1. F-1 Rules Change September 15
Beginning September 15, F-1 students will transition from the traditional Duration of Status (D/S) framework to fixed periods of admission. For employers, one of the most practical changes will be the increased importance of monitoring the employee’s I-94, particularly after international travel.
Important: A federal lawsuit is seeking to block implementation of the new rule. For now, however, September 15 remains the scheduled effective date, so employers and F-1 employees should continue preparing for the change.
For more information: See our New F-1 Rule: Employer Checklist for OPT & STEM Employees.
New F-1 Rule Employer Checklist
2. Public Charge Rules Change September 18
Beginning September 18, USCIS will return to a broader totality-of-the-circumstances public charge analysis for adjustment-of-status applications subject to the public charge ground of inadmissibility. The new framework gives officers greater discretion to consider the applicant’s individual circumstances.
Employer/Applicant takeaway: Affected green-card filings may require additional documentation and closer pre-filing review under the new standard.
3. $103,265 H-1B Fee? Not Yet.
DHS has proposed, but not implemented, an additional $103,265 fee for cap-subject H-1B petitions. Comments on the proposal are due September 24.
Employer takeaway: There is no immediate filing change. This is one to watch closely.
Also on Our Radar
The September employment-based Visa Bulletin remains volatile, with DOS warning that certain categories could retrogress or become unavailable before the end of the fiscal year.
DOS also confirmed that, as of August 21, the immigrant-visa issuance pause affecting nationals of 75 countries is no longer in effect following a federal court order.
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Practice note: Immigration guidance continues to evolve. This update provides general information, not legal advice. Individual cases should be reviewed based on the employee’s documents, status, travel, and filing history.