DHS
OPT
F-1 Visa
Policy Changes
SEVP
October 9, 2026
On October 8, 2026, DHS/ICE published a Notice of Proposed Rulemaking proposing fees of $70,000 for initial OPT and $30,000 for subsequent OPT paid by SEVP-certified institutions.
What This Means for You:
- Key Point: SEVP-certified schools would pay $70,000 for initial OPT and $30,000 for subsequent OPT under the proposed rule.
- Who Should Be Concerned: F-1 nonimmigrant students seeking OPT and SEVP-certified educational institutions that recommend them.
- Timeline for Action: Comments on the rule are due November 9, 2026; a transition period would delay fees until 60 days after any final rule.
- Next Steps: Review the Federal Register notice and submit comments via Docket No. ICEB-2026-0100 if affected.
TPS
USCIS
Asylum
Parole
Fee Schedule
October 2, 2026
USCIS published a Federal Register notice on October 1, 2026, announcing a 3.36% inflationary adjustment to certain H.R. 1 fees for FY 2027, effective for benefit requests postmarked on or after October 16, 2026.
What This Means for You:
- Key Point: USCIS is raising selected H.R. 1 fees by 3.36% for requests postmarked on or after October 16, 2026.
- Who Should Be Concerned: Applicants filing asylum-related forms, parole requests, TPS, or certain EADs governed by H.R. 1.
- Timeline for Action: Verify fees before any mailing with a postmark on or after October 16, 2026.
- Next Steps: Check the updated Form G-1055 on uscis.gov and include the correct fee with your filing.
DHS
ICE
Enforcement
Removal
October 2, 2026
DHS published a Federal Register notice on October 1, 2026, adjusting two enforcement fees under HR-1 for FY 2027 inflation.
What This Means for You:
- Key Point: Two specific enforcement fees increase from $5,130 to $5,300 effective October 16, 2026.
- Who Should Be Concerned: Noncitizens ordered removed in absentia and later arrested by ICE, plus inadmissible noncitizens apprehended between ports of entry.
- Timeline for Action: The new amounts apply to assessments beginning October 16, 2026.
- Next Steps: Review the Federal Register notice and consult an immigration attorney about any pending matters.
USCIS
ESTA
Parole
Fee Adjustments
October 2, 2026
DHS published inflation adjustments to certain HR-1 immigration fees on October 1, 2026. New amounts for parole, ESTA, and EVUS fees take effect October 16, 2026.
What This Means for You:
- Key Point: DHS raises parole, ESTA, and EVUS fees effective October 16, 2026, while the I-94 fee stays the same.
- Who Should Be Concerned: Noncitizens subject to HR-1 parole, ESTA applicants, EVUS enrollees, certain land-border I-94 filers, and employers or sponsors involved in parole.
- Timeline for Action: New fees apply to grants or applications on or after October 16, 2026.
- Next Steps: Consult an immigration attorney to confirm how the changes affect your specific filing and prepare the updated payment amounts.
TPS
USCIS
Asylum
Employment Authorization
Fee Adjustments
October 1, 2026
USCIS announced inflation adjustments for certain H.R. 1 immigration-related fees effective October 16, 2026.
What This Means for You:
- Key Point: USCIS will require higher fees for certain asylum, parole, EAD, and TPS filings postmarked on or after October 16, 2026.
- Who Should Be Concerned: Individuals filing annual asylum applications, Form I-131 for immigration parole, initial Form I-765 EADs tied to asylum/TPS/parole, or Form I-821 TPS applications.
- Timeline for Action: Submit filings with the correct new fee if postmarked October 16, 2026 or later; earlier filings use current amounts.
- Next Steps: Verify the exact fee on the USCIS website before sending any application and consider filing early if your request is ready.
USCIS
Visa Bulletin
EB-5
October 1, 2026
DHS published a final rule on September 30, 2026, adjusting USCIS fees for EB-5 immigration benefit requests and codifying provisions of the EB-5 Reform and Integrity Act of 2022.
What This Means for You:
- Key Point: New EB-5 fees take effect for applications postmarked November 30, 2026 or later.
- Who Should Be Concerned: EB-5 immigrant investors filing Forms I-526 or I-526E, regional center operators submitting I-956 series forms, and parties making Integrity Fund payments.
- Timeline for Action: Review filings now to determine whether submission before or after November 30, 2026 is feasible.
- Next Steps: Verify required fees on the USCIS website and prepare filings with the correct payment amounts before the effective date.
USCIS
Duration of Status
F Visa
J Visa
I Visa
September 18, 2026
On September 14, 2026, a federal court issued a nationwide preliminary injunction postponing the effective date of a DHS rule that would have replaced duration of status admissions with fixed periods for F, J, and I nonimmigrants.
What This Means for You:
- Key Point: A nationwide preliminary injunction postpones the effective date of the DHS rule replacing duration of status with fixed admission periods.
- Who Should Be Concerned: F, J, and I nonimmigrants and their dependents, along with schools, sponsors, and employers relying on D/S admissions.
- Timeline for Action: Duration of status remains in effect pending further court order; the case continues on the merits.
- Next Steps: Monitor updates from the court and consult qualified immigration counsel regarding individual situations.
USCIS
H-2B
Visa Bulletin
September 12, 2026
USCIS announced on September 11, 2026, that it reached the H-2B cap of 33,000 for the first half of FY 2027. New cap-subject petitions with start dates before April 1, 2027, received after September 4, 2026, will be rejected.
What This Means for You:
- Key Point: USCIS reached the 33,000 H-2B cap for the first half of FY 2027 on the final receipt date of September 4, 2026.
- Who Should Be Concerned: U.S. employers filing new cap-subject H-2B petitions for nonagricultural temporary workers with employment start dates before April 1, 2027.
- Timeline for Action: New petitions received after September 4, 2026, requesting start dates before April 1, 2027, will be rejected.
- Next Steps: Confirm whether your workers qualify for exempt categories or can use later start dates that fall under the second-half cap.
USCIS
H-1B
Visa Updates
Policy Changes
Nonimmigrant Visas
September 12, 2026
On September 11, 2026, DHS published a notice of proposed rulemaking to eliminate the up to 60-day discretionary grace period for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN nonimmigrants and their dependents.
What This Means for You:
- Key Point: DHS proposes to eliminate the up to 60-day discretionary grace period for listed nonimmigrant classifications.
- Who Should Be Concerned: Nonimmigrants in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN classifications and their dependents who experience cessation of employment.
- Timeline for Action: The notice was published September 11, 2026, and remains a proposal that is not yet final.
- Next Steps: Monitor the Federal Register for updates and consult an immigration attorney to understand current status options.
EOIR
FOIA
Privacy Act
Form EOIR-59
September 12, 2026
On September 11, 2026, EOIR published a 30-day notice in the Federal Register for revisions to Form EOIR-59 under OMB Control Number 1125-0017.
What This Means for You:
- Key Point: EOIR published a 30-day notice on September 11, 2026, for a three-year extension and revision of Form EOIR-59 (OMB 1125-0017).
- Who Should Be Concerned: Individuals and households in immigration proceedings before EOIR who want to authorize release of their records to third parties.
- Timeline for Action: Comments on the collection are due by October 13, 2026.
- Next Steps: Review the Federal Register notice and submit comments through www.reginfo.gov or eoir.pra.comments@usdoj.gov if you have input on the form changes.
TPS
USCIS
Temporary Protected Status
El Salvador
September 12, 2026
On September 9, 2026, the TPS designation for El Salvador expired without a formal extension or termination notice from DHS, leaving approximately 170,000 beneficiaries with continued protection until an announcement is made.
What This Means for You:
- Key Point: Salvadoran TPS holders retain protection including work authorization until USCIS announces otherwise.
- Who Should Be Concerned: Approximately 170,000 Salvadoran nationals with TPS and their employers.
- Timeline for Action: Continue current protections while monitoring for a future announcement.
- Next Steps: Check the USCIS El Salvador TPS page regularly and consult qualified immigration counsel.
