Headlines:
DHS Finalizes Rule Eliminating Length of Standing for F, J, and I Nonimmigrants – The Division of Homeland Safety launched its long-anticipated remaining rule altering the admission interval within the F, J, and I classifications from length of standing to admission for a hard and fast time interval tied to the nonimmigrant’s program.
USCIS Reaches FY 2027 H-1B Cap – U.S. Citizenship and Immigration Providers has obtained sufficient petitions to succeed in the congressionally mandated 65,000 H-1B visa common cap and the 20,000 H-1B visa U.S. superior diploma exemption for fiscal 12 months 2027.
DHS Rescinds Public Cost Regulation – The rule applies to purposes for admission made on or after September 18, 2026, or purposes for adjustment of standing postmarked or electronically submitted on or after that date.
Particulars:
DHS Finalizes Rule Eliminating Length of Standing for F, J, and I Nonimmigrants
On July 16, 2026, the Division of Homeland Safety (DHS) launched its long-anticipated remaining rule altering the admission interval within the F, J, and I classifications from length of standing (D/S) to admission for a hard and fast time interval tied to the nonimmigrant’s program, together with making extra modifications to admission and extension necessities. The rule is efficient September 15, 2026, though Congress might act to alter or void the rule through the implementation window.
The brand new rule additionally introduces new restrictions on educational flexibility. Undergraduate F-1 college students could be barred from altering their examine program, main, or training stage throughout their first 12 months, besides in uncommon instances. Graduate F-1 college students would face even stricter limits, with no potential to alter their program or subject of examine. Furthermore, as soon as a world scholar completes a program at a sure stage, they might not be permitted to pursue one other program on the similar or a decrease stage underneath F-1 standing.
The grace interval for F-1 college students has been halved from 60 days to 30 days. F-1 college students enrolled in English language coaching packages may have a restricted mixture 24-month interval of keep.
The ultimate rule supplies for transition measures for college students already current in the US. Those that are at present coated by D/S could proceed to learn from it by their present examine program interval or as much as 4 extra years. Nevertheless, in the event that they journey overseas and return inside the 4 years, they are going to be admitted underneath the mounted interval of the educational program and be topic to the brand new 30-day grace interval.
Beneath the rule, F, J, and I nonimmigrants might want to monitor mounted admission intervals and well timed file extension-of-stay (EOS) purposes with U.S. Citizenship and Immigration Providers (USCIS) to take care of standing. Those that journey internationally and return to the US might want to fastidiously monitor their I-94 admission dates, and perceive that the I-94 date, not the visa stamp date or some other indicator, controls their approved keep in the US.
For employers, universities, educating hospitals, change packages, and media organizations, the rule introduces new compliance concerns and a proper extension course of that didn’t beforehand exist underneath D/S. Employers with F, J, and I employees might want to alter compliance and I-9 reverification procedures to account for mounted admission intervals. Practitioners suggest doing this in a number of methods:
- Establish the inhabitants of workers working pursuant to F, J, or I standing and monitor their standing and I-94 expiration.
- Develop assets relating to workers’ obligation to watch their I-94 expiration dates, explaining the nuances and customary points that come up with I-94 admission information. This could embrace noting that:
- I-94 expiration dates will be truncated, or shortened, to the date of a overseas nationwide’s passport expiration. U.S. Customs and Border Safety doesn’t think about this an error in admission that may be corrected. International nationals should intently monitor their passport expiration dates and renew them as early as potential additionally.
- Truncated I-94 expiration dates are one of many best methods for a overseas nationwide to fall out of standing, lose work with out authorization, and accrue illegal presence in the US.
- Decide what stage of assist the employer will present, comparable to protecting EOS or Employment Authorization Doc submitting prices and whether or not to increase assist to dependents.
- Prepare I-9 professionals relating to these rule modifications and the way they may have an effect on the I-9 reverification course of and contemplating supplementing their I-9 assist.
- Educate campus recruiting and expertise acquisition groups on the roles of the group, the worker, and the F/J sponsoring group in sustaining immigration standing and work authorization.
It’s important for people in F, J, or I standing to grasp that the I-94 expiration date controls approved keep in the US, even when a visa stamp stays legitimate for an extended interval. People contemplating program modifications, transfers, new instructional ranges, Curricular Sensible Coaching, Optionally available Sensible Coaching technique, extensions, or journey ought to seek the advice of with counsel or their Designated Faculty Official earlier than performing.
USCIS Reaches FY 2027 H-1B Cap
On July 17, 2026, U.S. Citizenship and Immigration Providers (USCIS) introduced that it has obtained sufficient petitions to succeed in the congressionally mandated 65,000 H-1B visa common cap and the 20,000 H-1B visa U.S. superior diploma exemption for fiscal 12 months 2027.
USCIS additionally launched knowledge displaying the numbers of H-1B employees accepted by corporations as of March 31, 2026. Beneath are the highest 10 corporations hiring H-1B employees:
DHS Rescinds Public Cost Regulation
On July 16, 2026, the Division of Homeland Safety (DHS) introduced that it has issued a remaining rule rescinding a 2022 regulation relating to public cost determinations. DHS stated the rule “ensures that officers could make extremely individualized, fact-specific, case-by-case public cost inadmissibility choices based mostly on the totality” of every particular person’s particular person circumstances. “This method will forestall the appliance of overly restrictive standards that straitjackets DHS officers’ potential to make public cost inadmissibility determinations.”
DHS stated that the rule applies to purposes for admission made on or after September 18, 2026, or purposes for adjustment of standing postmarked or electronically submitted on or after that date. Receipt of means-tested public advantages earlier than September 18, 2026, might be thought-about per the 2022 remaining rule, DHS stated.
The company plans to publish a revised Type I-485, Utility to Register Everlasting Residence or Alter Standing. Older variations of Type I-485 postmarked or submitted electronically on or after the efficient date is not going to be accepted, DHS famous.
Agency within the Information
Cyrus Mehta was quoted by Bloomberg Regulation in Excessive Courtroom Rulings Again Broad Govt Authority on Immigration. Mr. Mehta stated that with the court docket largely backing the federal government’s studying of its statutory authority, invoking constitutional arguments could be a “sound litigation technique” for grounds difficult Trump immigration insurance policies. “Most courts didn’t really feel the necessity to get into constitutional points in any respect earlier than. The statute was clear.”
Mr. Mehta was quoted by the Occasions of India in Trump Administration Limits Visa Tenure of College students to a Fastened Interval of 4 Years and Limits Educational Flexibility. He warned that the elimination of Length of Standing (D/S) would have extreme penalties. “College students might unknowingly accumulate illegal presence attributable to technical standing violations, doubtlessly resulting in re-entry bans.” Mr. Mehta famous that the “discount of grace intervals from 60 to 30 days would additional affect college students’ flexibility, hindering their potential to transition to different visa statuses, comparable to employment-based visas.”
