September 2026 U.S. Immigration Update

September 2026 has brought several critical developments in U.S. immigration law. New public charge regulations are now officially in effect, the administration has introduced additional H-1B measures, and federal courts have stepped in on rules impacting international students and immigrant visa applicants.

At the same time, September 30 marks the end of the federal government’s fiscal year, creating pressing deadlines for green card applicants and Diversity Visa selectees.

One of the biggest hurdles for immigrants and employers today is distinguishing finalized rules from proposals or measures tangled in ongoing litigation. This guide outlines the key changes affecting your employment, green card application, student status, and international travel.

1. H-1B Visa Changes: Additional Fees, Entry Restrictions, and Increased Employer Scrutiny

The H-1B program continues to undergo significant changes affecting U.S. employers and foreign professionals.

On September 18, 2026, the administration extended its earlier H-1B entry restrictions for another year, through September 21, 2027. The proclamation concerns certain H-1B workers outside the United States and includes a $100,000 employer payment, subject to specified exceptions.

However, implementation of that payment requirement remains affected by federal litigation. A federal district court ruled against the requirement in June 2026, and the government appealed. Employers should review applicable court orders and agency instructions before assuming that a specific petition requires payment.

Proposed $103,265 H-1B Fee

Separately, the Department of Homeland Security (DHS) proposed an additional $103,265 fee for cap-subject H-1B petitions, including petitions eligible for the advanced-degree exemption.

The public comment period closed on September 24, 2026. As of September 25, the proposal has not been finalized, and the fee is not currently payable. This is separate from the $100,000 proclamation payment and standard filing fees. Employers should monitor the proposed rule’s progress rather than treat it as an active requirement.

Increased Scrutiny of Sponsoring Employers

An executive order issued on September 18 directs federal agencies to coordinate closely when evaluating H-1B petitions. The order instructs agencies to review whether a sponsoring employer has laid off similarly situated U.S. workers during the preceding year or plans future layoffs affecting those workers. It also expands inter-agency information sharing regarding wages, worksites, and compliance.

Employers should ensure petitions accurately reflect offered roles, wage levels, and job conditions. Businesses contemplating layoffs while sponsoring foreign workers should assess the legal ramifications beforehand.

For additional background, see Kenjay Law’s H-1B fee update.

2. New Public Charge Regulations Are Now in Effect

Effective September 18, 2026, DHS rescinded the 2022 public charge regulations. This change grants immigration officers broader discretion when evaluating whether an applicant is likely at any time to become a public charge under Section 212(a)(4) of the Immigration and Nationality Act (INA).

What Does the Revised Public Charge Rule Mean?

A public charge determination remains a totality-of-circumstances, forward-looking assessment. Officers evaluate an applicant’s:

• Age, health, and family status
• Assets, resources, and overall financial standing
• Education, job skills, and employability
• Legally sufficient Form I-864 (Affidavit of Support), where mandated

Under the revised standard, adjudicators may weigh a wider range of means-tested public benefits, including certain noncash benefits. However, receiving a public benefit does not trigger an automatic denial, and specific humanitarian categories remain statutory exemptions.

Does the New Rule Affect Pending Applications?

The filing date governs application standards:

• Filed before September 18, 2026: Applications properly submitted and receipted generally remain subject to the 2022 framework.
• Filed on or after September 18, 2026: Subject to the new, expanded regulations. Benefits received before this date will be evaluated under the previous rules.

Applicants should not cancel healthcare or required benefits without legal guidance on how the rule specifically impacts their case.

Mandatory New Form I-485

USCIS released a revised Form I-485 with an edition date of September 18, 2026. There is no transition grace period; any application filed on or after September 18 using an older edition will be rejected.

For a deeper analysis, review Kenjay Law’s public charge overview.

3. International Students: Duration-of-Status Rule Postponed, CPT Scrutiny Rises

International students saw two major shifts this September.

Federal Court Postpones Fixed-Admission Rule

DHS had scheduled a rule for September 15, 2026, intended to eliminate the long-standing “duration of status” (D/S) framework in favor of fixed admission periods for F-1 students, J-1 exchange visitors, and media representatives.

On September 14, a federal district court in Massachusetts granted nationwide preliminary relief, blocking the rule during ongoing litigation. Eligible F-1 and J-1 nonimmigrants remain under the traditional D/S model for now, though students must continue to maintain status, keep SEVIS records updated, and fulfill program requirements.

SEVP Restricts Curricular Practical Training (CPT)

In August 2026 guidance, the Student and Exchange Visitor Program (SEVP) adopted a stricter interpretation of CPT eligibility. Under this stance, CPT should only be approved when practical training is required for all students across the curriculum to earn the degree. Elective internship courses or elective academic credits alone may no longer suffice.

Students pursuing internships—especially Day 1 CPT programs—must verify eligibility with their Designated School Official (DSO) before accepting work. Unauthorized employment risks status termination and future visa eligibility.

4. September Visa Bulletin: Green Card Backlogs and Fiscal-Year Deadlines

September 30 marks the end of FY 2026. For September filings, USCIS requires employment-based applicants to use the Final Action Dates chart and family-sponsored preference applicants to use the Dates for Filing chart.

Employment-Based Final Action Dates (September 2026)

Key Takeaways for Applicants

• India EB-2 & EB-5 Unreserved: Numbers are completely unavailable for September allocations. While FY 2027 opens on October 1 with fresh quotas, applicants must wait for the October bulletin before filing.
• Family-Based F2A: Current under September’s Dates for Filing chart, allowing eligible spouses and children of permanent residents to submit adjustment filings.

5. Temporary Protected Status (TPS): Diverging Paths for El Salvador and Haiti

El Salvador TPS Extended Informally

El Salvador’s TPS was slated to end on September 9, 2026. USCIS has since indicated that Salvadoran TPS beneficiaries will retain legal protection and employment authorization while future options are reviewed, though a standard fixed expiration extension was not published. Beneficiaries and employers must confirm valid documentation under Form I-9 guidelines.

Haiti TPS Terminated

Haiti’s designation officially terminated on July 27, 2026. Employers must reverify affected staff. Former beneficiaries must assess if they qualify for alternate relief (such as asylum or family petitions), keeping in mind that pending applications alone do not automatically grant lawful status or work authorization.

6. Status of Visa Restrictions: 75-Country Pause vs. Proclamation 10998

On August 21, 2026, the blanket pause on immigrant visa processing for 75 countries was vacated pursuant to court order in CLINIC v. Rubio.

While that broad pause is lifted, nationality-specific restrictions under Presidential Proclamation 10998 remain active, affecting entry and visa issuance for nationals of 39 countries, subject to narrow waivers. Consular applicants must determine if secondary bans apply prior to scheduling international travel.

7. Diversity Visa (DV-2026) Applicants Face Deadlines and Issuance Halts

The State Department initiated a complete pause on Diversity Visa issuances on August 31, 2026. While selectees may still attend consular interviews, no actual visas are being issued during the halt.

Because DV-2026 numbers expire on September 30 and cannot carry into FY 2027, selectees face a rigid statutory barrier. Individuals pursuing domestic Adjustment of Status should coordinate with counsel immediately regarding independent processing possibilities.

8. Expanded Social Media Screening Takes Effect October 1

Starting October 1, 2026, mandatory public social media disclosure will expand to include:

• I Visas: Foreign media and press representatives
• TN and TD Visas: USMCA professionals and dependent family members

Applicants in these categories must set profiles to public view to facilitate State Department vetting, joining existing requirements already applicable to F-1, J-1, and H-1B applicants.

Action Checklist for Applicants and Employers

• Green Card Applicants: Check priority cutoffs, ensure compliance with revised public charge rules, and use the 09/18/26 edition of Form I-485.
• H-1B Sponsors: Monitor litigation over the $100,000 proclamation fee, track proposed cap surcharge rules, and verify non-displacement of U.S. workers.
• F-1/J-1 Students: Maintain D/S compliance and obtain written DSO clearance before starting CPT internships.
• TPS Holders: Confirm status validation methods for Salvadoran documentation or examine alternative relief options if affected by the Haiti termination.
• Consular Applicants: Screen for country-specific entry proclamations and note the DV-2026 expiration cutoff.

Frequently Asked Questions

1. Is the proposed $103,265 H-1B fee now required?

No. Public comments closed on September 24, 2026, but the fee is only a proposed rule. It cannot be assessed unless officially published as a final rule.

2. Does the new public charge rule apply to green card applications already pending?

No. Cases filed before September 18, 2026, are judged under the 2022 standards. The revised rules apply strictly to cases filed on or after September 18, 2026.

3. Will receiving Medicaid or SNAP automatically result in a green card denial?

No. While more public benefits may be weighed, benefits use does not trigger an automatic denial; adjudication depends on the totality of financial and personal circumstances.

4. Has the F-1 duration-of-status system ended?

No. A federal court preliminary injunction issued on September 14 preserved the traditional duration-of-status policy pending trial.

5. Can international students still obtain CPT authorization?

Yes, provided the training is mandatory for all students within the academic degree path, per SEVP’s August guidance.

6. Will EB-2 India become available again in October 2026?

New fiscal year numbers open October 1, but movement depends on the official October Visa Bulletin dates published by the State Department.

7. Can Salvadoran TPS beneficiaries continue working after September 9, 2026?

Yes. Protection and work eligibility were preserved pending a formal status determination. Check USCIS instructions for Form I-9 verification particulars.

8. Are the restrictions affecting nationals of the previously listed 75 countries completely removed?

The January 2026 pause was vacated, but independent restrictions under Proclamation 10998 continue to restrict nationals of 39 specific countries.

9. Can DV-2026 applicants receive visas before September 30?

Currently, the State Department maintains a pause on issuing Diversity Visas, despite interviews continuing. Any relief requires sudden administrative or judicial intervention before midnight on September 30.

10. Does the expanded social media screening apply to TN visa applicants?

Yes. Beginning October 1, 2026, TN and TD applicants must provide public access to social media profiles during consular screening.

Speak With Kenjay Law Offices Ltd.

Immigration regulations shift rapidly through administrative memos, executive orders, and federal litigation. Kenjay Law Offices Ltd., led by Kenny Bhatt, Esq., represents individuals, families, and businesses across employment-based immigration, adjustment of status, and consular processing.

Contact Us:

• Phone: (224) 800-1585
• Email: info@kenjaylaw.com

Disclaimer: This article provides general informational commentary on immigration policies current as of September 25, 2026. It does not constitute formal legal counsel and establishes no attorney-client relationship.