Written/Reviewed By:
Jimmy LaiLast Updated: Oct 21, 2026
Read Time - Est: 3 mins
Welcome to this week’s immigration update. September has been busy: several new rules are already taking effect, and more proposals are still moving through the pipeline. Below, we walk through what changed and what it means for you.
Public Charge & Form I-485
Starting today, USCIS will use a tougher test when deciding if you are likely to become a “public charge” meaning someone who depends on the government for support. Officers will look at your whole situation: age, health, family, income, education, and job skills. They can also consider whether you have used or applied for certain benefits like Medicaid, food stamps, or housing assistance.
Most family-based and many employment-based green card applicants are affected. Refugees, asylees, and VAWA self-petitioners are exempt.
New F, J & I Status Rules
This week, a court put a new immigration rule on hold. The rule was supposed to start on September 15, 2026. It would have changed the way students, exchange visitors, and foreign media workers are allowed to stay in the U.S.
Right now, the old rules still apply. That means students and exchange visitors can still stay as long as they are in school or their program. The other parts of the new rule are also on hold while the lawsuit continues.
If you are a student, you can relax for now.
Additional H-1B and L-1 Fees
Certain employers now have to pay extra fees when they file H-1B or L-1 petitions. This applies to employers with 50 or more employees in the U.S. where more than half of those employees are in H-1B or L-1 status.
The extra fees are:
$4,000 for H-1B petitions
$4,500 for L-1 petitions
These fees also apply when the employer is extending a worker’s status.
RFE Response Deadline Now 30 Days
USCIS has shortened the time to respond to a Request for Evidence (RFE) from 90 days to 30 days.. If we need documents or information from you, we will reach out. Please respond as quickly as possible so we can file your response before the deadline. Missing the 30-day window results in an automatic denial, so timeliness is critical.
DHS Proposal to Eliminate 60-day Grace Period
This week, DHS published a proposal to eliminate the 60-day grace period for people in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, and TN status, along with their dependents. If finalized, workers who lose their job would have to leave the U.S. immediately without time to look for a new job, transfer status, or wrap up affairs.
This is a proposal only. We are tracking this closely and will update you if it moves forward.
We’re Here to Help
Immigration rules are changing quickly. If you’re unsure how any of this applies to you, don’t guess, reach out. We’re happy to review your situation and help you plan next steps.
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.
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