Immigration News
US immigration policy news from Hibee: official announcements linked to the source, plus early news and analysis of what it means for you.
Labor Department suspends PERM green card filings for Microsoft, Adobe and six other employers
On Oct. 8, Vice President JD Vance and Labor Secretary Keith Sonderling announced at the White House that PERM labor certification is suspended for Microsoft, Adobe and six IT outsourcing firms — no new filings and no processing of pending ones. No end date or written notice has been issued. Workers’ current H-1B status and approved I-140s are not directly affected.
OPT fee proposal published: $70,000 for initial OPT, $30,000 for each later period, paid by schools
DHS published its OPT fee proposal in the Federal Register on Oct. 8. Schools would pay $70,000 for each student’s initial OPT and $30,000 for each later OPT period, including the STEM OPT extension, and could pass the cost on to students or employers. Comments are due Nov. 9; until a final rule takes effect, OPT works as before.
USCIS recasts green card adjustment as “extraordinary relief”; universities and unions sue
A May USCIS memo treats applying for a green card from inside the U.S. (Form I-485) as “extraordinary relief” subject to heightened discretion, and an August policy lets officers deny without first issuing a request for evidence. On Oct. 5, the American Association of University Professors, the SEIU union and six applicants sued in Massachusetts federal court to block both. Both policies remain in effect.
H-1B $100,000 fee extended for a year, but two federal courts have made it unenforceable
On Sept. 18 the White House extended the proclamation through Sept. 21, 2027. Federal courts in Massachusetts and Northern California have since set aside the policies used to collect the fee. USCIS and consulates are not collecting it now; the final outcome rests with the appeals courts and possibly the Supreme Court.
Court halts DHS rule ending “duration of status” for F-1 students; the old rules still apply
A final rule published July 17 was set to take effect Sept. 15, giving F and J students fixed admission periods capped at four years. A Massachusetts federal court granted nationwide preliminary relief on Sept. 14, so D/S remains in place. The government appealed to the First Circuit on Sept. 30, and the case continues.
New public charge rule takes effect Sept. 18: new Form I-485 required, benefit use reviewed case by case
DHS rescinded the 2022 rule and returned to a broad, case-by-case assessment of whether an applicant is likely to become a public charge. Since Sept. 18, USCIS accepts only the 09/18/26 edition of Form I-485. Twenty-one states and the District of Columbia have sued.
Supreme Court upholds birthright citizenship 6–3; second executive order also blocked
On June 30, the Supreme Court held in Trump v. Barbara that Executive Order 14160 violates the 14th Amendment. On Aug. 6 the White House issued EO 14418, aimed at “birth tourism” and other groups; on Sept. 2 a federal court in Maryland preliminarily enjoined it for members of a certified class.
DHS proposes ending the 60-day grace period: laid-off H-1B workers could be out of status the next day
A proposal published Sept. 11 would eliminate the grace period of up to 60 days for E, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents after employment ends. Status would lapse the day after work stops. Comments are due Nov. 10; the 60 days still apply today.
First year of the weighted H-1B lottery: registrations fall to 211,600, entry-level selections just 17.7%
FY2027 was the first H-1B season to weight selection by wage level. Eligible registrations fell 38.5% from the year before, and the share of selected beneficiaries with a U.S. advanced degree rose to 71.5%. USCIS has not yet released full selection rates by wage level.
New H-1B executive order makes employers’ layoffs from the past year a factor in review
Executive Order 14431, signed Sept. 18, directs the Labor, Homeland Security and State departments to consider at the LCA, petition, visa and entry stages whether a sponsoring employer laid off — or plans to lay off — similarly situated U.S. workers in the past year. The Labor Department must begin reviewing past LCAs within 30 days.
Work permit renewals no longer auto-extend, and H-4 EAD rescission is on DHS’s agenda
Renewals filed on or after Oct. 30, 2025, no longer get the 540-day automatic extension, and some EADs now last only 18 months. The H-4 EAD itself remains, but DHS has listed its rescission as a long-term action. For Chinese applicants facing long green card backlogs, renewals — and gaps in work authorization — are becoming more frequent.
EB-5 changes: filing fees roughly double Nov. 30, investment amounts rise in 2027, reform proposal pending
A DHS final rule published Sept. 30 sharply raises EB-5 filing fees on Nov. 30; the I-526E goes from $3,675 to $7,850. Petitions filed by Dec. 31 still qualify at $800,000 or $1.05 million; on Jan. 1, 2027, the amounts adjust for inflation. Grandfathering protection for regional center investors ended Sept. 30.
Primary documents only: the Federal Register, the White House, USCIS, the Labor Department and the State Department. Each entry links straight to the official source; Hibee adds a short summary.
- Department of Homeland SecurityProposed rule91 FR 65119 · FR Doc. 2026-20941
DHS proposes ending deference to prior USCIS approvals
Would remove 8 CFR 214.1(c)(5), which tells officers to defer to a prior approval when deciding I-129 extensions with the same parties and facts. Officers could still consider a prior approval but would no longer start from deference. Covers all I-129 categories, including H-1B, L-1 and O-1.
- Comments dueNov. 13, 2026
- Department of Homeland SecurityProposed rule91 FR 64566 · FR Doc. 2026-20660
DHS proposes Optional Practical Training fees
Schools would pay $70,000 for a student’s initial OPT and $30,000 for each later OPT period, including the STEM OPT extension, before recommending it in SEVIS. A final rule would take effect 60 days after publication.
- Comments dueNov. 9, 2026
- DHS / USCISFee noticeFR Doc. 2026-20187
FY2027 inflation adjustment to certain immigration fees
Adjusts certain fees set by H.R. 1 for inflation: the initial work permit for asylum, parole and TPS applicants rises from $560 to $570, and the annual asylum fee from $102 to $105. Renewal fees are unchanged, and other work permits such as H-4 and C9 are not affected.
- EffectiveOct. 16, 2026
- DHS / USCISFinal rule91 FR 61940 · FR Doc. 2026-20016
EB-5 fee final rule
Raises EB-5 filing fees to cover program costs and creates Form I-527 ($10,330) for pre-2022 investors whose regional center was terminated or whose project was debarred. Filings postmarked on or after Nov. 30 pay the new fees.
- EffectiveNov. 30, 2026
- DHS / USCISPolicy alertPA-2026-15
USCIS clarifies the definition of “day” for filing deadlines
A “day” includes weekends and federal holidays. When a paper filing deadline falls on one, a filing received by the end of the next business day is timely. Electronic filings get no extension, and neither do age-based deadlines such as a 21st birthday.
- EffectiveOct. 23, 2026
- The White HouseExecutive order91 FR 60501 · FR Doc. 2026-19555
Executive Order 14431: employer layoffs become a factor in H-1B review
Directs the State, Labor and Homeland Security departments to weigh an employer’s recent or planned layoffs of similarly situated U.S. workers at the LCA, petition, visa and entry stages. The Labor Department’s Wage and Hour Division must begin reviewing past LCAs within 30 days.
- The White HousePresidential proclamation91 FR 60497 · FR Doc. 2026-19554
Proclamation 11069 extends the $100,000 H-1B requirement to Sept. 21, 2027
Extends the $100,000 payment requirement for certain H-1B petitions under Proclamation 10973 (2025) for another 12 months. Two federal court rulings currently bar collection, and the government has appealed.
- Department of Homeland SecurityProposed rule91 FR 57807 · FR Doc. 2026-18631
DHS proposes eliminating the 60-day grace period
Would remove 8 CFR 214.1(l)(2), ending the grace period of up to 60 days after employment ends for H-1B, L-1, O-1, E and TN workers and their dependents.
- Comments dueNov. 10, 2026
- Department of Homeland SecurityProposed rule91 FR 54817 · FR Doc. 2026-17324
DHS proposes a $103,265 fee for cap-subject H-1B petitions
All cap-subject H-1B petitions, including the U.S. master’s cap, would pay an extra $103,265 at filing; cap-exempt petitions would not. The comment period closed Sept. 24, and no final rule has been issued.
- DHS / USCISPolicy alertPA-2026-05
USCIS may deny without first issuing an RFE or NOID
Updates the Policy Manual so that officers may deny a request without first issuing a request for evidence (RFE) or notice of intent to deny (NOID) when the evidence does not establish eligibility and no regulation requires notice.
- Department of Homeland SecurityFinal rule91 FR 45324 · FR Doc. 2026-14539
Public charge final rule
Rescinds the 2022 public charge rule and returns to a discretionary totality-of-the-circumstances test. Applies to admissions and to adjustment applications filed on or after Sept. 18.
- EffectiveSept. 18, 2026
- Department of Homeland SecurityFinal ruleFR Doc. 2026-14439
Final rule replacing duration of status with fixed admission periods
Replaces duration of status (D/S) for F, J and I nonimmigrants; F and J admission would run to the program end date, capped at four years. It was set to take effect Sept. 15, but a Massachusetts federal court has postponed it, so D/S still applies.
- DHS / USCISProposed rule91 FR 40676 · FR Doc. 2026-13392
Proposed rule implementing the EB-5 Reform and Integrity Act
Would add a $1.4 million tier for high employment areas, end the standalone troubled-business path, set a two-year sustainment period and expand oversight of regional centers. Comments closed Aug. 31; not yet final.
- DHS / USCISPolicy memoPM-602-0199
USCIS memo: adjustment of status is discretionary “extraordinary relief”
Describes adjustment of status as “a matter of discretion and administrative grace” and directs officers to apply heightened discretion after confirming eligibility, listing the choice to adjust as a negative factor. It adds no new eligibility requirements.
- U.S. Department of LaborPress release
Labor Department suspends Cloudera’s PERM processing for 180 days
Suspends processing of all of Cloudera’s PERM labor certification applications for 180 days, extendable, during a Justice Department investigation. DOL has not issued a written notice for the Oct. 8 suspensions of Microsoft and seven other employers.
- Department of Homeland SecurityFinal ruleFR Doc. 2025-23853
Final rule on weighted H-1B selection
Weights the H-1B registration lottery by wage level, giving higher wage levels better odds; applies starting with fiscal 2027.
- Department of Homeland SecurityInterim final ruleFR Doc. 2025-19702
Interim final rule ending automatic EAD extensions
Ends the automatic extension of work permits while renewal applications are pending, which can leave gaps in work authorization.
