A 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?
We 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-2 Members of the Professions and Aliens of Exceptional Ability
EB-3 Professionals and Skilled Workers
EB-3 Other Workers
Starting 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:
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.
DHS 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.
The 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:
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.
The 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:
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.
President 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.
In another rapid development surrounding the controversial $100,000 H-1B consular processing fee, a federal court has temporarily allowed U.S. Citizenship and Immigration Services (USCIS) to continue collecting the fee while the government’s appeal moves forward.
Employers and foreign workers should prepare for continued uncertainty as the litigation unfolds.
What Happened?
On June 8, 2026, a federal district court in Massachusetts struck down USCIS’s implementation of the $100,000 H-1B fee, finding significant legal issues with the policy. However, just four days later, on June 12, 2026, the same court temporarily paused its ruling after the government filed an appeal with the U.S. Court of Appeals for the First Circuit.
As a result, USCIS currently retains the authority to continue collecting the $100,000 fee for qualifying H-1B petitions involving consular notification while the appellate court reviews the case.
The government must formally request a stay from the First Circuit by June 18, 2026, for the temporary reinstatement to remain in effect.
The appeal is pending in State of California, et al. v. Mullin, et al., No. 26-1699 (1st Cir. June 12, 2026).
In a policy memorandum released today, just ahead of the Memorial Day holiday, the Trump administration announced that temporary visa holders seeking green cards should leave the United States and complete their immigration process through consular processing in their home countries.
But is adjustment of status completely off the table? No. While the government has made clear that individuals intending to immigrate to the United States are generally expected to pursue immigrant visas abroad, adjustment of status remains a discretionary pathway to a green card.
When deciding whether to exercise discretion to grant adjustment of status in the United States, USCIS officers will apply a “totality of the circumstances” analysis, weighing both favorable and unfavorable factors before reaching a decision.
Overview
For decades, Adjustment of Status has been one of the most reliable pathways to apply for a green card for immigrants already living in the U.S., who entered the country lawfully. This process has involved filing the I-485, remaining in the country while the green card case is pending, waiting for an interview, and receiving a final approval.
The ability to apply for adjustment of status has not been taken away with today’s announcement, however, the sense of security that applicants once had has been blurred.
The Policy Memorandum
In its policy memorandum, the government stressed that individuals admitted to the United States on temporary visas (tourist, student, work visas, etc.) are generally expected to leave the country rather than pursue Adjustment of Status from inside the U.S.
Instead, those wishing to remain in the U.S. permanently are expected to apply for an immigrant visa from abroad. But today’s announcement does not prevent those who qualify from seeking adjustment of status, although applicants should exercise greater caution and understand that certain factors may negatively affect their chances of approval.
U.S. Citizenship and Immigration Services (USCIS) is reportedly increasing scrutiny of EB-5 immigrant investor applications filed by individuals with ties to certain Chinese technology companies and institutions.
Recent cases suggest that adjudicators are looking beyond traditional EB-5 requirements—such as lawful source of funds and job creation—and are instead placing greater emphasis on national security concerns, including potential connections to Chinese companies involved in telecommunications, artificial intelligence, cybersecurity, and data infrastructure.
Applicants who have worked for or are affiliated with major firms and universities associated with China’s tech ecosystem may face additional background checks and requests for detailed disclosures about their employment history, organizational roles, and any perceived government or military links.
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