Immigration Law Updates

7.16.2026 DNS Announces a Final Rule Ending "Duration of Status" for F, J, and I classifications

Tthe Department of Homeland Security announced a final rule ending “duration of status” admissions for:

  •  F-1 academic students
  •  J-1 exchange visitors
  • I representatives of foreign information media

This allowed these nonimmigrants to remain in the U.S. for as long as they maintained their academic program (or the lawful purpose of their visa), rather than having a fixed expiration date on their I-94 arrival record like most other nonimmigrants such as H-1Bs, L-1s, or E-2s. 

Under the new rule, these nonimmigrants will also be admitted for a fixed period of time rather than for “duration of status.” The rule is scheduled to be published in the Federal Register today, and will take effect on September 15, 2026.

The key changes include the following:

  • Fixed admission periods
    F and J nonimmigrants will generally be admitted for the length of their program, subject to a maximum of four years.
  • USCIS extensions of stay
    Individuals who need additional time to complete their program will generally need to file an Extension of Stay with USCIS rather than relying solely on an extension of their program documentation issued by DSO’s.
  • Additional federal oversight
  • The new process will involve federal adjudication and may include biometric vetting, background checks, and fraud screening.
  • Shorter F-1 departure grace period
  • The post-completion grace period for F-1 students will be reduced from 60 days to 30 days!
  • Restrictions on program changes

The rule also imposes new limitations on certain changes to academic programs and educational objectives.

What about individuals already in the United States in F, J, or I status?

The rule includes transition provisions for individuals currently admitted under the duration-of-status framework. Their authorized stay will transition to the new system, with the applicable period generally capped at four years from the effective date of the rule.

This is a significant shift in the way the DHS manages the admission and continued stay of international students, exchange visitors, and foreign media representatives. We will monitor how the rule is implemented and if there are any additional changes affecting current and future F, J, and I nonimmigrants.

Learn More

6.9.2026 DOS Temporary Final Rule Creating Fee to Expedite B-1/B-2 Visa Interview Appointment

Important Update for Business Travelers: Expedited B-1/B-2 Visa Interviews Now Available (for a Fee)

Effective July 1, 2026, through December 31, 2026, the U.S. Department of State has implemented a temporary pilot program allowing certain B-1/B-2 (business and tourism) visa applicants to pay an optional $750 fee for an expedited visa interview appointment.

Here's what you should know:

  • The $750 fee is in addition to the standard Machine Readable Visa (MRV) application fee, which remains $185 USD.
  • Applicants who pay the fee may secure an interview appointment within 10 business days.
  •  The service will be available only at selected U.S. embassies and consulates, published on travel.state.gov and in limited quantities.

Please note, while the expedited appointment option accelerates the scheduling of the visa interview appointment, it does not guarantee visa issuance, waive visa eligibility requirements, expedite security checks or administrative processing or increase the likelihood of approval.

For companies with employees who need to travel to the United States on short notice for business meetings, negotiations, conferences, or other legitimate B-1 activities, this option may provide valuable flexibility provided the applicant is applying at a participating post.

Have questions about whether a B-1 visa is the appropriate option for your business travel or how this temporary expedited interview process may affect your travel plans? Feel free to reach out.

5.22.2026 U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances

USCIS Director Joseph B. Edlow issued a policy memorandum on May 21, 2026, announcing a significant shift in the adjudication of adjustment of status (AOS) applications (Form I-485) under INA §245. The memorandum emphasizes that adjustment of status is a discretionary benefit and "a matter of administrative grace" rather than an entitlement. According to the policy, adjustment of status is not intended to routinely supersede the traditional process of obtaining an immigrant visa through a U.S. consulate abroad.

Since the memorandum was issued, USCIS has provided limited guidance regarding implementation. However, the agency has indicated that the policy is not intended to eliminate adjustment of status as a viable option for many employment-based applicants, including H-1B workers and other foreign nationals whose work provides economic benefits to the United States 

Under the new guidance, USCIS officers are instructed to evaluate each case under a totality of the circumstances framework, weighing favorable and adverse factors to determine whether an applicant merits a favorable exercise of discretion before granting permanent residence in the United States.

Importantly, the policy does not change the statutory eligibility requirements for adjustment of status. Rather, it changes how USCIS officers exercise discretion after an applicant has established eligibility for permanent residence.

For many employment-based applicants who are maintaining lawful status, have complied with U.S. immigration laws, and are contributing to the U.S. economy, adjustment of status may continue to be an appropriate pathway to permanent residence. However, applicants should expect USCIS to place greater emphasis on discretionary factors when adjudicating Form I-485 applications. 

As a result, applicants may face increased scrutiny of their immigration history, compliance with U.S. immigration laws, criminal history, prior immigration violations, and other discretionary considerations. It is becoming increasingly important to present evidence of positive equities, such as family ties, community involvement, employment history, tax compliance, humanitarian considerations, and other factors supporting a favorable exercise of discretion.

While many foreign nationals remain eligible to apply for adjustment of status, it is more important than ever to develop a comprehensive immigration strategy. In appropriate cases, applicants may wish to submit evidence of positive equities with their I-485 application rather than waiting for a request from USCIS.

Although implementation remains uncertain, immigration practitioners anticipate that USCIS officers may place greater emphasis on questions relating to discretionary factors during adjustment interviews. Applicants should be prepared to explain their immigration history, ties to the United States, and the reasons adjustment of status is appropriate in their particular circumstances.

If you have questions about how this policy may affect your pending application, immigration strategy, or long-term plans in the United States, Principe Immigration Law can help you evaluate your options.

 Learn More

1.30.2026 FY 2027 H-1B Cap Initial Registration Period Opens on March 4

The initial registration period for the 2027 H-1B cap opens on Wednesday 3/4/26 at 12:00 pm EST and runs through Thursday 3/19/26 at 12:00 pm EST.
The H-1B program allows employers to temporarily employ foreign workers in specialty occupations, but there’s a cap on the number of visas available each year.

    1.9.2026 Adjustment to Premium Processing Fees

    The Department of Homeland Security (DHS) announced it is publishing a final rule increasing fees for premium processing. The rule will be effective on March 1, 2026 and requests for premium processing postmarked on or after that date must include the increased fee for the specific benefit being requested.
    An advance copy of the rule (published in the Federal Register on January 12, 2026) is available here.
    The new USCIS filing fees for Form I-129, Petition for a Nonimmigrant Worker for classifications including: E -1/E-2/E-3, H-1B, H-3, L-1A/L-1B/LZ, O-1/O-2, P-1/P-1S/P-2/P-2S/P-3/P-3S, Q-1, TN-1/TN-2; and Form I-140, Immigrant Petition for Alien Worker for employment-based classifications: EB1-EB3 will increase from $2,805 to $2,965.
    The USCIS Stabilization Act provides DHS the authority to adjust premium processing fees every two years to account for inflation, and this fee increase is supposed to reflect the amount of inflation from June 2023 through June 2025.

      12.23.2025 DHS Changes Process for Awarding H-1B Work Visas to Better Protect American Workers

      The Department of Homeland Security is amending regulations governing the H-1B work visa selection process to prioritize the allocation of visas to higher-skilled and higher-paid international personnel to protect the wages, working conditions, and job opportunities for American workers. The new rule replaces the random lottery for selecting visa recipients with a process that is supposed to give greater weight to those with higher skills and to put America first.

      12.12.2025 The Trump Gold Card is Here

      The Trump administration officially launched the Gold Card visa program. The Trump Gold Card is a visa based upon an individual’s ability to provide a substantial benefit to the United States. For individuals, there is a nonrefundable $15,000 DHS processing fee and a contribution of $1 million to receive US permanent residency.
      The Trump Corporate Gold Card is issued to a corporate sponsor for one or more of the sponsor’s employees. There is a nonrefundable $15,000 DHS processing fee per employee. A $2 million per employee gift upon completion of the employee’s vetting is evidence that the employee will substantially benefit the United States.

      11.24.2025 A Postmark Now Reflects the Date of First Automated Processing

      Effective December 24, 2025, United States Postal Service updated its postmark rules (39 CFR Part 111). A postmark now reflects the date of first automated processing, NOT the date you mailed your documents. This means the postmark date might be 1–3 days later than the date you actually mailed it
      Why this matters:
      • Your filing could appear late even if mailed on time
      • Increased risk of delays or penalties
      • Critical deadlines could be impacted
      What you can do:
      • Use Priority Mail Express or Priority Mail
      • Ask for a manual postmark
      • Don’t wait until the last minute

        8.29.2026 USCIS No Longer Accepts Payments Made By Business or Personal Check

        U.S. Citizenship and Immigration Services no longer accepts personal checks, business checks, money orders, or cashier’s checks for most paper-filed forms (unless you qualify for an exemption). See this link if you qualify for an exemption: https://www.uscis.gov/g-1651
        For paper filings, accepted payment methods include:
        • Credit, debit, or prepaid card with Form G-1450, Authorization for Credit Card Transactions, or
        • Direct payment from a U.S. bank account with Form G-1650, Authorization for ACH Transactions
        USCIS accepts payments made through Pay.gov for applications and petitions filed online.
        Submitting the wrong payment method or incorrect fee could result in rejected filings and costly delays.