New Public Charge Rule – expanded to include more (any?) means-tested benefits
On July 17, 2026, the Trump Administration published a Final Rule that will change the Department of Homeland Security's policy on how to determine whether a foreign national is likely to become a "public charge" when it goes into effect on September 18, 2026. A public charge is someone who is dependent upon certain social safety net programs, which would generally make them ineligible for Permanent Residency.
Based on the new Final Rule, DHS has announced that they will issue new guidelines and a revised Form I-485 on or before September 18, 2026. We expect that the guidelines will be published in the USCIS Policy Manual and will grant USCIS officers significantly more discretion in determining whether they think a foreign national might become a public charge in the future.
The new Final Rule erases all previous definitions of what constitutes a public charge and instead leaves it up to USCIS interpretation and discretion. It is therefore possible that the Trump Administration could consider receipt of any means-tested benefit to mean that a foreign national will become a public charge in the future, and therefore deny them Permanent Residency.
For a full summary of the new Rule, visit the American Immigration Council's website here.
TPS Updates for August 2026
a. Haiti: Based on the Supreme Court ruling last month, the immigration law field was expecting a decision on July 27, 2026 regarding whether TPS for Haiti has been terminated. As of July 29, 2026, the federal district court that originally head the case has not issued a decision, and the USCIS website is currently reporting that Haitians with TPS do not currently have permission to work. However, in an interview with NPR on July 28, 2026, prominent immigration attorney Ira Kurzban noted that it is possible that the lawsuit will continue in the federal district court. Attorney Kurzban explained that the initial ruling that made its way to the Supreme Court was based on a temporary record and “was not based on the full discovery and full record that was needed in order to establish many of the things that [plaintiffs] were seeking.”
We will continue to provide updates on this lawsuit as we receive them.
b. Venezuela: On July 9, 2026, the Trump Administration asked the Supreme Court to order the Ninth Circuit Court of Appeals to reconsider its previous ruling on TPS for Venezuelans, which was issued before the Supreme Court’s June 2026 holding on TPS for Haiti and Syria. The Trump Administration is requesting that the Ninth Circuit factor in the Supreme Court’s holding and determine that the Trump Administration did permissibly end TPS for Venezuelans. Read a summary of the request from SCTOUSblog here.
Dorcas update – federal district court denies Trump Admin’s motion to stay order
On July 15, 2026, the federal district court for the District of Rhode Island refused to grant the Trump Administration's motion to stay the order that lifted USCIS's 39-country adjudicatory pause. For background, last month the District of Rhode Island held in Dorcas Int'l Institute of Rhode Island, et al v. USCIS that USCIS must resume application and petition adjudications for foreign nationals from the 39 countries named in President Trump's two 2025 Policy Memoranda. The Trump Administration appealed the decision to the First Circuit Court of Appeals, but it also asked the federal district court to stay its order during the appeal with the First Circuit. The federal district court's refusal to do so means that the 39-country adjudicatory pause is still not in effect.
We will continue to provide updates on this lawsuit as we receive them.
Federal district court temporarily blocks Trump’s One Big Beautiful Bill Act from retroactively shortening TPS employment authorization validity
On July 21, 2026, the federal district court for the District Massachusetts temporarily blocked the Trump Administration from implementing certain TPS and asylum provisions in the One Big Beautiful Bill Act ("H.R. 1"), which were set to take effect on July 22, 2026. If implemented, the TPS and asylum provisions in H.R. 1 would have retroactively shortened the employment authorization validity of individuals with TPS and would have imposed severe consequences on asylum applicants who failed to pay a new annual asylum fee, including a rejection of their asylum application, termination of their employment authorization, and placing the asylum applicant in removal proceedings.
The federal district court's temporary order will remain in effect until the court issues a second order no later than August 5, 2026. For more information on the lawsuit, see reporting from Bloomberg Law here.
H-1B Cap season update: no second round of H-1B lottery for FY2027
On July 17, 2026, USCIS announced that it had received enough H-1B petitions to meet the congressionally mandated 65,000 regular H-1B cap and 20,000 U.S. master's degree cap for federal government fiscal year 2027-2028. Therefore, USCIS will not run a second round of the H-1B cap lottery this year. See the USCIS announcement 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 August 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 little to no movement throughout the employment-based Final Action Dates chart:
EB-1:
China: advanced 1 month
India: no change
All Other, Mexico, Philippines: no changes
EB-2: no changes in any categories
EB-3:
China: advanced 10 days
India and Philippines: no change
All Other and Mexico: advanced 1 month
Other Workers:
China, Mexico, and All Other: advanced 1 month
India and Philippines: no change
See the August 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).
$100,000 H-1B fee update: First Circuit refused to reimplement $100,000 fee during appeals process
On July 24, 2026, the First Circuit Court temporarily barred the Trump Administration from imposing the $100,000 Presidential Proclamation fee on certain H-1B petitions. For background on this fee, read our summary post here and our most recent update on the district court ruling here.
In the July 24, 2026 ruling, the First Circuit ruled against the Trump Administration's request to reinstate the $100,000 tax during the appeals process. The $100,000 is therefore currently not in effect. The appeals process will likely take several weeks or longer, and it is possible that the Supreme Court will also pick up the case. We will continue to provide updates on this fee as they become available.
DHS Publishes Final Rule Eliminating duration of Status (D/S) for F-1 and J-1 Students & Imposing other Restrictions on Academic Programs
On July 17, 2026, The US Department of Homeland Security published a Final Rule eliminating the Duration of Status (D/S) program for F, J and I nonimmigrants and imposing several other changes on the academic landscape. This final rule will become effective on September 15, 2026. The Final Rule replaces (D/S) admissions for F-1 and J-1 nonimmigrants, which have been in place since the 1990’s, with fixed end admission dates on their Form I-94 Admission Records. The Rule requires students and exchange visitors to file formal extension applications with USCIS by the end of their admission periods or to travel and re-enter the United States with an I-20 that notes a program extension. It also shortens the F-1 grace period from 60 to 30 days and imposes new limits on educational objective changes.
The Final Rule will almost certainly substantially burden the international scholar offices at universities. Please see below for recommended institution action items to prepare for the Final Rule.
Key changes in the Final Rule include:
Fixed-date admissions:
Instead of being admitted for "duration of status" (D/S), individuals applying for admission in or change of status to either F or J status on or after September 15, 2026 will be admitted for a fixed date, recorded on their Form I-94 admission record.
The nonimmigrant’s "Admit Until Date" (AUD) will be limited to the program end date noted on their Form I-20 or DS-2019, not to exceed 4 years, plus a period of 30 days following their program end date. F-1 and J-1 nonimmigrants may still apply for admission to the US up to 30 days before their program start date, and that this 30-day window before their program start date will not be factored into the 4-year admission maximum.
DHS has reduced the F-1 grace period from the current 60 days to 30 days for F students and dependents who enter or reenter the United States on and after September 15, 2026.
The regulation also results in a change to current policies on how and when F, J, and I nonimmigrants begin accruing unlawful presence for purposes of the three- and ten-year bars applicable to foreign nationals who have been unlawfully present in the United States for over 180 days or over one year, respectively.
Formal USCIS applications to extend stay: Individuals who need time beyond their AUD – such as for a program extension, school transfers, moving academic levels, post-completion practical training (OPT), or curricular practical training (CPT) – will have to timely file an extension of stay application (currently via Form I-539), which imposes an application fee, biometrics, and a possible USCIS interview. Although timely filing an application for an extension of stay will protect students from accruing unlawful presence, students will still technically be removable and therefore at risk for deportation if their extension of stay application is not adjudicated by the time that their current validity period in their underlying nonimmigrant status expires.
Transition provisions: There are transition provisions for F and J nonimmigrants who were admitted for D/S on their Form I-94 and are in the United States when the Final Rule becomes effective on September 15, 2026.
These individuals will not have to immediately apply for a date-certain I-94, but a set authorized period of stay will be imposed on them at some point in the future even if they do not travel internationally. An F-1 or J-1 nonimmigrant’s period of admission will expire on the program end date on their I-20 or DS-2019 that is valid on the Final Rule’s effective date, plus the legacy 60-day grace period for F-1s and 30-day grace period for J-1s. These students therefore must still apply for an extension of stay in order to remain in status beyond the program end date on their current Form I-20 or DS-2019 or OPT EAD card, or four years from the final rule effective date (whichever is shorter) and will also be subject to the new academic restrictions in varied ways.
F-1 students who do not travel will retain their legacy 60-day grace period even after September 15, 2026, but if they exit and reenter the United States or apply for an extension of stay on or after the effective date, CBP will readmit them with a Form I-94 with a date-specific AUD that includes a 30-day grace period.
International travel while extension pending: Depending on the type of documentation presented at the port of entry, F and J students who travel while an extension is pending may either be readmitted (a) for the balance left on their previous admission period or (b) for the extended period requested on the pending extension application. In the former scenario, the pending extension will not be considered abandoned due to travel, but in the latter scenario, the pending extension request will be deemed abandoned because it is no longer necessary.
International travel while change of status pending: The final rule codifies DHS’s longstanding policy that a change of status application will be deemed abandoned if the foreign national travels outside the United States while the application is pending.
Restrictions on transfers and changes of educational objectives:
Undergraduate students may change their educational objectives (e.g., change majors, etc.) or transfer schools only after their first year of study, unless SEVP approves an exception on a case-by-case basis for "extenuating circumstances"
Graduate students can no longer change their educational objectives (i.e., "majors or educational levels") "at any point during their program of study."
Graduate students may be eligible to transfer schools during their program of study, but only if SEVP approves an exception on a case-by-case basis for "extenuating circumstances" ... Note that under the proposed rule, there was no SEVP exception provision for graduate transfers as there is in the Final Rule.
Prohibition on lateral or reverse matriculation: After completing a program at a particular educational level, F-1 students cannot pursue a subsequent program at the same or lower educational level. DHS clarified in the Final Rule that this prohibition on study at the same or lower educational levels applies only to students who complete their first program at the same level after September 15, 2026.
Employment in F-1 and J-1 status:
F-1 students who timely apply for a STEM OPT extension will continue to receive an automatic 180-day extension of their employment authorization; this auto-extension is unchanged by the new regulation.
F-1 students holding employment authorization for on-campus employment, curricular practical training (CPT), or due to economic hardship are eligible for a new automatic extension of employment authorization of up to 240 days upon timely filing of an extension of stay.
J nonimmigrants will benefit from existing rules that provide a 240-day automatic extension of employment authorization upon the timely filing of an extension of stay.
To prepare for the Final Rule taking effect on September 15, 2026, institutions should consider taking the following steps, as recommended by NAFSA:
Quick implementation priorities for the first 30 days after final rule is published
Update offer letters and admitted student communications
Train admissions staff and deploy FAQs
Align messaging with DSO/RO office
Audit program lengths for top-enrolled programs
Publish updated web guidance for prospective students and scholars
Core messaging and recruitment readiness
Develop standard explanation of fixed-date admission vs. prior D/S system
Create brief explanation of I-539 extension requirement
Update recruitment talking points to address program duration limits (max 4 years per admission) and reduced 30-day grace period
Prepare comparison messaging for students evaluating other countries
Align messaging across admissions, international office (DSOs/ROs), and marketing materials
Offer letters and admissions materials
Review all offer/admission letters for immigration-sensitive language
Add notice that admission is tied to the program end date on the I-20/DS-2019 and may require additional USCIS filings
Ensure program length listed is realistic and defensible
Flag programs with variable duration such as PhD, thesis, and clinical programs
Pre-arrival communications
Update admitted student communications to include fixed-date admission explanation and need to file Form I-539 before expiration if applicable
Create a simple timeline showing entry, program, possible extension, and 30-day grace period
Add FAQ covering what happens if more time is needed, whether transfers are allowed, and what happens after graduation
Coordination with international office (DSO/RO)
Establish joint admissions–DSO protocol for program length verification before I-20/DS-2019 issuance and escalation of complex cases
Define roles so admissions handles general framework and DSOs/ROs handle case-specific guidance
Schedule regular coordination meetings during rollout
Academic program alignment
Audit all programs for typical vs. maximum completion time and likelihood of extension needs
Identify high-risk categories such as PhD and research programs, ESL/pathway sequences, and programs with variable timelines
Work with departments to avoid understating program length
ESL and pathway programs
Map ESL and academic progression timelines against the 24-month ESL cap
Identify students at risk of exceeding ESL limits
Revise conditional admission messaging to reflect constraints
Coordinate sequencing with partner and pathway providers
Transfer and mobility advising
Update admissions FAQs on transfers and changes of major or educational objective
Train staff to avoid promising flexibility that may no longer exist
Flag inquiries involving graduate program changes or second degrees at the same or lower level
Cost and financial communication
Add estimated immigration compliance costs to advising materials including I-539 filing fee, biometrics fee, and possible legal costs
Prepare response to questions about additional costs beyond tuition
Coordinate with financial aid offices for consistent messaging
Timing, deferrals, and enrollment management
Develop policy for late arrivals due to visa or extension delays and for deferrals tied to pending USCIS decisions
Identify critical enrollment deadlines that may be impacted
Coordinate with registrar on flexibility options
Employment and outcomes messaging
Update OPT and academic training explanations to reflect possible need for extension of stay
Prepare responses to questions about post-graduation work options
Align messaging with career services and international office
Staff training and risk management
Train admissions staff on core rule changes and limits of their advising role
Develop escalation protocol for referring students to DSOs/Ros
Create internal quick-reference guide for staff
Systems and process updates
Update CRM to flag program length concerns and immigration-sensitive cases
Add internal checklist to application review process for program duration validation and pathway sequencing
Ensure consistent data flow to DSO team
Transition cohort communication
Prepare messaging distinguishing students already in D/S status from those entering under the new rule
Add FAQ addressing whether the rule applies to specific students
Segment communications by student cohort
Early case triage for extension risk
Identify students likely to need additional time soon after the effective date of the final rule
Classify cases by EOS risk (low, medium, high)
Reassess risk periodically (e.g., annually or at midpoint of program)
Develop preliminary strategy for high-risk cases (EOS, transfers, travel/reentry, or program adjustments)
Strategic positioning
Update recruitment materials to emphasize institutional advising support and compliance infrastructure
Prepare country-specific messaging where sensitivity is high
Monitor competitor country messaging
State Dept. Publishes Temporary Final Rule creating fee for requesting expedited B-1/B-2 visa interviews
On June 2, 2026, the State Department published a Temporary Final Rule in the Federal Register announcing its plan to allow for expedited B-1/B-2 visa processing for an additional fee. Under the Temporary Final Rule, B-1/B-2 vis applicants may pay an additional $750 fee to secure a visa appointment within 10 business days. The expedited fee will only be available at limited consular posts.
Read the State Dept.’s Temporary Final Rule here.
State Dept. proposes mass closures of US consulates across Africa
In June 2026, the State Department released an internal memorandum announcing its plan to drastically reduce the number of US consulates in Africa that will process visa applications from 50 locations to 20 “hubs.” The consulates in the “non-hub” countries will remain open but will offer limited services. Many more African nationals wishing to obtain a US visa will now have to travel to another country for a visa appointment, which requires additional time, money, and permission to enter that country.
The 20 African consulates that will become visa “hubs” are:
Abidjan, Ivory Coast
Accra, Ghana
Addis Ababa, Ethiopia
Cape Town, South Africa
Dakar, Senegal
Dar-Es-Salaam, Tanzania
Djibouti, Djibouti
Johannesburg, South Africa
Kampala, Uganda
Kigali, Rwanda
Kinshasa, Congo
Lagos, Nigeria
Lome, Togo
Luanda, Angola
Malabo, Equatorial Guinea
Monrovia, Liberia
Nairobi, Kenya
Port Louis, Mauritius
Praia, Cape Verde and
Yaounde, Cameroon