Visa Lawyer Blog

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mohamed_hassan-exam-3588192_1280The Department of Homeland Security (DHS) has proposed a major change to the Optional Practical Training (OPT) program for F-1 international students.

Under a proposed rule published on October 8, 2026, schools would be required to pay a $70,000 fee the first time an F-1 student is recommended for OPT. A $30,000 fee would apply to each subsequent OPT recommendation, including a STEM OPT extension.

For example, an F-1 student who completes 12 months of post-completion OPT and then receives a 24-month STEM OPT extension could generate $100,000 in total fees—$70,000 for the initial OPT period and another $30,000 for the STEM extension.

Who Would Pay the Fee?

Technically, the SEVP-certified school, not the student or employer, would be responsible for paying the fee before the school’s designated school official (DSO) could recommend the student for OPT.

However, DHS acknowledges that schools could pass some or all of that cost on to the F-1 student, other students, or employers.

The fee would be connected to the school’s OPT recommendation, not to a particular employer. Changing employers alone would therefore not trigger another fee.

Why Is DHS Proposing the Change?

DHS says the new fees are intended to reduce fraud and abuse in the OPT program, strengthen immigration enforcement and program integrity, and address concerns about the impact of OPT employment on U.S. workers.

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artsybeekids-gavel-5660494-scaledA federal judge in California has blocked the Trump administration from enforcing policies that required certain employers to pay a $100,000 fee when filing new H-1B petitions.

On September 30, 2026, U.S. District Judge Haywood S. Gilliam Jr. granted a preliminary injunction in Global Nurse Force v. Trump, N.D. Cal., No. 4:25-cv-08454, preventing federal agencies from enforcing or implementing the policies used to carry out the $100,000 H-1B payment requirement.

What Was the $100,000 H-1B Fee?

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mohamed_hassan-visa-3653493-scaledMajor changes to the public charge policy took effect on September 18, 2026, changing how USCIS evaluates individuals applying for permanent residence in the United States.

The new policy gives immigration officers more discretion to consider government benefits and an individual’s circumstances when deciding whether someone is likely to become a public charge.

What Is Public Charge?

“Public charge” is a ground of inadmissibility used to determine whether a green card applicant is likely to rely on government assistance for support.

A public charge finding can affect whether an applicant is allowed to obtain permanent residence or enter the United States.

What Changed on September 18, 2026?

The federal government rescinded the 2022 DHS public charge rule and replaced the way USCIS evaluates green card applications with new agency guidance.

The change became effective September 18, 2026.

Under the new policy:

  • USCIS may consider a broader range of government-funded benefits.
  • Immigration officers have greater discretion when reviewing an applicant’s circumstances.
  • Means-tested benefits which are programs generally available based on income or financial need may now be considered.
  • The government may also consider a wider range of financial circumstances to evaluate whether an applicant is likely to become a public charge.

Receiving a public benefit does not automatically mean that someone will be denied a green card on public charge grounds. The determination depends on the person’s particular immigration case and circumstances.

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elena-mozhvilo-etzzhJqFCaU-unsplash-scaledWe are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the October 2026 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

Adjustment of Status Chart

For adjustment of status filings to permanent residence in the month of October, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will begin using the Dates for Filing Chart .

Highlights of the October 2026 Visa Bulletin

At a Glance

What can we expect to see in the month of October?

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 India will advance 3.6 months to February 1, 2023
  • EB-1 Except China, all other countries remain current

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India moves from unavailable to November 1, 2013
  • EB-2 China will advance 1 month to October 1, 2021
  • Worldwide, Mexico, Philippines moves from current to a cutoff date of January 1, 2025

EB-3 Professionals and Skilled Workers

  • EB-3 China will advance 1 week to January 8, 2022
  • EB-3 Philippines will advance 2 weeks to August 15, 2023
  • Worldwide and Mexico will retrogress 3.6 months from September 1, 2024, to May 15, 2024

EB-3 Other Workers

  • EB-3 China will advance 5 months to October 1, 2019
  • EB-3 Philippines will advance 1 month to January 1, 2022
  • Worldwide and Mexico will retrogress 3 months from April 1, 2022, to January 1, 2022

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lobostudiohamburg-internet-3113279-scaledStarting October 1, 2026, the State Department is expanding its online screening of visa applicants to include I visas for foreign media representatives, TN visas for Canadian and Mexican professionals, and TD visas for their dependents.

Applicants in these categories are now instructed to make all of their social media profiles “public” or “open” so consular officers can review them.

The new rule expands a vetting system that already applies to several other visa categories, including:

  • Diplomatic and Official Visas: A-3, C-3 (if a domestic worker), G-5
  • Students: F-1, M-1, F-2, M-2
  • Temporary Workers and Trainees: H-1B, H-3, H-4 dependents of H1-B and H-3
  • Exchange Visitors: J-1, J-2
  • Fiancé and Dependents: K-1, K-2, K-3
  • International Cultural Exchange Participants: Q
  • Religious Occupations: R-1, R-2
  • Witnesses, Informants, and Victims: S, T, U

The State Department says it may use information from any available source to determine whether an applicant is eligible for a visa or presents national-security or public-safety concerns.

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tilixia-summer-money-8023328_1280On September 14th a coalition of states and major U.S. cities filed federal lawsuits challenging the Trump administration’s new public charge rule, giving immigration officers broader discretion when deciding whether certain immigrants may be denied admission or lawful permanent residence.

The rule took effect on Friday, September 18, 2026, and applies to applications for admission made on or after that date and adjustment-of-status applications filed on or after September 18.

What Changed?

The Department of Homeland Security rescinded the narrower public charge regulations adopted in 2022.

Under the new rule, immigration officers must consider at least five factors when deciding whether an applicant is likely to become a public charge: the applicant’s age; health; family status; assets, resources, and financial condition; and education and skills. Officers may also consider employment history and prospects, a required Affidavit of Support, and other information relevant to the applicant’s ability to remain financially self-sufficient.

The rule also significantly expands the public benefits that may be considered. For benefits received on or after September 18, 2026, officers may consider an applicant’s application for, approval for, or receipt of any means-tested public benefit, including programs such as Medicaid and SNAP.

Receipt of public benefits alone does not automatically result in a public charge finding; officers must evaluate the applicant’s circumstances as a whole.

The administration says the change restores necessary discretion and better reflects federal immigration law and policies encouraging immigrant self-sufficiency.

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creativecanvasdesign-student-10443989_1280On September 14th a federal judge temporarily blocked a Trump administration rule that would have placed fixed limits on how long certain international students, exchange visitors, and foreign journalists could remain in the United States.

The Department of Homeland Security rule was scheduled to take effect on September 15, 2026 that would have replaced the longstanding “duration of status” system with fixed admission periods.

Under the rule, most F-1 students and J-1 exchange visitors would have been limited to four years, while foreign journalists in I status would generally have been limited to 240 days. Individuals needing additional time would have been required to request an extension from DHS.

Currently, many F-1 and J-1 visa holders are admitted for “duration of status,” commonly shown as D/S, allowing them to remain in the United States as long as they continue complying with the requirements of their immigration status and authorized program.

Why Did the Court Block the Rule?

On September 14, U.S. District Judge F. Dennis Saylor IV ruled that the plaintiffs had shown a substantial likelihood of succeeding in their challenge under the Administrative Procedure Act.

The government argued the new restrictions were needed to address fraud, abuse, and national-security concerns. The court found that it had not adequately connected the fixed time limits to those concerns and had not sufficiently addressed alternatives or objections raised during the rulemaking process.

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roszie-termination-7386583_1280DHS has officially published a proposed rule that would eliminate the 60-day grace period currently available to certain nonimmigrant workers after their employment ends.

The Notice of Proposed Rulemaking was published in the Federal Register on September 11, 2026. The proposal would affect workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, as well as their dependent family members.

Old Rule

Under current rules, eligible workers may receive a grace period of up to 60 days after their employment ends, or until the expiration of their authorized stay, whichever is shorter. This period can give workers time to find a new employer, change immigration status, or make arrangements to leave the United States.

New Proposal

DHS is proposing to eliminate this protection. If the rule is finalized as written, affected workers would generally be considered out of status beginning the day after their qualifying employment ends unless they have another lawful basis to remain in the United States.

DHS states that the change would more closely tie a worker’s immigration status to the employment that supports that status and reduce the administrative burden associated with determining whether the grace period applies.

Importantly, this is only a proposed rule. The current 60-day grace period remains in effect at this time.

The public comment period is open through November 10, 2026. After reviewing public comments, DHS may modify the proposal and issue a final rule.

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openclipart-vectors-poland-151461_1280-1In this blog post we bring you some important developments impacting visa applicants in September.

First, the U.S. government has resumed immigrant visa processing for applicants in Hungary and Poland, while processing restrictions remain in place in a number of other countries.

The broader pause was connected to changes in how the Department of State evaluates applicants under the public charge rules and additional training for consular officers.

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sharijo-cv-4043315-scaledThe U.S. Department of State has resumed the issuance of Diversity Visas following a federal court order in Medani et al. v. Trump et al. According to the State Department, visa issuance has resumed as of August 28, 2026, ending the suspension that had been in place since December 2025.

The December 2025 suspension had temporarily stopped U.S. Embassies and Consulates from issuing Diversity Visas while the government reviewed screening and vetting procedures. The court order now requires the State Department to resume processing and issuing affected visas.

Why This Matters for DV-2026 Applicants

Timing is especially important for DV-2026 applicants because Diversity Visas generally must be issued by September 30, 2026. If a visa number is not issued by the end of the fiscal year, the opportunity may be lost.

Applicants with pending cases should continue monitoring their case status, attend any scheduled interviews, and respond quickly to requests from the U.S. Embassy or Consulate.

If you have a pending DV-2026 case and are concerned about the September 30 deadline, contact an immigration attorney as soon as possible to discuss how the court order and resumed visa issuance may affect your case.

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