IMMIGRATION LAW UPDATE: SEPTEMBER RECAP

September brought several important immigration developments affecting international travel, immigrant visa processing, students and exchange visitors, and H-1B and other temporary workers. Here is a brief recap of the changes that may affect you.

Advance Parole and Unlawful Presence

The Board of Immigration Appeals issued a major decision in Matter of Delcarmen-Lara. If you have a pending green card application and previously accumulated more than 180 days of unlawful presence, traveling internationally with Advance Parole may now trigger the three- or ten-year unlawful presence bar. The decision applies prospectively, so if this may apply to you, speak with immigration counsel before leaving the United States.

Immigrant Visa Processing for Nationals of 75 Countries

A federal court in New York struck down the suspension of immigrant visa processing for nationals of 75 countries, finding that applicants must receive individualized public-charge assessments rather than a blanket restriction based on nationality. If your immigrant visa case was affected, processing may resume, although interview delays may continue while consular officers receive updated public-charge training.

F-1 and J-1 Duration of Status Rule Blocked

On September 14, a federal court temporarily blocked DHS from replacing the long-standing duration-of-status framework for F-1 students and J-1 exchange visitors with fixed admission periods and additional restrictions. If you are in F-1 or J-1 status, the existing duration-of-status rules remain in place while the litigation continues.

More Scrutiny for H-1B Employers With Layoffs

The administration directed federal agencies to increase scrutiny of H-1B employers with recent or planned layoffs, including review of prior Labor Condition Applications. If your employer has recently laid off similarly situated U.S. workers or expects layoffs, an H-1B filing may receive closer review, although layoffs do not automatically prevent sponsorship.

$100,000 H-1B Fee Remains Blocked

The administration extended the previously announced $100,000 H-1B fee through September 21, 2027, but the fee remains blocked by court order. On September 30, a federal judge in California issued another ruling preventing federal agencies from enforcing or implementing the fee. If you or your employer are planning an H-1B filing involving a worker outside the United States, the $100,000 proclamation-based fee is not currently being enforced.

Proposed End to the 60-Day Grace Period

DHS proposed eliminating the current discretionary grace period of up to 60 days after employment ends for people in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, along with their dependents. The current grace period remains available because this is only a proposal. If finalized, affected workers could have significantly less time to find a new employer, change status, or depart the United States after employment ends.

RFE Response Deadline Shortened

USCIS shortened the standard response period for many Requests for Evidence from 90 days to 30 days. If USCIS asks for additional evidence in your case, responding quickly is critical because missing the deadline can result in denial.

We’re Here to Help

Immigration rules continue to change quickly. If you have questions about how any of these September developments may affect your case, please reach out to us. We are here to help.

Disclaimer: This newsletter is for informational purposes only and does not constitute legal advice. Immigration law changes frequently, and the information above may not apply to your specific situation. Please consult with a qualified immigration attorney before making any decisions based on this update. Reading this newsletter does not create an attorney-client relationship.