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.
DHS proposes to delete 8 CFR 214.1(l)(2), the up-to-60-day grace period after job loss for E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1 and TN workers and their dependents (H-4, L-2, O-3, E, TD). If finalized, status ends the day employment ends unless another basis to stay exists. The 10-day grace periods before and after the petition validity window (214.1(l)(1)) are not touched. Still in effect until a final rule takes effect.
中文DHS 提议删除 8 CFR 214.1(l)(2),即失业后最长 60 天的 grace period,涉及 E-1、E-2、E-3、H-1B、H-1B1、L-1、O-1、TN 及其家属(H-4、L-2、O-3 等)。若最终生效,失业当天身份即终止,除非有其他合法身份依据;签证有效期前后的 10 天 grace period 不受影响。目前仍是提案,评论期至 2026 年 11 月 10 日,规则尚未生效。
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 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.
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.