DHS Proposes Significant New Fees for Optional Practical Training
The Department of Homeland Security (DHS) published a proposed rule in the Federal Register on October 8, 2026, concerning Optional Practical Training (OPT). OPT is a temporary work authorization for eligible F-1 students in the US, allowing them to work in a job related to their major area of study for up to 12 months, with 24-month extensions available for certain STEM (Science, Technology, Engineering and Math) degrees. The rule imposes significant new fees for students participating in OPT: $70,000 for the initial OPT and $30,000 for “each subsequent OPT authorization.”
We will be tracking the proposed rule and providing updates in our newsletters.
H-1B Employment Authorization and I-9 Reverification Has Become More Challenging
With delayed processing times and litigation surrounding the adjudication “freeze” for individuals from travel ban countries (even for cases filed with Premium Processing), employers are facing new challenges in maintaining employment authorization and completing I-9 reverifications. Below is a list of considerations for employers that may be helpful:
- When an employer timely files an H-1B extension petition for a current employee, the H-1B employee is generally authorized to continue employment with that employer for up to 240 days after the expiration date of the prior H-1B status or until USCIS issues a decision, whichever is earlier. The M-274 Handbook for Employers confirms that the employer should complete the I-9 reverification process by writing “240-day Ext.” and the date the Form I-129 was submitted to USCIS in the Additional Information field in Section 2.
- The 240-day extension is not limited to H-1B nonimmigrants – it also applies to certain other categories of workers, such as L-1 and TN nonimmigrants.
- Under the H–1B portability provision, if an H–1B employer is filing a petition for a change in employment (or an amended petition) for the same employee, then the H–1B nonimmigrant is authorized to work for that same employer in the new employment until the petition is adjudicated.
Please contact us with specific questions.
US Admission Stamps Eliminated During Primary Processing
In October 2026, Customs and Border Protection's (CBP) Carrier Liaison Program announced that CBP will no longer routinely issue admission stamps during primary processing at ports of entry as part of its efforts to modernize and streamline inspection processes. Admission stamps may still be issued during secondary processing (or inspection) and in limited circumstances during primary processing. CBP reminds travelers they can retrieve evidence of their admission, authorized length of stay and five years of arrival data by accessing the CBP I-94 website at I94 - Official Website (dhs.gov) or the CBP Link mobile application.
Contact us with questions about admission stamps.
USCIS Final Rule on Automatic Extensions for Certain EADs
USCIS published a final rule effective October 14, 2026, reaffirming the October 2025 interim final rule ending automatic extensions of employment authorization documents (EADs) for certain categories of noncitizens who have timely filed an application to renew their EAD. The final rule maintains the elimination of automatic extensions for affected EAD categories.
USCIS Uses Rulemaking to Remove Deference to Prior Determinations of Eligibility
USCIS gave notice of proposed rulemaking to end the policy of generally giving deference to a prior immigration approval. The deference policy applied when a new petition involved the same employer and employee, the same underlying facts, and the same nonimmigrant classification. In these circumstances, USCIS officers were encouraged to rely on prior approvals unless there had been a material error, material change in circumstances, or new adverse information.
This approach was first introduced in 2004, removed in 2017, reinstated in 2021, and codified in 2024 as part of the H-1B Modernization and Nonimmigrant Program Improvement Rule. It was designed to make immigration adjudications faster, more predictable, and more efficient while still ensuring the integrity of the immigration system.
DHS Fails to Make Official Determination on TPS for Ukraine and Sudan
Temporary Protected Status (TPS) for Ukraine and Sudan were set to expire on October 19, 2026. As of today, USCIS's webpages on TPS Ukraine and TPS Sudan include alerts stating that announcements "will be made at the appropriate time" and that TPS holders from both countries "retain protection, including work authorization." The USCIS alerts do not identify a new expiration date to record on Form I-9 or E-Verify, and they do not identify a document an employee can present at reverification to evidence the continued authorization. Hence, it is unclear how long work authorization will last and how employers should document continuing employment authorization.
We will continue monitoring the situation and provide updates as more information becomes available.
