On September 11, 2026, DHS published a new rule in the Federal register titled “Eliminating the Discretionary 60-day Grace Period,” with comments due 60 days later, which puts the deadline at November 10, 2026. The short version: if this rule is finalized as drafted, a nonimmigrant worker whose employment ends is out of status and...
Chris Prescott
Last October I wrote about the Supreme Court declining to hear Save Jobs USA v. DHS, and I said at the time that the decision did nothing to stop a future administration from revisiting the program through new regulatory action. That is exactly what is now happening. DHS has placed a rule on the Unified...
Aug242026
On August 25, 2026, the Department of Homeland Security (“DHS”) published a Notice of Proposed Rulemaking (NPRM) that would impose a $103,265 fee on H-1B cap-subject petitions. The timing is not a coincidence. It comes one month after the First Circuit refused to let the government reinstate the $100,000 fee created by last September’s presidential...
I’ve been telling people this for a while now: if you own your own company and want to sponsor yourself for an H-1B through it, you do not need a board of directors. No investors. No outside corporate governance. None of it. I’ve said it enough times that people started asking me if I was...
On August 18, 2026, a coalition of university groups and labor unions filed suit in the U.S. District Court for the District of Massachusetts to block the rule ending duration of status that I wrote about last month. They filed a motion for a preliminary injunction along with the complaint. The lawsuit claims that DHS...
On July 17, 2026, DHS published a final rule ending duration of status for F-1 students, replacing it with a fixed admission period capped at four years. I wrote about what that means for Day 1 CPT here. Less than a month later, on August 12, 2026, SEVP issued Broadcast Message BCM 2608-01, “Reminder of...
A rule effective January 17, 2025, changed what’s possible for entrepreneurs and business owners pursuing an H-1B visa. It allows H-1B beneficiaries to self-petition even when they hold a controlling interest in the petitioning entity. For founders and beneficiary-owned businesses, that opened a real path forward. But this path comes with specific documentation requirements. This...
Filing an immigration case has always required patience. Families gather personal records, employers pull together business documents, and applicants spend months and often thousands of dollars preparing forms, translations, and supporting evidence. Through most of the past several years, there was an unwritten safety net built into the process: if something important was missing from...