Legal Updates

USCIS Reaches Fiscal Year 2027 H-1B Cap

USCIS announced that it has received enough petitions to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal year 2027.

Contact us with questions about H-1B status.

Court Denies Government’s Request for Stay on Order Finding the H-1B $100,000 Fee Unlawful

On June 8, 2026, in State of California v. Mullin, the U.S. District Court for the District of Massachusetts vacated the $100,000 H-1B fee, finding it unlawful under the APA and an impermissible exercise of Congress’s taxing power.  Days later the Trump Administration appealed the decision, and the Massachusetts District Court temporarily stayed its ruling, allowing USCIS to continue collecting the fee during the pendency of the appeal.

On appeal, the First Circuit denied the government’s motion to stay the district court’s order in State of California v. Mullin.  Thereafter, USCIS acknowledged the order and confirmed that it will not collect the H‑1B fee at this time, but stated that “DHS still plans to collect payment” if the order is lifted. The government is expected to seek further review.

Contact us with questions about the $100,000 filing fee.

The Current State of DOS Operations Causes Concern

A recent Financial Times article, "RIP the U.S. State Department" (July 15, 2026), depicts the department as "under siege." According to the article, the DOS has shed more than 3,000 staff, a reduction exceeding 20%, with a significant impact on consular staffing.  At the same time, the article finds, DOS leadership is increasingly placing more emphasis on conservative policy approaches.

Immigration attorneys expect these changes to have the following consequences:

• Longer processing times, with routine visa services that once took weeks now stretching to months
• Visa appointment slots are becoming less available
• Knowledge gaps, with less experienced/trained officers issuing uneven decisions
• Vetting based on political beliefs

Department of Homeland Security Eliminates “Duration of Status” for F and J Visas

In the biggest change to the student visa process in 50 years, DHS has published a final rule replacing the longstanding "duration of status" (D/S) framework for F and J nonimmigrants with  

fixed periods of admission.  Until this rule, individuals granted visas in these categories could be admitted to the United States and remain for the “duration of status” — however long it takes to complete an academic program (or to complete the purpose for which they got the visa, such as research in the case of J visas).  For foreign students, the duration of status meant that an individual didn’t have to apply for and receive an extension from USCIS to complete their education, which could include graduating from their undergraduate institution and then transitioning to post-graduate optional practical training or to graduate school, or pursuing a second degree. Instead, extensions were managed through the Student and Exchange Visitor Information System (SEVIS) system by Designated School Official (DSO) or Responsible Officer (RO).

Under the final rule (with an effective date of September 15, 2026), F and J nonimmigrants are no longer admitted for the duration of status. Instead, they are admitted until the program end date listed on the Form I-20 or Form DS-2019, not to exceed four years.  Many F and J programs routinely extend beyond four years—including doctoral programs, certain medical training programs, research appointments, and other long-term academic programs.  Extending a program in SEVIS no longer extends the individual's authorized period of stay. Once Form I-94 expires, continued lawful status beyond the individual’s admission period generally requires the timely filing and USCIS approval of an Extension of Status (EOS) application. 

Concerning the dependents of F and J nonimmigrants, the final rule limits the approvable period of stay for the principal and dependents to the shortest period based on the soonest passport expiration for any member in the family group or to the date any dependent ages out. In other words, the period of stay and validity of replacement I-94s for an F or J principal filing an I-539 along with dependents physically present in the United States will be the shortest of:

• four years,
• the program end date,
• the earliest passport expiration date in the family, or
• a dependent’s age-out deadline.

Finally, the rule shortens the F-1 grace period following completion of studies or practical training from 60 days to 30 days and generally limits admissions to no more than four years unless the individual timely files an EOS application with USCIS.

Individuals in the US in F or J status on September 15,2026 do not have to take any action.

Contact us with questions about F and J status.

DHS 2026 Public Charge Final Rule Fundamentally Changes the Adjudication of Public Charge in USCIS Benefit Requests

Immigration officers are required to decide whether an applicant is likely to become “a public charge,” or dependent on government benefits. DHS has published a Final Rule (effective September 18, 2026) which significantly alters how the public charge test is to be adjudicated in USCIS benefit requests, including Form I-485 Application to Adjust Status (to Lawful Permanent Resident).  The Final Rule no longer provides any regulatory definitions or adjudicative framework around how INA 212(a)(4) should be applied in public charge adjudications. Instead, it creates a framework that relies on significant officer discretion to make an individualized, fact-specific decision in the totality of the circumstances. This may lead to subjective and potentially inconsistent findings under similar circumstances.

Exactly how cases will be adjudicated remains unclear.  It is hoped that the picture will become clearer once USCIS guidance becomes available.  However, USCIS has not indicated when that might be.  We will provide further information as this situation develops.

Report Circulate of Increased Detentions at US Airports for Individuals Traveling Domestically

Over the past few days, according to reports from immigration attorneys, foreign nationals have been detained by DHS at U.S. airports during domestic travel. This is occurring across the country, including in California, Colorado, Florida, Illinois, Kansas, Michigan, New Jersey, Texas, and Virginia. Impacted individuals include those whose lawful status has expired but may have timely filed adjustment of status applications or asylum applications, which would allow them to be in a period of authorized stay. Reports include individuals being detained who do not have criminal records and who have valid work authorization or advance parole documents.  We have attached a helpful flyer on this subject.

Contact us with questions about domestic travel and immigration status.

TPS for Numerous Countries, Along with Employment Authorization Documents, Remains in Flux

In the past few weeks USCIS has issued termination and extension notices for TPS for South Sudan, Ethiopia, Somalia, Syria, Yemen and Haiti. 

Additionally, on July 21, 2026, the U.S. District Court for the District of Massachusetts temporarily enjoined USCIS from retroactively shortening the validity of certain EADs issued to TPS beneficiaries pursuant to H.R. 1.  As a result, affected TPS beneficiaries may continue to rely on the work authorization expiration dates that existed prior to USCIS's implementation of H.R. 1 while the stay remains in effect.

Given the nearly constant litigation, not to mention constant USCIS changes, employers should avoid making employment eligibility determinations without seeking legal advice.