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  • USCIS’s updated public charge guidance applies to Form I-485 applications postmarked or electronically submitted on or after Sept. 18, 2026.
  • USCIS will determine whether an applicant is likely to become a public charge through a prospective evaluation based on the totality of the circumstances.
  • A qualifying Form I-864, Affidavit of Support, alone does not
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On Sept. 11, 2026, the Department of Homeland Security (DHS) published a proposed rule that would eliminate the discretionary 60-day grace period currently available to many employment-based nonimmigrants following the termination of their employment.

If finalized, the rule would represent one of the most significant policy changes affecting H-1B, L-1, O-1, E, and TN workers…

  • A federal court’s injunction over the DHS fixed-period admission rule nationwide means the existing duration-of-status (D/S) framework for F-1 international students and J-1 exchange visitors will remain in place while litigation continues.
  • The injunction does not affect the separate Curricular Practical Training guidance issued by the Student and Exchange Visitor Program in August 2026,
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  • The State Department is pausing immigrant visa interview appointments while consular officers receive updated public-charge training. The agency has not publicly announced the duration or precise scope of this pause.
  • The pause follows an August 21 federal court decision vacating the State Department’s separate suspension of immigrant visa issuance to nationals of 75 countries.
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The Department of Homeland Security (DHS) is expected to publish a proposed rule on Aug. 25, 2026, in the Federal Register that would impose a new $103,265 fee on all cap subject H-1B visa petitions. This new proposal would be in addition to existing H-1B filing fees. Employers who rely on the H-1B program to…

On Sept. 18, 2026, USCIS will publish a revised edition of Form I-485, Application to Register Permanent Residence or Adjust Status, the form used to apply for a green card through adjustment of status. The revised form aligns with the recently announced Public Charge Ground of Inadmissibility Final Rule and will immediately replace the current…

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.

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.

U.S. Citizenship and Immigration Services (USCIS) on Aug. 5, 2026, issued Policy Alert PA-2026-05 updating and significantly shifting the USCIS Policy Manual provisions governing evidence, denials, and post-decision actions. The update clarifies that USCIS, in its discretion, may deny immigration benefit requests that lack required initial evidence or otherwise fail to establish eligibility without first…

On Aug. 5, 2026, the U.S. District Court for the District of Massachusetts denied plaintiffs’ request to stay USCIS’s implementation of the One Big Beautiful Bill Act’s (H.R. 1) limits on TPS-based employment authorization documents (EADs), while granting limited relief related to the new Annual Asylum Fee (AAF). Venezuelan Association of Massachusetts et al. v.