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Proposed DHS Rule Could Change How International Students Maintain F-1, J-1 Visa Status

Jackson Lewis P.C.·

Takeaways DHS rule cleared by the White House and would replace the long-standing “duration of status” (D/S) framework with fixed admission periods. Extension filings and increased government oversight may create additional administrative burdens and uncertainty for visa holders. The proposal has not been finalized, and the current D/S system remains in effect. A proposed Department of Homeland Security (DHS) rule that recently cleared White House review could fundamentally change how internati…

Trump Administration Appeals Ruling Striking Down $100,000 H-1B Fee Requirement

Ogletree Deakins·

On June 11, 2026, the Trump administration filed a notice of appeal challenging the U.S District Court for the District of Massachusetts’s June 8, 2026, decision vacating the $100,000 H-1B fee requirement. Judge Leo T. Sorokin granted the government’s motion to stay the decision pending appeal.

July 2026 Visa Bulletin Shows Unavailability in India EB-2 Final Action Dates

Ogletree Deakins·

The U.S. Department of State’s July 2026 Visa Bulletin shows that visas are unavailable for the India EB-2 category and mixed movement from the June 2026 Visa Bulletin in other categories.

Federal Court Vacates $100,000 H-1B Fee

Jackson Lewis P.C.·

Takeaways A federal district court in Massachusetts ruled on Monday that the $100,000 fee President Trump imposed on certain H-1B petitions constitutes an unlawful tax and vacated the fee in its entirety. President Donald Trump’s Sept. 19, 2025, Presidential Proclamation, “Restriction on Entry of Certain Nonimmigrant Workers,” introduced a new $100,000 fee requirement for new... Continue Reading

India Per-Country Limit Reached in the EB-2 Category for FY 2026

Ogletree Deakins·

The U.S. Department of State announced on May 22, 2026, that all available immigrant visas in the Employment-Based Second Preference (EB-2) category for applicants chargeable to India had been issued for fiscal year (FY) 2026. Embassies and consulates may not issue EB-2 visas to India-chargeable app

USCIS Requires Final Action Dates for Employment-Based Filings in June 2026

Ogletree Deakins·

The U.S. Department of State’s June 2026 Visa Bulletin confirms that U.S. Citizenship and Immigration Services (USCIS) will again require use of the Final Action Dates chart—rather than the more permissive Dates for Filing chart—for employment-based adjustment of status filings. This determination m

DHS Rule Proposing Changes to F, J, and I Visa Programs Under Final Review

Ogletree Deakins·

The U.S. Department of Homeland Security’s (DHS) proposed rule that would eliminate the longstanding duration of status system for individuals admitted as foreign students, exchange visitors, or representatives of foreign media has been submitted to the Office of Information and Regulatory Affairs (

H-1B Lottery 2027: Selection Outcomes and Next Steps (Podcast)

Ogletree Deakins·

In this podcast, shareholders Meagan Dziura (Raleigh) and Kara Lancaster (Raleigh) discuss the results of this year’s H-1B lottery. Kara and Meagan highlight a major change: the introduction of a wage-weighted selection system, which gives higher-paid workers better odds of being selected. They also

Justice Department Targets Visa Preference in Job Ads

Ogletree Deakins·

On April 6, 2026, the U.S. Department of Justice’s (DOJ) Immigrant and Employee Rights Section announced a settlement with an IT staffing firm over allegations that language used in job advertisements reflected a preference for H-1B visa holders. The DOJ claimed the job ads constituted employment di

USCIS Completes Fiscal Year 2027 H-1B Lottery

Ogletree Deakins·

On March 31, 2026, U.S. Citizenship and Immigration Services (USCIS) announced the completion of the selection process for the H-1B cap lottery for fiscal year (FY) 2027.

DOL Proposed Rule Would Increase Wage Levels for H-1B Visas, PERM Labor Certifications

Ogletree Deakins·

On March 26, 2026, the U.S. Department of Labor (DOL) issued a notice of proposed rulemaking (NPRM) that proposes significant changes related to how prevailing wages are calculated for employers seeking to hire foreign workers under H-1B, H-1B1, and E-3 visa statuses, as well as permanent labor cert

State Department’s Visa Bond Program: 12 New Countries Added to the List

Ogletree Deakins·

The U.S. Department of State announced an update to its “ Countries Subject to Visa Bonds ” notice on March 18, 2026, expanding the pilot program to include twelve additional nations. Under the visa bond pilot program, certain B-1/B-2 visitor visa applicants from subject nations may be required to p

One Big Beautiful Bill’s Impact on TPS Work Permits

Littler·

One Big Beautiful Bill’s Impact on TPS Work Permits On July 4, 2025, President Donald Trump signed into law H.R. 1, the " One Big Beautiful Bill Act ." This federal budget reconciliation law addresses various issues including tax policy, border security and immigration, defense, energy production, t

Significant Forward Movement in April 2026 Visa Bulletin

Ogletree Deakins·

The U.S. Department of State’s April 2026 Visa Bulletin shows significant advancement for most countries and preference categories. U.S. Citizenship and Immigration Services (USCIS) will continue to accept employment-based adjustment of status filings based on the Dates for Filing chart in April 202

Diversity Visa Lottery Selection Opens on March 11, 2026

Ogletree Deakins·

The U.S. Diversity Visa (DV) program, established by the Immigration Act of 1990 and known as the “ Diversity Lottery ,” aims to increase immigrant diversity by selecting individuals from countries with historically low U.S. immigration rates. Annually, 55,000 immigrant visas are distributed through

B-1 Visa Updates: New Specialized Trainers Category for Foreign Nationals

Ogletree Deakins·

The U.S. Department of State recently updated the Foreign Affairs Manual (9 FAM 402.2) to expand and clarify the scope of B-1 visa eligibility for foreign nationals providing after-sales services and training to U.S. workers. These updates introduce a new “Specialized Trainers” category and refine t

March 2026 Visa Bulletin Brings Meaningful Forward Movement

Ogletree Deakins·

The U.S. Department of State’s March 2026 Visa Bulletin shows significant advancement for almost all countries and preference categories. U.S. Citizenship and Immigration Services (USCIS) will continue to accept employment-based adjustment of status filings based on the Dates for Filing Chart in Mar

Texas Freezes Filing of New H-1B Petitions by State Agencies and Public Institutions of Higher Education

Ogletree Deakins·

On January 27, 2026, Texas Governor Greg Abbott issued a letter directing Texas state agencies controlled by gubernatorially appointed heads and public institutions of higher education to freeze the initiation or filing of “new” H-1B petitions until May 31, 2027, which is the end of the Texas Legisl

DHS and DOL Authorize 64,716 Supplemental H-2B Visas for FY 2026

Ogletree Deakins·

The U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) have published a temporary final rule authorizing 64,716 additional H-2B visas for the remainder of fiscal year 2026.

USCIS Announces H-1B Cap Registration Period for FY 2027

Ogletree Deakins·

On January 30, 2026, U.S. Citizenship and Immigration Services (USCIS) announced the initial registration period for the 2027 H-1B cap lottery. The registration period will open at noon (ET) on March 4, 2026, and will close at noon (ET) on March 19, 2026.