DHS Expands 9/11 Biometric Fee to H-1B and L-1 Extension Petitions

Beginning September 9, 2026, employers already subject to the 9-11 Response and Biometric Entry-Exit Fee must pay the additional $4,000 H-1B fee or $4,500 L-1 fee when requesting an extension of status, including a routine extension with the same employer. The fee applies to employers with at least 50 U.S. employees and more than 50 percent of the U.S. workforce holding H-1B or L-1 status. The rule does not expand which employers are covered, but it will significantly increase extension filing costs for employers that meet the existing statutory criteria.

DOL Plans Major Modernization of PERM Labor Certification Program

DOL has announced plans to modernize the PERM labor certification program, potentially affecting recruitment requirements, applicant review, layoff analyses, recordkeeping, and employer compliance obligations. No proposed regulatory language has been published and no changes are currently in effect, so employers will continue processing PERM cases under the existing regulations while monitoring the rulemaking.

D&S will continue to monitor these developments and provide further guidance as additional information becomes available.

USCIS Establishes Framework for Mandatory Electronic Filing of Immigration Forms

What’s Happening

On August 11, 2026, the Department of Homeland Security (“DHS”) published an interim final rule authorizing U.S. Citizenship and Immigration Services (“USCIS”) to require electronic filing of certain immigration benefit requests. The rule is effective August 11, 2026.

Importantly, the rule does not immediately require electronic filing of any particular USCIS form. Instead, it establishes the process USCIS may use to mandate electronic filing in the future. According to USCIS, a form must have:

  1. Been available for electronic filing for at least 180 days before USCIS may make e-filing mandatory, and 

  2. USCIS must provide the public with at least 60 days’ advance notice on its website before the requirement takes effect.

Read More

DHS Expands 9/11 Biometric Fee to H-1B and L-1 Extension Petitions

What’s Happening?

On August 10, 2026, the Department of Homeland Security (“DHS”) published a final rule expanding the circumstances in which certain employers must pay the 9-11 Response and Biometric Entry-Exit Fee when filing H-1B and L-1 petitions.

Effective September 9, 2026, covered employers will be required to pay the additional $4,000 fee for H-1B petitions and $4,500 fee for L-1 petitions when requesting an extension of status, including routine extensions with the same employer. Previously, the fee applied to petitions involving an initial grant of H-1B or L-1 status or a change of employer.

The rule does not expand which employers are subject to the fee. Rather, it expands the types of H-1B and L-1 filings for which employers already subject to the fee must pay it.

Read More

DOL Plans Major Modernization of PERM Labor Certification Program

What’s Happening

The U.S. Department of Labor (“DOL”) has announced plans to significantly modernize the permanent labor certification (“PERM”) program, potentially setting the stage for the most substantial changes to the employer-sponsored green card process in more than two decades.

As part of its Spring 2026 Unified Agenda, DOL added a proposed rule titled “Modernizing the Labor Market Test and Improving Protections for U.S. Workers in the PERM Immigrant Visa Program.” The rulemaking, identified as RIN 1205-AC29, is currently at the proposed rule stage. DOL initially targeted July 2026 for publication of a Notice of Proposed Rulemaking (“NPRM”), but no proposed regulatory text has yet been published.

Importantly, there are no changes to the PERM process at this time. The Unified Agenda reflects DOL’s intention to pursue rulemaking, but it does not itself create new requirements. Employers should continue to initiate and process PERM cases under the existing regulations.

Read More

DHS Advances Proposal to Eliminate 60-Day Grace Period for Certain Nonimmigrant Workers

On August 6, 2026, DHS submitted a proposed rule titled “Eliminating the Discretionary 60-day Grace Period” to the White House Office of Information and Regulatory Affairs (“OIRA”) for regulatory review. The proposal could have significant consequences for foreign national employees who are laid off, resign, or otherwise end employment before their authorized period of stay expires, as well as for employers seeking to hire foreign nationals following the end of employment with another company.

Importantly, nothing has changed yet. The existing 60-day grace period remains available under current regulations.

Read More

USCIS Expands Authority to Deny Cases Without Requests for Evidence and Tightens Evidentiary Standards

U.S. Citizenship and Immigration Services (“USCIS”) announced a Policy Alert PA-2026-05, Evidence, Requests for Evidence, and Notices of Intent to Deny, which makes significant changes to the way USCIS evaluates evidence and handles potentially deficient immigration filings.

Most significantly, USCIS has restored adjudicators’ discretion to deny an immigration petition or application without first issuing a Request for Evidence (“RFE”) or Notice of Intent to Deny (“NOID”) where required initial evidence is missing or the filing otherwise fails to establish eligibility. The policy took effect immediately and applies broadly to benefit requests that were pending on August 5, 2026, as well as requests filed on or after that date.

Read More

Update: First Circuit Denies Request to Stay Order Vacating $100,000 H-1B Fee

On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied the federal government’s request to stay a district court order vacating the policy that implemented the $100,000 H-1B payment requirement.

The $100,000 payment requirement should no longer apply while the appeal is pending.

Because the First Circuit declined to keep the district court’s order on hold, USCIS should no longer assess the additional $100,000 payment under the vacated policy unless a later court order changes the current status.

Read More

New Public Charge Rule Takes Effect September 18, 2026: What Green Card Applicants Need to Know

What's Happening

On July 20, 2026, the Department of Homeland Security (DHS) published a final rule that rescinds the 2022 public charge regulations. The “public charge” rule is the test the government uses to decide whether someone applying for a green card or admission to the United States is likely to depend on government support in the future. If the government decides someone is likely to become a public charge, it can deny the green card or entry.

The new rule, which takes effect on September 18, 2026, removes the clear definitions and protections adopted in 2022 and gives immigration officers much broader discretion. Importantly, the new rule also greatly expands the list of government benefits that can count against an applicant. Under the 2022 rule, only cash assistance and long-term institutional care mattered. Under the new rule, officers can consider any “means-tested” benefit, meaning any government program with an income limit, including Medicaid, SNAP (food stamps), CHIP, and housing assistance. A chart comparing the new and former public charge rules can be found here.

Read More

DHS Finalizes Rule Ending “Duration of Status” for F-1 Students and J-1 Exchange Visitors

What’s Happening

As recently discussed in our client alert, the Department of Homeland Security (DHS) has now finalized a rule replacing “duration of status,” or “D/S,” admissions for F-1 students and J-1 exchange visitors with fixed periods of admission.

F-1 and J-1 nonimmigrants will generally be admitted through the lesser of their program end date on their Form I-20 or Form DS-2019, or four years. In addition, following the effective date of the rule, F-1 students' post completion departure period or “grace period” will be reduced from 60 days to 30 days. Where applicable, the admission period may also include post-completion practical training. Individuals who need additional time will generally need to file an extension of stay with U.S. Citizenship and Immigration Services (USCIS) or depart the United States and seek readmission.

Read More

New USCIS Signature Rule & Adverse Consequences of Noncompliance

What’s Happening

Effective July 10, 2026, U.S. Citizenship and Immigration Services (“USCIS”) implemented a new interim final rule and corresponding policy guidance addressing signature requirements for immigration benefit requests.

Although USCIS has long required valid signatures on applications, petitions, and other filings, the new rule significantly increases the consequences of a signature deficiency. USCIS may now reject or deny a filing if it determines that the filing was not properly signed, including after USCIS has already accepted the filing, processed the filing fee, and issued a receipt notice.

Read More

U.S. Supreme Court Strikes Down Executive Order Limiting Birthright Citizenship

What’s Happening

On June 30, 2026, the U.S. Supreme Court issued its decision in Trump v. Barbara, holding that the Fourteenth Amendment guarantees U.S. citizenship to children born in the United States regardless of whether their parents are present in the United States temporarily (including in nonimmigrant status) or without lawful immigration status. 

In this 6-3 decision, the Court struck down President Trump's January 20, 2025 Executive Order 14160, reaffirming more than 125 years of Supreme Court precedent recognizing birthright citizenship under the Citizenship Clause of the Fourteenth Amendment.

Read More

Supreme Court Decision Increases Travel Risks for Certain Green Card Holders

What’s Happening

On June 23, 2026, the Supreme Court issued a decision in Blanche v. Lau that will have a significant impact on certain lawful permanent residents (“green card holders” or “LPRs”) with prior criminal histories coming back into the U.S. after traveling abroad.

The old rule

Before the Supreme Court’s decision, green card holders returning from a short trip abroad were generally treated as “returning residents” (e.g., people already living in the U.S.) rather than as “applicants for admission” (e.g., new applicants trying to enter). This distinction mattered significantly, because:

  • Returning residents are generally admitted without much scrutiny from CBP, and if any issue arose later, the government had to proceed under the more favorable rules that apply to people already living here (the rules governing deportability).

  • Applicants for admission, by contrast, are treated as if arriving at the border for the first time, and are held to a stricter set of rules governing who may enter (the rules governing admissibility).

Even under the old framework, CBP could treat a returning green card holder as an applicant for admission in certain situations including where officers already had “clear and convincing evidence” that the person had committed certain serious crimes, most commonly a Crime Involving Moral Turpitude or “CIMT” (a crime seen as dishonest or immoral, such as fraud) or a drug-related offense. The existence of a pending criminal case alone did not necessarily mean that an LPR would be treated as an applicant for admission. Rather, CBP needed clear and convincing evidence that the individual had committed a qualifying offense at the time of reentry. 

The new rule

The Supreme Court held that CBP officers are not required to possess “clear and convincing evidence” of relevant criminal activity at the time of a green card holder’s reentry before treating that individual as an applicant for admission rather than a returning resident. Instead, the government may present its full evidence later, during separate immigration court proceedings before an immigration judge, rather than needing it upfront at the airport or border crossing.

Read More

Proposed Rule Eliminating F-1 and J-1 "Duration of Status" Admission Nears Final Publication

What’s Happening

On June 17, 2026, the White House office that reviews new regulations before they take effect completed its review of the Department of Homeland Security’s (DHS) final rule entitled "Establishing a Fixed Time Period of Admission and an Extension of Stay Procedure for Nonimmigrant Academic Students, Exchange Visitors, and Representatives of Foreign Information Media", but only after requiring some changes to the original draft. 

The completion of this review represents a significant milestone in the rulemaking process and indicates that public release of the final rule may be imminent. However, the final regulatory text has not yet been released to the public.

The proposed rule, initially published in August 2025, seeks to change how long international students (F-1), exchange visitors (J-1), and foreign media representatives (I) are allowed to stay in the U.S. Right now, many of these visa holders are admitted through “duration of status” meaning that they get to stay for as long as they remain enrolled in school or maintain their program status, with no fixed end date. This rule would instead give them a specific, fixed expiration date on their stay, after which they would need to formally apply for an extension if they want to remain longer.

Read More

Legal Update: $100,000 H-1B Fee Remains in Effect For Now Pending Appeal

What's Happening

Since our June 8 Alert and June 15 Update, the litigation surrounding the $100,000 H-1B fee has continued to quickly evolve.

As we previously discussed, the U.S. District Court for the District of Massachusetts temporarily stayed its June 8 order vacating the fee requirement and gave the government until June 18, 2026 to seek further relief from the U.S. Court of Appeals for the First Circuit.

On June 18, 2026, the government timely filed an emergency request asking the First Circuit Court of Appeals to pause the lower court’s ruling while the appeal moves forward. As a result, the temporary pause stays in place while the appeals court reviews the request, meaning that the $100,000 H-1B fee remains in effect for now while the First Circuit considers whether the pause should be extended while the appeals process plays out.

Read More