United States Immigration Policy Update – October 8, 2026

Welcome to this week’s immigration update! October has already brought several important developments affecting international students, employment-based green cards, and immigration applications. Some changes are taking effect, while others are still proposals or being challenged in court. Here is what you need to know.

Proposed $70,000 OPT Fee

The Department of Homeland Security has proposed new fees for Optional Practical Training (OPT), which allows eligible international students to work in the United States.

Under the proposal, schools would pay $70,000 for an initial OPT recommendation and $30,000 for later recommendations, including STEM OPT extensions.

This is only a proposal. The new fees are not currently in effect.

Major Technology Companies Suspended from PERM Program

On October 8, the Department of Labor announced that eight major technology companies, including Microsoft, Adobe, Infosys, and Cognizant, were suspended from the PERM labor certification program over allegations of fraud.

PERM is an important step in obtaining many employment-based green cards.

The government says it will stop accepting new PERM applications and processing pending applications involving these companies. Employees sponsored by these companies may face delays in their green card process.

Immigration Filing Fees Changing October 16

USCIS has announced increases to certain immigration filing fees, effective October 16, 2026.

The changes affect specific immigration applications, including certain asylum and work authorization filings. Not all filing fees are increasing.

New Lawsuit Challenges Green Card Application Policies

On October 5, a federal lawsuit was filed challenging two USCIS policies introduced in May and August 2026.

The May policy directs immigration officers to treat an applicant’s decision to apply for a green card from inside the United States, rather than through a U.S. consulate abroad, as a negative factor. Applicants may need to show unusual or outstanding circumstances to overcome that factor.

The August policy allows USCIS to deny applications without first giving applicants an opportunity to submit additional evidence in certain circumstances.

Both policies remain in effect while the lawsuit continues. We will continue monitoring the case for updates.

We’re Here to Help

If you have questions about how any of these developments may affect your immigration 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 decisions based on this update. Reading this newsletter does not create an attorney-client relationship.