Department
University of Michigan Comment on Proposed H-1B Fee
On August 25, 2026, the Department of Homeland Security (DHS) published a proposed rule, Fee for Certain H-1B Petitions, that would impose an additional $103,265 filing fee on all cap-subject H-1B petitions, including those eligible for the advanced-degr
$100,000 H-1B Executive Order Extended; Fee Remains Blocked
UPDATE 10/1/2026
On September 30, 2026, the U.S. District Court for the Northern District of California invalidated the $100,000 fee imposed under the 2025 Executive Order and its 2026 extension. The fee remains blocked as a result of this ruling and the July 23, 2026, decision by the U.S. Court of Appeals.
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9/21/2026
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
State Department Resumes Immigrant Visa Interviews and Processing
9/23/2026
- On 9/10/26, the Department of State issued an official "cable" instructing U.S. embassies and consulates to immediately resume the processing and issuance of immigrant visas.
8/26/2026
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.
$100,000 H-1B Fee Invalidated
June 8, 2026: A federal judge blocked the $100,000 fee for H-1B visa applications imposed by the Trump administration, determining that the administration exceeded its authority, and that the fee usurped Congress’s power to set immigration policy and taxes.
District Court Sets Aside USCIS Adjudication Pause
On June 5, 2026, the U.S. District Court for the District of Rhode Island ruled that USCIS’s Benefits Hold Policy, the Global Asylum Hold Policy, the Comprehensive Re-Review Policy, and the Country-Specific Factors Policy are unlawful, discriminatory, and beyond USCIS’s authority.
University of Michigan Comment on Proposed Prevailing Wage Rule
On March 27, 2026, the Department of Labor’s Office of Foreign Labor Certification (OFLC) published a proposed rule, titled Improving Wage Protections for the Temporary and Permanent Employment of Certain Foreign Nationals in the United States, that would change how prevailing wages are calculated for H-1B, H-1B1, E-3, and PERM-based green card applications. These changes would generally increase the wages required for those petitions.