Weekly immigration digest.Hello there — here's your weekly update. USCIS moves decoded, pathways mapped, and the filings worth getting in front of this week. | |||||||||||||||||||
IN THIS WEEK'S ISSUE
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The H-1B fee was struck down at $100,000. |
JustiGuide
$103,265 proposed fee per cap-subject H-1B petition — on top of existing filing fees | $8.8B estimated annual revenue from ~85,000 cap-subject petitions | ~Sept 24 public comments close (30 days after the Aug 25 Federal Register publication) |
The fee would apply to all cap-subject petitions, regardless of employer size. It would not apply to cap-exempt employers (universities, nonprofit research organizations, government research organizations), to extensions of existing H-1B status, or to employer transfers. Over 61% of H-1B employers approved only one petition in FY2025. For a small company sponsoring a single hire, this fee alone would exceed many annual salaries.
This is a proposed rule, not a final one. It is not in effect. If finalized, the fee would apply to cap-subject petitions filed in calendar year 2027 for FY2028. Comments are open now.
| ● Policy Watch · The September Calendar |
Three rules take effect this month.
Here is what changes and when.
Every rule from the summer lands in September. The dates are fixed unless a court intervenes. If you file, extend, or adjust status in September, at least one of these affects your case.
JustiGuide · Founder’s take · 2026 “The proposed H-1B fee is $103,265. The old one was $100,000. A court called the old one a tax the President could not impose. The administration repackaged it as cost recovery and added $3,265. Whether that distinction holds is a question for courts. Whether it changes who can afford to sponsor is a question the numbers already answer.” |
BO | Bisi Obateru Founder & CEO, JustiGuide · Stanford IPL affiliate |
Meanwhile, the September Visa Bulletin confirms that EB-2 India is unavailable through September 30. The annual limit was reached in May. No new I-140 approvals or I-485 adjustments can be issued in this category until October 1, when FY2027 numbers reset. EB-1 India and unreserved EB-5 may also become unavailable before the month ends.
| 01 · September 9 — the 9-11 fee extends to H-1B and L-1 extensions | Starting September 9, covered employers owe the $4,000 (H-1B) or $4,500 (L-1) fee on extension-of-status petitions, including same-employer extensions. Previously the fee only applied to initial petitions and employer transfers. “Covered employer” means 50 or more US employees and more than 50% in H-1B or L-1 status. Most employers are not covered. The fee is not retroactive. |
| 02 · September 9 — hearing on whether the duration-of-status rule takes effect | The court in Presidents’ Alliance v. DHS (D. Mass.) hears the preliminary injunction motion on September 9. The rule replacing “duration of status” with fixed four-year admissions for F-1, J-1, and I-visa holders takes effect September 15 unless the court stays it. Six days between the hearing and the effective date. |
| 03 · September 18 — new public charge rule and a new Form I-485 | USCIS rescinds the 2022 public charge regulation and replaces it with expanded guidance. Starting September 18, officers may weigh all means-tested benefits — including food stamps, Medicaid, and housing vouchers — not just cash assistance. A revised Form I-485 (edition 09/18/26) is required starting that date. There is no grace period. The older edition (01/20/25) will be rejected if postmarked on or after September 18. |
| 04 · Calendar — every date this month | Sept 9: 9-11 fee on extensions (91 FR 51360) + D/S hearing (D. Mass.). Sept 15: duration-of-status replacement takes effect (unless stayed). Sept 18: public charge rule + new I-485 required. ~Sept 24: comments close on $103,265 H-1B fee. Sept 30: FY2026 ends. Oct 1: FY2027 begins, EB-2 India and other exhausted categories reopen. Oct 13: comments close on mandatory e-filing rule. |
General information, not legal advice. The $103,265 H-1B fee is a proposed rule, not in effect. Dates listed here are as of August 30, 2026, and may change if a court issues a stay or injunction. Nothing here tells you whether you qualify for anything or advises you on whether or when to file. For your own case, talk to an immigration attorney.
| See what September changes affect your petition → |
| ● Action this week |
Three deadlines, one month. Ask Dolores what applies to you.
ASK DOLORES · PROFILE RE-MAPPING Fees, forms, and filing rules all change in September. Dolores can walk your petition type and show you which deadlines matter for your case — and what documentation to have ready before they hit.
Open your JustiGuide dashboard and ask Dolores to re-map your profile against this week's updates. She'll flag where your evidence is thin, which letters to re-source, and the strongest pathway for the petition you're actually preparing — not a generic checklist.
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| ● Also this week |
Also this week
| DHS proposes $103,265 fee on every cap-subject H-1B petition DHS published a proposed rule for a $103,265 fee on every H-1B cap-subject petition. Cap-exempt employers (universities, nonprofits, government research) are not affected. Neither are extensions or… USCIS · Proposed Aug 25, 2026 · NOT in effect |
| September Visa Bulletin: EB-2 India unavailable through September 30 EB-2 India hit its annual limit in May and remains unavailable for the rest of FY2026. No I-140 approvals or I-485 adjustments in this category until October 1. EB-1 India and unreserved EB-5 may… USCIS · FY2026 ends Sept 30 · numbers reset Oct 1 |
| Public charge rule expands on September 18 — new Form I-485 required, no grace period USCIS rescinds the 2022 public charge rule. Starting September 18, officers may consider all means-tested benefits (food stamps, Medicaid, housing vouchers), not just cash aid. A revised I-485… USCIS · Effective Sept 18, 2026 |
| Duration-of-status hearing set for September 9 — rule takes effect September 15 unless stayed The court in Presidents' Alliance v. DHS hears the preliminary injunction motion on September 9. The government's response brief was due August 31. The rule replacing duration of status with… USCIS · Hearing Sept 9, 2026 · D. Mass., No. 1:26-cv-13799 |
| Birthright citizenship: Trump signs a narrower executive order after the Supreme Court struck down the first After the Supreme Court ruled the January 2025 birthright citizenship order unconstitutional (Trump v. Barbara, June 30), the administration signed two narrower orders on August 6 — one targeting… USCIS · Aug 6, 2026 · implementation guidance due Sept 5 |
| PA-2026-05 still in effect: USCIS may deny without an RFE for missing initial evidence The policy alert that changed filing rules three weeks ago remains in effect and applies to cases already pending. A filing missing required initial evidence no longer guarantees an RFE. RFE… USCIS · In effect since Aug 5 — including pending cases |
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General information, not legal advice — JustiGuide is not a government agency or law firm.
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