Immigration News

On July 27, 2026, the Department of Homeland Security posted public notice of an interim final rule (“IFR”) to be published on July 28, 2026. Under the IFR, effective immediately, asylum offices will have authority to refer pending asylum cases to the immigration court without an interview if certain conditions apply. The rule empowers asylum officers to make this determination based on such factors as:

• Applicants missing the one-year filing deadline;
• Being subject to a statutory bar;
• Not meriting asylum as a discretionary matter;
• If the claim otherwise lacks merit in officers’ discretion, opening the door for widespread dismissals at the Asylum Offices.

Notably, the rule authorizes officers to refer cases without an interview based on discretion before determining whether an asylum seeker is eligible for asylum, which is a vast departure from current and past asylum practice.

The U.S. Department of Homeland Security (DHS) finalized a new rule that scraps the decades-old "Duration of Status" (D/S) policy and replaces it with a fixed admission period capped at a maximum of four years. Announced by the Trump administration on July 16, 2026, the policy shifts oversight of international students from universities to federal immigration authorities.

The rule will formally take effect 60 days after its official publication in the Federal Register. 

Key Details of the New DHS Policy

• Four-Year Stay Cap: International students on F-1 visas and exchange visitors on J-1 visas will be admitted for the length of their academic program or four years, whichever is shorter. 
• Mandatory USCIS Extensions: Students who need more than four years to finish their degrees (such as Ph.D. candidates or those changing majors) must formally apply for an extension of stay with U.S. Citizenship and Immigration Services (USCIS). Extensions require filing fees, biometric screening, and federal approval. 
• Reduced Grace Period: The post-graduation grace period allowed for F-1 visa holders to prepare for departure or transition to optional practical training (OPT) is slashed from 60 days to 30 days. 
• Academic Restrictions: Undergraduates are prohibited from transferring schools or changing academic programs within their first year of study. Graduate students are heavily restricted from switching programs entirely. 
• Limits on Subsequent Degrees: Students who complete a program are only permitted to enroll in a new program at a higher educational level (e.g., advancing from a Bachelor's to a Master's), explicitly banning lateral or downward educational changes while on an F-1 visa. 
• Accrual of Unlawful Presence: Anyone who stays past their fixed I-94 expiration date without an approved or pending extension will immediately accrue unlawful presence, which can trigger automatic 3-year or 10-year reentry bars to the U.S. [
• Impact on Media Visas: The rule also affects foreign journalists on I visas, capping their initial fixed terms of admission at 240 days. 

Purpose and Backlash

The DHS news release outlines that the policy intends to prevent visa abuse, enhance national security, and enable stricter government monitoring. Conversely, higher education groups and immigration advocates warn that shifting administrative power away from university Designated School Officials (DSOs) to USCIS will trigger massive processing delays and discourage international enrollment

The new DHS policy establishes distinct transition rules that automatically shield current visa holders from immediate disruption, while imposing strict new parameters on incoming Fall 2026 students. 

Current Visa Holders vs. New Fall 2026 Students

• Current Visa Holders (In the U.S. before Sept 15, 2026): If you are already in the U.S. under the "Duration of Status" (D/S) framework, you will automatically transition to the new system on the effective date. Your authorized stay is automatically extended for the remainder of your current academic program, capped at a maximum of four additional years from September 15, 2026. However, you will lose this automatic transition protection if you leave the United States and attempt to re-enter after the policy takes effect. 
• New Fall 2026 Students (Entering on/after Sept 15, 2026): New students will not receive a D/S designation on their I-94 arrival records. Instead, federal border agents will issue a fixed expiration date matching the program end date on the Form I-20 or DS-2019, up to a strict maximum cap of four years. If your degree naturally takes longer (like a Ph.D. or a 5-year program), you are restricted from day one and must plan for a future federal extension.

USCIS Extension Application Costs & Delays

If a student outgrows their 4-year limit or needs an extension for post-graduation Optional Practical Training (OPT), they must petition U.S. Citizenship and Immigration Services (USCIS) directly. 

• Application Fees: Filing Form I-539 (Application to Extend/Change Nonimmigrant Status) carries an estimated base government fee of $420 to $470. 
• Biometrics Fee: Applicants may face an additional mandatory biometric screening fee (typically $30–$85) for fingerprinting and vetting background checks. 
• Processing Timelines: The rule shifts the workload from university offices to a heavily backlogged federal agency. Legal experts estimate that USCIS extensions will take an average of 3.5 months to process. Fortunately, standard immigration policy dictates that students can legally remain in the U.S. and continue studying while their extension application is actively pending.

Fiscal Year 2027 H-1B Lottery ​ The initial registration period for the fiscal year 2027 H-1B lottery will start on March 4, 2026, at noon and remain open until noon on March 19, 2026. ​ The 2027 lottery has changed from the previous H-1B lotteries as it introduces the weighted selection process. ​

Registration Process and Fee ​ If an employer wants to apply for an H-1B visa for a foreign worker, there are a few steps to follow:

1. Employers and their attorneys need to create accounts on myUSCIS.gov to participate in this process. ​
2. The employer must register electronically and pay a $215 fee for each person being registered. ​ This fee is nonrefundable and must be paid online through the pay.gov portal. ​
3. The fee is separate from any other fees that might need to be paid later if the registration is selected in the H-1B lottery. ​
4. If working with an attorney, the employer will need to coordinate electronically with the attorney. ​

Information Required for Registration ​ • Employer’s name, employer identification number (FEIN), and address. ​ • Employer’s representative contact details. ​ • Employer’s attorney information. ​ • Foreign worker’s full name, date of birth, country of birth, country of citizenship, gender, and passport number. ​ • Whether the foreign worker has a master’s degree from a U.S. higher education institution. ​ • Foreign worker’s wage level information (wage level I, II, III, or IV). ​ Speak to your immigration attorney to determine the appropriate wage level for each registrant. ​

Additional Considerations • USCIS may deny or revoke H-1B visas if the registration contains false information or if the registration fee is not properly paid. ​ • If selected, USCIS now permits a start date on or after October 1, as long as it is within 6 months of the petition filing. ​

Selection Process

Beneficiary-Centric Selection Process ​ Each foreign worker will only have one chance in the lottery, even if multiple employers submit registrations on their behalf. ​ USCIS will ensure that each registrant is only entered into the lottery once based on their passport information or travel document information. ​

Weighted Selection Process ​ USCIS has finalized a new selection process for the fiscal year 2027 H-1B cap lottery. ​ Under the new rules, the lottery would no longer be completely random. ​ Instead, registrations for jobs with higher wage levels will have a better chance of being selected than those with lower wage levels. ​ The government groups salaries for each job and location into four wage levels, from lowest to highest. ​ Wage level one is typically tied to entry-level positions, while wage level four is for senior-level positions. ​ As a result, the salary offered for a position could affect the odds of being selected. ​

Note: This new weighted selection process will likely be challenged in court, which could delay or stop its implementation. ​

This information is intended for general information purposes only and does not constitute legal advice. ​ You should not act or rely on this information without seeking the advice of a competent, licensed immigration attorney. ​ 

Foreign nationals who file to renew their EAD on or after Oct. 30, 2025, will no longer receive an automatic extension of their EAD. There are limited exceptions to this rule, including extensions provided by law or through a Federal Register notice for TPS-related employment documentation. 

USCIS recommends foreign nationals seek a timely renewal of their EAD by properly filing a renewal application up to 180 days before their EAD expires. The longer a foreign national wait to file an EAD renewal application, the more likely it is that they may experience a temporary lapse in their employment authorization or documentation.

The interim final rule does not affect EADs automatically extended before Oct. 30, 2025.

The policy memorandum from U.S. ​ Citizenship and Immigration Services (USCIS) outlines a restored approach to evaluating "Good Moral Character" (GMC) for aliens applying for naturalization. ​ It emphasizes a holistic, comprehensive assessment of an applicant's behavior, societal contributions, and adherence to community norms, rather than solely focusing on the absence of disqualifying acts. ​It is effective as of August 15, 2025.

Key Points:

1. Purpose: GMC evaluation is critical for determining eligibility for naturalization, reflecting both legal transformation and moral alignment with U.S. societal standards. ​
2. Legal Framework: GMC is assessed under the "preponderance of evidence" standard, requiring applicants to demonstrate they meet the requirements more likely than not. ​ Permanent and conditional bars exist for certain offenses, but positive attributes are also considered. ​
3. Holistic Approach: USCIS officers must evaluate both positive contributions (e.g., community involvement, family responsibilities, education, employment, tax compliance) and disqualifying behaviors (e.g., crimes, DUIs, reckless actions). ​
4. Rehabilitation: Evidence of genuine reform, such as compliance with court orders, repayment of debts, and community testimony, can support a finding of GMC. ​
5. Totality of Circumstances: Officers are directed to consider the applicant's full history, balancing positive and negative factors, to determine their worthiness for U.S. citizenship. ​

This approach aims to ensure that naturalization reflects not just legal eligibility but also moral and ethical alignment with U.S. community standards. 

USCIS is considering a foreign national's antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect foreign nationals applying for lawful permanent resident status, foreign students and foreign nationals affiliated with educational institutions linked to antisemitic activity.

Consistent with President Trump’s executive orders on Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, The Department of Homeland Security (DHS) stated that it is enforcing all relevant immigration laws to the maximum degree, to protect the homeland from extremists and terrorist aliens, including those who support antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah, or Ansar Allah aka: “the Houthis.”

“There is no room in the United States for the rest of the world’s terrorist sympathizers, and we are under no obligation to admit them or let them stay here,” said DHS Assistant Secretary for Public Affairs Tricia McLaughlin. “Sec. Noem has made it clear that anyone who thinks they can come to America and hide behind the First Amendment to advocate for anti-Semitic violence and terrorism – think again. You are not welcome here.”

Under this guidance, USCIS considers social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests.

The Department of Homeland Security Secretary, Noem, has announced the termination of Temporary Protected Status (TPS) for Afghanistan, with the designation set to expire on May 20, 2025, and the termination taking effect on July 12, 2025.

On May 2, 2025, the Department of Homeland Security announced the rescission of Romania's Designation into the Visa Waiver Program. This means that from now on Romanians will need to apply for a B-2 visitor's visa.

As a response to the court cases filed to challenge the arbitrary and unlawful termination of SEVIS of F-1 students, ICE SEVP is affirmatively restoring students' SEVIS records.

Students whose record was terminated because of prior infractions, arrests or pending criminal cases, are now being reinstated.

So far no reports have been received of SEVIS restoration for individuals whose SEVIS records were terminated for political protest (pro-Hamas and pro-Palestinian activities)etc.

It is important to note that ICE ICE is developing a policy that will provide a framework for SEVIS record terminations. According to this reporting, until such a policy is issued, the SEVIS records for plaintiff(s) in this case (and other similarly situated plaintiffs) will remain Active or shall be re-activated if not currently active and ICE will not modify the record solely based on the NCIC finding that resulted in the recent SEVIS record termination. ICE asserts that the agency maintains the authority to terminate a SEVIS record.

It is recommended that students affirmatively reach out to their Designated School Officials (DSOs) to check if their SEVIS record, including their OPT (where applicable), has been restored and is accurate. If the record is not accurate, the DSO should request a correction (“data fix”) through the SEVP Response Center (SRC).

An international student whose visa has been revoked, but whose SEVIS record was restored, would likely need to reapply for a visa if they leave or have left the United States before returning.