The Department of Homeland Security has published a final rule replacing the long-standing “duration of status” (D/S) framework for F-1 academic students and J-1 exchange visitors with fixed periods of admission. Effective Sept. 15, 2026, the rule also establishes a new extension of stay process administered by USCIS for individuals who need additional time to
US Immigration
New TPS Placeholder Dates for Multiple Countries Set by Court Order
- Federal courts have temporarily blocked or postponed TPS terminations for, Burma (Myanmar), Ethiopia, Somalia, South Sudan, Syria and Yemen that were scheduled to end between November 2025 and May 2026.
- TPS beneficiaries from these countries retain legal status and work authorization, for now.
- Employers should review affected Form I-9s and complete Supplement B reverification,
USCIS, E-Verify Issue Updated TPS Guidance for Seven Countries Following SCOTUS Decision
- USCIS and E-Verify have issued updated employer guidance for TPS beneficiaries from Burma, Ethiopia, Haiti, Somalia, South Sudan, Syria and Yemen.
- For all seven countries, employers should use July 10, 2026, as the current date for Form I-9 and E-Verify purposes.
- Employers should not assume July 10 marks the automatic end of TPS-based employment
SCOTUS Preserves Birthright Citizenship, Providing Certainty for Employees and Their Families
In today’s landmark Trump v. Barbara decision, the U.S. Supreme Court held that children born in the United States are citizens at birth regardless of whether their parents are present in the country unlawfully or temporarily. The Court concluded that Executive Order 14160 violates the Citizenship Clause of the Fourteenth Amendment and therefore cannot be…
Proposed DHS Rule Could Change How International Students Maintain F-1, J-1 Visa Status
Takeaways
- DHS rule cleared by the White House and would replace the long-standing “duration of status” (D/S) framework with fixed admission periods.
- Extension filings and increased government oversight may create additional administrative burdens and uncertainty for visa holders.
- The proposal has not been finalized, and the current D/S system remains in effect.
A proposed Department…
SCOTUS Lifts TPS Termination Injunctions for Haiti, Syria; Employers Await DHS Guidance
- The U.S. Supreme Court reversed preliminary injunctions preventing DHS from implementing the termination of Temporary Protected Status (TPS) for Haiti and Syria.
- The Court held that the TPS statute bars judicial review of most nonconstitutional challenges to TPS designation and termination decisions.
- However, the decision itself does not terminate employment authorization or establish new
Federal Court Vacates $100,000 H-1B Fee
- A federal district court has struck down the $100,000 fee the Trump Administration imposed on certain H-1B petitions.
- The court ruling could allow affected beneficiaries of approved H-1B petitions obtain visas and travel to the U.S. without having to pay the exorbitant fee.
- The government is expected to consider appellate options, and employers should
Federal Court Vacates USCIS Adjudication Pause Affecting Nationals of 39 Countries
By John E. Exner, IV, Amy L. Peck & Otieno B. Ombok on
Posted in Asylum / Refugee, Compliance and Enforcement, E-1 / E-2, EADs, EB-1, EB-2, EB-3, H-1B, H-2A, H-2B, H-4, I-9 and E-Verify, Immigration Litigation, L-1A / L-1B, L-2, Other Non-immigrant Visas, Permanent Residence, Temporary (Non-immigrant) Work Visas, Travel Ban, Trump Administration, US Immigration, USCIS
- 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
Hikes in Prevailing Wage Levels for H-1B and PERM Cases? DOL Proposal Explained
The Department of Labor (DOL) has published a notice of proposed rulemaking (NPRM) to revise how prevailing wage levels are calculated for the H-1B, H-1B1, E-3, and PERM employment based non-immigrant and immigrant visa programs.
The March 27, 2026, proposal seeks to increase the four-tiered prevailing wage structure for these visa programs by aligning them…