Trump Administration Proposes Extraordinarily High H-1B Fees
The Trump Administration has proposed a rule that would establish a new $103,265 fee for H-1B cap-subject petitions. Comments are due in 30 days. If the proposal becomes a final rule, it is likely to be judicially challenged.
Updates on this fluid situation will be reported in our newsletter or in a client alert.
USCIS Updates Public Charge Inadmissibility Guidance
The Public Charge Rule is a policy used by USCIS to assess whether an individual applying for a green card, including an employment-based green card, is likely to become dependent on government assistance. USCIS recently revised its Policy Manual to provide new guidance on how public charge determinations will be made. The final rule will go into effect on September 18, 2026, and will apply to Adjustment of Status applications filed on or after that date. The rule creates a framework that relies on significant officer discretion to make an individualized, fact-specific determination. It is near certainty that the updated public charge rule will result in a significant increase in Requests for Further Evidence (RFE).
As adjudications are made under this rule, and patterns emerge, updates will be reported in our newsletter or in client alerts.
USCIS Issues Policy Alerts on Evidence, RFEs, and NOIDs
On August 5, 2026, USCIS issued a Policy Alert entitled “PA-2026-05: Evidence, Requests for Evidence, and Notices of Intent to Deny” that significantly alters adjudication expectations. The policy changes took effect immediately.
Immigration attorneys have already seen the real-world effect of the policy. In the past, RFE responses were routinely due in 87 days, giving clients enough time to gather the requested evidence. RFEs now give clients only 33 days to respond, including the time that it takes for the RFE to be delivered by the USPS to the attorney. In many circumstances, this deadline will make it very difficult, if not impossible, for clients to secure the evidence in a timely manner. Requesting an extension of the RFE due date is not possible.
The Impact of the Duration of Status Final Rule on Student Work Authorization is Coming into Focus
As we reported last month, 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. 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. This will have significant effects on student work authorization.
The rule will not affect currently authorized Curricula Practical Training (CPT) but will restrict future CPT authorization by prohibiting certain degree program changes, shortening the F-1 post-completion grace period from 60 to 30 days, and limiting admission to four years or the length of the program on the current Form I-20, whichever is shorter.
Consistent with current procedures, to obtain Optional Practical Training (OPT), students will be required to first receive a new Form I-20 with the OPT recommendation from the Designated School Official (DSO) and then file Form I-765 with USCIS. However, the final rule changes the filing window for the initial grant of OPT from the timeframe of 90 days prior to completion of the course of study to 60 days after, to the timeframe of 90 days prior to completion of the course of study to 30 days after. Additionally, if the student’s Admit Until Date (AUD) expires prior to the OPT end date, the student will have to extend their AUD to the OPT end date. Students have the option to extend their AUDs by either traveling internationally and reentering the United States or filing Form I-539 with USCIS. There is no restriction on how early students may file Form I-539. However, in the preamble to the final rule, DHS recommends that extension applications be filed at least 180 days prior to the AUD expiration date.
Contact us with questions about F and J status.
DOS Cancels Immigrant Visa Processing for an Undetermined Period
On August 21, 2026, a federal judge struck down the Trump Administration’s ban on immigrant visa process for 75 countries. DOS announced that it would comply with the court order and declared that the pause was no longer in effect. However, it was separately reported that visa interviews were being cancelled worldwide to allow consular officers to receive training on the new Public Charge rule. It is unclear when interviews will resume.
Updates on this fluid situation will be reported in our newsletter or in a client alert.
A Court Order is the Newest Development in the Ongoing Story of the Pause on Decisions for Travel Ban Countries
On August 24, 2026, the U.S. District Court for the Northern District of California ordered USCIS to resume adjudicating benefits applications received from individuals from the travel ban countries. On August 28, 2026, USCIS announced that it would comply with the ruling while cautioning that further judicial review would be sought. The announcement stated that the order applied to:
- Citizens or natives of one or more of the 39 countries listed in Presidential Proclamations 10949 or 10998, or the Palestinian Authority; and
- Individuals seeking asylum with an I-589 application pending; or
- Those with any other benefit application pending with U.S. Citizenship and Immigration Services.
Contact us with questions about the pause on decisions for travel ban countries.
Reports of Increased Detention at U.S. Airports for Individuals Traveling Domestically Causes Concern
Over the past few weeks, immigration lawyers have reported an increase in clients being 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 which 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.
Contact us with questions about the risk of domestic travel.
