A September 18, 2026 presidential executive order, “Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program,” directs DOS, DOL, and DHS to coordinate more closely in administering the H-1B program and to consider an employer’s layoffs of U.S. workers at several stages of the H-1B process, and directs DOL to review previously filed LCAs for possible enforcement action.

On September 19, 2025, President Trump signed Proclamation 10973 titled Restriction on Entry of Certain Nonimmigrant Workers which sought to restrict the entry to the United States of H-1B specialty occupation workers unless employers paid an extra $100,000 fee under certain conditions. The proclamation was set to expire 12 months after the September 21, 2025 effective date, but the President issued a new proclamation on September 18, 2026 that extends the 2025 Proclamation "for an additional 12 months, until 12:00 a.m. eastern daylight time on September 21, 2027."

On September, 14, 2026 the Department of Labor (DOL) submitted a proposed rule package on the PERM permanent labor certification program for OMB/OIRA review.

On September 14, 2026, a federal district court in Massachusetts issued a preliminary injunction postponing implementation of the DHS final rule that was scheduled to take effect on September 15, 2026 and replace duration of status (D/S) with fixed periods of admission for F, J, and I nonimmigrants. The injunction postpones implementation during the litigation, “pending further order of this court or resolution of this proceeding on the merits.” As a result, the existing D/S regulatory framework remains in effect and continues to govern all aspects of F and J practice. The final rule’s fixed-date admission system, related extension-of-stay requirements, transition provisions, shortened grace periods and OPT filing periods, and restrictions on academic mobility therefore do not become operative on September 15. Because the court enjoined implementation before the final rule took effect, the existing D/S regulations did not need to be reinstated or revived; they simply remain the operative regulations unless and until the court or subsequent appeals permit the final rule to take effect.

On September 11, 2026, OMB/OIRA completed its review of a DHS/ICE proposed rule titled, Optional Practical Training Fees. This rule making was not included in the most recent Regulatory Agenda, and DHS has made available no other information regarding the package. However, media outlets had earlier reported that DHS may be planning to charge an exorbitant fee ($100,000) for filing an application for F-1 optional practical training (OPT), a staple of the F-1 student nonimmigrant category that allows students who complete a course of study to engage in one to three years of employment in their major field of study following their programs. The next step will be for DHS to publish the proposed rule in the Federal Register with a public comment period.

The Student and Exchange Visitor Program (SEVP) is in the process of updating the Student and Exchange Visitor Information System (SEVIS) to implement changes called for by the final DHS rule eliminating duration of status (D/S). The final rule is scheduled to go into effect on September 15, 2026, and SEVP is planning for SEVIS Release 6.89.1 to go into effect on September 15, 2026 to include changes like separate F-1 functionalities for recommending a program extension (i.e., extension of the program end date) and recommending an extension of stay (EOS) in cases where an I-539 will be needed to extend the student's AUD to cover the period of program extension. The EOS recommendation would also be used for other actions that result in an extended program end date, such as transfer-in I-20s, reinstatements, moving levels, etc. when those actions also require an EOS.

The Student and Exchange Visitor Program (SEVP) updated its set of "duration of status" (D/S) rule FAQs. The updates are clarifying updates and do not appear to introduce any surprises. They also incorporate some procedural aspects in line with the expected SEVIS release that will happen on September 14 at 8 pm to be ready on September 15.

Secretary of State Marco Rubio removed Syria from the list of State Sponsors of Terrorism effective August 24, 2026, in response to Executive Order 14312 of June 30, 2025, Providing for the Revocation of Syria Sanctions, which instructed the Secretary to “take all appropriate action to review the designation of Syria as a State Sponsor of Terrorism.” The country had been on the state sponsor of terrorism list since December 29, 1979. Three countries now remain on the list: Cuba, Iran, and North Korea.

On August 24, 2026 the Department of Homeland Security  (DHS) submitted an H-1B specialty worker-related proposed rule to the Office of Management and Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) for review. Titled Reforming the H-1B Nonimmigrant Visa Classification Program, the package abstract included in the 2026 regulatory agenda says: "DHS proposes to reform the H-1B program by revising eligibility for cap exemptions, providing greater scrutiny for employers that have violated program requirements, and increasing oversight over third party placements, among other provisions. These changes are intended to improve the integrity of the H-1B nonimmigrant program and better protect U.S. workers’ wages and working conditions."

On August 12, 2026 and in an August 24, 2026 follow-up, the Student and Exchange Visitor Program (SEVP) published two broadcast messages that significantly narrow F-1 Curricular Practical Training (CPT) eligibility standards, saying at one point that CPT may be granted only if the CPT training "is indeed a core and essential part of the student’s studies, without which, they would be unable to complete their degree." The Broadcast Messages also outlines possible consequences and DSO and school liabilities regarding CPT practices if it determines that "school officials are abusing CPT to create work opportunities rather than academic studies."