Stay Denied In Federal Suit Challenging H-1B Fee Policy As Agencies Appeal Vacatur
A court denied a stay sought in the federal lawsuit challenging the H-1B $100,000 fee policy, while the agencies' appeal of the vacatur continues, Mealey's reports.
Official updates on H-1B, F-1, OPT, CPT, STEM OPT, PERM and I-140, pulled from USCIS, the Federal Register, ICE/SEVP, DOL, and the White House, plus major news on lawsuits and court rulings.
A court denied a stay sought in the federal lawsuit challenging the H-1B $100,000 fee policy, while the agencies' appeal of the vacatur continues, Mealey's reports.
A Department of Labor rule overhauling the PERM labor certification process for employment-based green cards has cleared White House (OIRA) review, Bloomberg reports, a procedural step that clears the way for the proposed rule to be published.
Cloudera settled a lawsuit with the Trump administration, agreeing to pay $2 million and accept a two-year ban on filing PERM labor certifications for green card sponsorship, American Bazaar reports.
Bloomberg reports the U.S. Department of Labor barred Cloudera from filing PERM green card applications for two years, affecting employees relying on the company's employment-based green card sponsorship.
A federal appeals court rejected the appeal of Dr. Rasha Alawieh, a Rhode Island kidney transplant physician who was deported in 2025 despite holding a valid H-1B visa, the Boston Globe reports.
A new bill introduced in Congress would raise the required H-1B wage threshold to as much as $140,000, Newsweek reports. If enacted, it would significantly raise the cost of sponsoring H-1B workers for employers.
Higher Ed Dive reports the Trump administration has revived legal action over the deportation of international students based on their speech, escalating an ongoing court fight affecting F-1 visa holders.
DHS finalized, without changes, its interim rule ending automatic extensions of Employment Authorization Documents for people who file a renewal application, which affects H-4 spouses and green-card applicants with pending I-485s; the rule text does not address F-1 OPT/STEM OPT EADs.
DHS proposes removing the longstanding policy of deference to prior USCIS approvals involving the same facts when adjudicating extension requests, which would require H-1B and other nonimmigrant worker extension petitions to be re-proven from scratch each time.
Newsweek reports that H-1B visa renewals will face tougher USCIS reviews under a Trump administration proposal to end the agency's deference to prior approvals of H-1B workers.
DHS proposed removing the deference previously given to prior USCIS approvals when adjudicating H-1B extension petitions, which could lead to increased scrutiny on renewals, Bloomberg reports.
DHS issued a rule ending automatic extensions of expiring employment authorization documents for immigrant (green-card-track) applicants, Bloomberg reports, which could leave affected applicants without valid work authorization while renewals are pending.
A federal appeals court ruled against the Trump administration, upholding a block on the proposed $100,000 H-1B visa fee policy, Bloomberg reports. H-1B employers and workers are affected by the continued block on the fee.
The Trump administration is seeking an expedited appeal of the court order blocking its rule setting fixed time limits on international students' stay in the U.S., The PIE News reports.
Vice President Vance said the U.S. will suspend green-card sponsorship for Microsoft's H-1B visa workers, Forbes reports.
The Trump administration blocked major tech companies, including Microsoft, from using the H-1B PERM green-card sponsorship program, Newsweek reports.
DHS proposed new OPT fees of $70,000 for initial Optional Practical Training and $30,000 for each subsequent OPT period for F-1 students using SEVP-certified institutions.
DHS published a proposed rule imposing new fees on Optional Practical Training (OPT) work authorization for F-1 students, reported as up to $70,000 for initial OPT and additional fees for renewals.
DHS proposed a rule that would charge F-1 students a $70,000 fee for initial OPT participation and $30,000 for OPT extensions, Higher Ed Dive reports.
The Trump administration plans to charge international students $70,000 for OPT work authorization under a new DHS proposed rule, Reuters reports.
DHS published a proposed rule imposing new fees on Optional Practical Training (OPT) work authorization for F-1 students, reported as up to $70,000 for initial OPT and additional fees for renewals.
DHS is proposing a new $70,000 fee for an international student's initial period of Optional Practical Training and a $30,000 fee for subsequent OPT periods, American Bazaar reports. The proposal would affect F-1 students seeking to work in the US after graduation under OPT.
DHS proposed a new fee, reported as $100,000, on the foreign-graduate work program (OPT), which would affect F-1 international students seeking post-completion work authorization, Bloomberg reports.
DHS proposed a $70,000 fee for Optional Practical Training work authorization for international students, Boundless reports.
A federal appeals court questioned the Trump administration's attempt to block Harvard University from enrolling international students, Politico reports.
Colleges have filed a legal challenge against an ICE/DHS policy tightening the student work-option program, Bloomberg Law reports. F-1 students relying on OPT or CPT work authorization are affected.
A new bill introduced in Congress would hit employers with fines of up to $250,000 for misusing the H-1B visa program, Newsweek reports.
DHS has appealed a federal court order blocking its rule imposing fixed time limits on international students' stay, Inside Higher Ed reports. F-1 students' duration-of-status status remains in flux pending the appeal.
A federal court issued a new order blocking the government from implementing the $100,000 H-1B visa fee, Ogletree Deakins reports.
A federal judge in Boston ordered higher education leaders and the Trump administration to submit a scheduling 'roadmap' in the international student visa case, the Boston Globe reports.
A federal judge halted the Trump administration's memos implementing the $100,000 H-1B worker fee, Bloomberg Law reports, dealing a setback to the policy.
A presidential executive order directs agencies to strengthen program integrity and interagency coordination in administering the H-1B visa program, citing concerns about misuse of the program. It affects H-1B visa holders, applicants, and sponsoring employers.
A presidential proclamation continues and extends the September 19, 2025 restriction on entry for certain H-1B nonimmigrant workers, citing continued program abuse. It affects H-1B visa holders and applicants seeking to enter the United States.
DHS proposes eliminating the discretionary up-to-60-day grace period that currently lets nonimmigrant workers (including H-1B holders) and their dependents remain in the US after their job ends before their status expires. If finalized, workers who lose their jobs would need to find new employment, change status, or depart immediately rather than having a grace period buffer.
DHS proposes a $103,265 fee for all H-1B cap-subject petitions including advanced degree exemption holders. Affects all H-1B applicants.
USCIS revised Forms I-539 and I-765 effective September 15, 2026 to align with new academic student procedures. Old form editions will be rejected, affecting F-1 and OPT applicants.
USCIS issued an interim final rule enabling mandatory electronic filing for certain immigration benefit requests. This modernizes the system for H-1B, F-1, OPT, and other visa petitions and applications.
DHS clarified that the 9-11 Biometric Entry-Exit Fee now applies to all H-1B extension of status petitions, regardless of employer change, in addition to initial petitions. H-1B extension applicants must pay this fee.
Key information for new F-1 students arriving in the US, including visa entry procedures and initial status documentation requirements.
USCIS reached FY 2027 H-1B cap: 65,000 regular allocations and 20,000 advanced degree exemptions. No further petitions accepted for FY 2027.
DHS finalized a rule changing F-1, J, and I visas from duration-of-status to fixed-time-period admission with new extension procedures. F-1 students now have a specific departure date rather than staying for the duration of their program.
DHS finalized updates to alien registration forms and procedures, designating a general registration form and adjusting accepted registration evidence. H-1B, F-1, and all other visa holders must comply with new registration requirements.
DHS published FAQs on a final rule establishing fixed admission periods and extension procedures for F-1 students, replacing unlimited 'duration of status'. F-1 students must now track specific admit-until dates and request extensions to maintain valid status.
Effective July 17, 2026, F-1 students shifted from unlimited 'duration of status' to fixed time-period admissions with defined extension procedures. Students must manage specific admit-until dates rather than open-ended authorization to remain in the US.
Two individuals pleaded guilty to H-1B visa fraud conspiracy. Enforcement action against fraudulent H-1B schemes.
USCIS completed FY 2027 H-1B initial registration selection. The cap including master's degree exemption has been reached.
DOL proposes revising prevailing wage calculations for H-1B, H-1B1, E-3, and employment-based green card (EB-2, EB-3) applications using updated OEWS data. This aims to align wages with U.S. worker rates and reduce employer incentives to replace rather than supplement American workers.
FMCSA restricted non-domiciled commercial driver licenses to holders of specific employment-based nonimmigrant visas including H-1B. Foreign nationals on student, tourist, or other visa categories can no longer obtain non-domiciled CDLs.
FY 2027 H-1B initial registration period: March 4-19, 2026. H-1B applicants must register during this window for cap lottery.
DHS implemented a weighted selection process for H-1B cap-subject petitions prioritizing higher-skilled and higher-paid beneficiaries effective FY 2027. This changes how employers and H-1B workers compete in the annual cap lottery.
DHS amended H-1B visa selection process to prioritize higher-skilled and higher-paid beneficiaries. Change aims to protect American worker wages and job opportunities.
Guidance on Form I-983 that F-1 students must complete to request Optional Practical Training (OPT) authorization following degree completion.
USCIS reduced the maximum validity period for Employment Authorization Documents (EAD) for certain alien categories. Workers and OPT/STEM OPT holders using EAD must renew more frequently.