Immigration policy has been in the news lately! Please see below for a short summary of recent changes to U.S. immigration policy that may affect you or your employees:
- The proposed elimination of Duration of Status has been paused. On September 14, 2026, the District Court in Presidents’ Alliance on Higher Education and Immigration v. DHS stopped the implementation of the new policy. Please see our client alert on the proposed elimination of Duration of Status for more information.
- The White House announced on September 18, 2026 that the $100,000 entry fee on H-1B visas would be extended. However, the entry fee is currently not in effect after the Circuit Court denied the government’s request to stop the implementation of the lower court’s decision in State of California v. Mullin while the issue is on appeal.
- DHS published a Notice of Proposed Rulemaking (NPRM) that would eliminate the 60-day grace period for nonimmigrants in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN status who are losing their employment before the end of their authorized period of stay. This rule has not been implemented but the NPRM indicates that this may be a future concern for nonimmigrants who unexpectedly lose their employment.
Please reach out to the Immigration Practice Group at Bernstein Shur with any questions about these new policies and how they may affect you or your employees.