Visa Lawyer Blog

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marek-studzinski-vUIUHWK3LFc-unsplash-scaledThe cost of sponsoring an H-1B worker could soon change dramatically.

The Department of Homeland Security (DHS) has proposed a new $103,265 fee for H-1B cap-subject petitions—on top of the government filing fees employers already pay.

The proposal was published in the Federal Register on August 25, 2026.

Who Would Have to Pay?

The proposed six-figure fee would apply to H-1B petitions subject to the annual cap, including beneficiaries selected under the 20,000-visa U.S. advanced degree exemption.

Importantly, the fee would apply whether the petition requests:

  • Change of status inside the United States; or
  • Consular notification for an H-1B visa abroad.

The $103,265 payment would be due when the employer files the H-1B petition—not during the initial H-1B registration process.

Who Would Not Be Affected?

The proposal is limited to cap-subject cases.

Cap-exempt H-1B petitions would not be subject to the new fee. This generally includes H-1B extensions and qualifying petitions filed by cap-exempt organizations, such as certain universities, nonprofit research organizations, and governmental research organizations.

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blessing-ri-mBRtqyC_Iq0-unsplash-scaled

We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the September 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 September, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

Highlights of the September 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

  • No changes except for EB-4 which will advance 2 months to December 15, 2022
  • EB-2 India and EB-5 India remain unavailable
  • The State Department warns that the EB-2, EB-1 India, and EB-5 unreserved categories may become unavailable before the end of September, with availability resuming when the new fiscal year starts in October.

Dates for Filing Advancements

  • No changes from August Visa Bulletin

Family-Sponsored Categories

Final Action Advancements

F-1 Unmarried Sons and Daughters of U.S. Citizens

  • Mexico will advance 1 month to January 1, 2008
  • Worldwide, China, and India will advance 13 months to January 22, 2020

F-2A Spouses and Children of Permanent Residents

  • Mexico will advance 1 month to August 22, 2025
  • All other countries will advance 1 month to August 22, 2026

F-2B Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents

  • Worldwide, China, India will advance 1 year and 7 months to August 22, 2019

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kreatikar-globe-3411506_1280-1On August 21, 2026, a federal judge struck down the Trump administration policy that blocked immigrant visa issuance for nationals of 75 countries, allowing the green card process to resume for thousands of family- and employment-based green card applicants.

The policy, which took effect in January 2026, directed U.S. consulates to pause immigrant visa issuance for nationals of 75 countries identified by the State Department as presenting a higher risk of relying on public benefits.

These countries included:

Afghanistan, Albania, Algeria, Antigua and Barbuda, Armenia, Azerbaijan, Bahamas, Bangladesh, Barbados, Belarus, Belize, Bhutan, Bosnia and Herzegovina, Brazil, Burma, Cambodia, Cameroon, Cape Verde, Colombia, Cote d’Ivoire, Cuba, Democratic Republic of the Congo, Dominica, Egypt, Eritrea, Ethiopia, Fiji, The Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Haiti, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kosovo, Kuwait, Kyrgyz Republic, Laos, Lebanon, Liberia, Libya, Moldova, Mongolia, Montenegro, Morocco, Nepal, Nicaragua, Nigeria, North Macedonia, Pakistan, Republic of the Congo, Russia, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Syria, Tanzania, Thailand, Togo, Tunisia, Uganda, Uruguay, Uzbekistan, and Yemen.

Although applicants could continue submitting documents and attending interviews, many could not actually receive their immigrant visas solely because of their nationality.

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igor-lolatto-TdwYsTmA2Bc-unsplash-scaledThe public charge rule is changing again, and this time USCIS will be allowed to look at a much wider range of government benefits.

But before you panic about Medicaid, SNAP, housing assistance, or other benefits, ask one question first:

Does the public charge rule even apply to you?

In this blog post, we break this down so you don’t have to.

When does the public charge rule take effect?

The new USCIS guidance takes effect September 18, 2026, and applies to Forms I-485 postmarked or electronically submitted on or after that date.

Here is the easiest way to figure out where you stand.

Step 1: Are You Even Subject to the Public Charge Rule?

Public charge does not apply to every immigrant.

As a general rule, most people applying to become permanent residents are subject to public charge rules, unless Congress has specifically exempted your immigration category.

You Are Generally Subject to Public Charge If You Are Applying for a Green Card Through:

Immigration Category Public Charge?
Spouse of a U.S. citizen YES
Parent of a U.S. citizen YES
Child of a U.S. citizen YES
Family-preference categories F1, F2A, F2B, F3 or F4 YES
K-1 fiancé(e) adjusting status YES
Employment-based EB-1 YES
Employment-based EB-2, including many NIW applicants YES
Employment-based EB-3 YES
EB-4 applicants unless separately exempt Generally YES
EB-5 investors YES
Diversity Visa adjustment YES

In other words, being sponsored by your U.S. citizen spouse does not exempt you. Neither does having an approved employment petition or qualifying for an EB-2 National Interest Waiver.

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ironhorse71-tourist-8183867_1280Recent developments in U.S. immigration law and immigration enforcement have changed the risks associated with both international and domestic travel for certain noncitizens.

This does not mean that all travel is unsafe or that every person with a pending immigration case should avoid traveling.

However, beginning August 13, 2026, your immigration history, current status, prior periods of unlawful presence, and pending applications may significantly affect whether travel is advisable.

For this reason, individuals with unresolved immigration-status issues should carefully review their circumstances before making any travel plans on or after August 13th.

Major Change to International Travel With Advance Parole

One of the most significant recent developments involves Advance Parole.

Advance Parole is a travel document that may allow certain noncitizens—including some applicants with a pending Form I-485 Application to Adjust Status—to temporarily leave the United States and regain admission using advance parole after temporary foreign travel.

For years, many applicants relied on the rule established in Matter of Arrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012), which generally held that temporary international travel under Advance Parole was not considered a “departure” for purposes of the unlawful-presence bar addressed in that case.

That rule has now changed.

On August 13, 2026, the Board of Immigration Appeals (BIA) issued its precedential decision in Matter of Delcarmen-Lara, 29 I&N Dec. 830 (BIA 2026). The BIA expressly overruled Arrabally and Yerrabelly and held that leaving the United States pursuant to Advance Parole can constitute a “departure” under INA § 212(a)(9)(B).

This is an important change because departure from the United States can trigger serious immigration consequences for individuals who previously accumulated unlawful presence.

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mohamed_hassan-programming-9199585_1280The Department of Homeland Security (DHS) is moving forward with a new proposal that could eliminate the 60-day grace period currently available to certain employment-based nonimmigrant workers after their employment ends.

On August 6, 2026, DHS submitted a proposed rule titled “Eliminating the Discretionary 60-day Grace Period” to the Office of Management and Budget (OMB) for review. The proposal has not yet taken effect, and the full text has not yet been released.

What Is the Current 60-Day Grace Period?

Under current regulations, certain nonimmigrant workers whose employment ends before their authorized stay expires may receive a grace period of up to 60 consecutive days, or until the expiration of their authorized stay, whichever comes first.

The protection currently applies to workers in the following classifications:

  • E-1
  • E-2
  • E-3
  • H-1B
  • H-1B1
  • L-1
  • O-1
  • TN

Their dependent family members are also covered by the provision.

The 60-day grace period gives workers valuable time after losing or leaving a job to find another employer, seek a change or extension of immigration status, or prepare to leave the United States. Workers generally cannot continue working during the grace period unless they have another independent basis for employment authorization.

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gdj-ai-generated-9069946_1280President Donald Trump signed two executive orders on August 6, 2026, renewing his administration’s effort to restrict certain forms of birthright citizenship following a major Supreme Court defeat earlier this summer.

The new executive orders, “Ending Birth Tourism” and “Continuing to Protect the Meaning and Value of American Citizenship,” take a narrower approach than the administration’s original 2025 birthright-citizenship order.

The action comes after the Supreme Court’s June 30 decision in Trump v. Barbara. The Court held that children born in the United States to parents who are unlawfully present or only temporarily present in the country are “subject to the jurisdiction” of the United States and therefore are U.S. citizens at birth under the Fourteenth Amendment.

Executive Order Targets “Birth Tourism”

The first new order, “Ending Birth Tourism,” focuses primarily on immigration enforcement rather than directly redefining citizenship.

The order defines “birth tourism” as a foreign national entering the United States on a nonimmigrant visa for the purpose of giving birth in the United States. It also covers individuals or organizations that facilitate such travel. The administration argues that some foreign nationals misuse temporary visa classifications to enter the country specifically so their children will obtain U.S. citizenship.

The order gives the government broad authority to take measures against suspected birth-tourism activity including denying visas or admission, revoking travel authorization, removing individuals who participated in birth tourism, and potentially permanently barring individuals from entering the United States. The government may also take action against businesses or individuals that facilitate birth-tourism arrangements. Humanitarian and national-interest exceptions are permitted.

For foreign nationals traveling while pregnant, the practical impact will depend heavily on the regulations and guidance issued by the State Department and DHS, including how officers determine whether a person’s primary purpose for traveling is to give birth.

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rainbowart-hat-1217913_1920The Trump administration is reportedly considering a $100,000 fee for international students who want to remain in the United States and work after graduating from an American university.

According to The Wall Street Journal, the proposal is being discussed within the Department of Homeland Security but has not been formally approved or published as a proposed regulation. Important details—including whether the student, university, or employer would pay the fee—remain unresolved.

The fee would affect students seeking employment through Optional Practical Training, commonly known as OPT. The program allows eligible F-1 students to obtain temporary employment directly related to their field of study. Standard post-completion OPT generally lasts up to 12 months, while qualifying STEM graduates may receive an additional 24-month extension.

A $100,000 charge would dramatically increase the cost of remaining in the United States after graduation. It could discourage international students from attending American universities and make it more difficult for employers in technology, finance, research, and other specialized industries to recruit graduates.

The reported proposal follows broader changes to student immigration policy, including new fixed periods of admission and extension requirements for certain F-1 students. DHS has acknowledged that international students contribute to American universities, research, innovation, and local economies, while maintaining that additional restrictions are needed to improve oversight and prevent fraud.

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We are pleased to report that the U.S. Department of State’s Bureau of Consular Affairs has published the August 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 August, USCIS will continue using the Dates for Filing Chart for family-sponsored categories only.

For employment-based categories, USCIS will also continue using the Final Action Dates Chart.

Highlights of the August 2026 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

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

  • EB-1 China will advance 1 month to July 1, 2023
  • Except for India, all other countries will remain current

EB-1 India Visa Bulletin Note: High demand and number use by those chargeable to India in the EB-1 visa category may require making the category unavailable in the coming weeks

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

  • EB-2 India remains unavailable
  • Except for China, all other countries will remain current

EB-2 Visa Bulletin Note: Sufficient demand and increased number use in the EB-2 visa category may make it necessary to retrogress the final action date or make the category unavailable in the coming months

EB-3 Professionals and Skilled Workers

  • EB-3 China will advance 10 days to January 1, 2022
  • Worldwide and Mexico will advance 1 month to September 1, 2024

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yamu_jay-ai-generated-8998390-scaledThe Department of Homeland Security has issued a final rule ending the longstanding practice of admitting certain foreign nationals for “duration of status,” commonly shown as D/S on Form I-94.

The rule is scheduled to take effect on September 15, 2026. Because it is classified as a major rule subject to congressional review, DHS will publish another notice if Congress changes the rule or its effective date.

Who Is Affected?

The rule applies to:

  • F visa holders: International students and their dependents;
  • J visa holders: Exchange visitors and their dependents; and
  • I visa holders: Representatives of foreign information media and their dependents.

What Is Changing?

F, J, and I visa holders have traditionally been allowed to remain in the United States while they continued their authorized studies, exchange programs, practical training, or media assignments.

Under the new rule:

  • Form I-94 will contain a specific expiration date;
  • An updated Form I-20 or Form DS-2019 will not automatically extend a person’s authorized stay;
  • Individuals who need additional time must generally apply for an extension with USCIS; and
  • USCIS may require biometrics as part of the extension process.

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