Immigration Law and Legal Insights

The Department of Homeland Security’s (DHS) final rule eliminating “duration of status” (D/S) for F-1 students and J-1 exchange visitors takes effect on Sept. 15, 2026. The rule will change how certain categories of nonimmigrants maintain lawful status in the United States.

May 2026, United States Citizenship and Immigration Services (USCIS) issued a policy memorandum signaling a shift in how employment-based permanent residence cases may be processed. The memorandum encourages adjudicators to deny adjustment of status (Form I-485) applications rather than issue requests for evidence (RFEs) in appropriate cases, with the expectation that many applicants could instead pursue immigrant visa processing abroad through U.S. consulates.

As the September 30 grandfathering deadline approaches for the EB-5 regional center program, investors face critical decisions about filing their I-526E petitions to secure protection under current program rules. What protections does this deadline actually provide, and what recent Administrative Appeals Office decisions mean for investors considering partial investment strategies? Immigration attorneys Kate Kalmykov and Jennifer Hermansky examine these urgent questions while analyzing USCIS's newly release

A major change to the public charge standard takes effect on September 18, 2026, potentially affecting many people planning to apply for a green card from inside the United States. The new rule gives immigration officers broader discretion to consider means-tested public benefits and other financial factors when evaluating adjustment of status applications. Understanding the timing, scope, and implications of this regulatory shift is critical for applicants preparing to file Form I-485.

The Department of Homeland Security is fundamentally changing how F-1 students and J-1 exchange visitors maintain lawful status in the United States by replacing Duration of Status admissions with fixed periods starting September 15, 2026. This shift requires employers to implement new tracking procedures for Form I-94 expiration dates and plan for Extension of Stay filings, while foreign nationals face reduced grace periods and stricter compliance requirements.

In September 2025, President Trump issued Presidential Proclamation 10973, imposing a $100,000 supplemental fee on new H-1B visa petitions for beneficiaries outside the United States (i.e., petitions subject to consular processing), with limited exceptions for national interest cases.

A major change to the public charge standard takes effect on September 18, 2026, potentially affecting many people planning to apply for a green card from inside the United States. The new rule gives immigration officers broader discretion to consider means-tested public benefits and other financial factors when evaluating adjustment of status applications. Understanding the timing, scope, and implications of this regulatory shift is critical for applicants preparing to file Form I-485.

The Department of Homeland Security is fundamentally changing how F-1 students and J-1 exchange visitors maintain lawful status in the United States by replacing Duration of Status admissions with fixed periods starting September 15, 2026. This shift requires employers to implement new tracking procedures for Form I-94 expiration dates and plan for Extension of Stay filings, while foreign nationals face reduced grace periods and stricter compliance requirements.

Earlier this year, the U.S. Department of Transportation, through its Federal Motor Carrier Safety Administration (FMCSA), amended its Commercial Driver’s License (CDL) rules to restrict eligibility for non-citizens.