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Government News

District Court Postpones Implementation of DHS Final Rule Eliminating Duration of Status for F and J Nonimmigrants

On September 14, 2026, a federal district court in Massachusetts issued a preliminary injunction postponing the effective date of the Department of Homeland Security (DHS) rule that would replace the admission of F and J nonimmigrants for the duration of status with fixed periods of admissions.

DHS Proposes Eliminating the Discretionary 60-Day Grace Period for Individuals in H-1B, H-1B1, TN and E-3 Status. F- and J-status Grace Periods Not Affected.

On September 11, 2026, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM) titled "Eliminating the Discretionary 60-Day Grace Period." The proposed rule would eliminate the discretionary grace period of up to 60 days that individuals in  E–1, E–2, E–3, H–1B, H–1B1, L–1, O–1, or TN status may receive if and when their employment ends before their approved period of status ends.  The NPRM does NOT affect individuals in other non-immigrant statuses, such as F-1 and

DHS Proposes $103,265 Fee for Cap-Subject H-1B Petitions; Higher Education Institutions Exempt

On August 24, 2026, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), Fee for Certain H-1B Petitions, scheduled for publication on August 25. The proposed rule would impose a $103,265 fee on all initial cap-subject H-1B petitions, including those eligible for the advanced-degree exemption. This fee would be due at filing and would be charged in addition to all other applicable fees.

Change in USCIS Adjudication Policy

On August 5th, 2026, USCIS announced a new policy intended to reduce frivolous immigration benefits requests. Under this new policy, USCIS adjudicators can now deny a petition or application without first issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID) if all required evidence is not included or if a benefit requestor fails to demonstrate eligibility for a benefit.