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Simon, Choi & Tuohy
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IMMIGRATION LAW UPDATE
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September 2026 Recap • Covering September 1 – 30, 2026
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September brought a mix of employer-side enforcement changes, a major court win for international students, and routine but important USCIS updates. Here is an overview of important updates from the month, and what we're watching heading into October.
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VISA BULLETIN • SEPTEMBER 29
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October 2026 Visa Bulletin: New Fiscal Year Brings Movement, and Some Retrogression
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The State Department released the October 2026 Visa Bulletin on September 29, just days before the month began. With the new fiscal year starting October 1, a fresh allocation of immigrant visa numbers moved many priority date cutoffs forward, although some employment-based categories for "Rest of World" applicants retrogressed. USCIS directed all applicants to use the Dates for Filing chart when determining whether they can file for adjustment of status in October.
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See the full charts →
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EMPLOYER-SPONSORED VISAS • SEPTEMBER 21
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H-1B $100,000 Fee Extended, Plus a New Executive Order Targeting Employer Layoffs
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On September 18, the administration extended the $100,000 H-1B fee for another year, through September 2027 (it still applies only to new petitions for workers abroad, not extensions or changes of status for workers already here). A companion executive order goes further: it directs USCIS, the Department of Labor, and the State Department to weigh an employer's layoffs over the past year — and any planned ones — at every stage of the H-1B process, and brings in the Departments of Commerce and Education and the SBA to cross-check wage, credential, and business data. Employers with layoffs in their recent history should expect closer scrutiny on new filings.
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Read the full alert →
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COURT WATCH • SEPTEMBER 14
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Federal Court Blocks DHS Rule Ending "Duration of Status" for F-1 and J-1 Students
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Blocked one day before it would have taken effect
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A federal judge in Massachusetts issued a nationwide preliminary injunction blocking a DHS rule that would have replaced "duration of status" with a fixed admission period for F-1 students and J-1 exchange visitors. The rule was set to take effect September 15; for now, D/S remains in place while the underlying case continues, with a status conference scheduled for October 2. This is a pause, not a final resolution — students and institutions should keep documentation current and avoid assuming the fixed-period framework is gone for good.
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Read the full alert →
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EMPLOYMENT-BASED VISAS • SEPTEMBER 11
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DHS Proposed Rule Would End the 60-Day Grace Period After a Job Ends
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Since 2017, workers on employment-based nonimmigrant visas have had a discretionary 60-day grace period to find new employment, change status, or depart after their job ends. DHS has now proposed eliminating that cushion. If finalized, workers who lose their jobs could face a much tighter window to act — worth watching closely for anyone in H-1B, L-1, or similar status.
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Read the full alert →
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FAMILY-BASED IMMIGRATION • SEPTEMBER 1
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USCIS Issues New Affidavit of Support Form
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On August 31, USCIS published a new version of Form I-864, Affidavit of Support. After initially providing no grace period, USCIS ultimately accepted the prior version of the form throughout September, with the new version becoming mandatory as of October 1st. The update also addresses how a sponsor's credit freeze or security freeze can affect the review of their affidavit. Anyone preparing a family-based or marriage-based green card application should confirm they're using the current form version before filing.
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Read the full alert →
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ALSO THIS MONTH
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Sept. 10 — TPS for El Salvador passed its scheduled September 9 expiration without a clear resolution. Read more
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FIRM NEWS
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On September 2, partner Nicole Simon was quoted on the Trump administration's floated $100,000 OPT fee, drawing on her dual role as a practicing immigration attorney and Lecturer in Law at the University of Pennsylvania Carey Law School.
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Questions about how any of this affects your case? Reply to this email or reach us at 215.925.0705.
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Simon, Choi & Tuohy
190 N. Independence Mall West, Suite 501 (6th & Race Sts.), Philadelphia, PA 19106
215.925.0705 | info@lhscimmigration.com
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This newsletter is provided for informational purposes only and does not constitute legal advice. Full disclaimer
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