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Simon, Choi & Tuohy, 190 North Independence Mall West, Philadelphia, PA (2026)

10/01/2026

Check out our monthly update of immigration news, including an extension of the $100k H-1B fee, a Federal Court blocking the Trump administration's plans to end "D/S" for F-1 and J-1, and a proposed end to the 60-day grace period for employment-based nonimmigrants whose employment comes to an end:

https://conta.cc/4AXIsKK

09/30/2026

With September nearly over, the DOS finally released the October 2026 Visa Bulletin on Monday, September 29th. USCIS has determined that all applicants should reference the Dates for Filing chart when determining eligibility to file in October.

October’s charts appear below. A date listed for any class indicates that the class is oversubscribed. “C” means current (i.e., numbers are authorized for issuance to all qualified applicants). “U” means unauthorized (i.e., numbers are not authorized for issuance).

New Fiscal Year

With the government’s new fiscal year beginning October 1st, new immigrant visa numbers have been made available. As a result, many categories saw their priority date cutoffs advance forward. However, the Department of State noted that “some employment-based visa categories for “Rest of World” countries have retrogressed, and these retrogressions are necessary to keep visa issuances within FY 2027 quarterly and annual limits.”

To discuss what the dates in the visa bulletin may mean for you, please contact the attorney at SCT working on your case. Alternatively, you may set up a consultation with one of our attorneys by filling out our Consultation Request Form.

Priority Date Charts
See below the priority date charts designated for use by USCIS for October 2026: https://lhscimmigration.com/visa-bulletin/october-2026-visa-bulletin/

09/21/2026

On September 18, 2026, President Trump took two actions affecting the H-1B program.

The first is a proclamation extending the $100,000 H-1B payment requirement for another 12 months, through September 21, 2027. As with last year’s version of this fee, the payment applies to new H-1B petitions for workers outside the United States who need a visa, or who must be admitted into the United States to start work. Extensions or changes of status filed for workers already in the U.S. are not subject to the $100,000 fee. For a full breakdown of who does and doesn’t have to pay, see our earlier post on USCIS’s guidance.

This fee has been successfully challenged in court, though the government is appealing a federal judge’s ruling that it constituted an unlawful tax. Separately, DHS has proposed a new $103,265 fee on cap-subject H-1B petitions, which isn’t yet final (and which is also expected to be challenged in court).

The second action is a new executive order that changes how the government reviews H-1B employers. While we expect additional guidance from the government regarding implementation, the order makes clear that employer layoffs will now be a factor at every stage of the H-1B process, and that data from throughout the government will be used to evaluate H-1B petitions. This represents a significant change for H-1B employers.

Employer layoffs will be considered throughout the H-1B process
The order directs the Department of Labor, USCIS, and the State Department to consider whether an employer has laid off U.S. workers in similar jobs in the past year, or plans to. This applies at every stage:

when DOL certifies the Labor Condition Application,
when USCIS decides the H-1B petition,
when a consulate issues the visa, and
when the worker arrives at the border.
Employers that rely heavily on H-1B workers were already barred from laying off U.S. workers shortly before or after an H-1B filing, so this concept isn’t entirely new. However, the order goes further, because it applies to every H-1B employer, it reaches back a full year, it looks ahead to planned cuts, and it covers layoffs made “directly or indirectly.”

The order doesn’t say how much weight a layoff will carry, what counts as a “similarly situated” worker, or how employers will be asked about layoffs. Those details will be forthcoming eventually, possibly to include updates to relevant USCIS forms. Until then, employers that have had layoffs in the past year should expect closer review.

The Department of Labor will proactively review past filings
While the DOL already has the power to initiate investigations against H-1B employers, historically the DOL has initiated employer investigations after receiving a complaint. However, the new order directs the DOL’s Wage and Hour Division to begin proactively reviewing previously filed Labor Condition Applications within the next 30 days, and to decide whether any employers deserve further action. Employers with H-1B workers on staff should expect that their past filings, and whether they actually kept the promises made in them, may be examined.

Interagency cooperation
Until now, H-1B cases were handled mainly by DOL, USCIS, and the State Department. The order adds three more agencies:

The Department of Commerce will provide wage and industry data, which can be used to test whether offered wages are realistic and to identify layoffs.
The Department of Education will help verify foreign degrees and schools. The order specifically raises concerns about “diploma mill” credentials and inflated job requirements.
The Small Business Administration will provide information that can help confirm an employer is a real, operating business.
The order also points to the anti-discrimination rules enforced by the Department of Justice. Those rules prohibit employers from favoring visa workers over qualified U.S. workers. This suggests that the government may begin to investigate certain H-1B hiring practices as discrimination against U.S. workers, similar to prior DOJ lawsuits against Apple and Facebook (which centered on the PERM Labor Certification program, rather than on the H-1B program).

Looking ahead
Whether through formal guidance, updated forms, or the issuance of RFEs, we will eventually get additional clarity on how this order will practically impact the processing of H-1B petitions. Until then, employers who file H-1B petitions and have had layoffs in the past year (or who expect layoffs in the future) should consult with an immigration attorney. In addition, employers should continue to carefully hew to relevant regulations, e.g., those requiring the posting of notice and the maintenance of public access files.

09/15/2026

Federal Court Blocks DHS Rule Ending “Duration of Status” for F-1 and J-1 Visa Holders

On September 14, 2026, a federal judge halted a Department of Homeland Security rule that would have eliminated “Duration of Status” (D/S) for international students, exchange visitors, and foreign media representatives. The ruling came just one day before the rule’s scheduled September 15, 2026 effective date, and it preserves — at least for now — the admission framework that F-1 and J-1 nonimmigrants have relied on for decades.

Background: The Rule DHS Tried to Implement

On July 17, 2026, DHS published a final rule that would have replaced D/S with a fixed “Admit Until Date” tied to the program end date on a student’s Form I-20 or a scholar’s DS-2019, capped at four years, plus a grace period. Anyone needing more time would have had to file an Extension of Stay application with U.S. Citizenship and Immigration Services (USCIS) rather than simply continuing to maintain status.

The Lawsuit

On August 18, 2026, a coalition of higher-education and labor organizations sued DHS and ICE in the U.S. District Court for the District of Massachusetts. The suit argued that DHS had acted arbitrarily and capriciously and had failed to meaningfully respond to roughly 22,000 public comments received during rulemaking.

The Ruling

On September 14, 2026, Judge Saylor granted the plaintiffs’ motion, issuing a nationwide preliminary injunction that bars DHS and ICE from implementing the rule while the litigation continues. As a result, the longstanding D/S framework remains in place for now for F-1, J-1, and I nonimmigrants nationwide — the rule did not take effect as scheduled on September 15.

A preliminary injunction remains in effect for the duration of the case unless modified or reversed on appeal. The court has scheduled a status conference for October 2, 2026, and the underlying case challenging the rule on the merits continues.

What This Means Right Now

The rule is blocked, not vacated. DHS is prohibited from enforcing the fixed-admission-period framework while the case proceeds, but the rule itself has not been struck down. The government may appeal the injunction, and the underlying litigation is ongoing.

D/S remains the operative framework. F-1 and J-1 students and scholars currently admitted for duration of status continue to be admitted for duration of status, without a fixed AUD on their I-94, for now.

This is not a final resolution. Universities, designated school officials, employers of F-1/J-1 workers, and visa holders themselves should continue to monitor the case closely rather than treat the injunction as the end of the story.

SCT Is Monitoring This Closely

We are tracking the docket and will provide updates as the case progresses. If you have questions about how this ruling — or a possible reversal down the road — affects your status, your institution’s compliance obligations, or your workforce, contact us to discuss your specific situation.

09/11/2026

Since 2017, foreign workers on employment-based visas are afforded a discretionary grace period of authorized stay of up to 60 days after the end of their employment. This gives such workers – whose legal status in the U.S. is tied to their job – a bit of time to prepare their departure from the U.S., look for other employment opportunities that could allow them to keep status, consider changing to a new status, or file a green card application (if eligible).

On September 11, 2026, the Department of Homeland Security proposed eliminating this discretionary grace period. This is only a proposed rule – the public has until November 10, 2026, to comment – so nothing changes today. However, should the rule become final, this change would have significant impacts for foreign workers who are terminated, or who simply wish to change jobs, as well as for their families.

Who this affects
Workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status — and their spouses and children who hold status through them.

What the grace period does now
Foreign workers who are in one of the employment-based statuses listed above currently are eligible for up to 60 days after a job ends before they are treated as being out of status (assuming that their underlying petition granted them status to at least that date). The 60 days aren’t automatic — USCIS can shorten or cancel them in an individual case — but in practice USCIS has mostly afforded workers this discretionary extension of authorized stay.

Within that window foreign workers can:

have a new employer file a petition to extend your status;
file to change to a different status; or,
file to adjust status to a green card, if eligible.
While the grace period does not confer work authorization in itself, it does give workers time to make arrangements to find new employment, or to wrap up affairs and leave the country without worrying about overstaying their visa or accruing unlawful presence.

What would change
Under the proposal, that grace period would go away. Foreign workers would be considered out of status the day after the job ends and would be expected to leave the U.S. right away (unless something else independently allows them to stay). Spouses and children would be in the same position.

Practically, that means changing employers would often require leaving the country, waiting for a new petition to be approved, and then applying to come back.

What to do now
The discretionary grace period remains in place and will continue to apply at least through the comment period and until any final rule takes effect, which is likely months away at the earliest.

However, if your job feels uncertain, it would be wise to start thinking through backup options early, rather than waiting until the rule is finalized.

If you’re in one of these categories and you’re unsure where you stand, you can contact one of our attorneys for a consultation.

09/10/2026

Temporary Protected Status for El Salvador was scheduled to expire on September 9, 2026. With that date having passed, and with DHS failing to extend or terminate the designation, those in TPS from El Salvador (and their employers) are left with questions.

No Formal Guidance from DHS

Acknowledging that the deadline to extend or terminate TPS for El Salvador had passed, a DHS spokesperson only provided that an additional announcement will come “at the appropriate time,” and that until then Salvadoran TPS holders retain protection. Late on September 9, USCIS updated its El Salvador TPS page to confirm that the designation and TPS-based work permits remain valid until further notice.

That is a reprieve for roughly 170,000 to 200,000 people. It is not a legal determination, and the difference matters for anyone trying to document status.

Automatic Extension of Protections

Under INA § 244(b)(3), the Secretary had to decide at least 60 days before expiration — here, by July 11, 2026. Nothing was published. Section 244(b)(3)(C) provides that absent a timely termination determination, the designation extends automatically for six months.

Employment Complications

USCIS’s August 12 and September 3 I-9 Central alerts both told employers that the TPS designation would terminate on September 9th, and to enter that date in Sections 1 and 2 of the Form I-9 and in E-Verify. Employers who complied now have a workforce whose documented authorization expired yesterday, and only a government spokesperson and updated website saying otherwise. Meanwhile, the earlier 540-day EAD auto-extension ended March 9, 2026, and the September 3 notice extended certain expired A-12 and C-19 EADs only through September 9. Despite the government spokesperson confirming that protections remained in place for now, employees needing reverification may have no formal documentation of work authorization.

TPS for Other Countries

TPS for Sudan and Ukraine are both scheduled to expire October 19, 2026, with the same EAD extension guidance and the same passed determination deadline. It would be reasonable to expect that the government’s handling of those expirations will follow a similar pattern.

If you hold Salvadoran TPS, you are protected for now, but a six-month extension runs only to roughly March 2027. This is the window to evaluate family, employment, or asylum-based options on your specific record. If you have any questions, you can contact our office to speak with an attorney.

09/02/2026

With no warning or extended grace period, USCIS published on August 31, 2026 a new required version of Form I-864, Affidavit of Support Under Section 213A of the INA with the edition date of 08/24/26. Without this grace period, unfortunately any submitted Form I-485 Application to Adjust Status with an I-864 will presumably be rejected by USCIS if postmarked on or after August 31, 2026. This will lead to a significant delay before the applicant can re-apply; USCIS will likely not return the rejected package to the applicant or attorney for several weeks and the applicant then has to resubmit the entire application package with the updated I-864 along with the previously submitted sealed medical exams, photographs, and supporting documents.

Further complicating this new required version of Form I-864 without any grace period is that USCIS is also requiring a new version of Form I-485 effective September 18, 2026.

USCIS announced that the new edition of Form I-864 includes a privacy release that authorizes USCIS to request information from one or more consumer reporting agencies. Per USCIS, “[i]f the sponsor has a credit or security freeze on their consumer or credit report file, USCIS may not be able to access the information necessary to assess the sufficiency of Form I-864. To avoid any delays, a sponsor should expeditiously respond to any requests made to release a credit or security freeze.”

As a result, any Affidavit of Support sponsor or co-sponsor should ensure that they do not have any credit or security freezes prior to the submission of the application to USCIS or otherwise a delay in processing would result from USCIS’ issuance of a Request for Evidence to take these actions.

The Form I-864 Affidavit of Support is required for family-based adjustment of status (permanent residence) applications filed with USCIS along with certain employment-based applications.

09/02/2026

Nicole Simon, partner at Simon, Choi & Tuohy and a Lecturer in Law at the University of Pennsylvania Carey Law School, was quoted this week in The Daily Pennsylvanian on a reported White House proposal to attach a six-figure fee to Optional Practical Training.

Administration considers six-figure fee for OPT
According to reporting in the Wall Street Journal, the administration is weighing a restructuring of F-1 Optional Practical Training that would carry a $100,000 charge. OPT currently allows international students to remain in the United States and work for one year after graduation, extended up to three years for graduates in STEM fields.

Nothing has been formally introduced
While the Trump administration has shown itself willing to impose onerous fees on immigration benefits, it is important to note that no proposed rule has been published for notice and comment, and the most basic question — who would actually pay the fee, the student, the school, or the employer — remains unanswered.

The fee would represent “yet another attack on students”
Speaking to the paper, Nicole characterized the proposal as “yet another attack on students, a group the administration has mercilessly targeted.”

She also raised the question of whether a fee of this kind can survive judicial review at all, noting that the administration tried a nearly identical move on H-1B visas. In that instance the administration attempted to impose a $100,000 fee by executive action. A federal court voided that fee earlier this year, though that decision was stayed pending appeal.

Other faculty quoted in the piece reached the same conclusion, noting that district and appellate courts have already found the executive branch exceeded its authority on the H-1B fee and predicting the OPT proposal would meet a similar fate.

How this would impact employers and students
For most international graduates, OPT is not an optional convenience. It is the only bridge between a degree and an H-1B petition, and with the H-1B cap set at 85,000 and allocated by lottery, that bridge often has to hold for more than one selection cycle. No matter who would ultimately pay such a fee, many employers, universities, or students would be priced out, and would therefore not seek or sponsor OPT work authorization for students post-graduation.

Watch for a notice of proposed rulemaking
As a reminder, the administration has not formally proposed a rule to raise fees on OPT; they have simply floated the idea informally, as reported by the Wall Street Journal in July. We are tracking this closely and will post an update if a proposed rule is published.

08/27/2026

On August 25, 2026, the U.S. State Department directed U.S. Consulates around the world to postpone immigrant visa interviews while consular officers complete new training on public charge screening. The pause applies globally and affects applicants who have already reached the interview stage (or who would reach that stage while the training period is ongoing).

Who is impacted?

The pause applies to all Immigrant Visa interviews globally, i.e. interviews related to consular green card applications. Consular interviews for nonimmigrant visas (e.g. tourist visas, H visas, etc.) are not impacted by the pause. USCIS interviews, including interviews for Adjustment of Status applications, are also not impacted.

Immigrant visa applicants whose interviews have already been scheduled should be alert for communication from the National Visa Center regarding potential rescheduling. Immigrant visa applicants who haven’t yet scheduled an interview may experience a delay in getting the appointment scheduled until the training period concludes.

When will the training period conclude?

The State Department has not announced when the training will conclude, or when appointments will resume on a normal schedule. We are monitoring for further guidance, and will provide updates once concrete timelines and procedural details are available.

08/20/2026

Simon, Choi & Tuohy is proud to announce that each of our three partners — Nicole Simon, Yuah Jessica Choi Kang, and Emma Tuohy — have been recognized in the 33rd edition of The Best Lawyers in America® for 2027 for Immigration Law.

Recognition in Best Lawyers® is based entirely on peer review. Each year, tens of millions of confidential evaluations from other top-tier attorneys are collected and analyzed, and only a small percentage of lawyers nationwide are included. No fee or application secures a listing; inclusion reflects the standing our attorneys hold among their peers in the field.

Our recognized attorneys:

Nicole Simon — recognized in the 2027 edition of The Best Lawyers in America® for Immigration Law; recognized annually since 2015

Yuah Jessica Choi Kang — recognized in the 2027 edition of The Best Lawyers in America® for Immigration Law; recognized annually since 2024

Emma Tuohy — recognized in the 2027 edition of The Best Lawyers in America® for Immigration Law; recognized annually since 2024

This recognition reflects the depth of experience our attorneys bring to employment-based immigration, family-based petitions, and the full range of matters we handle for clients navigating the U.S. immigration system. We’re grateful to the colleagues whose confidence in our work made this possible, and to our clients, who continue to trust us with some of the most consequential decisions in their lives.

To learn more about The Best Lawyers in America® and browse the full list of honorees, visit bestlawyers.com.

Simon, Choi & Tuohy

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