On Aug. 6, 2026, DHS submitted a proposed rule, “Eliminating the Discretionary 60-day Grace Period,” to the Office of Management and Budget (OMB) that seeks to eliminate the 60-day grace period available to H-1B workers and certain other employment-based visa holders following a job loss. The full regulatory text has not yet been released publicly.
L-1A / L-1B
DHS Expands Biometric Fee Requirement to Certain H-1B + L-1 Extensions Starting Sept. 2026
In a final rule released Aug. 10, 2026, the Department of Homeland Security (DHS) announced that employers with at least 50 U.S. employees, with more than half of whom holding H-1B, L-1A or L-1B status, must pay the Biometric Fee, $4,000 for an H-1B petition or $4,500 for an L-1 petition, for all extension-of-status petitions.
Major Visa Shift: U.S. Realigns Visa Services in Africa to Regional Hubs
The Department of State has announced a significant restructuring of visa operations across Africa, effective Aug. 1, 2026. Under this initiative, routine immigrant and nonimmigrant visa processing at certain U.S. embassies and consulates will be consolidated into designated regional visa processing hubs or centers. According to the Department of State, this realignment is intended to…
Federal Court Vacates USCIS Adjudication Pause Affecting Nationals of 39 Countries
- A federal district court has vacated USCIS policies that paused adjudication of immigration benefit requests filed by nationals of 39 countries.
- The court ruling could allow affected adjustment of status, employment authorization, naturalization, and certain asylum-related applications to proceed.
- The government is expected to consider appellate options, and employers should continue to monitor developments.
Adjustment of Status Under Scrutiny: USCIS Moves Toward Stricter Discretionary Review
- A new USCIS policy memorandum emphasizes that adjustment of status is a discretionary benefit and that consular processing abroad is the “ordinary” pathway to permanent residence.
- The memo does not eliminate employment-based adjustment of status or create a formal new rule requiring all applicants to consular process.
- Significant questions remain, including how USCIS will
A Quicker Option: U.S. Preclearance Now Available at Toronto’s Billy Bishop Airport
Effective March 10, 2026, Billy Bishop Toronto City Airport (YTZ) joined nine other Canadian airports in offering U.S. Customs and Border Protection (CBP) Preclearance. The preclearance allows travelers to complete their U.S. immigration, customs, and agriculture inspection before departure. This is great news for travelers wishing to return to the U.S. in a quicker and…
USCIS Widens Freeze on Immigration Benefits for Nationals of 19 Countries: Employers Should Expect Delays Across Multiple Categories
- USCIS has confirmed its Dec. 2 policy memo, which listed only a narrow set of applications, was not exhaustive and that it has
State Department Curtails ‘Third Country National’ Appointments for Visas
Employers with workers on employment-based visas, such as H-1B and L-1, could face workforce disruptions after the Department of State (DOS) announced that Non-Immigrant Visa (NIV) applicants should schedule visa interview appointments in their own country of nationality or residence, with limited exceptions, effective Sept. 6, 2025.
If an NIV applicant’s application is based on…
USCIS Announces Initial FY 2026 H-1B Cap Selection: What Employers Need to Do Next
Takeaways
- The initial drawing includes registrants under both the 65,000 regular cap and the 20,000 master’s cap.
- Employers and attorneys have been notified of selection results through their myUSCIS accounts.
- H-1B petitions must be filed between 04.01.25 and 06.30.25 to use the cap selection.
USCIS announced on Mar. 31, 2025, that it has completed the…
DOS Announces Dropbox Eligibility Reduced to 12 Months
After quietly updating consular websites, signaling a significant change to Visa Interview Waiver (“dropbox”) eligibility requirements, on Feb. 18, 2025, the Department of State (DOS) officially announced the reversion to pre-COVID eligibility standards, reducing the window for dropbox eligibility from 48 months to 12 months. This update follows reports of Visa Application Centers turning away…