IMMIGRATION UPDATE 9.1.26

IMMIGRATION UPDATE – Month in Review

September 1, 2026

HEADLINES

Visa Bulletin For September 2026 – The Department of State’s Visa Bulletin for September shows no movement in the employment-based categories.

Trump Administration Plans to Revoke Visas of B Visitors Who Applied for Asylum – According to reports, the Trump administration plans to begin revoking the nonimmigrant visas of up to 200,000 B-1 business visitors and B-2 tourists who entered with a visa issued between 2016 and 2026 and then applied for asylum.

DHS Proposes New $103,265 Fee on Cap-Subject H-1B Petitions – The Department of Homeland Security has issued a proposed rule to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced-degree exemption.

DHS Proposal to Eliminate 60-Day Nonimmigrant Grace Period Clears Federal Review – The Office of Management and Budget has cleared a Department of Homeland Security proposed rule that would eliminate the discretionary, maximum 60-day grace period provided to certain nonimmigrants whose employment ceases.

Trump Administration Plans to Eliminate Work Permits for H-4 Spouses – The Trump administration plans to issue a rule to eliminate employment authorization eligibility for spouses of H-1B workers.

Worldwide Immigrant Visa Pause Expected to Last Until August 31, 2026 – The Trump administration has paused immigrant visa processing at U.S. Embassies and Consulates worldwide until August 31 while consular officers receive training on public charge guidance. The pause does not impact I-485 adjustment of status processing within the U.S.

DHS Considers Elimination of 60-Day Grace Period Following Termination of Sponsored Employment – If the proposed rule is finalized as anticipated, employees who are terminated early from their positions and their family members may need to leave the United States immediately and (if they wish) apply for new status from abroad at a U.S. embassy or consular post. The text of the rule is not yet available.

Overruling Precedent, BIA Now Says Leaving United States Temporarily Under Advance Parole Constitutes ‘Departure’ – The Board of Immigration Appeals has ruled that the term “departure” under the Immigration and Nationality Act does not include an exception for persons who leave the United States temporarily with a grant of advance parole.

DHS Issues Interim Rule on Mandatory Electronic Filing – The interim final rule will allow U.S. Citizenship and Immigration Services to require mandatory electronic filing of certain benefit requests.

E-Verify Status Change Report Expands – The E-Verify Status Change Report has expanded in scope. Previously, the report only identified parolee (category C11) Employment Authorization Documents (EADs) that were invalidated. It now identifies employees with asylum or Temporary Protected Status-related EADs that have been invalidated.

DOS Establishes New Birth Tourism Prevention Task Force – The Department of State has established a Birth Tourism Prevention Task Force to “[review] the activities of visa holders worldwide to identify instances of birth tourism, take action to revoke visas of those who engage in or facilitate it, and dismantle the networks that profit from this abuse.”

DOS Issues Guidance on Fixed Period of Admission for Sponsors of J Nonimmigrant Exchange Visitors – Pursuant to a final rule establishing a fixed period of admission, effective September 15, 2026, for exchange visitors, international students, and others, the Department of State issued guidance for J exchange visitor sponsors.

DOS Issues Final Rule on Permanent Visa Bond Program for B-1/B-2 Visitors – Under the program, an applicant for a visa as a temporary visitor for business or pleasure (B-1/B-2) may be required to submit a visa bond “to ensure that the alien maintains his or her nonimmigrant status and departs as required. Consular officers may require covered nonimmigrant visa applicants to post a bond of up to $20,000 as a condition of visa issuance, as determined by the consular officers.”

USCIS Clarifies That Immigration Benefit Requests May Be Denied Without RFEs – Applications for immigration benefits can be denied without first issuing a Request for Evidence or a Notice of Intent to Deny if “all required initial evidence” has not been submitted with the application.

President Trump Signs New Executive Orders Limiting Birthright Citizenship – President Trump signed two new executive orders on August 6, 2026, to limit birthright citizenship for those he deems not to “fall within the rule of birthright citizenship announced by the Supreme Court.

Trump Administration Considers $100,000 Fee for International Students to Work in United States – The Trump administration is considering charging a $100,000 fee for international students wanting to work in the United States after graduation, likely via the Optional Training Program.

DHS Detentions Increase at Airports – A growing number of foreign nationals have been detained by the Department of Homeland Security at U.S. airports while traveling between states, even if they had pending applications and were in a period of authorized stay, including spouses of U.S. citizens, tech workers, and others.

DHS Announces Rule Change, Effective Immediately, to Allow USCIS to Refer Asylum Applications to Immigration Judges Without Interviewing the Applicant – DHS said the rule will shorten the total time that it takes asylum officers and Immigration Judges to adjudicate asylum applications and thus reduce the asylum backlog.

First Circuit Denies Stay in $100,000 H-1B Fee Case – The $100,000 H-1B application fee remains vacated pending a decision on the merits in the underlying appeal.

DHS Is Assessing Daily Fines for Failure to Leave the United States After Removal Order – The Trump administration has begun issuing letters assessing fines of $998 per day for an individual’s failure to leave the United States after receiving an order of removal, regardless of whether the person is pursuing an alternate form of immigration relief or has a work permit or other permission to remain in the United States.

DOS Announces ‘B’ Visa Expedited Appointment Pilot Program, Starting With Mission Mexico – The Department of State is testing a voluntary, optional nonimmigrant visa expedited appointment program for B visas at select U.S. embassies and consulates through December 31, 2026, starting with Mission Mexico (embassy and all consulates).

DHS Finalizes Rule Eliminating Duration of Status for F, J, and I Nonimmigrants – The Department of Homeland Security released its long-anticipated final rule changing the admission period in the F, J, and I classifications from duration of status to admission for a fixed time period tied to the nonimmigrant’s program.

DETAILS

September Visa Bulletin Shows No Movement in Employment-Based Categories

The U.S. Department of State (DOS) has released the Visa Bulletin For September 2026 with minimal changes across the employment-based immigrant visa categories. USCIS has confirmed that employment-based adjustment of status applicants must use the Final Action Dates chart to determine filing eligibility for September.

Key Highlights

EB-1: No changes from August. The category remains current for all countries except China and India. DOS cautions that continued high demand and visa number usage could cause the EB-1 India category to become unavailable before the end of FY 2026.
EB-2: No movement this month. The category remains current for all countries except China and India. EB-2 India remains unavailable for the remainder of FY 2026. DOS also warns that increasing demand could lead to retrogression or unavailability in the category before the fiscal year ends.
EB-3: All cutoff dates remain unchanged across every chargeability area.
Other Workers: No changes in any country category.
EB-5: The Unreserved category remains current for all countries except China and India. EB-5 India Unreserved remains unavailable for the rest of FY 2026. All EB-5 Set-Aside categories (Rural, High Unemployment, and Infrastructure) remain current worldwide. DOS notes that increasing demand could result in retrogression or unavailability in the EB-5 Unreserved category before the close of the fiscal year.

The October 2026 Visa Bulletin will mark the beginning of the new fiscal year and include a fresh allocation of immigrant visa numbers. While this reset may provide additional visa availability, the impact on future cutoff dates remains uncertain. Employers and foreign nationals should continue to monitor developments closely as DOS works through sustained demand across several employment-based categories.

Trump Administration Plans to Revoke Visas of B Visitors Who Applied for Asylum

According to reports, the Trump administration plans to begin revoking the nonimmigrant visas of up to 200,000 B-1 business visitors and B-2 tourists who entered with a visa issued between 2016 and 2026 and then applied for asylum.

Tommy Pigott, a Department of State spokesperson, explained that the agency is coordinating with the Department of Homeland Security “to identify and revoke the nonimmigrant visas of foreigners who have come to the United States claiming to be short-term visitors, but then file for asylum to stay here permanently.” Mr. Pigott said the revocations would be done “on a rolling basis.”

DHS Proposes New $103,265 Fee on Cap-Subject H-1B Petitions

On August 24, 2026, the Department of Homeland Security (DHS) announced that it has issued a proposed rule to establish a $103,265 fee for all H-1B cap-subject petitions, including those eligible for the advanced-degree exemption. The proposed fee would be paid at the time of filing and would be imposed in addition to all other applicable fees or payments, DHS said. A federal judge blocked a similar fee on new H-1B visas last June.

Under the proposed rule, the additional fee would not apply to H-1B petitions that are not subject to the cap, such as petitions filed by certain nonprofit research organizations, governmental research organizations, and institutions of higher education. Similarly, the additional fee would not apply to H-1B petitions that are not subject to the lottery, such as H-1B transfers, extensions and amendments.

DHS estimates the proposed fee would generate approximately $8.8 billion annually, based on a projected annual volume of 85,000 H-1B cap-subject petitions. Commenters warned of potential far-reaching effects. Doug Rand, a senior official for U.S. Citizenship and Immigration Services under the Biden administration, said, “It’s much bigger in scope” than the previously proposed fee. “This regulation, if enacted, would have catastrophic effects on America’s global talent pipeline.”

Comments must be submitted by September 24, 2026.

DHS Proposal to Eliminate 60-Day Nonimmigrant Grace Period Clears Federal Review

The Office of Management and Budget has cleared a Department of Homeland Security proposed rule that would eliminate the discretionary, maximum 60-day grace period provided to certain nonimmigrants whose employment ceases. The next step for the proposal is publication in the Federal Register with a public comment period. The specific content of the rule will not be known until publication. The regulation will not take effect until public comments are considered and the rule is finalized, which typically takes several months.

If the discretionary 60-day grace period is eliminated, foreign nationals whose employment ceases prematurely (and their dependents) would no longer be maintaining status and would generally be required to depart the United States immediately, unless U.S. Citizenship and Immigration Services exercises its separate discretion to forgive the lapse in status and allow the foreign national to change status or change employers within the country.

Trump Administration Plans to Nix Work Permits for H-4 Spouses

The Trump administration plans to issue a rule to eliminate employment authorization eligibility for spouses of H-1B workers. A notice of the proposed rulemaking, was added to a long-term regulatory agenda for the Department of Homeland Security, although there is no target date for its release.

The planned rule is the latest in a barrage of Trump administration measures restricting H-1B employment, which includes a proposed a new $103,265 fee for new hires through the program and the proposal to eliminate a discretionary 60-day grace period for nonimmigrant workers to leave the United States or change status in the United States.

Worldwide Immigrant Visa Pause Expected to Last Until August 31, 2026

The Trump administration has paused immigrant visa processing worldwide while consular officers receive training on public charge guidance. The pause follows a federal court ruling that found the administration’s earlier 75-country immigrant visa suspension unlawful because it relied on nationality-based restrictions rather than individualized public charge determinations. The Trump administration said in a court filing that the new pause on immigrant visa interviews is a temporary rescheduling and will not go past August 31, 2026. The pause does not impact I-485 adjustment of status processing within the U.S.

DHS Considers Elimination of 60-Day Grace Period Following Termination of Sponsored Employment

The Department of Homeland Security (DHS) plans to propose a new rule that would eliminate the 60-day grace period currently available to noncitizen workers following termination of sponsored employment.

The 60-day grace period was added in 2017 and applies to H-1B, H-1B1, L-1, O-1, TN, E-1, E-2, and E-3 workers as well as their dependents. Currently, when an employer terminates a temporary worker in one of these categories before the end of the authorized period of stay, the worker may generally remain in valid status for up to 60 days. During this grace period, the individual may seek sponsorship with another employer, change to a new status, or arrange to leave the United States without concerns about being out of status. A grace period enables individuals to make other arrangements following an unexpected termination as well, including addressing a spouse’s employment or a child’s schooling.

If the rule is finalized as anticipated, employees who are terminated early from their positions and their family members may need to leave the United States immediately and (if they wish) apply for new status from abroad at a U.S. embassy or consular post. Where practical, employers may wish to consider providing advance notice of termination to give affected employees time to make arrangements or seek sponsorship from another employer. For H-1B employees, in certain circumstances involving employer-initiated termination, the employer must offer to pay the reasonable cost of the employee’s return transportation abroad.

The text of the proposed rule is not yet publicly available. The Office of Management and Budget is reviewing the rule before its expected publication in the Federal Register. The proposed rule is expected to be subject to a public notice-and-comment period before it becomes final.

Overruling Precedent, BIA Now Says Leaving United States Temporarily Under Advance Parole Constitutes ‘Departure’

Overruling Matter of Arrabally and Yerrabelly—a 2012 precedent decision holding that a person who leaves the United States temporarily with a grant of advance parole does not thereby make a “departure” under the Immigration and Nationality Act and thus does not trigger the 3- or 10-year bars to reentry into the United States—the Board of Immigration Appeals ruled on August 13, 2026, in Matter of Delcarmen-Lara that the term “departure” under the INA does not include an exception for such persons.

Jeff Joseph, President of the American Immigration Lawyers Association, commented “This ruling flip-flops on 14 years of well-settled law and policy. This decision punishes people for following the rules and jeopardizes people who have well-established lives in the U.S., including Dreamers protected by the Deferred Action for Childhood Arrivals (DACA) program, people with Temporary Protected Status (TPS), and the immediate family of U.S. citizens with pending applications for their green cards. The new decision puts people at risk of being barred from the United States and separated from family for years if they leave and then try to re-enter—even if they have paid for and been granted permission to travel. … With Arrabally now gone, those affected will not be able to leave the country to see their families, attend funerals, or for education or employment purposes.”

DHS Issues Interim Rule on Mandatory Electronic Filing

On August 10, 2026, the Department of Homeland Security announced an interim final rule, effective August 11, 2026, to allow U.S. Citizenship and Immigration Services (USCIS) to require mandatory electronic filing (e-filing) of certain benefit requests. The rule provides a framework for the process USCIS will follow to require a benefit request to be e-filed and how a waiver of the e-filing requirement for individuals unable to file electronically may be requested. USCIS said the rule “is intended to increase digital intake and processing to move USCIS and requestors from a mostly paper process to an electronic process.”

Comments must be received by October 13, 2026.

E-Verify Status Change Report Expands

On August 11, 2026, E-Verify announced that the E-Verify Status Change Report has expanded in scope. Previously, the report only identified parolee (category C11) Employment Authorization Documents (EADs) that were invalidated. It now identifies employees with asylum or Temporary Protected Status (TPS)-related EADs that have been invalidated.

In addition to the C11 category, the expanded report now includes the C08 (asylum applicant with a pending asylum application), C09 (adjustment of status applicant under INA Section 245), A12 (granted Temporary Protected Status [TPS]), and C19 (TPS applicant) categories. The new report also identifies EADs based on a pending Adjustment of Status (AOS) application that have been invalidated.

Immigration attorneys recommend that before taking any HR action, employers should:

Review the employee’s Form I-9 and identify the document(s) used to establish work authorization. If the employee relied on a document other than a flagged EAD, or holds a separate basis for authorization, the employee’s appearance on the report might not mean they are not work-authorized.
For A12 and C19 TPS EADs, confirm the current status of the relevant country’s termination before treating the document as invalid. Some countries’ TPS designations remain subject to litigation, and an invalidation flag may not resolve those questions on its own.
If reverification is warranted, use Form I-9, Supplement B, and give the employee a programmatically consistent opportunity to present alternative evidence of continuing work authorization.

For employers reverifying an employee’s work authorization on the Form I-9, E-Verify provided the following guidance:

E‑Verify employers with an employee whose EAD is included in the Status Change Report must reverify that employee’s Form I‑9 using Supplement B.
The employee must provide unexpired documentation from List A or List C on the Lists of Acceptable Documents. Do not reverify identity documents (List B). During this process, you must allow employees to choose which acceptable documentation to present for reverification.
Do not create a new E‑Verify case.

E-Verify also recently updated its related guidance for employers on invalidated EADs.

DOS Establishes New Birth Tourism Prevention Task Force

Pursuant to recent executive orders, the Department of State (DOS) announced on August 12, 2026, that it has established a Birth Tourism Prevention Task Force to “[review] the activities of visa holders worldwide to identify instances of birth tourism, take action to revoke visas of those who engage in or facilitate it, and dismantle the networks that profit from this abuse.”

DOS said the Task Force analyzes and connects information held across DOS, the Department of Homeland Security, and other federal agencies. Among other things, DOS said it is “addressing birth tourism on a global scale, examining travel histories of individuals from all around the world.” As part of this effort, DOS said, the Task Force has revoked more than 600 visas, noting that DOS “generally revokes visas when there are indications of a potential ineligibility.”

The executive orders include Continuing to Protect the Meaning and Value of American Citizenship and Ending Birth Tourism, both signed on August 6, 2026.

DOS Issues Guidance on Fixed Period of Admission for Sponsors of J Nonimmigrant Exchange Visitors

On August 10, 2026, pursuant to a final rule establishing a fixed period of admission for exchange visitors (J-1 nonimmigrants), international students (F-1 nonimmigrants), and others, the Department of State (DOS) issued guidance for J exchange visitor sponsors with respect to completion of Form DS-2019 and maintaining accurate Student and Exchange Visitor Information System records.

Among other things, Guidance Directive: 2026-01, Final Rule Establishing a Fixed Time Period of Admission for Exchange Visitors (J Nonimmigrants) states:

Effective September 15, 2026, all new and continuing exchange visitors who enter the United States or change to J status on or after that date will receive an Admit Until Date (AUD). The AUD marks the last day the exchange visitor is authorized to remain in the United States in J status; this period cannot exceed four years. Exchange visitors who need additional time beyond their AUD to complete program objectives must apply to [U.S. Citizenship and Immigration Services] for an extension of stay via the Form I-539 Application to Extend/Change Nonimmigrant Status or depart the United States and apply for admission at a U.S. port of entry with a valid Form DS-2019 and U.S. visa.

The guidance states that it must be followed for new exchange visitors and for those continuing their program on or after the effective date (September 15, 2026). For exchange visitors on a program authorized before September 15, 2026, the guidance advises sponsors to review the Program End Date in SEVIS to confirm that it reflects the date the exchange visitor is expected to complete the program. If the Program End Date does not reflect that date, sponsors must add an Expected Completion Date in Field 4, following the requirements set forth in the guidance.

DOS Issues Final Rule on Permanent Visa Bond Program for B-1/B-2 Visitors

The Department of State (DOS) has issued a final rule to make permanent the Visa Bond Pilot Program. Under the program, an applicant for a visa as a temporary visitor for business or pleasure (B-1/B-2) may be required to submit a visa bond “to ensure that the alien maintains his or her nonimmigrant status and departs as required. Consular officers may require covered nonimmigrant visa applicants to post a bond of up to $20,000 as a condition of visa issuance, as determined by the consular officers.”

DOS said that visa bonds may be required for certain visa applicants “who are nationals of countries with high overstay rates, deficient information sharing, insufficient identity verification and criminal records, and that need improvement in the area of screening and vetting and the security of travel and civil documents, including in the granting of citizenship.”

DOS said it will announce the covered countries via https://www.travel.state.gov “with 15 days from announcement to enactment for any countries added and with immediate effect for any countries removed from the list. Nationals of countries that are subject to a visa bond requirement under the Visa Bond Pilot Program will continue to be subject to a visa bond requirement pursuant to this rule on its effective date. The countries may be modified on a rolling basis, with removal effective immediately upon the removal date.”

The list of countries, which includes varying effective dates, was last updated May 13, 2026. That list includes 50 countries, including 30 African nations. DOS said the list “may be modified on a rolling basis.” It includes Algeria, Angola, Antigua and Barbuda, Bangladesh, Benin, Bhutan, Botswana, Burundi, Cabo Verde, Cambodia, the Central African Republic, Côte d’Ivoire, Cuba, Djibouti, Dominica, Ethiopia, Fiji, Gabon, The Gambia, Georgia, Grenada, Guinea, Guinea‑Bissau, the Kyrgyz Republic, Lesotho, Malawi, Mauritania, Mauritius, Mongolia, Mozambique, Namibia, Nepal, Nicaragua, Nigeria, Papua New Guinea, São Tomé and Príncipe, Senegal, Seychelles, Tajikistan, Tanzania, Togo, Tonga, Tunisia, Turkmenistan, Tuvalu, Uganda, Vanuatu, Venezuela, Zambia, and Zimbabwe.

USCIS Clarifies That Immigration Benefit Requests May Be Denied Without RFEs

On August 5, 2026, U.S. Citizenship and Immigration Services (USCIS) clarified that applications for immigration benefits can be denied without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny if “all required initial evidence” has not been submitted with the application.

USCIS noted that its form instructions “specify all required initial evidence for every benefit request, giving requestors all the information needed to comply.” The agency said that “prior policy allowed frivolous or substantially incomplete filings to slow USCIS processing for others waiting in line.” USCIS’s updated policy guidance states that it targets “nefarious filing practices such as frivolous and placeholder filings to secure ancillary benefits.”

The policy raises concerns, as it is not uncommon for USCIS to deem filings to be incomplete due to scanning errors upon receipt of the filing at USCIS, rather than due to a purposeful frivolous or skeletal filing.

President Trump Signs New Executive Orders Limiting Birthright Citizenship

Following defeat in the Supreme Court on constitutional grounds of a presidential order limiting birthright citizenship, President Trump signed two new executive orders on August 6, 2026, to limit birthright citizenship for those he deems not to “fall within the rule of birthright citizenship announced by the Supreme Court”:

Continuing to Protect the Meaning and Value of American Citizenship, which “identifies, non-exhaustively, and prescribes action concerning certain categories of children of aliens who do not fall within the rule of birthright citizenship as announced by the Supreme Court”; and
Ending Birth Tourism, which aims to “prevent the entry into the United States of, or the granting of any visa or other travel authorization to, any alien entering or attempting to enter the United States for the purpose of engaging in birth tourism; revoking the visa or travel authorization and permanently barring entry of any alien who enters or attempts to enter the United States for the purpose of engaging in birth tourism; denial of entry to, or removal of, any alien who previously engaged or plans to engage in birth tourism; or other appropriate action against entities, organizations, or individuals, within or outside of the United States, responsible for facilitating or enabling birth tourism in any manner.”

The first order identifies several categories of persons it asserts are not covered by birthright citizenship, including those with a parent who is an “alien enemy,” such as a member of a designated Foreign Terrorist Organization or a Specially Designated Global Terrorist; those with a parent who is a foreign government employee, including ambassadors, certain embassy or consular employees, officials of foreign governments, or employees of international organizations with immunity; those whose parent engaged in a commercial transaction or fraudulent activity to obtain or access birthright citizenship, including arrangements to ensure that the mother or a surrogate is present in the United States or a U.S. territory to give birth; and those born in a U.S. territory or territorial waters where citizenship is not conferred by federal statute.

In the second order, “birth tourism” is defined as “(a) the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil; or (b) any effort by any foreign national to facilitate the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil.” The order on birth tourism states that U.S. immigration laws “establish discrete categories of temporary nonimmigrant visas to allow foreign visitors into the United States for study, exchange, temporary employment, tourism, and other transitory activities that are now exploited by birth tourism operators. Participants in birth tourism schemes abuse these categories to establish a permanent foothold in the United States by securing the advantage of citizenship for their children and then potentially for themselves.”

Some commentators believe even these executive orders will be found unconstitutiona l.

Trump Administration Considers $100,000 Fee for International Students to Work in United States

According to reports, the Trump administration is considering charging a $100,000 fee for international students who want to work in the United States after graduation, likely via the Optional Training Program (OPT). As of last fall, there were an estimated 300,000 international students on OPT in the United States, about a quarter of the total international student population.

If implemented, the fee could reduce the ability of the United States to attract and retain top talent. It also could harm universities, tech companies, and Wall Street firms that benefit from the international student pipeline. The Department of Homeland Security is reportedly considering the fee as part of a larger package of changes to OPT regulations.

DHS Detentions Increase at Airports

A growing number of foreign nationals have been detained by the Department of Homeland Security (DHS) at U.S. airports while traveling between states, even if they had pending applications and were in a period of authorized stay, including spouses of U.S. citizens, tech workers, and others.

Incidents have been reported so far in California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas, and Virginia. The individuals affected share a common profile: their underlying nonimmigrant status has expired, but they may have timely filed an application for adjustment of status or asylum, or an extension of status request. Some of those detained had no criminal history and held valid work authorization or advance parole documents at the time. No single triggering policy or rule change has been identified behind this emerging pattern.

Employers and affected employees should not assume that a pending immigration filing eliminates travel risk simply because the employee is otherwise maintaining a period of authorized stay. An individual may be placed in removal proceedings even if they are authorized to remain in the United States by filing an adjustment of status application if the underlying nonimmigrant status has expired. Practitioners recommend that employers review their workforce records and alert their sponsored employees who may be at risk even during routine, in-country travel. It may be advisable for such employees to avoid air travel if possible. If air travel is unavoidable, affected employees should carry immigration evidence including USCIS approval/receipt notices, I-94 printouts, Employment Authorization Documents, and AP/travel documents. It is not sufficient to have evidence on a phone or laptop; any documentation should be either original or printed.

DHS Announces Rule Change, Effective Immediately, to Allow USCIS to Refer Asylum Applications to Immigration Judges Without Interviewing the Applicant

On July 27, 2026, the Department of Homeland Security (DHS) announced an interim final rule, effective July 28, that allows U.S. Citizenship and Immigration Services (USCIS) to refer asylum applications to Immigration Judges (IJs) without first interviewing the applicant. DHS said the rule will shorten the total time that it takes asylum officers and IJs to adjudicate asylum applications and thus reduce the asylum backlog.

Previously, the agency explained, both USCIS and Department of Justice (DOJ) IJs adjudicate applications for asylum: USCIS adjudicates “affirmative” asylum applications for those who are not in removal proceedings, while IJs adjudicate “defensive” asylum applications for those who are in removal proceedings. Depending on the individual’s immigration status, USCIS usually either adjudicates the application or refers it to an IJ, who conducts a new review of the application.

DHS noted that USCIS still offers an interview before a grant or denial of asylum. DHS said it is also removing the requirement that a letter communicating the basis for referral of asylum include an assessment of credibility.

Comments are due by September 28, 2026.

First Circuit Denies Stay in $100,000 H-1B Fee Case

On July 24, 2026, the U.S. Court of Appeals for the First Circuit denied a motion to continue a stay in State of California v. Mullin. In that case, plaintiffs (a group of 20 states) challenged a proclamation by President Trump requiring that $100,000 be paid with each H-1B petition. The plaintiffs argued that the actions taken by several federal agencies to implement the proclamation were illegal and unconstitutional. They also claimed that the policy would harm their states and lead to staffing shortages in public universities, K-12 schools, and healthcare systems.

A district court previously vacated the policy as unlikely to succeed on the merits but granted a temporary administrative stay. The First Circuit agreed with the lower court and noted that the plaintiff states were likely to be substantially injured by the stay. The First Circuit’s order means that the $100,000 H-1B application fee remains vacated pending a decision on the merits in the underlying appeal.

It is widely expected that the Trump administration will petition the Supreme Court if it loses on the merits in the First Circuit. A final First Circuit decision is not expected until sometime in 2027.

DHS Is Assessing Daily Fines for Failure to Leave the United States After Removal Order

The Trump administration has begun issuing letters assessing fines of $998 per day for an individual’s failure to leave the United States after receiving an order of removal, regardless of whether the person is pursuing an alternate form of immigration relief or has a work permit or other permission to remain in the United States. On July 23, 2026, the Department of Homeland Security (DHS) announced that under a streamlined process, it has issued more than $84 billion in civil fines for failure to leave.

DHS has sent more than 100,000 such letters, which are accompanied by fliers explaining how to self-deport. The fines can add up to more than $1 million. In one case, the letter gave the recipient 15 days to contest the decision. But after filing an appeal, the letter recipient received a second letter threatening her credit and referral for collection litigation, and stating that her debt would be considered in any future immigration proceedings. Many such appeals have been denied, according to lawyers interviewed by the New York Times, including a 68-year-old man whose U.S. citizen wife has cancer and who had received DHS’s permission to remain in the United States after receiving an order of removal in 2012. His letter said he owed $579,838.

Advocates and attorneys for individual clients have filed several federal lawsuits to block the policy on due process and constitutional grounds.

DOS Announces ‘B’ Visa Expedited Appointment Pilot Program, Starting With Mission Mexico

On July 22, 2026, the Department of State (DOS) announced that it is testing a voluntary, optional nonimmigrant visa expedited appointment program for B visas at select U.S. embassies and consulates through December 31, 2026, starting with Mission Mexico (embassy and all consulates).

Under the pilot program, eligible applicants for B visas—those making new appointments or holding existing appointments with unexpired machine-readable visa (MRV) fee receipts—may pay a $750 fee per appointment to schedule a visa interview within 10 business days (subject to availability). Applicants must first follow the usual process to pay the $185 MRV fee and schedule an interview appointment. If expedited appointments are available, these appointments will be visible for applicants to select when scheduling their appointments, DOS said. After an applicant selects an expedited appointment date and time, the $750 fee payment must be completed within 10 minutes to secure the appointment.

DOS noted that additional pilot locations may be announced throughout the pilot period.

DHS Finalizes Rule Eliminating Duration of Status for F, J, and I Nonimmigrants

On July 16, 2026, the Department of Homeland Security (DHS) released its long-anticipated final rule changing the admission period in the F, J, and I classifications from duration of status (D/S) to admission for a fixed time period tied to the nonimmigrant’s program, along with making additional changes to admission and extension requirements. The rule is effective September 15, 2026, although Congress could act to change or void the rule during the implementation window.

The new rule also introduces new restrictions on academic flexibility. Undergraduate F-1 students would be barred from changing their study program, major, or education level during their first year, except in rare cases. Graduate F-1 students would face even stricter limits, with no ability to change their program or field of study. Moreover, once an international student completes a program at a certain level, they would no longer be permitted to pursue another program at the same or a lower level under F-1 status.

The grace period for F-1 students has been halved from 60 days to 30 days. F-1 students enrolled in English language training programs will have a limited aggregate 24-month period of stay.

The final rule provides for transition measures for students already present in the United States. Those who are currently covered by D/S may continue to benefit from it through their current study program period or up to four additional years. However, if they travel abroad and return within the four years, they will be admitted under the fixed period of the academic program and be subject to the new 30-day grace period.

Under the rule, F, J, and I nonimmigrants will need to track fixed admission periods and timely file extension-of-stay (EOS) applications with U.S. Citizenship and Immigration Services (USCIS) to maintain status. Those who travel internationally and return to the United States will need to carefully monitor their I-94 admission dates, and understand that the I-94 date, not the visa stamp date or any other indicator, controls their authorized stay in the United States.

For employers, universities, teaching hospitals, exchange programs, and media organizations, the rule introduces new compliance considerations and a formal extension process that did not previously exist under D/S. Employers with F, J, and I workers will need to adjust compliance and I-9 reverification procedures to account for fixed admission periods. For example:

Identify the population of employees working pursuant to F, J, or I status and track their status and I-94 expiration.
Develop resources regarding employees’ obligation to monitor their I-94 expiration dates, explaining the nuances and common issues that arise with I-94 admission records. This should include noting that:
I-94 expiration dates can be truncated, or shortened, to the date of a foreign national’s passport expiration. U.S. Customs and Border Protection does not consider this an error in admission that can be corrected. Foreign nationals must closely monitor their passport expiration dates and renew them as early as possible also.
Truncated I-94 expiration dates are one of the easiest ways for a foreign national to fall out of status, lose work without authorization, and accrue unlawful presence in the United States.
Determine what level of support the employer will provide, such as covering EOS or Employment Authorization Document filing costs and whether to extend support to dependents.
Train I-9 professionals regarding these rule changes and how they will affect the I-9 reverification process and considering supplementing their I-9 support.
Educate campus recruiting and talent acquisition teams on the roles of the organization, the employee, and the F/J sponsoring organization in maintaining immigration status and work authorization.

It is critical for individuals in F, J, or I status to understand that the I-94 expiration date controls authorized stay in the United States, even if a visa stamp remains valid for a longer period. Individuals considering program changes, transfers, new educational levels, Curricular Practical Training, Optional Practical Training strategy, extensions, or travel should consult with counsel or their Designated School Official before acting.

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PUBLICATIONS AND ITEMS OF INTEREST

Know your rights. A number of organizations, including the American Civil Liberties Union (English and Spanish), the Immigrant Legal Resource Center, Catholic Legal Immigration Network, Inc., the National Immigrant Justice Center, and the Asian Law Caucus, have published resources highlighting immigrants’ rights in the United States, including “know your rights” information and what documents they may want to carry when traveling inside the United States. The ACLU of Northern California has also released Know Your Rights: U.S. Airports and Ports of Entry.

See also Information for Employers — “What to Do if Immigration Comes to Your Workplace” : NELP_EmployerGuide_Eng_2025_Final-.pdf.

IMMIGRATION AGENCY INFORMATION/PROCESSING TIMES

U.S. Customs and Border Protection:

Accessing I-94 Information: https://i94.cbp.dhs.gov/I94/#/home

Department of Labor:

PERM and Prevailing Wage Processing Times: https://flag.dol.gov/processingtimes

State Department:

Visa Appointment Wait Times: https://travel.state.gov/content/travel/en/us-visas.html

Monthly Immigrant Visa Bulletin: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

U.S. Citizenship and Immigration Services:

Processing Times: https://egov.uscis.gov/processing-times/

Case Status Online: https://egov.uscis.gov/

GOVERNMENT ENGAGEMENTS

E-Verify webinars: E-Verify has added a webinar with a focus on acceptable documents for Form I-9 verification, and has updated its calendar of webinars.

SAVE webinars: Systematic Alien Verification for Entitlements (SAVE) has updated its calendar of webinars.

Immigration agency X (formerly Twitter) accounts:

EOIR: @DOJ_EOIR
ICE: @ICEgov
Study in the States: @StudyinStates
USCIS: @USCIS

Alliance of Business Immigration Lawyers: ABIL is available on X (formerly Twitter): @ABILImmigration

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This information was prepared in collaboration with ABIL, the Alliance of Business Immigration Lawyers, comprised of twenty U.S. immigration lawyers who head some of the top immigration practices in the country. Larrabee Albi Coker LLP is an active member of ABIL.

Legal Disclaimer: This information is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter.

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