Immigration News Roundup – September 1, 2026
Trump administration attempts $103,265 fee on cap-subject H-1B petitions, proposes to eliminate the 60-day grace period, plans to eliminate EAD for H-4 Spouses, and pauses immigrant (permanent residency) visa processing.
DHS Proposes New $103,265 Fee on Cap-Subject H-1B Petitions
On August 24, 2026, DHS announced a proposed rule to establish a $103,265 fee for all H-1B cap-subject petitions. The proposed fee would not apply to H-1B petitions filed for change of employer, extension of stay, amendments or petitions filed by nonprofit research organizations, governmental research organizations, and institutions of higher education. The federal court already blocked a similar fee last June and this new attempt is larger in scope, so its viability is highly questionable.
DHS Proposal to Eliminate 60-Day Nonimmigrant Grace Period Clears Federal Review
DHS has proposed a rule to eliminate the discretionary 60-day grace period provided to certain nonimmigrants (H, L, TN, etc.) whose employment ceases prior to the authorized period (e.g., laid off employees). The next step for the proposal is publication in the Federal Register with a public comment period, which typically takes several months. If the 60-day grace period is eliminated, foreign nationals whose employment ends prematurely would be required to immediately depart the U.S., file for a different status, or file for a change of employer.
Trump Administration Plans to Nix Work Permits for H-4 Spouses
The Trump administration plans to propose a rule to eliminate H4 EADs. There is no target date for its release.
Worldwide Immigrant Visa Pause Expected to Last Until August 31, 2026
The Trump administration has paused immigrant visa processing at U.S. Embassies and Consulates worldwide while consular officers receive training on public charge guidance. The pause is the administration’s response to a federal court ruling that deemed its 75-country immigrant visa suspension unlawful. The administration said the pause is temporary and will not go past August 31, 2026.
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