Immigration Updates
Federal Agencies to Consider Workforce Reductions When Reviewing H-1B Petitions
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APPLIES TO All Employers |
EFFECTIVE SEP 18, 2026 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
Executive Order 14431, Enhancing Program Integrity and Interagency Coordination in the Administration of the H-1B Nonimmigrant Visa Program, continues to make changes to the H-1B petition process and further restricts its issuance. The order directs the U.S. Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security to coordinate and consult with the Secretary of Commerce, the Secretary of Education, and the Administrator of the Small Business Administration for any relevant wage, employment, academic, industrial or other economic information when processing H-1B petitions and labor condition applications.
The Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security are further instructed to take into account in any labor condition application, petition, visa, and entry of aliens entering or attempting to enter the United States as H-1B nonimmigrants whether the employer sponsor directly or indirectly engaged in layoffs within the previous year or plans future layoffs that negatively affect the employment of similarly situated United States workers.
The order cites “large-scale, systematic abuse of the H-1B program” resulting in harming wages, working conditions, and job opportunities of skilled American workers. The order also cites abuse of the H-1B program as a national security threat. The new directives for executive agencies are intended to prevent employers from “displacing American workers or otherwise giving preference to alien workers; misrepresenting the duties, requirements, or working conditions of job opportunities to avoid hiring or training American workers, falsely qualify jobs as specialty occupations, or lower applicable wage requirements.”
Action Items
- Consult with immigration legal counsel regarding H-1B petitions, visas, and labor condition applications.
USCIS Updates Policy Guidance for Public Charges
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APPLIES TO All Employers |
EFFECTIVE As Indicated |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion
U.S. Citizenship and Immigration Services (USCIS) updated its Policy Manual to reflect recent changes to Form I-485. The Form I-485 is used to apply for a permanent resident card through an adjustment of status. A revised form was published on September 18, 2026, and aligns with the Public Charge Ground of Inadmissibility Final Rule. The rule updates how the USCIS determines whether an individual is inadmissible for an adjustment of status because they are likely to become primarily dependent on the government for subsistence.
The updated guidance explains which categories of individuals are subject to the public charge inadmissibility grounds for an adjustment of status. The statutory factors for making a public charge inadmissibility determination are: (1) an individual’s age; (2) health; (3) family status; (4) assets, resources, and financial status; and (5) education and skills. Now, any other factor relevant to assessing inadmissibility can be considered including the receipt of means-tested public benefits, such as cash assistance for income maintenance, housing assistance, food stamps, financial aid for college, or any other similar benefit.
Lastly, the updated guidance also addresses public charge bonds. If USCIS finds an individual inadmissible, the USCIS officer may invite the individual to post a public charge bond which is a financial guarantee that the individual will not become a public charge. To determine the public charge bond amount, the USCIS officer will consider how much government assistance the alien may be eligible for and potentially receive over the next five years. USCIS will not accept public charge bonds from individuals who did not receive an invitation from USCIS.
Action Items
- Consult with immigration legal counsel regarding adjustments to change of status.
USCIS Halts Expiration of TPS for El Salvador
On September 9, 2026, USCIS announced it would retain TPS protections for beneficiaries from El Salvador. Unfortunately for employers, USCIS did not announce the new extension period or expiration date for work authorizations. USCIS also did not provide instructions on identifying the new expiration date for updating Form I-9 for affected individuals. Employers should be aware that TPS beneficiaries from El Salvador still have valid work authorizations pending updated USCIS guidance. They should continue to monitor the USCIS website for updates and consult with their immigration legal counsel regarding the work authorization of specific workers.
USCIS Fixed Admission Final Rule Blocked by Federal Court
On September 14, 2026, the U.S. District Court for the District of Massachusetts temporarily paused the Department of Homeland Security’s (DHS) final rule that would have replaced “duration of status” with fixed admission periods for F, J, and I nonimmigrant visas. In reaching its ruling, the court found that the plaintiff higher education institutions and labor unions were likely to succeed on claims that DHS violated the Administrative Procedure Act by failing to adequately justify the rule, analyze its costs, or address public comments. This means the existing “duration of status” rules are in effect for the affected visas. Employers should continue to monitor this case and consult with their immigration legal counsel since this is a temporary pause in implementation of the rule while the case goes forward.
New Fee Proposed for F-1 OPT Program
On October 8, 2026, DHS proposed a $70,000 fee for foreign students being recommended for the F-1 visa Optional Practical Training (OPT) program for their first 12 months of training, with an additional $30,000 fee required each time a student extends their work authorization under the program. Although colleges and universities would be formally responsible for the fee, the proposed rule explicitly permits schools to pass the cost to the student or their employer. DHS estimates these fee transfers could total up to $169 billion over the next 10 years. The proposed rule is currently subject to a 30-day comment period, so employers should continue to monitor the rulemaking process.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase