USCIS registration mandate: noncitizens must carry proof of registration (valid status) at all times, especially for domestic travel
Due to ICE’s new practice of detaining certain noncitizens traveling on domestic flights, we wish to remind all noncitizens of the USCIS registration mandate. As of April 2025, all foreign nationals (including Permanent Residents) fourteen years old and older must register with USCIS and carry proof of their registration at all times. This is now particularly important for domestic flights, as individuals might encounter ICE not only at security but also at the gate.
Most foreign nationals with valid immigration status were already registered as part of their visa and I-94 issuance process. The most common proof of registration includes I-94s (either printed from the CBP website or at the bottom of an I-797 Approval Notice), green cards, and EADs.
DOS publishes Final Rule making the Visa Bond Program permanent
On Monday, August 3, 2026, the State Department published a Final rule that made the B-1/B-2 Visa Bond Program permanent. Under the program, certain nonimmigrants are required to post a bond of up to $20,000 in order to receive a B-1/B-2 visa. See our previous reporting on the Bond Pilot Program here.
Visa Bulletin update
The Department of State publishes a monthly Visa Bulletin which operates as the “waiting list” for green cards (immigrant visas), with an individual’s Priority Date serving as their place in line. The Bulletin identifies all immigrant visa “preference” categories and indicates whether a backlog exists for that category. When a backlog exists, an individual in that category may not apply for a green card (or “adjust status”) until their Priority Date becomes “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin. The Bulletin lists family-based (“FB-”) preference categories and employment-based (“EB-") preference categories. These categories are further separated into two charts: the Final Action Dates chart and the Dates for Filing chart. The Final Action Dates chart indicates whether an individual can expect USCIS to make a decision on their application soon, whereas the Dates for Filing chart, if USCIS chooses to use it that month, indicates whether an individual may file their adjustment application and receive the benefits associated with having a green card application pending with USCIS.
In September 2026, USCIS will be using the Dates for Filing chart for family-based preference categories and the Final Action Dates chart for employment-based categories.
This month, there was no movement in the 1st, 2nd, 3rd, or Other employment based employment categories. See the September 2026 Visa Bulletin here.
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
August 2026 update on the first $100k H-1B fee
After the First Circuit refused to reimplement the Trump Administration’s first $100,000 H-1B tax, USCIS updated its website to acknowledge that that $100,000 tax is not currently in effect. However, USCIS also stated that they intend to collect the $100,000 in any applicable cases if the Trump Administration later wins the lawsuit. A level of risk therefore remains for petitioners to seriously consider prior to submitting H-1B petitions with a request for consular processing, which could later trigger the $100,000 tax.
See our previous posts on the first $100,000 tax here.
DHS to propose New Rule ending 60-day grace period for H-1B workers
On August 6, 2026, DHS submitted to the Office of Management and Budget (“OMB”) a Proposed Rule to end the 60-day grace period for H-1B workers whose employment ends before their H-1B validity end date. The text of the Proposed Rule is not yet available, and the Rule is not yet effective. We will provide updates on this matter as they become available.
DHS proposed new $103k fee for cap-subject H-1B petitions
On August 25, 2026, DHS published a Proposed Rule that would create a new $103,265 filing fee for cap-subject H-1B petitions. DHS states that the fee “would serve as a dedicated revenue mechanism to help recover a portion of the federal government’s costs of administering the lawful immigration system, including activities carried out by DHS, the U.S. Department of Justice (DOJ), the U.S. Department of State (DOS), and the U.S. Department of Labor (DOL).”
This new fee would be due at the time of filing and would be in addition to all currently existing USCIS filing fees for H-1B cap petitions. Both the 20,000 “master’s cap” and 65,000 “regular cap” lotteries would be subject to the fee, but the fee would not apply to cap-exempt institutions and H-1B petitions that have already been counted in the lottery.
This Proposed Rule would all but decimate the H-1B cap lottery program, making it nearly impossible for businesses to reasonably hire H-1B workers. Litigation similar to the previous $100k H-1B tax lawsuits is expected, but it is likely that this $103k H-1B cap fee will be in effect for the FY2028 H-1B cap season.
DHS has given individuals, companies, organizations, and other entities 30 days (until September 24, 2026) to comment on the Proposed Rule. Iandoli Desai & Cronin highly encourages those who will be impacted by the Proposed Rule to submit a comment on the Federal Register website.
Read the Proposed Rule or submit a comment here.
SEVIS Broadcast Messages introduce guidance that substantially narrows what qualifies as valid CPT
On August 12 and August 24, 2026, the Student and Exchange Visitor Program published two Broadcast Messages to Designated School Officials (“DSOs”) at academic institutions which introduced guidance that severely restricts what SEVP counts as valid Curricular Practical Training (“CPT”), which is the employment authorization program that allows F-1 international students to pursue internships and other experiential learning opportunities during their academic programs. In the first Broadcast Message, SEVP shared a “reminder” that DSOs should only authorize CPT for students “if its absence would make the attainment of a degree an impossibility and if the work associated with CPT is required for all students pursuing that degree.” In a subsequent message on August 24, 2026, SEVP released guidance for DSOs to use when issuing CPT. This second message states that, in addition to the program needing to be “an integral part of an established curriculum,” any instance where the elective course is optional, “the integral and required aspects of CPT would not be met” and therefore issuing CPT would not be permissible. The message further states that the practical training must be required of all students in order for the CPT authorization to be valid.
Trump Administration sues Massachusetts and other states over state laws that provide in-state tuition to undocumented students
On August 10, 2026, The U.S. Department of Justice (“DOJ”) sued the states of New York, Connecticut, and Vermont for allowing undocumented students to claim in-state tuition benefits. The Trump Administration claims that these laws “unconstitutionally discriminate against U.S. citizens who are not afforded the same reduced tuition rates or scholarships, create incentives for illegal immigration, and reward illegal aliens with benefits that U.S. citizens are not eligible for, all in direct conflict with federal law.” DOJ similarly sued the Commonwealth of Massachusetts on June 29, 2026 for its own in-state tuition benefit law. See our previous post here about similar Trump Administration lawsuits attacking in-state tuition for students with TPS and DACA .
Read the DOJ’s press release on the NY/CT/VT lawsuit here and Boston Globe reporting on the MA lawsuit here.
DOS publishes Proposed Rule on changes to J-1 program
On July 30, 2026, the Department of State (“DOS”) published a Notice of Proposed Rulemaking to amend the following provisions of the J-1 Exchange Visitor Program:
Exchange visitors will only have 30 days to correct SEVIS errors, instead of 120 days;
DOS can now terminate an exchange visitor’s program if their visa is revoked or canceled, or if they engage in unauthorized employment;
Program sponsors will now be required to terminate a J-1 exchange visitor’s program if the J-1 visitor falsifies information or documents or does not provide full and completely truthful information.
See the Federal Register Notice here.
Coalition of education associations and union organizations sue Trump Administration over D/S Elimination Final Rule
On August 18, 2026, a coalition of education associations and union organizations filed a lawsuit against the Trump Administration in the U.S. District Court for the District of Massachusetts challenging the Department of Homeland Security’s elimination of Duration of Status (“D/S”) for F-1 and J-1 nonimmigrants. The lawsuit argues that the Trump Administration violated the Administrative Procedure Act because it failed to properly weigh the costs and benefits associated with eliminating D/S, did not meaningfully respond to the public comments submitted during the Proposed Rule phase, did not consider less burdensome alternatives, and did not adequately justify the rule based on the stated objectives. Plaintiffs also argued that DHS exceeded its statutory authority with the new Rule.
In conjunction with the lawsuit, plaintiffs have filed a motion for a preliminary injunction to pause the Final Rule from becoming effective on September 15, 2026. As of August 27, 2026, the federal district court has not yet ruled on the motion for a preliminary injunction.
For more information on the lawsuit, see the press release from the Presidents’ Alliance on Higher Education and Immigration here.